Criminal Procedure Commons^™

Right To Counsel, Supreme Court, Appellate Division, Third Department: People V. Gabriel

Touro Law Review

No abstract provided.

Double Jeopardy, Supreme Court, Appellate Term Second Judicial Department: People V. Steele

Touro Law Review

No abstract provided.

Due Process, Supreme Court New York County: People V. Julio Batiz

Touro Law Review

No abstract provided.

Origins Of The Fifth Amendment And Its Critics, Leonard W. Levy

Cardozo Law Review

No abstract provided.

Kogen V. Chief Military Prosecutor, Theodor Or, Dalia Dorner, Jacob Turkel

Translated Opinions

Facts: Petitioners, prisoners in a military prison, participated in a prison uprising allegedly motivated by deficient prison conditions. The military authorities negotiated with the inmates, who demanded improvements in prison conditions and a commitment from the authorities not to prosecute them. The military authorities agreed to this last condition. Despite this agreement, however, the inmates were prosecuted. Petitioners here contest this latter decision.

Held: The Court noted that precedents allow for the government to repudiate an agreement if such a step is dictated by the public interest. Such a decision must take all the relevant interests into account, including the …

Resurrecting The Confrontation Clause In Virginia, Joseph D. Platania

Capital Defense Journal

No abstract provided.

Warren E. Buffett On Corporate Constituency Laws And Other Newfangled Ideas: An Imaginary Conversation, Bevis Longstreth

Cardozo Law Review

No abstract provided.

Can You Lie To The Government And Get Away With It--The Exculpatory-No Defense Under 18 U.S.C. 1001, Stephen Michael Everhart

West Virginia Law Review

No abstract provided.

Race-Based Jury Nullification: Rebuttal (Part A), 30 J. Marshall L. Rev. 923 (1997), Andrew D. Leipold

UIC Law Review

No abstract provided.

The Death Penalty And The Decline Of Liberalism, 30 J. Marshall L. Rev. 321 (1997), John R. Macarthur

UIC Law Review

No abstract provided.

No More Excuses: Closing The Door On The Voluntary Intoxication Defense, 30 J. Marshall L. Rev. 535 (1997), Chad J. Layton

UIC Law Review

No abstract provided.

Intruders At The Death House: Limiting Third-Party Intervention In Executive Clemency, 30 J. Marshall L. Rev. 567 (1997), Daryl M. Schumacher

UIC Law Review

No abstract provided.

Race-Based Jury Nullification: Case-In-Chief, 30 J. Marshall L. Rev. 911 (1997), Paul D. Butler

UIC Law Review

No abstract provided.

Feeling Violated: Seventh Circuit Puts The Squeeze On Fourth Amendment Rights Of Bus Travelers, 31 J. Marshall L. Rev. 245 (1997), Andrew J. Purcell

UIC Law Review

No abstract provided.

Reflections On A Quarter-Century Of Constitutional Regulation Of Capital Punishment, 30 J. Marshall L. Rev. 399 (1997), Joseph Bessetre, Stephen Bright, George Kendall, William Kunkle, Carol Steiker, Jordan Steiker

UIC Law Review

No abstract provided.

Gacy V. Dahmer: An Informed Response, 30 J. Marshall L. Rev. 331 (1997), William J. Kunkle Jr.

UIC Law Review

No abstract provided.

Post-Verdict Interviews: The Key To Understanding The Decision Behind The Verdict, 30 J. Marshall L. Rev. 507 (1997), Christine J. Iversen

UIC Law Review

No abstract provided.

The Sixth Amendment: Protecting Defendants' Rights At The Expense Of Child Victims, 30 J. Marshall L. Rev. 767 (1997), Julie A. Anderson

UIC Law Review

No abstract provided.

The Police, Pretextual Investigatory Activity, And The Fourth Amendment: What Hath Whren Wrought, Mark M. Dobson

St. Thomas Law Review

Part II of this article briefly discusses the debate over what was considered pretextual activity in the time before Whren. Part III then analyzes both the facts and resolution of the pretext issue presented in Whren itself. Part IV explores what Wiren means for the future, both in terms of how this decision, when coupled with existing Fourth Amendment precedent enlarges what the police can do; and how two other Fourth Amendment cases which have recently been handed down, may even further expand what the police can do.

Images Of Women And Capital Sentencing Among Female Offenders: Exploring The Outer Limits Of The Eighth Amendment And Articulated Theories Of Justice, Jenny E. Carroll

Faculty Scholarship

This Note explores the effect on women of this process of demarcating boundaries of unacceptable behavior within the context of a capital punishment system. Additionally, this Note explores the Eighth Amendment implications of these boundaries within capital jurisprudence. Part I examines the two most prominent theories put forth by feminist scholars to explain sentencing patterns among female capital offenders-the "chivalry theory" and the "evil woman" theory. These theories attempt to account for both the limited use of the death penalty for women and the presence of certain women on death row. In Part II, this Note considers the limited empirical …

Confrontation And The Definition Of Chutzpa, Richard D. Friedman

Articles

You may know the standard illustration of chutzpa - the man who kills both his parents and then begs the sentencing court to have mercy on an orphan. In this article, I discuss a case of chutzpa that is nearly as outlandish - the criminal defendant who, having rendered his victim unavailable to testify, contends that evidence of the victim's statement should not be admitted against him because to do so would violate his right to confront her. I contend that in a case like this the defendant should be deemed to have forfeited the confrontation right. On the same …

Is Fairness Irrelevant?: The Evisceration Of Federal Habeas Corpus Review And Limits On The Ability Of State Courts To Protect Fundamental Rights, Stephen B. Bright

Washington and Lee Law Review

No abstract provided.

Ex Post Facto Laws: Supreme Court New York County People V. Griffin (Decided December 5, 1996

Touro Law Review

No abstract provided.

The Age Of Unreason: The Impact Of Reasonableness, Increased Police Force, And Colorblindness On Terry "Stop And Frisk", Omar Saleem

Oklahoma Law Review

No abstract provided.

What's Competence Got To Do With It: The Right Not To Be Acquitted By Reason Of Insanity, Justine A. Dunlap

Oklahoma Law Review

No abstract provided.

Making Constitutional Doctrine In A Realist Age, Victoria Nourse

Georgetown Law Faculty Publications and Other Works

In this article the author considers three examples of modern constitutional doctrine that show how judges have stolen bits and pieces from popularized skepticisms about the job of judging and have molded this stolen rhetoric into doctrine. In the first example, she asks whether constitutional law's recent penchant for doctrinal rules based on "clear law" could have existed without the modern age's obsession with legal uncertainty. In the second, the author considers whether our contemporary rhetoric of constitutional "interests" and "expectations" reflects modern critiques of doctrine as failing to address social needs. In the third, she asks how an offhand …

Condemned By Substance And Process: A Comment On “Doubly Condemned”: Adjustments To The Crime And Punishment Regime In The Late Slavery Period In The British Caribbean Colonies And “Under The Present Mode Of Trial, Improper Verdicts Are Very Often Given”: Criminal Procedure In The Trials Of Slaves In Antebellum Louisiana, Raymond T. Diamond

Cardozo Law Review

The substance of modem criminal law and the procedures through which that law is enforced are a subject of current debate. On the one hand, some call into question the use of criminal sanctions as a means of enforcing schemes of regulation meant to guarantee public welfare. By the same token, violent crime and crime that is otherwise malum in se has caused increasing levels of fear and concomitant calls for more vigorous enforcement of the criminal law. As a result, the rights that protect the accused from intrusions by a potentially tyrannical state and from arbitrary decision making by …

Innocence, Privacy, And Targeting In Fourth Amendment Jurisprudence, Sherry F. Colb

Cornell Law Faculty Publications

No abstract provided.

The Fate Of “Megan’S Law” In New York, Alison Virag Greissman

Cardozo Law Review

Sexual crimes disgust, anger, and frighten Americans in a way that no other human act does. The transgressions of sex offenders leave victims with lifelong scars and violate society's most fundamental notions of right and wrong. Indeed, husbands beating their wives with frying pans, boyfriends punching their girlfriends with their fists, and men striking women with kitchen chairs and baseball bats in every city of our country are atrocities. Although barbaric, these examples of violent and often fatal attacks are not of the same nature as an assault in which a man desecrates a woman by invading the most intimate …

A Peculiar Privilege In Historical Perspective: The Right To Remain Silent, Albert W. Alschuler

Michigan Law Review

Supreme Court decisions have vacillated between two incompatible readings of the Fifth Amendment guarantee that no person "shall be compelled in any criminal case to be a witness against himself." The Court sometimes sees this language as affording defendants and suspects a right to remain silent. This interpretation - a view that countless repetitions of the Miranda warnings have impressed upon the public - asserts that government officials have no legitimate claim to testimonial evidence tending to incriminate the person who possesses it. Although officials need not encourage a suspect to remain silent, they must remain at least neutral toward …