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Articles 961 - 990 of 7048
Full-Text Articles in Criminal Law
My Brother, My Witness Against Me: The Constitutionality Of The Against Penal Interest Hearsay Exception In Confrontation Clause Analysis, Sarah D. Heisler
My Brother, My Witness Against Me: The Constitutionality Of The Against Penal Interest Hearsay Exception In Confrontation Clause Analysis, Sarah D. Heisler
Journal of Criminal Law and Criminology
No abstract provided.
The Automobile Exception Swallows The Rule: Florida V. White, Kendra Hillman Chilcoat
The Automobile Exception Swallows The Rule: Florida V. White, Kendra Hillman Chilcoat
Journal of Criminal Law and Criminology
No abstract provided.
No Instructions Required: Due Process And Post-Deprivation Remedies For Property Seized In Criminal Investigations, Nyika Prendergast
No Instructions Required: Due Process And Post-Deprivation Remedies For Property Seized In Criminal Investigations, Nyika Prendergast
Journal of Criminal Law and Criminology
No abstract provided.
An Actuarial Risk Assessment Of Violence Posed By Capital Murder Defendants, Jonathan R. Sorensen, Rocky L. Pilgrim
An Actuarial Risk Assessment Of Violence Posed By Capital Murder Defendants, Jonathan R. Sorensen, Rocky L. Pilgrim
Journal of Criminal Law and Criminology
No abstract provided.
Constitutional Road Maps, Erik Luna
Constitutional Road Maps, Erik Luna
Journal of Criminal Law and Criminology
No abstract provided.
Supporting The Snakeheads: Human Smuggling From China And The 1996 Amendment To The U.S. Statutory Definition Of Refugee, Cleo J. Kung
Supporting The Snakeheads: Human Smuggling From China And The 1996 Amendment To The U.S. Statutory Definition Of Refugee, Cleo J. Kung
Journal of Criminal Law and Criminology
No abstract provided.
Autumn Of The Patriarch: The Pinochet Extradition Debacle And Beyond--Human Rights Clauses Compared To Traditional Derivative Protections Such As Double Criminality, Christopher L. Blakesley
Autumn Of The Patriarch: The Pinochet Extradition Debacle And Beyond--Human Rights Clauses Compared To Traditional Derivative Protections Such As Double Criminality, Christopher L. Blakesley
Journal of Criminal Law and Criminology
No abstract provided.
Gang Loitering And Race, Lawrence Rosenthal
Gang Loitering And Race, Lawrence Rosenthal
Journal of Criminal Law and Criminology
No abstract provided.
On Equality, Bias Crimes, And Just Deserts, Kenneth W. Simons
On Equality, Bias Crimes, And Just Deserts, Kenneth W. Simons
Journal of Criminal Law and Criminology
No abstract provided.
Train Wrecks And Freeway Crashes: An Argument For Fairness And Against Self Representation In The Criminal Justice System, Martin Sabelli, Stacey Leyton
Train Wrecks And Freeway Crashes: An Argument For Fairness And Against Self Representation In The Criminal Justice System, Martin Sabelli, Stacey Leyton
Journal of Criminal Law and Criminology
No abstract provided.
Sex & Surveillance: Gender, Privacy & The Sexualization Of Power In Prison, Teresa A. Miller
Sex & Surveillance: Gender, Privacy & The Sexualization Of Power In Prison, Teresa A. Miller
Journal Articles
In prison, surveillance is power and power is sexualized. Sex and surveillance, therefore, are profoundly linked. Whereas numerous penal scholars from Bentham to Foucault have theorized the force inherent in the visual monitoring of prisoners, the sexualization of power and the relationship between sex and surveillance is more academically obscure. This article criticizes the failure of federal courts to consider the strong and complex relationship between sex and surveillance in analyzing the constitutionality of prison searches, specifically, cross-gender searches.
The analysis proceeds in four parts. Part One introduces the issues posed by sex and surveillance. Part Two describes the sexually …
A Broken System: Error Rates In Capital Cases, 1973-1995, James S. Liebman, Jeffrey Fagan, Valerie West
A Broken System: Error Rates In Capital Cases, 1973-1995, James S. Liebman, Jeffrey Fagan, Valerie West
Faculty Scholarship
There is a growing bipartisan consensus that flaws in America's death-penalty system have reached crisis proportions. Many fear that capital trials put people on death row who don't belong there. Others say capital appeals take too long. This report – the first statistical study ever undertaken of modern American capital appeals (4,578 of them in state capital cases between 1973 and 1995) – suggests that both claims are correct.
Capital sentences do spend a long time under judicial review. As this study documents, however, judicial review takes so long precisely because American capital sentences are so persistently and systematically fraught …
Death Is The Whole Ball Game, Jeffrey A. Fagan, James S. Liebman, Valerie West
Death Is The Whole Ball Game, Jeffrey A. Fagan, James S. Liebman, Valerie West
Faculty Scholarship
In Capital Appeals Revisited and The Meaning of Capital Appeals, Barry Latzer and James N.G. Cauthen argue that a study of capital appeals should focus only on overturned findings of guilt, and complain that in A Broken System we examine all overturned capital verdicts. But the question they want studied cannot provide an accurate evaluation of a system of capital punishment. By proposing to count only "conviction" error and not "sentence" error, Latzer and Cauthen ignore that if a death sentence is overturned, the case is no longer capital and the system of capital punishment has failed to achieve its …
Death Matters – A Reply To Latzer And Cauthen, James S. Liebman, Jeffrey A. Fagan, Valerie West
Death Matters – A Reply To Latzer And Cauthen, James S. Liebman, Jeffrey A. Fagan, Valerie West
Faculty Scholarship
The legal treatment of capital punishment in the United States "rests squarely on the predicate that the penalty of death is qualitatively different from a sentence of imprisonment, however long. Death, in its finality, differs more from life imprisonment than a 100-year prison term differs from one of only a year or two. This predicate is among "the evolving standards of decency that mark the progress of a maturing society" and determine whether a punishment is "cruel and unusual" in violation of the Constitution. Because "'[f]rom the point of view of the defendant, [death] is different in both its severity …
Managed Health Care In Prisons As Cruel And Unusual Punishment, Ira Robbins
Managed Health Care In Prisons As Cruel And Unusual Punishment, Ira Robbins
Scholarly Articles in Law Reviews & Journals
INTRODUCTION: Billy Roberts, a prisoner in an Alabama state prison, had a history of severe psychiatric disorders. He was often put on suicide watch, and received large doses of psychotropic drugs. A managed health care company, Correctional Medical Services (CMS), was responsible for the health care at the prison. After Roberts had a suicidal episode, CMS's statewide mental health care director reportedly put Roberts in an isolation cell rather than a psychiatric care unit. The mental health care director also ordered that Roberts' medication be discontinued pursuant to an alleged policy of CMS to get as many prisoners off psycho- …
Four Models Of The Criminal Process, Kent Roach
Four Models Of The Criminal Process, Kent Roach
Journal of Criminal Law and Criminology
No abstract provided.
Denying Fifth Amendment Protections To Witnesses Facing Foreign Prosecutions: Self-Incrimination Discrimination, Steven J. Winger
Denying Fifth Amendment Protections To Witnesses Facing Foreign Prosecutions: Self-Incrimination Discrimination, Steven J. Winger
Journal of Criminal Law and Criminology
No abstract provided.
A Law Enforcement Program For The State Of Illinois, Earl H. De Long, Fred E. Inbau
A Law Enforcement Program For The State Of Illinois, Earl H. De Long, Fred E. Inbau
Journal of Criminal Law and Criminology
No abstract provided.
Public Safety V. Individual Civil Liberties: The Prosecutor's Stand, Fred E. Inbau
Public Safety V. Individual Civil Liberties: The Prosecutor's Stand, Fred E. Inbau
Journal of Criminal Law and Criminology
No abstract provided.
Playing God: 5 To 4 (The Supreme Court And The Police), Fred E. Inbau
Playing God: 5 To 4 (The Supreme Court And The Police), Fred E. Inbau
Journal of Criminal Law and Criminology
No abstract provided.
Liberty Interested In The Preventive State: Procedural Due Process And Sex Offender Community Notification Laws, Wayne A. Logan
Liberty Interested In The Preventive State: Procedural Due Process And Sex Offender Community Notification Laws, Wayne A. Logan
Journal of Criminal Law and Criminology
No abstract provided.
Police Interrogation--A Practical Necessity, Fred E. Inbau
Police Interrogation--A Practical Necessity, Fred E. Inbau
Journal of Criminal Law and Criminology
No abstract provided.
Reforming American Penal Law, Markus Dirk Dubber
Reforming American Penal Law, Markus Dirk Dubber
Journal of Criminal Law and Criminology
No abstract provided.
Clarifying Entrapment, Ronald J. Allen, Melissa Luttrell, Anne Kreeger
Clarifying Entrapment, Ronald J. Allen, Melissa Luttrell, Anne Kreeger
Journal of Criminal Law and Criminology
No abstract provided.