Criminal Law Commons^™

Chinese Homicide Law, Irrationality, And Incremental Change, Cary Bricker, Michael Vitiello

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

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.

Florence V. Board Of Chosen Freeholders: Maintaining Jail Security While Stripping Detainees Of Their Constitutional Rights, Nina Gleiberman

Maryland Law Review Online

No abstract provided.

Process For The Dispossessed: Procedural Rights From Magna Carta To Modern International Law, Mark A. Drumbl

Scholarly Articles

Due process matters greatly to distinguished philosopher Larry May, who advocates for a vigourous assertion of procedural rights as constituting an international rule of law. He undertakes this ambitious, a la fois aspirational, task in Global Justice and Due Process.

The Right To Plea Bargain With Competent Counsel After Cooper And Frye: Is The Supreme Court Making The Ordinary Criminal Process "Too Long, Too Expensive, And Unpredictable . . . In Pursuit Of Perfect Justice"?, Bruce A. Green

Duquesne Law Review

"[T]oo long, too expensive, and unpredictable." That is how Justice Scalia described "the ordinary criminal process" in a dissenting opinion joined by Chief Justice Roberts and Justice Thomas. Justice Scalia blamed the length, cost, and unpredictability of criminal proceedings not on the intrinsic nature of adjudication but on the constitutional jurisprudence underlying the criminal process, which he depicted as unnecessarily intricate and unduly burdensome. One might infer, given their understanding, that these Justices will not only interpret constitutional provisions narrowly in criminal cases but, given the chance, will trim back constitutional protections that they believe earlier decisions benightedly …

Changing Tides: An Adaptable Prosecution Approach To Piracy’S Shifting Problem, Jessica Piquet

National Security Law Program

Although piracy off the coast of Somalia has captured worldwide attention, attacks in this region are decreasing while other regions are experiencing increases in pirate activity. This Note expands upon prior research into prosecution models for combatting piracy off the coast of Somalia to determine the adaptability and sustainability of these methods as applied to piracy in other regions. In examining the three most common prosecution models currently used and proposed (prosecution by domestic courts in regional states, prosecution by the capturing state or by a state with a significant nexus to the attack, and prosecution by a specialized piracy …

My Life Is Not My Own: Do Criminal Arrestees’ Privacy Interests In Mug Shots Outweigh Public’S Desire For Disclosure?, 30 J. Marshall J. Computer & Info. L. 307 (2013), Jocelyn Watkins

UIC John Marshall Journal of Information Technology & Privacy Law

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The Supreme Court Screws Up The Science: There Is No Abusive Head Trauma/Shaken Baby Syndrome “Scientific” Controversy, Joelle A. Moreno, Brian Holmgren

Faculty Publications

No abstract provided.

The Widening Maturity Gap: Trying And Punishing Juveniles As Adults In An Era Of Extended Adolescence, David Pimentel

Articles

No abstract provided.

Juvenile Life Without The Possibility Of Parole: Constitutional But Complicated, Christopher A. Mallett

Social Work Faculty Publications

The Supreme Court's recent decision in Miller v. Alabama found that juvenile life without the possibility of parole sentences for homicide crimes was unconstitutional if mandated by state law. Thus, allowing this sentence only after an individualized decision determines the sanction proportional given the circumstances of the offense and mitigating factors. This decision, for a number of reasons, does not go far enough in protecting those youthful offenders afflicted with maltreatment victimizations, mental health problems, and/or learning disabilities - all potential links for some adolescents to serious offending and potentially homicide. While the Supreme Court has not protected these youthful …

Taking The Presumption Against Extraterritoriality Seriously In Criminal Cases After Morrison And Kiobel, David Keenan, Sabrina P. Schroff

Loyola University Chicago Law Journal

In two recent decisions, Morrison v. National Australia Bank, 130 S. Ct. 2869 (2010), and Kiobel v. Royal Dutch Petroleum, 133 S. Ct. 1659 (2013), the Supreme Court emphatically reaffirmed the longstanding presumption that federal statutes do not apply outside the territorial United States absent a “clear indication” to the contrary. Although Morrison and Kiobel involved civil suits under section 10(b) of the Securities Exchange Act and the Alien Tort Statute (“ATS”) respectively, this Article contends that the Court’s holdings ought to similarly restrict the extraterritorial application of federal criminal law. That is because Morrison and Kiobel instruct …

Criminal Mediation Has Taken Root In Idaho's Courts, Maureen Laflin

Articles

No abstract provided.

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

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 …

Confronting The Dead: The Supreme Court's Confrontation Clause Jurisprudence And Its Implications For Autopsy Reports, Reid R. Allison

Criminal Law Practitioner

No abstract provided.

A Proposed Framework For Answering For The Lafler Question, Jamie Pamela Rasmussen

Criminal Law Practitioner

No abstract provided.

Do The Federal Courts Sweep Buie Clean?, Jeffrey T. Wennar

Criminal Law Practitioner

No abstract provided.

From Selfies To Shackles: Why The Government May Be Able To Search Your Cell Phone Without A Warrant, Rochelle Brunot

Criminal Law Practitioner

No abstract provided.

From The Editors, Megan Petry, Joseph Hernandez

Criminal Law Practitioner

No abstract provided.

Drowned Out Without Discovery: Post-Conviction Procedural Inadequacy In An Era Of Habeas Deference, Rachel Cohen, Krista Dolan

Criminal Law Practitioner

No abstract provided.

D.C. Dui Disturbia: The Intended Policy And Its Explosive Effects, Monika Mastellone

Criminal Law Practitioner

No abstract provided.

Give Us Your Huddled Masses Yearning To Breathe Free: A Criminal Defender Resource Guide To Advising The Non-Citizen Criminally Accused, Rita M. Montoya

Criminal Law Practitioner

No abstract provided.

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.

Innocent Until Presumed Guilty: Florida’S Mistreatment Of Mens Rea And The Presumption Of Innocence In Drug Possession Cases, 46 J. Marshall L. Rev. 1157 (2013), Sean Mullins

UIC Law Review

No abstract provided.

Potentiate Liability And Preventing Fault Attribution: The Intoxicated “Offender” And Anglo-American Dépecage Standardisations, 47 J. Marshall L. Rev. 57 (2013), Alan Reed, Nicola Wake

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.

Fear Of Adversariness: Using Gideon To Restrict Defendants' Invocation Of Adversary Procedures, Pamela R. Metzger

Faculty Journal Articles and Book Chapters

Fifty years ago Gideon promised that an attorney would vindicate the constitutional rights of any accused too poor to afford an attorney. But Gideon also promised more. Writ small, Gideon promised to protect individual defendants; writ large, Gideon promised to protect our system of constitutional criminal procedure. Much has been written about Gideon’s broken promise to our poor; this Essay is about Gideon’s broken promise to our system.

With its army of zealous public defenders, Gideon should have produced litigation that vigorously protected the core structures of our adversary trial system. Instead, courts have converted Gideon representation into a Gideon …

The Exit Myth: Family Law, Gender Roles, And Changing Attitudes Toward Female Victims Of Domestic Violence, Carolyn B. Ramsey

Michigan Journal of Gender & Law

This Article presents a hypothesis suggesting how and why the criminal justice response to domestic violence changed, over the course of the twentieth century, from sympathy for abused women and a surprising degree of state intervention in intimate relationships to the apathy and discrimination that the battered women' movement exposed. The riddle of declining public sympathy for female victims ofintimate-partner violence can only be solved by looking beyond the criminal law to the social and legal changes that created the Exit Myth. While the situation that gave rise to the battered womens movement in the 1970s is often presumed to …

The Rule Of Law, Constitutional Reform, And The Death Penalty In The Gambia, Andrew Novak

Richmond Journal of Global Law & Business

No abstract provided.