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Articles 841 - 870 of 1233
Full-Text Articles in Constitutional Law
A Constitutional Crisis In The Digital Age: Why The Fbi's "Carnivore" Does Not Defy The Fourth Amendment, Aaron Y. Strauss
A Constitutional Crisis In The Digital Age: Why The Fbi's "Carnivore" Does Not Defy The Fourth Amendment, Aaron Y. Strauss
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Long Distance Remand: Florida V. Bostick And The Re-Awakened Bus Search Battlefront In The War On Drugs, Dennis J. Callahan
The Long Distance Remand: Florida V. Bostick And The Re-Awakened Bus Search Battlefront In The War On Drugs, Dennis J. Callahan
William & Mary Law Review
No abstract provided.
When Constitutional Worlds Colide: Resurrecting The Framers' Bill Of Rights And Criminal Procedure, George C. Thomas Iii
When Constitutional Worlds Colide: Resurrecting The Framers' Bill Of Rights And Criminal Procedure, George C. Thomas Iii
Michigan Law Review
For two hundred years, the Supreme Court has been interpreting the Bill of Rights. Imagine Chief Justice John Marshall sitting in the dim, narrow Supreme Court chambers, pondering the interpretation of the Sixth Amendment right to compulsory process in United States v. Burr. Aaron Burr was charged with treason for planning to invade the Louisiana Territory and create a separate government there. To help prepare his defense, Burr wanted to see a letter written by General James Wilkinson to President Jefferson. In ruling on Burr's motion to compel disclosure, Marshall departed from the literal language of the Sixth Amendment - …
True Threats: Evolving Mens Rea Requirements For Violations Of 18 U.S.C. § 875(C), Justin Myer Lichterman
True Threats: Evolving Mens Rea Requirements For Violations Of 18 U.S.C. § 875(C), Justin Myer Lichterman
Cardozo Law Review
No abstract provided.
Personal Does Not Always Equal "Private": The Constitutionality Of Requiring Dna Samples From Convicted Felons And Arrestees, Martha L. Lawson
Personal Does Not Always Equal "Private": The Constitutionality Of Requiring Dna Samples From Convicted Felons And Arrestees, Martha L. Lawson
William & Mary Bill of Rights Journal
In the past couple of decades, the use of DNA testing has become a major debate in criminal law. Many Americans have called for regular use of DNA testing in criminal cases, particularly in the aftermath of the O.J. Simpson murder trial. While these tests can potentially help better ensure justice conducting DNA tests raises fundamental personal privacy concerns. This Note analyzes the development of DNA testing throughout the United States, giving a historical account of how the courts and local police departments have dealt with this testing Finally, the Note argues that the government's interest in mandatory testing of …
Determining Reasonableness Under The Fourth Amendment: Physical Force To Control And Punish Students, Kathryn R. Urbonya
Determining Reasonableness Under The Fourth Amendment: Physical Force To Control And Punish Students, Kathryn R. Urbonya
Faculty Publications
No abstract provided.
Identifying And (Re)Formulating Prophylactic Rules, Safe Harbors, And Incidental Rights In Constitutional Criminal Procedure, Susan R. Klein
Identifying And (Re)Formulating Prophylactic Rules, Safe Harbors, And Incidental Rights In Constitutional Criminal Procedure, Susan R. Klein
Michigan Law Review
The Miranda conundrum runs something like this. If the Miranda decision represents true constitutional interpretation, and all unwarned statements taken during custodial interrogation are "compelled" within the meaning of the Self-Incrimination Clause, the impeachment and "fruits" exceptions to Miranda should fall. If it is not true constitutional interpretation, than the Court has no business reversing state criminal convictions for its violation. I offer here what I hope is a satisfying answer to this conundrum, on both descriptive and normative levels, that justifies not only Miranda but a host of similar Warren, Burger, and Rehnquist Court decisions as well. In Part …
The Paths Not Taken: The Supreme Court's Failures In Dickerson, Paul G. Cassell
The Paths Not Taken: The Supreme Court's Failures In Dickerson, Paul G. Cassell
Michigan Law Review
Where's the rest of the opinion? That was my immediate reaction to reading the Supreme Court's terse decision in Dickerson, delivered to me via email from the clerk's office a few minutes after its release. Surely, I thought, some glitch in the transmission had eliminated the pages of discussion on the critical issues in the case. Yet, as it became clear that I had received all of the Court's opinion, my incredulity grew.
Miranda, Dickerson, And The Puzzling Persistence Of Fifth Amendment Exceptionalism, Stephen J. Schulhofer
Miranda, Dickerson, And The Puzzling Persistence Of Fifth Amendment Exceptionalism, Stephen J. Schulhofer
Michigan Law Review
Dickerson v. United States preserves the status quo regime for judicial oversight of police interrogation. That result could be seen, in the present climate, as a victory for due process values, but there remain many reasons for concern that existing safeguards are flawed - that they are either too restrictive or not restrictive enough. Such concerns are partly empirical, of course. They depend on factual assessments of how much the Miranda rules do restrict the police. But such concerns also reflect a crucial, though often unstated, normative premise; they presuppose a certain view of how much the police should be …
Questioning The Relevance Of Miranda In The Twenty-First Century, Richard A. Leo
Questioning The Relevance Of Miranda In The Twenty-First Century, Richard A. Leo
Michigan Law Review
Miranda v. Arizona is the most well-known criminal justice decision - arguably the most well-known legal decision - in American history. Since it was decided in 1966, the Miranda decision has spawned voluminous newspaper coverage, political and legal debate, and academic commentary. The Miranda warnings themselves have become so well-known through the media of television that most people recognize them immediately. As Patrick Malone has pointed out, the Miranda decision has added its own lexicon of words and phrases to the American language. Perhaps with this understanding in mind, George Thomas recently suggested that the Miranda warnings are more well-known …
In The Stationhouse After Dickerson, Charles D. Weisselberg
In The Stationhouse After Dickerson, Charles D. Weisselberg
Michigan Law Review
Miranda v. Arizona established the high water mark of the protections afforded an accused during a custodial interrogation. During the decades that followed, the United States Supreme Court allowed Miranda's foundation to erode, inviting a direct challenge to the landmark ruling. In Dickerson v. United States, the Court turned back such a challenge and placed Miranda upon a more secure, constitutional footing. This Article explores the impact of Dickerson in the place where Miranda was meant to matter most: the stationhouse. As I have described elsewhere, Supreme Court decisions have influenced a number of California law enforcement agencies to instruct …
Miranda'S Failure To Restrain Pernicious Interrogation Practices, Welsh S. White
Miranda'S Failure To Restrain Pernicious Interrogation Practices, Welsh S. White
Michigan Law Review
As Yale Kamisar's writings on police interrogation demonstrate, our simultaneous commitments to promoting law enforcement's interest in obtaining confessions and to protecting individuals from overreaching interrogation practices have created a nearly irreconcilable tension. If the police must be granted authority to engage in effective questioning of suspects, it will obviously be difficult to insure that "the terrible engine of the criminal law . . . not . . . be used to overreach individuals who stand helpless against it." If we are committed to accommodating these conflicting interests, however, some means must be found to impose appropriate restraints on the …
Miranda, The Constitution, And Congress, David A. Strauss
Miranda, The Constitution, And Congress, David A. Strauss
Michigan Law Review
Are Miranda warnings required by the Constitution, or not? If they are, why has the Supreme Court repeatedly said that the rights created by Miranda are "not themselves rights protected by the Constitution"? If not, why can't an Act of Congress, such as 18 U.S.C. 3501, declare them to be unnecessary? These were the central questions posed by United States v. Dickerson. It is not clear that the majority opinion ever really answered them. The majority said that "Miranda is constitutionally based," that Miranda has "constitutional underpinnings," that Miranda is "a constitutional decision," and that Miranda "announced a constitutional rule." …
Miranda'S Mistake, William J. Stuntz
Miranda'S Mistake, William J. Stuntz
Michigan Law Review
The oddest thing about Miranda is its politics - a point reinforced by the decision in, and the reaction to, Dickerson v. United States. In Dickerson, the Supreme Court faced the question whether Miranda ought to be overturned, either directly or by permitting legislative overrides. The lawyers, the literature, and the Court split along right-left - or, in the Court's case, right-center - lines, with the right seeking to do away with Miranda's restrictions on police questioning, and the left (or center) seeking to maintain them. The split is familiar. Reactions to Miranda have always divided along ideological lines, with …
Separated At Birth But Siblings Nonetheless: Miranda And The Due Process Notice Cases, George C. Thomas Iii
Separated At Birth But Siblings Nonetheless: Miranda And The Due Process Notice Cases, George C. Thomas Iii
Michigan Law Review
Paraphrasing Justice Holmes, law is less about logic than experience. Courts and scholars have now had thirty-four years of experience with Miranda v. Arizona, including the Court's recent endorsement in Dickerson v. United States last Term. Looking back over this experience, it is plain that the Court has created a Miranda doctrine quite different from what it has said it was creating. I think the analytic structure in Dickerson supports this rethinking of Miranda. To connect the dots, I offer a new explanation for Miranda that permits us to reconcile Dickerson and the rest of the post-Miranda doctrine with the …
Deceptive Police Interrogation Practices: How Far Is Too Far?, Laurie Magid
Deceptive Police Interrogation Practices: How Far Is Too Far?, Laurie Magid
Michigan Law Review
Virtually all interrogations - or at least virtually all successful interrogations - involve some deception. As the United States Supreme Court has placed few limits on the use of deception, the variety of deceptive techniques is limited chiefly by the ingenuity of the interrogator. Interrogators still rely on the classic "Mutt and Jeff," or "good cop, bad cop," routine. Interrogators tell suspects that nonexistent eyewitnesses have identified them, or that still at-large accomplices have given statements against them. Interrogators have been known to put an unsophisticated suspect's hand on a fancy, new photocopy machine and tell him that the "Truth …
Kyllo V. United States And The Partial Ascendance Of Justice Scalia's Fourth Amendment, Richard Henry Seamon
Kyllo V. United States And The Partial Ascendance Of Justice Scalia's Fourth Amendment, Richard Henry Seamon
Articles
No abstract provided.
An Exception Swallows A Rule: Police Authority To Search Incident To Arrest, Wayne A. Logan
An Exception Swallows A Rule: Police Authority To Search Incident To Arrest, Wayne A. Logan
Scholarly Publications
Compared to Fourth Amendment jurisprudence more generally, with its well-earned reputation for complexity and variability, the search incident to arrest exception to the Amendment's warrant requirement would appear an oasis of consistency. The exception affords police an unqualified right to search anyone they arrest, without first obtaining a search warrant from a neutral judicial official. This right extends to the bodies of all arrestees, their area of "immediate control," and, if driving a car, the interior of the car and any containers located therein
Drug Tests, Arrests & Fetuses: A Comment On The U.S. Supreme Court's Narrow Opinion In Ferguson V. City Of Charleston, Brigitte M. Nahas
Drug Tests, Arrests & Fetuses: A Comment On The U.S. Supreme Court's Narrow Opinion In Ferguson V. City Of Charleston, Brigitte M. Nahas
Cardozo Journal of Equal Rights & Social Justice
The article examines the Supreme Court's decision in Ferguson v. City of Charleston, where the Court ruled that a hospital's drug-testing policy for pregnant patients violated the Fourth Amendment. The analysis critiques the Court's narrow opinion for failing to provide clear guidance on future drug-testing policies, while emphasizing the unconstitutionality of using such policies primarily for law enforcement purposes. The author argues that the decision leaves unresolved questions about the balance between government interests and women's privacy and reproductive rights, particularly in the context of prenatal care and drug use.
Stopping A Moving Target, Sherry F. Colb
Stopping A Moving Target, Sherry F. Colb
Cornell Law Faculty Publications
No abstract provided.
Racial Profiling And Whren: Searching For Objective Evidence Of The Fourth Amendment On The Nation's Roads, Alberto B. Lopez
Racial Profiling And Whren: Searching For Objective Evidence Of The Fourth Amendment On The Nation's Roads, Alberto B. Lopez
Kentucky Law Journal
No abstract provided.
Establishing Inevitability Without Active Pursuit: Defining The Inevitable Discovery Exception To The Fourth Amendment Exclusionary Rule, Stephen E. Hessler
Establishing Inevitability Without Active Pursuit: Defining The Inevitable Discovery Exception To The Fourth Amendment Exclusionary Rule, Stephen E. Hessler
Michigan Law Review
Few doctrines of constitutional criminal procedure generate as much controversy as the Fourth Amendment exclusionary rule. Beyond the basic mandate of the rule - that evidence obtained in violation of an individual's right to be secure against unreasonable search and seizure is inadmissible in a criminal proceeding - little else is agreed upon. The precise date of the exclusionary rule's inception is uncertain, but it has been applied by the judiciary for over eight decades. While the Supreme Court has emphasized that the rule is a "judicially created remedy," and not a "personal constitutional right," this characterization provokes argument as …
Wake Up And Smell The Contraband: Why Courts That Do Not Find Probable Cause Based On Odor Alone Are Wrong, Michael A. Sprow
Wake Up And Smell The Contraband: Why Courts That Do Not Find Probable Cause Based On Odor Alone Are Wrong, Michael A. Sprow
William & Mary Law Review
No abstract provided.
Constitutional Law And Criminal Procedure—Media Ride-Alongs Into The Home: Can They Survive A Head-On Collision Between First And Fourth Amendment Rights? Wilson V. Layne, 526 U.S. 603 (1999), Deleith Duke Gossett
Constitutional Law And Criminal Procedure—Media Ride-Alongs Into The Home: Can They Survive A Head-On Collision Between First And Fourth Amendment Rights? Wilson V. Layne, 526 U.S. 603 (1999), Deleith Duke Gossett
University of Arkansas at Little Rock Law Review
No abstract provided.
Wilson, V Layne: Bans Press With Police In The Home, But Leaves Media Ride-Alongs Intact, Kathy A. Brown
Wilson, V Layne: Bans Press With Police In The Home, But Leaves Media Ride-Alongs Intact, Kathy A. Brown
West Virginia Law Review
No abstract provided.
Healing The Blind Goddess: Race And Criminal Justice, Mark D. Rosenbaum, Daniel P. Tokaji
Healing The Blind Goddess: Race And Criminal Justice, Mark D. Rosenbaum, Daniel P. Tokaji
Michigan Law Review
Once again, issues of race, ethnicity, and class within our criminal justice system have been thrust into the public spotlight. On both sides of the country, in our nation's two largest cities, police are being called to account for acts of violence directed toward poor people of color. In New York City, a West African immigrant named Amadou Diallo was killed by four white police officers, who fired forty-one bullets at the unarmed man as he stood in the vestibule of his apartment building in a poor section of the Bronx. Did race influence the officers' decisions to fire the …
Supreme Court's 1998-1999 Term: Fourth Amendment Decisions, Kathryn R. Urbonya
Supreme Court's 1998-1999 Term: Fourth Amendment Decisions, Kathryn R. Urbonya
Faculty Publications
No abstract provided.
Filling In Some Pieces: The Supreme Court’S Criminal Law Decisions In The 1998-1999 Term, William E. Hellerstein
Filling In Some Pieces: The Supreme Court’S Criminal Law Decisions In The 1998-1999 Term, William E. Hellerstein
Touro Law Review
No abstract provided.
Case Notes: State V. Jackson: Warning - Roadblock Ahead! Louisiana Creates Log Jam Of Search And Seizure Analysis, Marc L. Roark
Case Notes: State V. Jackson: Warning - Roadblock Ahead! Louisiana Creates Log Jam Of Search And Seizure Analysis, Marc L. Roark
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
Oklahoma Constitutional Law: The Future Of The Fourth Amendment In Oklahoma High Schools, Melinda Wyatt Gilliam
Oklahoma Constitutional Law: The Future Of The Fourth Amendment In Oklahoma High Schools, Melinda Wyatt Gilliam
Oklahoma Law Review
No abstract provided.