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Articles 2341 - 2370 of 3077
Full-Text Articles in Constitutional Law
The Qualitative Dimension Of Fourth Amendment "Reasonableness", Sherry F. Colb
The Qualitative Dimension Of Fourth Amendment "Reasonableness", Sherry F. Colb
Cornell Law Faculty Publications
Supreme Court doctrine protects two seemingly distinct kinds of interests under the heading of privacy rights: one "substantive," the other "procedural." The Fourth Amendment guarantee against "unreasonable searches and seizures" has been generally interpreted to protect procedural privacy. Searches are typically defined as governmental inspections of activities and locations in which an individual has a reasonable expectation of privacy from observation. In the typical case, this reasonable expectation of privacy may be breached only where the government has acquired a quantitatively substantial objective basis for believing that the search would uncover evidence of a crime. Substantive privacy rights have not …
Lie Detection: The Supreme Court's Polygraph Decision, Bennett L. Gershman
Lie Detection: The Supreme Court's Polygraph Decision, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
In United States v. Scheffer, decided this past Term, the Supreme Court considered for the first time the admissibility of polygraph evidence. The Court held that exclusion of such evidence on behalf of a criminal defendant was supported by valid justifications and offended no constitutional right to present a defense.
"We The People" And Our Enduring Values, Susan Bandes
"We The People" And Our Enduring Values, Susan Bandes
Michigan Law Review
Akhil Amar chides legal scholars for believing that the current system of criminal procedure, both substantive and remedial, is constitutionally compelled. He writes, "Scholars should know better, but too few of those who write in criminal procedure do serious, sustained scholarship in constitutional law generally, or in fields like federal jurisdiction and remedies" (p. 115). Amar believes, as I do, that criminal procedure has been impoverished by its failure to connect to "larger themes of constitutional, remedial and jurisdictional theory" (p. 115). But as one who has done serious, sustained scholarship in all the areas Amar mentions - or so …
After Legal Indeterminacy: Carl Schmitt And The National Socialist Legal Order, 1933-1936, William E. Scheuerman
After Legal Indeterminacy: Carl Schmitt And The National Socialist Legal Order, 1933-1936, William E. Scheuerman
Cardozo Law Review
No abstract provided.
Aggravating And Mitigating Factors: The Paradox Of Today's Arbitrary And Mandatory Capital Punishment Scheme, Jeffrey L. Kirchmeier
Aggravating And Mitigating Factors: The Paradox Of Today's Arbitrary And Mandatory Capital Punishment Scheme, Jeffrey L. Kirchmeier
William & Mary Bill of Rights Journal
Over twenty years ago, the United States Supreme Court held that both mandatory capital sentencing schemes and total discretionary capital sentencing schemes violate the Eighth Amendment. According to Jeffrey Kirchmeier, the "guided discretion" capital sentencing scheme of sentencing factors that has developed, however, has the constitutional problems of both mandatory death penalties and unlimited discretion death penalties.
Justices Scalia, Blackmun, and Thomas have noted that the mandate of unlimited mitigating circumstances has resulted in an arbitrary system. Kirchmeier argues that today's sentencing scheme is arbitrary also because of undefined aggravating factors, unlimited nonstatutory aggravating factors, and victim impact evidence. According …
Interpreting The Constitution From Inside The Jury Box: Affecting Interstate Commerce As An Element Of The Crime, Richard W. Smith
Interpreting The Constitution From Inside The Jury Box: Affecting Interstate Commerce As An Element Of The Crime, Richard W. Smith
Washington and Lee Law Review
No abstract provided.
Right To Counsel, Court Of Appeals: People V. Cohen
Right To Counsel, Court Of Appeals: People V. Cohen
Touro Law Review
No abstract provided.
Right To Counsel, Supreme Court, Appellate Division, Third Department: People V. Gabriel
Right To Counsel, Supreme Court, Appellate Division, Third Department: People V. Gabriel
Touro Law Review
No abstract provided.
Right To Jury Trial, Supreme Court, Dutchess County: People V. Mcintosh
Right To Jury Trial, Supreme Court, Dutchess County: People V. Mcintosh
Touro Law Review
No abstract provided.
Right To A Speedy Trial, Supreme Court, Appellate Division, Second Department: People V. Coplin
Right To A Speedy Trial, Supreme Court, Appellate Division, Second Department: People V. Coplin
Touro Law Review
No abstract provided.
Search And Seizure, Supreme Court, Appellate Division, First Department: People V. Lafontaine
Search And Seizure, Supreme Court, Appellate Division, First Department: People V. Lafontaine
Touro Law Review
No abstract provided.
Search And Seizure, Supreme Court, Appellate Division, First Department: People V. Smith
Search And Seizure, Supreme Court, Appellate Division, First Department: People V. Smith
Touro Law Review
No abstract provided.
Search And Seizure, Supreme Court, Bronx County: People V. Johnson
Search And Seizure, Supreme Court, Bronx County: People V. Johnson
Touro Law Review
No abstract provided.
Search And Seizure, Supreme Court, Queens County: People V. Brewer
Search And Seizure, Supreme Court, Queens County: People V. Brewer
Touro Law Review
No abstract provided.
Self-Incrimination, Supreme Court, Appellate Division, Fourth Department: People V. Hall
Self-Incrimination, Supreme Court, Appellate Division, Fourth Department: People V. Hall
Touro Law Review
No abstract provided.
Self-Incrimination, Supreme Court, Suffolk County: People V. Shulman
Self-Incrimination, Supreme Court, Suffolk County: People V. Shulman
Touro Law Review
No abstract provided.
Does New York's Death Penalty Statute Violate The New York Constitution?, Honorable Stewart F. Hancock Jr., Christopher Quinn, Richard Klein
Does New York's Death Penalty Statute Violate The New York Constitution?, Honorable Stewart F. Hancock Jr., Christopher Quinn, Richard Klein
Touro Law Review
No abstract provided.
Prosecutorial Misconduct In Closing Argument In Arkansas Criminal Trials, J. Thomas Sullivan
Prosecutorial Misconduct In Closing Argument In Arkansas Criminal Trials, J. Thomas Sullivan
University of Arkansas at Little Rock Law Review
No abstract provided.
New York Vs. "The Rest Of The Country": State Constitutional Criminal Procedure, Barry Latzer
New York Vs. "The Rest Of The Country": State Constitutional Criminal Procedure, Barry Latzer
Touro Law Review
No abstract provided.
Confrontation Clause, Court Of Appeals: People V. Ortiz
Confrontation Clause, Court Of Appeals: People V. Ortiz
Touro Law Review
No abstract provided.
Double Jeopardy, Court Of Appeals: People V. Vasquez
Double Jeopardy, Court Of Appeals: People V. Vasquez
Touro Law Review
No abstract provided.
Double Jeopardy, Supreme Court, Appellate Division Second Department: People V. Haishun
Double Jeopardy, Supreme Court, Appellate Division Second Department: People V. Haishun
Touro Law Review
No abstract provided.
Double Jeopardy, Supreme Court, Appellate Term Second Judicial Department: People V. Steele
Double Jeopardy, Supreme Court, Appellate Term Second Judicial Department: People V. Steele
Touro Law Review
No abstract provided.
Right To Counsel, Supreme Court, Appellate Division, First Department: People V. Leslie
Right To Counsel, Supreme Court, Appellate Division, First Department: People V. Leslie
Touro Law Review
No abstract provided.
Right To Counsel, Court Of Appeals: People V. Wilson
Right To Counsel, Court Of Appeals: People V. Wilson
Touro Law Review
No abstract provided.
Right To Jury Trial, Supreme Court, Appellate Division, Second Department: Hynes V. Tomei Court
Right To Jury Trial, Supreme Court, Appellate Division, Second Department: Hynes V. Tomei Court
Touro Law Review
No abstract provided.
Search And Seizure, Court Of Appeals: People V. Funches
Search And Seizure, Court Of Appeals: People V. Funches
Touro Law Review
No abstract provided.
Search And Seizure, Supreme Court, Appellate Division, Second Department: People V. Hichez
Search And Seizure, Supreme Court, Appellate Division, Second Department: People V. Hichez
Touro Law Review
No abstract provided.
Neonaticide And The "Ethos Of Maternity": Traditional Criminal Law Defenses And The Novel Syndrome, Judith E. Macfarlane
Neonaticide And The "Ethos Of Maternity": Traditional Criminal Law Defenses And The Novel Syndrome, Judith E. Macfarlane
Cardozo Journal of Equal Rights & Social Justice
The note explores the legal and psychological dimensions of neonaticide, proposing the recognition of a Neonaticide Syndrome to better understand the mental state of perpetrators and inform legal defenses. It argues that such a syndrome, characterized by denial of pregnancy and psychotic breaks, could provide a framework for lenient sentencing and negate intent in homicide charges, similar to how Rape Trauma Syndrome and Battered Woman Syndrome are used in court. The analysis emphasizes the need for expert testimony to explain the mental state of defendants and the admissibility of such evidence under Frye and Daubert standards.
Taking The Cop Out Of Copping A Plea: Eradicating Police Prosecution Of Criminal Cases, Andrew Horwitz
Taking The Cop Out Of Copping A Plea: Eradicating Police Prosecution Of Criminal Cases, Andrew Horwitz
Law Faculty Scholarship
No abstract provided.