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Articles 2371 - 2400 of 4033
Full-Text Articles in Criminal Law
New York V. Belton: The Scope Of Warrantless Searches Extended, Glenn D. Forcucci
New York V. Belton: The Scope Of Warrantless Searches Extended, Glenn D. Forcucci
Pepperdine Law Review
The United States Supreme Court, in New York v. Belton, expanded the area in which a policeman may search after he has made a lawful custodial arrest. In so ruling, the Supreme Court dramatically departed from its previous holding in Chimel v. California. While Chimel limited the area of the search to the area "within the immediate control of the arrestee," Belton allowed a search outside of that established boundary, as the Supreme Court allowed the search to include the passenger compartment of an automobile which the arrestee had not occupied.
Chandler V. Florida: Cameras, Courts, And The Constitution, Allen F. Camp
Chandler V. Florida: Cameras, Courts, And The Constitution, Allen F. Camp
Pepperdine Law Review
The rising importance of television journalism in the 1960's has resulted in the Supreme Court deciding whether a criminal defendant's due process rights are violated by camera coverage of the courtroom proceeding. The decision of Chandler v. Florida clearly provides the answer; for unless a defendant proves prejudice with specificity, the Constitution does not ban televised criminal trials. The author examines the issues with a revealing historical perspective. He then traces the Court's factual and legal analysis and concludes that the decision will serve to offer the states guidance in deciding whether to implement a program allowing television coverage of …
Legislative Response To Zurcher V. Stanford Daily, J. Kirk Boyd
Legislative Response To Zurcher V. Stanford Daily, J. Kirk Boyd
Pepperdine Law Review
The author explores and surveys the legislative response to Zurcher v. Stanford Daily. While it is recognized that the debate and controversy is far from over, the resulting legislation, including the Privacy Protection Act of 1980, is viewed as being a significant contribution to the area of fourth amendment law. The author analyzes the applicable legislation in detail.
Federal Discretion In The Prosecution Of Local Political Corruption, Andrew T. Baxter
Federal Discretion In The Prosecution Of Local Political Corruption, Andrew T. Baxter
Pepperdine Law Review
Federal prosecutors' awareness of political corruption at the state and local levels has recently increased concomitantly to the incidence of disclosures and prosecutions of similar corruption at the federal level. Because local law enforcement officials have frequently been unable or unwilling to pursue local political corruption, federal prosecutors have increasingly assumed responsibility for the policing of non-federal political criminal activity, even in the absence of definitive statutory grounds. In this article, the author examines the legal basis upon which federal prosecution of local political corruption is conducted. It is asserted that existing federal judicial and legislative limitations provide an inexact …
Under The Influence Of California's New Drunk Driving Law: Is The Drunk Driver's Presumption Of Innocence On The Rocks? , Douglas Caiafa, A. Randall Farnsworth
Under The Influence Of California's New Drunk Driving Law: Is The Drunk Driver's Presumption Of Innocence On The Rocks? , Douglas Caiafa, A. Randall Farnsworth
Pepperdine Law Review
On January 1, 1982, the new California drunk driving law went into effect. This law makes it a crime to drive a motor vehicle where one's blood alcohol level is .10 or more. The law also marks a legislative attempt to curtail the practice of plea bargaining in drunk driving cases and significantly increases the penalties imposed upon those convicted of drunk driving. This Comment will discuss the provisions of the new drunk driving law and examine its constitutionality.
An Analysis Of The Death Penalty Jurisprudence Of The October 2007 Supreme Court Term, Richard Klein
An Analysis Of The Death Penalty Jurisprudence Of The October 2007 Supreme Court Term, Richard Klein
Touro Law Review
No abstract provided.
Criminal Procedure Decisions From The October 2007 Term, Susan N. Herman
Criminal Procedure Decisions From The October 2007 Term, Susan N. Herman
Touro Law Review
No abstract provided.
Constitutional Considerations: Government Responsibility And The Right Not To Be A Victim , Richard L. Aynes
Constitutional Considerations: Government Responsibility And The Right Not To Be A Victim , Richard L. Aynes
Pepperdine Law Review
Within a democratic society, citizens are provided with certain rights and liberties. Among those rights and liberties is the right not to be a victim. In this article, the author examines and analyzes the growing concern for the protection of victims of crimes. Recent legislative enactments have been designed to alter the role of the victim in the civil and criminal justice systems by defining and implementing a series of "victims' rights." The author concludes by recognizing that one of the most important duties of government is to provide for the physical safety of those within its jurisdiction. To implement …
Mistreating A Symptom: The Legitimizing Of Mandatory, Indefinite Commitment Of Insanity Acquittees - Jones V. United States, Paul S. Avilla
Mistreating A Symptom: The Legitimizing Of Mandatory, Indefinite Commitment Of Insanity Acquittees - Jones V. United States, Paul S. Avilla
Pepperdine Law Review
At the end of the 1982 term, in Jones v. United States, the United States Supreme Court upheld a District of Columbia statute requiring the automatic and indefinite commitment of persons acquitted by reason of insanity. While under the D.C. statute the acquittee is periodically given the opportunity to gain release, the practice of involuntarily confining someone who has been acquitted raises serious due process and equal protection issues. This note examines the Court's analysis of these issues, focusing on a comparison of the elements necessary for an insanity defense with the showing required by the due process clause for …
Immigration Consequences To A Charge Of Simple Assault Or Battery, Deborah Gonzalez
Immigration Consequences To A Charge Of Simple Assault Or Battery, Deborah Gonzalez
Law Faculty Scholarship
No abstract provided.
Opinion: A Two-Part State Supreme Court, Stanley Mosk
Opinion: A Two-Part State Supreme Court, Stanley Mosk
Pepperdine Law Review
No abstract provided.
Thompson V. Oklahoma: Debating The Constitutionality Of Juvenile Executions, Susan M. Simmons
Thompson V. Oklahoma: Debating The Constitutionality Of Juvenile Executions, Susan M. Simmons
Pepperdine Law Review
No abstract provided.
Coy V. Iowa: A Constitutional Right Of Intimidation, John A. Mayers
Coy V. Iowa: A Constitutional Right Of Intimidation, John A. Mayers
Pepperdine Law Review
No abstract provided.
Judicial Sentencing Error: Thomas V. Morris And The Double Jeopardy Clause , Paul G. Flynn
Judicial Sentencing Error: Thomas V. Morris And The Double Jeopardy Clause , Paul G. Flynn
Pepperdine Law Review
No abstract provided.
Evidence Of Mental Disorder On Mens Rea: Constitutionality Of Drawing The Line At The Insanity Defense , Harlow M. Huckabee
Evidence Of Mental Disorder On Mens Rea: Constitutionality Of Drawing The Line At The Insanity Defense , Harlow M. Huckabee
Pepperdine Law Review
No abstract provided.
Thornburgh V. Abbott: Slamming The Prison Gates On Constitutional Rights, Megan M. Mcdonald
Thornburgh V. Abbott: Slamming The Prison Gates On Constitutional Rights, Megan M. Mcdonald
Pepperdine Law Review
No abstract provided.
The Constitutionality Of The Federal Sentencing Reform Act After Mistretta V. United States, Charles R. Eskridge Iii
The Constitutionality Of The Federal Sentencing Reform Act After Mistretta V. United States, Charles R. Eskridge Iii
Pepperdine Law Review
No abstract provided.
Drugs, Dignity And Danger: Human Dignity As A Constitutional Constraint To Limit Overcriminalization, Michal Buchhandler-Raphael
Drugs, Dignity And Danger: Human Dignity As A Constitutional Constraint To Limit Overcriminalization, Michal Buchhandler-Raphael
Scholarly Articles
This Article proposes a constitutional constraint to limit criminalization of victimless crimes and, particularly, to alleviate the pressures on the criminal justice system emanating from its continuous “war on drugs.” To accomplish this goal, the Article explores the concept of human dignity, a fundamental right yet to be invoked in the context of substantive criminal law. The U.S. Supreme Court’s jurisprudence invokes conflicting accounts of human dignity: liberty as dignity, on the one hand, and communitarian virtue as dignity, on the other. However, the Court has not yet developed a workable mechanism to reconcile these competing concepts in cases where …
Florida V. Jardines: The Wolf At The Castle Door, Timothy C. Macdonnell
Florida V. Jardines: The Wolf At The Castle Door, Timothy C. Macdonnell
Scholarly Articles
The purpose of this article is to examine the controversy regarding the application of the contraband exception to the home and the potential impact of the Florida v. Jardines decision of the U.S. Supreme Court. The article will begin by examining the cases that make up the Supreme Court's contraband exception and some of the Court's precedent regarding the home and warrantless searches. Next, the article will examine the Florida Supreme Court's holding in Jardines and discuss how the Florida court arrived at the conclusion that the canine sniff in that case was a search. This section will compare the …
Meaningless Opportunities: Graham V. Florida And The Reality Of De Facto Lwop Sentences, Mark T. Freeman
Meaningless Opportunities: Graham V. Florida And The Reality Of De Facto Lwop Sentences, Mark T. Freeman
McGeorge Law Review
No abstract provided.
The Evolution Of Justice Kennedy’S Eighth Amendment Jurisprudence On Categorical Bars In Capital Cases, Linda E. Carter
The Evolution Of Justice Kennedy’S Eighth Amendment Jurisprudence On Categorical Bars In Capital Cases, Linda E. Carter
McGeorge Law Review
No abstract provided.
Removing The Presumption Of Innocence: A Constitutional Analysis Of The Ogden Trece Gang Injunction, Megan K. Baker
Removing The Presumption Of Innocence: A Constitutional Analysis Of The Ogden Trece Gang Injunction, Megan K. Baker
Utah OnLaw: The Utah Law Review Online Supplement
Gang activity poses a substantial problem in many communities. The city of Ogden, Utah, is home to many gangs, and law enforcement is constantly looking for a way to decrease gang violence. In an attempt to reduce gang violence in Ogden, Judge Ernie Jones issued the Ogden Trece gang injunction on September 27, 2010, in Weber County, Utah. The injunction, based on several similar injunctions in California, affects hundreds of alleged Ogden Trece gang members and spans an area including virtually the entire city of Ogden. The injunction prohibits those enjoined from engaging in various illegal activities as well as …
The Evolution Of Justice Kennedy’S Eighth Amendment Jurisprudence On Categorical Bars In Capital Cases, Linda Carter
The Evolution Of Justice Kennedy’S Eighth Amendment Jurisprudence On Categorical Bars In Capital Cases, Linda Carter
McGeorge School of Law Scholarly Articles
No abstract provided.
Florence V. Board Of Chosen Freeholders: Police Power Takes A More Intrusive Turn, Wayne A. Logan
Florence V. Board Of Chosen Freeholders: Police Power Takes A More Intrusive Turn, Wayne A. Logan
Scholarly Publications
This essay discusses the Supreme Court’s 2012 decision in Florence v. Board of Chosen Freeholders allowing strip searches of minor offense arrestees without any suspicion that they possess a weapon or contraband. After summarizing the Court’s holding, the essay explores how Florence builds upon prior caselaw affording police virtually unlimited discretionary authority to execute warrantless arrests, and the unlikelihood that institutional limits will be placed on the strip search authority of corrections officials.
Implications Of United States V. Jones On Dna Collection Form Arrestees: Trespass Prohibited By The Fourth Amendment, Angelique Romero
Implications Of United States V. Jones On Dna Collection Form Arrestees: Trespass Prohibited By The Fourth Amendment, Angelique Romero
St. Thomas Law Review
This comment discusses the constitutionality of warrantless DNA collection from arrestees, and proposes an analysis that the Supreme Court should use when deciding on this issue to find that this practice violates the Fourth Amendment. Part II of this comment discusses the general development of DNA collection laws, how the laws have expanded to include persons that have been arrested but not convicted of certain crimes, and the procedures used to collect the DNA samples. In addition, Part II includes a survey of the conflicting decisions by courts across the country and demonstrates the disagreement over the constitutionality of this …
Regression To The Mean: How Miranda Has Become A Tragicomical Farce, Alfredo Garcia
Regression To The Mean: How Miranda Has Become A Tragicomical Farce, Alfredo Garcia
St. Thomas Law Review
In my original article, I examined Miranda's historical and social background, discussed its precursors, traced the evolution of the case, and documented the dismantling of the Miranda doctrine. I also argued that the doctrine's "seductive appeal" lulled defense counsel into a false sense of security, thereby deflecting reliance on the "voluntariness" standard as a failsafe to Miranda. Further, I maintained that a waiver of Miranda in some instances served to sanitize an otherwise involuntary confession. Finally, I proposed to "do away" with Miranda, to return to the voluntariness standard with one caveat: that the government be precluded from relying on …
A Requiem For Protest: Anglo-American Perspectives On Protest Post-9/11, 46 J. Marshall L. Rev. 455 (2013), Christopher Newman
A Requiem For Protest: Anglo-American Perspectives On Protest Post-9/11, 46 J. Marshall L. Rev. 455 (2013), Christopher Newman
UIC Law Review
No abstract provided.
Saving The Deific Decree Exception To The Insanity Defense In Illinois: How A Broad Interpretation Of Religious Command May Cure Establishment Clause Concerns, 46 J. Marshall L. Rev. 561 (2013), Bella Feinstein
UIC Law Review
No abstract provided.
Clever Contraband: Why Illinois’ Lockstep With The U.S. Supreme Court Gives Police Authority To Search The Bowels Of Your Vehicle, 47 J. Marshall L. Rev. 425 (2013), Jason Cooper
UIC Law Review
No abstract provided.
The Rule Of Law, Constitutional Reform, And The Death Penalty In The Gambia, Andrew Novak
The Rule Of Law, Constitutional Reform, And The Death Penalty In The Gambia, Andrew Novak
Richmond Journal of Global Law & Business
No abstract provided.