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Articles 61 - 90 of 204
Full-Text Articles in Criminal Law
Gps Monitoring: A Viable Alternative To The Incarceration Of Nonviolent Criminals In The State Of Ohio, Matthew K. Kucharson
Gps Monitoring: A Viable Alternative To The Incarceration Of Nonviolent Criminals In The State Of Ohio, Matthew K. Kucharson
Cleveland State Law Review
This article will discuss the emergence of GPS technology in the field of criminal law and propose that Ohio embrace GPS monitoring as an alternative to the incarceration of nonviolent offenders. Part II will begin by briefly outlining the history of GPS technology. Part II will then discuss the use of GPS monitoring in the field of law enforcement. Specifically, this Part will illustrate the different components necessary for the implementation of an effective GPS monitoring program and explain the use of inclusion and exclusion zones. Part III will examine the status of Ohio's state prison system and will focus …
Prayer Or Prison: The Unconstitutionality Of Mandatory Faith-Based Substance Abuse Treatment, Christopher M. Meissner
Prayer Or Prison: The Unconstitutionality Of Mandatory Faith-Based Substance Abuse Treatment, Christopher M. Meissner
Cleveland State Law Review
Whether faith-based substance abuse treatments are effective is certainly a valid question in its rightful place, but it is not the inquiry pursued here. Rather, this Note argues that a drug court's act of assigning unwilling offenders to twelve-step or otherwise religiously-based residential treatment centers violates the Establishment Clause guarantee. Specifically, such centers regulate the offenders' beliefs and compel them to affirm whatever tenets are professed at the individual treatment center. Moreover, a court's subsequent act of threatening or actually imposing criminal sanctions upon offenders for refusing to complete such treatment programs constitutes punishment for refusing to be religiously indoctrinated …
Removing The Roadblocks To Successful Domestic Violence Prosecutions: Prosecutorial Use Of Expert Testimony On The Battered Woman Syndrome In Ohio, Matthew P. Hawes
Removing The Roadblocks To Successful Domestic Violence Prosecutions: Prosecutorial Use Of Expert Testimony On The Battered Woman Syndrome In Ohio, Matthew P. Hawes
Cleveland State Law Review
This note contends that Ohio should join the modern trend and allow expert testimony on the battered woman syndrome in a limited form in domestic violence prosecutions. Part II of this note explores the syndrome and its origins. Part III provides background on the evidentiary uses of the syndrome in Ohio. It discusses the emergence of the battered woman syndrome in Ohio courts, and then examines the unsuccessful initial attempts by prosecutors in Ohio to use expert testimony on the syndrome.Part IV looks at how several jurisdictions outside of Ohio have addressed this issue. Part V presents the argument that …
Initial Consent Rape: Inherent And Statutory Problems, Brett M. Kyker
Initial Consent Rape: Inherent And Statutory Problems, Brett M. Kyker
Cleveland State Law Review
First, this Note will examine the impetus behind the introduction of Senate Bill 406. Second, this Note will examine the legal effect of Senate Bill 406 on Illinois' sexual assault laws. Third, this Note will address problems with the statutory recognition of the crime of “initial consent” rape. Fourth, this Note will address problems with the crime of “initial consent” rape within the context of the Illinois statutory code. Fifth, this Note will examine the effects of rape on the victim. Sixth, this Note will discuss potential solutions to the problems of Illinois' amended rape law.
Male Sexual Assault: Issues Of Arousal And Consent, Siegmund Fred Fuchs
Male Sexual Assault: Issues Of Arousal And Consent, Siegmund Fred Fuchs
Cleveland State Law Review
This Note argues that an erection under these circumstances does not indicate consent to engage in sexual activity. Part II of this Note explores the reality of male sexual assault and offers various medical, psychological, sociological, and cultural reasons to explain why a male victim may maintain an erection while being sexually assaulted and/or raped. Part II also explores the complex relationship between physical arousal and sexual desire. Part III provides a legal background to both the law's treatment of male sexual assault generally and in specific instances where the male victim maintained an erection during his assault. This part …
The Failure Of Ohio's Drug Treatment Initiative, Tamara Karel
The Failure Of Ohio's Drug Treatment Initiative, Tamara Karel
Cleveland State Law Review
In the summer of 2002, proponents of Issue 1 "The Ohio Drug Treatment Initiative," (hereafter referred to as the Initiative) succeeded in getting the proposal on the November ballot. The Initiative proposed an amendment to the Ohio Constitution that would have required courts to approve requests for treatment when made by eligible nonviolent drug offenders. The Amendment sought to (1) allocate a fixed amount of the state's General Revenue Fund to pay for the opening and operating of new treatment centers, (2) limit prison sentences for users and possessors to ninety days, and (3) provide for the sealing and expungement …
Just When You Thought It Was Safe To Go Back On The Rez: Is It Safe , Jared B. Cawley
Just When You Thought It Was Safe To Go Back On The Rez: Is It Safe , Jared B. Cawley
Cleveland State Law Review
This article will trace the history of tribal criminal jurisdiction following the arrival of the colonists, through the foundation of the United States government, and will lead into where it stands today. On this journey, this article will discuss significant statutes and case law dealing with the role tribal courts have played in handling criminal jurisdiction in Indian country and will also discuss some important studies conducted by the Department of Justice Bureau of Justice Statistics and others on the current state of violent crime in Indian country, as well as the tribes' ability to handle it. Finally, this article …
Nothing Less Than The Dignity Of Man: Evolving Standards, Botched Executions And Utah's Controversial Use Of The Firing Squad , Christopher Q. Cutler
Nothing Less Than The Dignity Of Man: Evolving Standards, Botched Executions And Utah's Controversial Use Of The Firing Squad , Christopher Q. Cutler
Cleveland State Law Review
While outrage boils to the surface when Utah uses its firing squad option, there is little substantive legal development concerning the firing squad's use. Few cases have challenged the firing squad's constitutionality. This article discusses the legal and political implications of the firing squad. Using the Supreme Court's everdeveloping Eighth Amendment jurisprudence as a guide, this article discusses whether the firing squad, both historically and in its present application, passes constitutional muster. Beyond those factors that trigger constitutional protection, this article discusses those elements of the firing squad's use which define society's humanity and demonstrate our dignity. In the end, …
To Exhaust Or Not To Exhaust: The Prisoner Litigation Reform Act Requires Prisoners To Exhaust All Administrative Remedies Before Filing Excessive Force Claims In Federal Court, Danielle M. Mcgill
To Exhaust Or Not To Exhaust: The Prisoner Litigation Reform Act Requires Prisoners To Exhaust All Administrative Remedies Before Filing Excessive Force Claims In Federal Court, Danielle M. Mcgill
Cleveland State Law Review
This Note addresses this issue and recommends that excessive force claims be subject to the PLRA's exhaustion requirement, thereby requiring an inmate to exhaust administrative remedies before filing an excessive force suit in federal court. Requiring exhaustion for excessive force claims will help solve the problems associated with the overabundance of frivolous prisoner litigation and the federal judiciary's unnecessary interference into the nation's prison administrations. Moreover, the excessive force issue is in the forefront because the Supreme Court granted certiorari in Porter v. Nussle, a case dealing exclusively with this issue. The lower court, in Nussle v. Willette, allowed an …
The Right To Kill In Cold Blood: Does The Death Penalty Violate Human Rights, Alan Ryan
The Right To Kill In Cold Blood: Does The Death Penalty Violate Human Rights, Alan Ryan
Cleveland State Law Review
The essence of the argument is this: all punishment must be inflicted in cold blood; whatever damage we do to others not in cold blood is not punishment but self-defense or revenge; what we have a right to inflict in cold blood is a question of the rules of just social cooperation and especially the justice of the sanctions required to sustain those rules; it is here argued that the fundamental principle is that we may inflict whatever punishment is necessary to deter wrongdoing and not disproportionate to the offence; I do not dismiss 'pure' retribution as a goal of …
Personal Reflections On The Reliability Of Jury Verdicts, Sam Reese Sheppard
Personal Reflections On The Reliability Of Jury Verdicts, Sam Reese Sheppard
Cleveland State Law Review
The symposium presentation given by Dr. Sheppard’s son discussed the impact of the trial on his entire family, as well as the idea of a failed trial. He went through the different juries encountered by his father. He also listed his hopes for the symposium: “What would I hope to come out of a conference like this? First, selfishly, I would hope that it would help us with our new legal endeavor. Second, I hope that we can contribute to serious legal work that deals on realistic and dignified grounds on the problem, both federally and statewide, of wrongful incarceration. …
Influence Of Media And Technology: Changing Roles And Responsibilities, Terry Gilbert
Influence Of Media And Technology: Changing Roles And Responsibilities, Terry Gilbert
Cleveland State Law Review
High profile cases are therefore media driven. What happens in the courtroom is a reflection of the attitudes of the larger society. Such was the case then and it is the case now. From the cases of Lizzy Borden, the Lindburgh kidnapping, O.J. Simpson, and Sheppard, anyone who thinks justice is completely blind to the influences of popular opinion is blind themselves. All too often justice is a function of political culture. The courtroom is nothing but a vehicle to carry out the popular will, often with lynch mob mentality. Despite the attempts to control this phenomenon, and certainly the …
And Justice For Doc Sam, Joel Jay Finer
And Justice For Doc Sam, Joel Jay Finer
Cleveland State Law Review
Poem about Dr. Sam Sheppard, the surrounding events, and justice.
Questioning The Rights Of Juvenile Prisoners During Interrogation , Adam Mizock
Questioning The Rights Of Juvenile Prisoners During Interrogation , Adam Mizock
Cleveland State Law Review
Part I of this Note will review a recent Colorado case involving the interrogation of a juvenile prisoner and the application of the additional-restraint factors within a totality-of-the-circumstances analysis. Part II will analyze how the decision in the Colorado case and the additional-restraint factors comport with the meaning of "custody" as set forth in U.S. courts' jurisprudence on custodial interrogations. Part III will propose that juvenile prisoners should be presumed in custody for Miranda purposes absent exceptional circumstances. It then will present the justification for this presumption, including a discussion of the solicitude normally provided to juveniles in the criminal …
Struck By The Falling Bullet: The Continuing Need For Definitive Standards In Media Coveage Of Criminal Proceedings, John A. Walton
Struck By The Falling Bullet: The Continuing Need For Definitive Standards In Media Coveage Of Criminal Proceedings, John A. Walton
Cleveland State Law Review
When I look at the impact of the media coverage on the Sheppard trial with hindsight, I view that type of media circus as similar to firing a gun into the air. Similarly, in most cases, media coverage of a crime generates some attention but does not impede the administration of justice. Media coverage of criminal court proceedings has no definite standards and parameters. It is difficult to predict when that coverage will expand into a media circus and even more difficult to know, prospectively, what impact the circus will have on the defendant's trial. When I was visiting the …
Scientific Evidence And The Ethical Obligations Of Attorneys, Michael J. Saks
Scientific Evidence And The Ethical Obligations Of Attorneys, Michael J. Saks
Cleveland State Law Review
This article considers the question: "What are the legal and ethical responsibilities of attorneys when offering scientific expert evidence to courts?" To a lesser extent it considers the responsibilities of attorneys to challenge such evidence when proffered and the ethical dimensions of the working relationship of lawyers and experts. Although the most prominent discussions of such issues have concerned so-called junk science in civil trials, the legal context upon which this article will focus is the criminal trial, where dubious science is more common, less questioned, and has even become institutionalized. The rules and practices of civil cases are provided …
The Problem With Innocence, Margaret Raymond
The Problem With Innocence, Margaret Raymond
Cleveland State Law Review
Pursuing justice for the wrongfully convicted is a profoundly meaningful goal. Yet the innocence movement may have unintended consequences for the criminal justice system. This paper explores some of these, and argues that the focus on factual innocence may create certain distortions in the way that actors in the criminal justice system---the "ones left behind"--perceive their obligations and allegiances. It may convince the public, including policymakers, that the system works effectively to reveal and redress wrongful convictions. It may convince prospective jurors that it is-or should be-the defendant's burden to prove innocence. It may convince potential criminal defense clients that …
It's Time To Put The Military's Death Penalty To Sleep , Michael I. Spak
It's Time To Put The Military's Death Penalty To Sleep , Michael I. Spak
Cleveland State Law Review
Part I will focus on the death penalty in the civilian sector of the United States. It begins with a brief history of and an introduction to death penalty laws in the United States. A critical examination of the primary arguments used to justify the death penalty follows. Part I next offers a brief overview of other independent reasons for the abolition of the death penalty. After having concluded that the application of the death penalty is unfair in the civilian sector and should thus be abolished, the article will then shift its focus to the death penalty in the …
Introduction Symposium: Toward More Reliable Jury Verdicts - Law, Technology, And Media Development Since The Trials Of Dr. Sam Sheppard , Patricia J. Falk
Introduction Symposium: Toward More Reliable Jury Verdicts - Law, Technology, And Media Development Since The Trials Of Dr. Sam Sheppard , Patricia J. Falk
Cleveland State Law Review
The three Sheppard cases, spread over almost half a century, serve as a point of departure to explore how the multiple forces of law, science, and the media have interacted in criminal trials and in later challenges to the reliability of those trials. The Sheppard cases have resulted in five enduring legacies. Perhaps the most obvious legacy of the Sheppard cases is the new law the case made when it was heard by the United States Supreme Court on a federal habeas corpus appeal. In Sheppard v. Maxwell, the Court created a new legal standard regarding the effects of pretrial …
Witness To History: The Role Of Legal Commentators In High Profile Trials - Opening Remarks, Laurie L. Levenson
Witness To History: The Role Of Legal Commentators In High Profile Trials - Opening Remarks, Laurie L. Levenson
Cleveland State Law Review
As legal commentators, our role is, first and foremost, to educate the public and the media. The next thing that a commentator can do is, of course, provide some type of expertise. An experienced lawyer or legal commentator should know enough to say, if given the opportunity, that a certain fact will not necessarily make a difference in the case because the jurors will not hear it or because it is unrelated to the legal issues in the case. Another thing legal commentators can do is address problems in the presentation of what the law and the legal process is. …
Open Courts: How Cameras In Courts Help Keep The System Honest, Clara Tuma
Open Courts: How Cameras In Courts Help Keep The System Honest, Clara Tuma
Cleveland State Law Review
Why is it important to televise coverage in trials? The basic answer is that our judicial system needs to be as open as possible. There is a reason we do not hold trials in private and a reason we open the courtroom doors and invite in the world. The reason is that justice shines brightest in the sunshine. In today's busy world only a few people can actually attend court proceedings. With so many people relying on television as their primary resource of information, televised coverage of trials exposes greater numbers o f citizens to our justice system. A camera …
Convicting The Innocent Beyond A Reasonable Doubt: Some Lessons About Jury Instructions From The Sheppard Case, Lawrence M. Solan
Convicting The Innocent Beyond A Reasonable Doubt: Some Lessons About Jury Instructions From The Sheppard Case, Lawrence M. Solan
Cleveland State Law Review
Indeed, it is difficult to prove one's innocence, and the legal system purports not to require defendants in criminal cases to do so. The shift in the burden of proof happened for a number of reasons. In this article, I will discuss another factor that I believe pervades the criminal justice system: jury instructions that shift the burden from the government to the defendant. Part II of this article establishes three criteria for good criminal jury instructions. They are fidelity to the law, comprehensibility, and consistency with the presumption of innocence. It then discusses the presumption of innocence, burden of …
A Distant Mirror: The Sheppard Case From The Next Millennium, James Robertson
A Distant Mirror: The Sheppard Case From The Next Millennium, James Robertson
Cleveland State Law Review
My own vantage point is that of a trial judge, and for me, revisiting the Sheppard case is a chance to ruminate on the relationship between judges and the media and how judges deal with high profile cases. I will consider that subject, and then meander a little farther along and share a few thoughts about what I call hermetically sealed justice - our modem insistence that judges say nothing and juries know nothing. Finally, I will have a few words to say about DNA evidence and the "reliable verdict" ideal that appears to be one of the propositions to …
Scientific Evidence In The Sam Sheppard Case , Paul C. Giannelli
Scientific Evidence In The Sam Sheppard Case , Paul C. Giannelli
Cleveland State Law Review
My panel is discussing reliable jury verdicts, and my topic is "scientific" evidence. One way to approach this issue is to compare scientific evidence with other methods of proof. The trial lawyers that I worked with viewed cases as falling primarily into one of three categories: eyewitness cases, confession cases, and "scientific" evidence cases. In this scheme, anything that was not an eyewitness, confession, or snitch case was a "scientific evidence" case. These categories, of course, are neither exhaustive nor mutually exclusive; often two and sometimes all three are involved. Nevertheless, these categories are helpful because they present trial attorneys …
Sexual Misconduct And The Government: Time To Take A Stand , Andrea B. Daloia
Sexual Misconduct And The Government: Time To Take A Stand , Andrea B. Daloia
Cleveland State Law Review
This Note analyzes law enforcement's use of one particularly troublesome tactic-the use of sexual acts or romantic promises to encourage a defendant to participate in illegal activities or to obtain information that can be used against the defendant at trial. The first part of this Note gives a brief history of the outrageous government conduct defense, including its distinction from entrapment, its origin and its lack of success in the courts. Although the entrapment defense and the outrageous conduct defense have some similarities, they are in fact quite different. The second section of this Note discusses the perception of sex …
The Grand Jury And Exculpatory Evidence: Should The Prosecutor Be Required To Disclose Exculpatory Evidence To The Grand Jury, Ali Lombardo
The Grand Jury And Exculpatory Evidence: Should The Prosecutor Be Required To Disclose Exculpatory Evidence To The Grand Jury, Ali Lombardo
Cleveland State Law Review
In 1992, the United States Supreme Court ruled in United States v. Williams that the federal courts do not have the supervisory power to require prosecutors to present exculpatory evidence to the grand jury. This Note argues that the Williams decision is flawed because it diminishes crucial rights of defendants and because it prevents the grand jury from fulfilling its protective function. In Section II, this Note examines the historical background and purpose of the grand jury in England and America. Section III discusses the Williams decision and the rationale behind both the majority and dissenting opinions. It also discusses …
Straight Release: Justice Delayed, Justice Denied , Timothy J. Mcginty
Straight Release: Justice Delayed, Justice Denied , Timothy J. Mcginty
Cleveland State Law Review
This Thesis discusses the ‘straight release’ program implemented by the Cleveland Police Department in the late 1990’s. It starts by describing the 24-hour charge or release rule, and how criminals were arrested, released, and arraignment notices were later sent to them by mail. Criminals used aliases to hinder the indictment procedure. Part V discusses national trends in arrest to disposition rates. Parts VI – X discusses Cleveland practices in the criminal justice system. Part XI discusses the effects of failure to identify arrested suspects before releasing them. Part XII describes the chaos of the municipal court. Part XIII discusses the …
Here Today, Gone Tomorrow - Three Common Mistakes Courts Make When Police Lose Or Destroy Evidence With Apparent Exculpatory, Elizabeth A. Bawden
Here Today, Gone Tomorrow - Three Common Mistakes Courts Make When Police Lose Or Destroy Evidence With Apparent Exculpatory, Elizabeth A. Bawden
Cleveland State Law Review
Part I of this Article examines the first question, what does it mean for evidence to have "apparent exculpatory value?" Part II of this Article answers the second question, when does Youngblood's bad faith requirement apply in failure to preserve evidence cases? Part III then seeks to determine the substance of Youngblood's bad faith requirement and identify the best approach to defining it. Ultimately, this Article argues that there are three common mistakes that courts make when applying Trombetta and Youngblood.
International Jurisdiction And Prosecutorial Crimes, The Seventieth Cleveland-Marshall Fund Lecture , Richard J. Goldstone
International Jurisdiction And Prosecutorial Crimes, The Seventieth Cleveland-Marshall Fund Lecture , Richard J. Goldstone
Cleveland State Law Review
The topic of this address is international jurisdiction and prosecutorial crimes. Two distinct but pervasive issue-areas arise when discussing international jurisdiction and prosecutorial crimes. The first relates to the ability of domestic or national courts, whether in the United States or any other country, to try people for international crimes committed either within or outside their borders. The second concerns the establishment of supra-national or international courts with inherent international criminal jurisdiction. I believe that these two facets of the enforcement of international criminal law are neither inconsistent, nor contradictory. I am convinced that in principle and in practice, national …
Biased Justice: Humanrightsism And The International Criminal Tribunal For The Former Yugoslavia , Robert M. Hayden
Biased Justice: Humanrightsism And The International Criminal Tribunal For The Former Yugoslavia , Robert M. Hayden
Cleveland State Law Review
This article thus takes a close look at one of the most important of the elements of the new international legal order which human rights activists promote, the International Criminal Tribunal for the Former Yugoslavia (ICTY). It finds that the ICTY delivers a "justice" that is biased, with prosecutorial decisions based on the national characteristics of the accused, rather than on what available evidence indicates that he has done. Evidence of this bias is found in the failure to prosecute NATO personnel for acts that are comparable to those of Yugoslavs already indicted, and of failure to prosecute NATO personnel …