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Articles 2431 - 2460 of 4033
Full-Text Articles in Criminal Law
Victim Harm, Retributivism And Capital Punishment: A Philosophy Critique Of Payne V. Tennessee , R. P. Peerenboom
Victim Harm, Retributivism And Capital Punishment: A Philosophy Critique Of Payne V. Tennessee , R. P. Peerenboom
Pepperdine Law Review
No abstract provided.
The Death Of An Unborn Child: Jurisprudential Inconsistencies In Wrongful Death, Criminal Homicide, And Abortion Cases, Murphy S. Klasing
The Death Of An Unborn Child: Jurisprudential Inconsistencies In Wrongful Death, Criminal Homicide, And Abortion Cases, Murphy S. Klasing
Pepperdine Law Review
No abstract provided.
Commentary: Pleau-Sharing, Jonah J. Horwitz
Commentary: Pleau-Sharing, Jonah J. Horwitz
The Docket
In light of recent debate about the proper roles of federal and state governments, Jonah J. Horwitz laments how little attention has been paid to federal encroachment on the prosecution of commonplace crimes, specifically as it pertains to the death penalty controversy in United States v. Pleau.
The Constitution Limits Of The "National Consensus" Doctrine In Eighth Amendment Jurisprudence, Kevin White
The Constitution Limits Of The "National Consensus" Doctrine In Eighth Amendment Jurisprudence, Kevin White
BYU Law Review
No abstract provided.
The Criminalization Of Maternal Substance Abuse: A Quick Fix To A Complex Problem, Carol Jean Sovinski
The Criminalization Of Maternal Substance Abuse: A Quick Fix To A Complex Problem, Carol Jean Sovinski
Pepperdine Law Review
No abstract provided.
Mandatory Chemical Castration For Perpetrators Of Sex Offenses Against Children: Following California's Lead, Peter J. Gimino Iii
Mandatory Chemical Castration For Perpetrators Of Sex Offenses Against Children: Following California's Lead, Peter J. Gimino Iii
Pepperdine Law Review
No abstract provided.
It Is Broken: Breaking The Inertia Of The Exclusionary Rule, L. Timothy Perrin, H. Mitchell Caldwell, Carol A. Chase
It Is Broken: Breaking The Inertia Of The Exclusionary Rule, L. Timothy Perrin, H. Mitchell Caldwell, Carol A. Chase
Pepperdine Law Review
No abstract provided.
The Exclusionary Rule: Fix It, But Fix It Right - A Critique Of If It's Broken, Fix It: Moving Beyond The Exclusionary Rule, Gregory D. Totten, Peter D. Kossoris, Ebbe B. Ebbesen
The Exclusionary Rule: Fix It, But Fix It Right - A Critique Of If It's Broken, Fix It: Moving Beyond The Exclusionary Rule, Gregory D. Totten, Peter D. Kossoris, Ebbe B. Ebbesen
Pepperdine Law Review
No abstract provided.
Administrative Replacements: How Much Can They Do?, Laurie L. Levenson
Administrative Replacements: How Much Can They Do?, Laurie L. Levenson
Pepperdine Law Review
No abstract provided.
How To Move Beyond The Exclusionary Rule: Structuring Judicial Response To Legislative Reform Efforts, Harold J. Krent
How To Move Beyond The Exclusionary Rule: Structuring Judicial Response To Legislative Reform Efforts, Harold J. Krent
Pepperdine Law Review
No abstract provided.
Moving Further Beyond, Thomas M. Reavley
An Invitation To Dialogue: Exploring The Pepperdine Proposal To Move Beyond The Exclusionary Rule, L. Timothy Perrin, H. Mitchell Caldwell, Carol A. Chase
An Invitation To Dialogue: Exploring The Pepperdine Proposal To Move Beyond The Exclusionary Rule, L. Timothy Perrin, H. Mitchell Caldwell, Carol A. Chase
Pepperdine Law Review
No abstract provided.
Substance And Method In The Year 2000, Akhil Reed Amar
Substance And Method In The Year 2000, Akhil Reed Amar
Pepperdine Law Review
No abstract provided.
Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky
Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky
Pepperdine Law Review
No abstract provided.
The Model Penal Code’S Wrong Turn: Renunciation As A Defense To Criminal Conspiracy, R. Michael Cassidy, Gregory I. Massing
The Model Penal Code’S Wrong Turn: Renunciation As A Defense To Criminal Conspiracy, R. Michael Cassidy, Gregory I. Massing
Florida Law Review
While the Model Penal Code was certainly one of the most influential developments in criminal law in the past century, the American Law Institute (ALI) took a seriously wrong turn by recognizing “renunciation” as a defense to the crime of conspiracy. Under the Model Penal Code formulation, a member of a conspiracy who later disavows the agreement and thwarts its objective (for example, by notifying authorities of the planned crime in order to prevent its completion) is afforded a complete defense to conspiracy liability. This defense has enormous implications for crimes involving national security and terrorism, which are typically planned …
The Open Road And The Traffic Stop: Narratives And Counter-Narratives Of The American Dream, Nancy Leong
The Open Road And The Traffic Stop: Narratives And Counter-Narratives Of The American Dream, Nancy Leong
Florida Law Review
American culture is steeped in the mythology of the open road. In our collective imagination, the road represents freedom, escape, friendship, romance, and above all, the possibility for a better life. But our shared dream of the open road comes to a halt in the mundane reality of the traffic stop—a judicially authorized policing procedure in which an officer may pull over a vehicle if she has cause to believe the driver has committed even the most minor traffic violation. I examine the cultural texts—books, movies, songs—celebrating the open road and juxtapose them against those documenting the traffic stop. The …
Policing Identity, Wayne A. Logan
Policing Identity, Wayne A. Logan
Scholarly Publications
Identity has long played a critical role in policing. Learning “who” an individual is not only affords police knowledge of possible criminal history, but also of “what” an individual might have done. To date, however, these matters have eluded sustained scholarly attention, a deficit that has assumed ever greater significance as government databases have become more comprehensive and powerful. Identity evidence, in short, has and continues to suffer from an identity crisis, which this Article seeks to remedy. The Article does so by first surveying the methods historically used by police to identify individuals, from nineteenth-century efforts to measure bodies …
Due Process And The Post-Padilla Landscape: Balancing The Severity Of Deportation As A Collateral Consequence With A Court's Traditionally Narrow Obligation In Accepting A Plea, Orrie A. Levy
Cardozo Public Law, Policy & Ethics Journal
The article examines the implications of the Supreme Court's decision in Padilla v. Kentucky, which established that defense attorneys must inform defendants of the immigration consequences of a guilty plea under the Sixth Amendment. It explores the tension between the Sixth Amendment right to effective assistance of counsel and the Fifth Amendment due process obligations of trial courts, highlighting that while Padilla mandates attorney advice on immigration consequences, courts are not required to inform defendants of such consequences. The article argues against extending due process obligations to include severe collateral consequences, emphasizing the impracticality of requiring courts to foresee …
Separate But Equal: Miranda's Rights To Silence And Counsel, Steven P. Grossman
Separate But Equal: Miranda's Rights To Silence And Counsel, Steven P. Grossman
All Faculty Scholarship
Three decades ago, the Supreme Court created a dubious distinction between the rights accorded to suspects in custody who invoke their right to silence and who invoke their right to counsel. This distinction significantly disadvantages those who do not have the good sense or good fortune to specify they want an attorney when they invoke their right to remain silent. This article argues that this distinction was flawed at its genesis and that it has led to judicial decisions that are inconsistent, make little sense, and permit police behavior that substantially diminishes the right to silence as described in Miranda …
Eighteenth Century Law, Twenty-First Century Problems: Jones, Gps Tracking, And The Future Of Privacy, Lauren Millcarek
Eighteenth Century Law, Twenty-First Century Problems: Jones, Gps Tracking, And The Future Of Privacy, Lauren Millcarek
Florida Law Review
In 2004, law enforcement officers began investigating Antoine Jones, a Washington, D.C. nightclub owner, for suspected drug trafficking. After gathering information through stakeouts, cameras, and a wiretap on Jones’ phone, the officers obtained a warrant to place a Global Positioning System (GPS) tracker on Jones’ wife’s car, which Jones possessed and used regularly. However, the officers failed to comply with the precise terms of the warrant, making the installation and use of the tracker warrantless. The officers tracked the car’s every movement, twenty-four hours per day, for an entire month. The data linked Jones to a stash house containing a …
Supreme Court Criminal Law Jurisprudence - October 2008 Term, Richard Klein
Supreme Court Criminal Law Jurisprudence - October 2008 Term, Richard Klein
Touro Law Review
The last Term of the Supreme Court addressed the constitutionally protected rights of criminal defendants not only at trial but at the post-conviction stage as well. The Court dealt with the defendant's rights to a speedy trial and effective assistance of counsel in Vermont v. Brillon; the claim was that these constitutional protections were substantially frustrated by underfunded public defender offices, thereby leaving the defendant improperly incarcerated for three years. The Court also considered a case wherein the State had utilized a jailhouse snitch to elicit inculpatory statements from a defendant in violation of his Sixth Amendment right to counsel. …
Testimonial Statements: The Death Of Dying Declarations? - People V. Clay, Sarah R. Gitomer
Testimonial Statements: The Death Of Dying Declarations? - People V. Clay, Sarah R. Gitomer
Touro Law Review
No abstract provided.
The Decline Of The Confrontation Clause In New York - People V. Encarnacion, Anthony Fasano
The Decline Of The Confrontation Clause In New York - People V. Encarnacion, Anthony Fasano
Touro Law Review
No abstract provided.
An Unappealing Decision For New York Dwi Defendants - People V. Pealer, Christopher Gavin
An Unappealing Decision For New York Dwi Defendants - People V. Pealer, Christopher Gavin
Touro Law Review
No abstract provided.
Eavesdropping Under New York And Federal Law: How New York Is Departing From Long-Standing Interpretations Mirroring Federal Law - People V. Rabb, Bailey Ince
Touro Law Review
No abstract provided.
Turn-Coat Disclosure: The Importance Of Following Procedure - Turturro V. City Of New York, Brittany A. Fiorenza
Turn-Coat Disclosure: The Importance Of Following Procedure - Turturro V. City Of New York, Brittany A. Fiorenza
Touro Law Review
No abstract provided.
I’Ll Take “Improper Declarations Of Mistrial” For $2,000.00: Applying The Protection Against Double Jeopardy - Robar V. Labuda, Daniel Fier
Touro Law Review
No abstract provided.
New York’S Grant Of Greater Fifth Amendment Rights To Sexual Predators In Somta Proceedings - New York V. Suggs, Lina R. Carbuccia
New York’S Grant Of Greater Fifth Amendment Rights To Sexual Predators In Somta Proceedings - New York V. Suggs, Lina R. Carbuccia
Touro Law Review
No abstract provided.
Trial Error Blunder: Compounded Use Of Defendant’S Post-Arrest Silence For Impeachment And Summation Purposes Is Not Harmless - People V. Tucker, Robert Mitchell
Trial Error Blunder: Compounded Use Of Defendant’S Post-Arrest Silence For Impeachment And Summation Purposes Is Not Harmless - People V. Tucker, Robert Mitchell
Touro Law Review
No abstract provided.
Vehicle Checkpoints: The Ever-Expanding Array Of Purposes For Which A Vehicle May Be Stopped - People V. Gavenda, Jan Lucas
Touro Law Review
No abstract provided.