Criminal Law Commons^™

United States V. Jones: Does Katz Still Have Nine Lives, Kevin Emas

St. Thomas Law Review

This article explores the Court's recent retreat from the two-part Katz test, and an unexpected shift in the considerations the Court declared it will primarily rely upon when evaluating whether a Fourth Amendment search has occurred. Part I recounts the Court's early evolutionary Fourth Amendment cases, leading to the establishment in Katz of the "reasonable expectation of privacy" test by which a Fourth Amendment violation has since been measured. Part II explores significant cases involving electronic surveillance--GPS in particular, but also electronic eavesdropping through wiretapping and other then-evolving technologies. Part III analyzes the Court's decision in United States v. Jones, …

Surveillance Technology And The Loss Of Something A Lot Like Privacy: An Examination Of The Mosaic Theory And The Limits Of The Fourth Amendment, Courtney E. Walsh

St. Thomas Law Review

No abstract provided.

The Penal Order: Prosecutorial Sentencing As A Model For Criminal Justice Reform?, Stephen C. Thaman

All Faculty Scholarship

This chapter traces the history of the penal order from its earliest roots through its consolidation as a normal alternative form of procedure in Germany. It compares the types of penal order procedures found in modern criminal procedure codes, and it compares penal orders with other “consensual” procedural modes that also involve considerable prosecutorial influence in determination of the level of guilt and punishment: diversion, pleas and stipulations of guilt, and abbreviated trials based on the contents of the preliminary investigation dossier. Finally, it explores whether the penal order, could eventually become a model for the consensual resolution of all …

In Defense Of Punishment Theory, And Contra Stephen: A Reply To Degirolami, Chad W. Flanders

All Faculty Scholarship

Marc DeGirolami’s searching recent essay in this Journal is — appropriately enough — hard to categorize, or even to summarize. It aims to criticize the rise of “theory” in the academic study of criminal punishment, but it does not stop at merely being critical. Rather, it attempts to revive the thought of James Fitzjames Stephen,and also to urge a better way of looking at the study of punishment: one that is more historically oriented as well as more pluralist. Stephen’s thought, DeGirolami complains, has been misunderstood and flattened, andit is our loss. We have lost not only the views of …

Unintended Consequences: The Impact Of The Court's Recent Cases On Structural Ineffective Assistance Of Counsel Claims, Lauren Sudeall Lucas

Faculty Publications By Year

The Supreme Court’s recent Sixth Amendment cases have garnered much attention for their potential impact on ineffective assistance of counsel claims asserted in the context of a criminal case. This short article explores the unintended consequences of these decisions on structural ineffective assistance of counsel claims made in the civil context alleging that systemic deficiencies are likely to lead to right to counsel violations. The article concludes that the Court’s departure from a trial-centered conception of the right to counsel, its willingness to articulate specific pre-trial duties of counsel and its more pragmatic approach towards enforcing the Sixth Amendment will …

Plowing In Hope: A Three-Part Framework For Incorporating Restorative Justice Into Sentencing And Correctional Systems, Lynn S. Branham

All Faculty Scholarship

This essay proposes the adoption of a three-part framework to effectuate fundamental changes in conventional sentencing and correctional constructs, making restorative justice a mainstay of sentencing and correctional systems. First, federal, state, and local governments would authorize the imposition of what would be – in name, purpose, and content – “restorative sentences.” The growing, processing, and distribution of locally grown foods in low-income neighborhoods particularly afflicted by crime is an example of what could become a prevalent restorative sentence. The essay outlines a number of steps to be undertaken by jurisdictions in order to realize the goals of restorative sentencing. …

Is The Exclusionary Rule Dead?, Craig M. Bradley

Articles by Maurer Faculty

In three recent decisions, Hudson v. Michigan, Herring v. United States, and last Term's Davis v. United States, the Supreme Court has indicated a desire to severely restrict the Fourth Amendment exclusionary rule. A majority of the Justices wants to limit its application to cases where the police have violated the Fourth Amendment purposely, knowingly, or recklessly, but not where they have engaged in "simple, isolated negligence" or where negligence is "attenuated" from the discovery of the evidence. They have further suggested that evidence should not be excluded where the police have behaved as reasonable policemen, using the approach from …

Bail: Reforming Policies To Address Overcrowded Jails, The Impact Of Race On Detention, And Community Revival In Harris County, Texas, Marcia Johnson, Luckett Anthony Johnson

Northwestern Journal of Law & Social Policy

Starting in the 1970s, the U.S. federal government and many state and local governments adopted “get tough” policies against crime. These new strict policy initiatives produced an explosion of incarceration in prisons throughout the country. They also impacted local jails as well, particularly in the numbers of persons detained pre-trial. This Article explores this phenomenon and its implications for local governments, as well as its unforeseen consequences on communities, particularly communities of color. The Article uses Harris County, Texas to exemplify the systematic problems resulting from the over-jailing of its citizens, particularly persons who are detained pre-trial. We attempt to …

Whistleblowers And Rogues: An Urgent Call For An Affirmative Defense To Corporate Criminal Liability, Marcia Narine

Catholic University Law Review

No abstract provided.

Take The Money And Split: The Current Circuit Split And Why Actual Force And Violence Or Intimidation Should Not Be Required Under Section 2113(A) Of The Bank Robbery Act, Kaitlin Flynn

Catholic University Law Review

No abstract provided.

The Criminalization Of The Theft Of Trade Secrets: An Analysis Of The Economic Espionage Act, Nicola Searle

IP Theory

No abstract provided.

Universal Jurisdiction And The Crime Of Aggression, Michael P. Scharf

Faculty Publications

In June 2010 in Kampala, Uganda, the states that are party to the Statute of the International Criminal Court agreed to amend the ICC Statute to add the crime of aggression to the Court's jurisdiction. One of the key compromises that made this possible was the adoption of a U.S.-proposed “understanding” which provided that the aggression amendment should not be interpreted as creating a right for national courts to prosecute the crime of aggression under universal jurisdiction. If, however, national courts already possess the right to do so under customary international law, stemming from the Nuremberg precedent, then the understanding …

Reflections On Juvenile Justice Reform In New York, Jeremy Travis

NYLS Law Review

No abstract provided.

Prosecution In 3-D, Kay L. Levine, Ronald F. Wright

Faculty Articles

Despite the multidimensional nature of the prosecutor’s work, legal scholars tend to offer a comparatively flat portrait of the profession, providing insight into two dimensions that shape the prosecutor’s performance. Accounts in the first dimension look outward toward external institutions that bear on prosecutors’ case-handling decisions, such as judicial review or the legislative codes that define crimes and punishments. Sketches in the second dimension encourage us to look inward, toward the prosecutor’s individual conscience.

In this Article we add depth to the existing portrait of prosecution by exploring a third dimension: the office structure and the professional identity it helps …

Confronting Race In The Criminal Justice System: The Aba's Racial Justice Improvement Project, Cynthia E. Jones

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Responsible Gun Ownership Ordinance And Novel Textual Questions About The Second Amendment, Owen Mcgovern

Journal of Criminal Law and Criminology

No abstract provided.

Reflections On The Atrophying Pardon Power, Paul Rosenzweig

Journal of Criminal Law and Criminology

No abstract provided.

Overcriminalizing Immigration, Jennifer M. Chacón

Journal of Criminal Law and Criminology

No abstract provided.

Reconsidering The Mistake Of Law Defense, Edwin Meese Iii, Paul J. Larkin, Jr.

Journal of Criminal Law and Criminology

No abstract provided.

Is The Exclusionary Rule Dead?, Craig M. Bradley

Journal of Criminal Law and Criminology

No abstract provided.

Obstruction Of Justice: Unwarranted Expansion Of 18 U.S.C. § 1512(C)(1), Sarah O'Rourke Schrup

Journal of Criminal Law and Criminology

No abstract provided.

Rethinking The Anti-Counterfeiting Trade Agreement's Criminal Copyright Enforcement Measures, Miriam Bitton

Journal of Criminal Law and Criminology

No abstract provided.

Beyond Procedural Justice: A Dialogic Approach To Legitimacy In Criminal Justice, Anthony Bottoms, Justice Tankebe

Journal of Criminal Law and Criminology

No abstract provided.

Queer (In)Justice: Mapping New Gay (Scholarly) Agendas, Giovanna Shay, J. Kelly Strader

Journal of Criminal Law and Criminology

No abstract provided.

In Spite Of Its Good Intentions, The Dodd-Frank Act Has Created An Fcpa Monster, Heidi L. Hansberry

Journal of Criminal Law and Criminology

No abstract provided.

Silenced Stories: How Victim Impact Evidence In Capital Trials Prevents The Jury From Hearing The Constitutionally Required Story Of The Defendant, Diana Minot

Journal of Criminal Law and Criminology

No abstract provided.

The Data-Broker Threat: Proposing Federal Legislation To Protect Post-Expungement Privacy, Logan Danielle Wayne

Journal of Criminal Law and Criminology

No abstract provided.

Camreta And Al-Kidd: The Supreme Court, The Fourth Amendment, And Witnesses, Kit Kinports

Journal of Criminal Law and Criminology

No abstract provided.

Judicial Gatekeeping Of Police-Generated Witness Testimony, Sandra Guerra Thompson

Journal of Criminal Law and Criminology

No abstract provided.

Why Do Criminals Obey The Law? The Influence Of Legitimacy And Social Networks On Active Gun Offenders, Andrew V. Papachristos, Tracy L. Meares, Jeffrey Fagan

Journal of Criminal Law and Criminology

No abstract provided.