Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Universitas Indonesia (890)
- Yeshiva University, Cardozo School of Law (788)
- Washington and Lee University School of Law (299)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (294)
- Seattle University School of Law (270)
-
- BLR (220)
- Touro University Jacob D. Fuchsberg Law Center (218)
- University of Richmond (183)
- Columbia Law School (174)
- American University Washington College of Law (155)
- UIC School of Law (153)
- University of Michigan Law School (149)
- University of Maine School of Law (117)
- Brooklyn Law School (116)
- Maurer School of Law: Indiana University (114)
- University of Georgia School of Law (96)
- UC Law SF (91)
- Mercer University School of Law (87)
- Villanova University Charles Widger School of Law (86)
- Cornell University Law School (81)
- Texas A&M University School of Law (79)
- University of Miami Law School (77)
- Roger Williams University (75)
- St. John's University School of Law (72)
- Pace University (71)
- Northwestern Pritzker School of Law (70)
- Boston University School of Law (69)
- St. Mary's University (68)
- Fordham Law School (67)
- Southern Methodist University (63)
- Keyword
-
- Criminal law (501)
- Criminal Law and Procedure (436)
- Criminal procedure (376)
- Criminal Law (225)
- Evidence (214)
-
- Death penalty (191)
- Sentencing (189)
- Criminal justice (188)
- Constitutional Law (185)
- Criminal Procedure (183)
- Capital punishment (142)
- Fourth Amendment (132)
- Due process (124)
- Supreme Court (115)
- Police (105)
- Sixth Amendment (102)
- Courts (98)
- New York (94)
- Constitution (91)
- Punishment (88)
- Law and Society (85)
- Jurisprudence (83)
- Law (82)
- Criminal (81)
- Crime (80)
- Prosecutors (80)
- Federal (77)
- Fifth Amendment (75)
- Constitutional law (73)
- Jury (71)
- Publication Year
- Publication
-
- Jurnal Hukum & Pembangunan (735)
- Faculty Scholarship (554)
- Cardozo Law Review (325)
- Nevada Supreme Court Summaries (259)
- Seattle University Law Review (222)
-
- ExpressO (195)
- Touro Law Review (185)
- Articles (176)
- University of Richmond Law Review (146)
- UIC Law Review (128)
- Faculty Publications (127)
- "Dharmasisya” Jurnal Program Magister Hukum FHUI (121)
- Maine Law Review (115)
- All Faculty Scholarship (100)
- Scholarly Articles (95)
- Cardozo Journal of Equal Rights & Social Justice (94)
- Michigan Law Review (89)
- Mercer Law Review (80)
- Cornell Law Faculty Publications (79)
- Scholarly Articles in Law Reviews & Journals (77)
- Washington and Lee Law Review (77)
- Scholarly Works (76)
- Supreme Court Case Files (76)
- Articles by Maurer Faculty (68)
- Cardozo Public Law, Policy & Ethics Journal (61)
- Publications (59)
- West Virginia Law Review (58)
- Villanova Law Review (1956 - ) (54)
- Elisabeth Haub School of Law Faculty Publications (50)
- Georgetown Law Faculty Publications and Other Works (49)
- Publication Type
- File Type
Articles 4891 - 4920 of 7309
Full-Text Articles in Criminal Procedure
Beyond Intention, Kimberly Kessler Ferzan
A Tangled Web Of Justice: American Indian And Alaska Native Youth In Federal, State, And Tribal Justice Systems, Addie C. Rolnick, Neelum Arya
A Tangled Web Of Justice: American Indian And Alaska Native Youth In Federal, State, And Tribal Justice Systems, Addie C. Rolnick, Neelum Arya
Scholarly Works
This policy brief is intended to serve as a resource for tribes, juvenile justice professionals, and other stakeholders interested in improving outcomes for Native youth by presenting the current state of knowledge on Native youth and their involvement in justice systems across the country.
Harmless Constitutional Error And The Institutional Significance Of The Jury, Roger Fairfax
Harmless Constitutional Error And The Institutional Significance Of The Jury, Roger Fairfax
Scholarly Articles in Law Reviews & Journals
Appellate harmless error review, an early twentieth-century innovation prompted by concerns of efficiency and finality, had been confined to nonconstitutional trial errors until forty years ago, when the U.S. Supreme Court extended the harmless error rule to trial errors of constitutional proportion. Even as criminal procedural protections were expanded in the latter half of the twentieth century, the harmless error rule operated to dilute the effect of many of these constitutional guarantees-the Sixth Amendment right to jury trial being no exception. However, while a tradeoff between important process values and the Constitution's protection of individual rights is inherent in the …
Grand Jury Discretion And Constitutional Design, Roger Fairfax
Grand Jury Discretion And Constitutional Design, Roger Fairfax
Scholarly Articles in Law Reviews & Journals
The grand jury possesses an unqualified power to decline to indict - despite probable cause that alleged criminal conduct has occurred. A grand jury might exercise this power, for example, to disagree with the wisdom of a criminal law or its application to a particular defendant. A grand jury might also use its discretionary power to send a message of disapproval regarding biased or unwise prosecutorial decisions or inefficient allocation of law enforcement resources in the community. This ability to exercise discretion on bases beyond the sufficiency of the evidence has been characterized pejoratively as grand jury nullification. The dominant …
Envisioning Post-Conviction Review For The Twenty-First Century, Joseph L. Hoffmann, Nancy J. King
Envisioning Post-Conviction Review For The Twenty-First Century, Joseph L. Hoffmann, Nancy J. King
Articles by Maurer Faculty
No abstract provided.
Congressional Oversight Of National Security Activities: Improving Information Funnels, Heidi Kitrosser
Congressional Oversight Of National Security Activities: Improving Information Funnels, Heidi Kitrosser
Cardozo Law Review
No abstract provided.
Section 1983 Civil Rights Litigation From The October 2006 Term, Martin Schwartz
Section 1983 Civil Rights Litigation From The October 2006 Term, Martin Schwartz
Touro Law Review
No abstract provided.
Guilty Pleas Or Trials: Which Does The Barrister Prefer?, Peter W. Tague
Guilty Pleas Or Trials: Which Does The Barrister Prefer?, Peter W. Tague
Georgetown Law Faculty Publications and Other Works
Barristers in England and attorneys in the United States have been upbraided for pursuing their interests to their clients' detriment in recommending guilty pleas over trials. While this accusation against American attorneys could be true since their incentives are sometimes skewed to favor guilty pleas, it is not accurate with respect to barristers in England. This is because the latter’s selfish incentives--to maximize income and avoid sanction--incline them to prefer trials over guilty pleas. In Melbourne and Sydney, barristers have never been similarly accused. Indeed, the topic has not been studied. Based on interviews with legal professionals in those cities, …
Punishing Family Status , Jennifer M. Collins, Ethan J. Leib, Dan Markel
Punishing Family Status , Jennifer M. Collins, Ethan J. Leib, Dan Markel
Faculty Scholarship
This Article focuses upon two basic but under-explored questions: when does, and when should, the state use the criminal justice apparatus to burden individuals on account of their familial status? We address the first question in Part I by revealing a variety of laws permeating the criminal justice system that together form a string of family ties burdens, laws that impose punishment upon individuals on account of their familial status. The seven burdens we train our attention upon are omissions liability for failure to rescue, parental responsibility laws, incest, bigamy, adultery, nonpayment of child support, and nonpayment of parental support. …
Prosecution Of Process Crimes: Thoughts And Trends, Allison Caffarone, Karen Patton Seymour, Stephen R. Peikin
Prosecution Of Process Crimes: Thoughts And Trends, Allison Caffarone, Karen Patton Seymour, Stephen R. Peikin
Scholarly Works
The United States Department of Justice has come under attack in recent years because of its increased attention to, and prosecution of, crimes committed during the course of its investigations — obstruction of justice, perjury, and making false statements. These crimes have been labeled “cover-up” or “process crimes,” and the charging prosecutors have been criticized as bringing such charges only against high-profile defendants as to whom there is insufficient evidence to charge the “more serious” underlying offenses that prompted the initial investigation. Some critics have gone so far as to label these prosecutions “vindictive.” Much of this criticism is misplaced. …
Drug Treatment Courts In The Twenty-First Century: The Evolution Of The Revolution In Problem-Solving Courts, The Honorable Peggy F. Hora, Theodore Stalcup
Drug Treatment Courts In The Twenty-First Century: The Evolution Of The Revolution In Problem-Solving Courts, The Honorable Peggy F. Hora, Theodore Stalcup
Georgia Law Review
Covering developments in the drug treatment court movement in the years since the turn of the millennium, Judge Hora and Mr. Stalcup inform the reader about updates relevant to the subject and address the arguments and concerns of other authors. The Article reviews drug treatment court basics, describes their function, and evaluates legal aspects of drug treatment court practice. The authors' analysis includes the latest in genetic research, penal statistics, and recent court cases that bear on the subject. Beginning with the premise that traditional criminal case processing does not address the underlying causes of much criminal behavior, the authors …
Distorting Due Process For Noble Purposes: The Emasculation Of America's Material Witness Laws, Ronald L. Carlson
Distorting Due Process For Noble Purposes: The Emasculation Of America's Material Witness Laws, Ronald L. Carlson
Georgia Law Review
Civil liberties issues raised by governmental interference with free speech or by police execution of clandestine searches are regularly litigated. Less obtrusive but nonetheless highly concerning is the subject of this Article. Lurking under the radar is a hidden danger. Authorities have protected and expanded their statutory opportunities to imprison unsuspecting and sometimes innocent witnesses to crimes. Most Americans are shocked to know that witnesses to crimes can be jailed in order to insure their testimony against a defendant. Before 9/11, only a handful of unfortunate citizens felt the sting of these laws. The accelerated use of material witness statutes …
Bringing An End To Warrantless Cell Phone Searches, Bryan A. Stillwagon
Bringing An End To Warrantless Cell Phone Searches, Bryan A. Stillwagon
Georgia Law Review
Cell phones keep society connected, and exploring their contents reveals a glimpse into the user's life. As technology develops and these phones advance, this glimpse becomes a more complete picture of the user's life. The Fourth Amendment speaks of a right to be secure against unreasonable searches and seizures, but this right is threatened when judges permit the few exceptions to the warrant requirement to envelop the general rule. This Note begins with a brief review of the history of both cellphones and warrantless searches, followed by the recent history of warrantless cell phone searches. While focusing on the search- …
A New Era Of Federal Sentencing: The Guidelines Provide District Court Judges A Cloak, But Is Gall Their Dagger?, Anna E. Papa
A New Era Of Federal Sentencing: The Guidelines Provide District Court Judges A Cloak, But Is Gall Their Dagger?, Anna E. Papa
Georgia Law Review
Federal district court judges today have a level of sentencing discretion that has been unknown since the adoption of the United States Sentencing Guidelines. This Note reviews the history of the Guidelines and outlines the problems that have resulted from the Supreme Court's decisions in Booker, Rita, and Gall This Note argues that the confusion may be clarified by giving effect to the text of 18 U.S.C. §3553(a), which requires that federal district court judges impose sentences that are sufficient, but not greater than necessary, and requires them to examine all the factors provided in the statute. The court's recent …
Plea Bargaining And Procedural Justice, Michael M. O'Hear
Plea Bargaining And Procedural Justice, Michael M. O'Hear
Georgia Law Review
Recognizing the increasingly dominant role of plea bargaining in the American criminal justice system, legal scholars \have devoted considerable attention in recent years to problems of accuracy and proportionality in cases resolved by guilty plea. However, an overriding focus on the outcomes of plea bargaining misses the important contributions that process makes to the acceptance of outcomes and the perceived legitimacy of the criminal justice system. Drawing on the extensive social psychology research on procedural justice, this Article proposes five process norms that prosecutors ought to observe when making or responding to plea offers. Paying greater attention to procedural justice …
Abolition In The U.S.A. By 2050: On Political Capital And Ordinary Acts Of Resistance, Bernard E. Harcourt
Abolition In The U.S.A. By 2050: On Political Capital And Ordinary Acts Of Resistance, Bernard E. Harcourt
Faculty Scholarship
The United States, like the larger international community, likely will tend toward greater abolition of the death penalty during the first half of the twenty-first century. A handful of individual states – states that have historically carried out few or no executions – probably will abolish capital punishment over the next twenty years, which will create political momentum and ultimately a federal constitutional ban on capital punishment in the United States. It is entirely reasonable to expect that, by the mid-twenty-first century, capital punishment will have the same status internationally as torture: an outlier practice, prohibited by international agreements and …
Due Process For The Global Crime Era: A Proposal, Song Richardson
Due Process For The Global Crime Era: A Proposal, Song Richardson
Scholarly Articles in Law Reviews & Journals
This article argues that the adjudication of transnational criminal cases in the United States raises troubling questions about the government's commitment to principled criminal process standards. Concern over global crime has resulted in a criminal process that inadequately protects fairness and legitimacy norms. Over 40 years ago, in his seminal work on the domestic criminal process, Herbert Packer described two models of criminal procedure: the crime control model and the due process model. The crime control model posits that the most important function of the criminal justice system is to suppress crime. The due process model focuses on the fallibility …
Summary Of Hidalgo V. District Court, 123 Nev. Adv. Op. 59, Barbra E. Zess
Summary Of Hidalgo V. District Court, 123 Nev. Adv. Op. 59, Barbra E. Zess
Nevada Supreme Court Summaries
Luis Hidalgo III and Anabel Espindola, awaiting a capital murder trial, made a petition for a writ of mandamus or prohibition challenging the alleged aggravating circumstances (solicitation to commit murder) as not being “a felony involving the use or threat of violence to the person of another,” as required by NRS 200.033(2)(b). The other aggravator, murder to receive money, was successfully challenged as violating SCR 250(4)(c) requirements.
Death Penalty Law, Therese M. Day
Death Penalty Law, Therese M. Day
Mercer Law Review
This Article provides a survey of death penalty case law in Georgia from June 1, 2006 through May 31, 2007. The cases include those that were heard by the Georgia Supreme Court on interim appeal and direct appeal,1 and discussion is limited to claims which present new issues of law, refine existing law, or are otherwise instructive. This Article does not discuss holdings in capital cases that are common to all criminal appeals because these are discussed elsewhere in this Survey.
Statistics In The Jury Box: How Jurors Respond To Mitochondrial Dna Match Probabilities, David H. Kaye, Valerie P. Hans, B. Michael Dann, Erin J. Farley, Stephanie Albertson
Statistics In The Jury Box: How Jurors Respond To Mitochondrial Dna Match Probabilities, David H. Kaye, Valerie P. Hans, B. Michael Dann, Erin J. Farley, Stephanie Albertson
Cornell Law Faculty Publications
This article describes parts of an unusually realistic experiment on the comprehension of expert testimony on mitochondrial DNA (mtDNA) sequencing in a criminal trial for robbery. Specifically, we examine how jurors who responded to summonses for jury duty evaluated portions of videotaped testimony involving probabilities and statistics. Although some jurors showed susceptibility to classic fallacies in interpreting conditional probabilities, the jurors as a whole were not overwhelmed by a 99.98% exclusion probability that the prosecution presented. Cognitive errors favoring the defense were more prevalent than ones favoring the prosecution. These findings lend scant support to the legal argument that mtDNA …
Summary Of Wilson V. State Of Nevada, 123 Nev. Adv. Op. No. 54, Tanya Gaylord
Summary Of Wilson V. State Of Nevada, 123 Nev. Adv. Op. No. 54, Tanya Gaylord
Nevada Supreme Court Summaries
No abstract provided.
What Is A Business Crime?, Richard A. Booth
What Is A Business Crime?, Richard A. Booth
Working Paper Series
Criminal prosecution has been used with increasing frequency recently in connection with a variety of business failures and other financial offenses. Indeed, it appears that there are few such offenses that cannot be prosecuted criminally even though they also give rise to civil remedies. While some such offenses seem to be quite serious frauds, others seem to be as minor as getting the accounting rules wrong. Thus, the question addressed in this essay is how to define a business crime and what should be the proper role of criminal prosecution in connection with business offenses. I start with the proposition …
Implementing The Death Penalty: The Moral Implications Of Recent Advances In Neuropsychology, Peggy Sasso
Implementing The Death Penalty: The Moral Implications Of Recent Advances In Neuropsychology, Peggy Sasso
Cardozo Law Review
No abstract provided.
Pro Se Litigation: Best Practices From A Judge's Perspective, Hon. Beverly W. Snukals, Glen H. Sturtevant Jr.
Pro Se Litigation: Best Practices From A Judge's Perspective, Hon. Beverly W. Snukals, Glen H. Sturtevant Jr.
University of Richmond Law Review
No abstract provided.
Has A New Day Dawned For Indigent Defense In Virginia?, Robert E. Shepherd Jr.
Has A New Day Dawned For Indigent Defense In Virginia?, Robert E. Shepherd Jr.
University of Richmond Law Review
No abstract provided.
Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough Jr.
Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough Jr.
University of Richmond Law Review
The authors have endeavored to select from the many appellate cases those that have the most significant precedential value. The article also outlines some of the most consequential changes tothe law enacted by the Virginia General Assembly in the areas ofcriminal law and procedure.
Decency, Dignity, And Desert: Restoring Ideals Of Humane Punishment To Constitutional Discourse, Eva Nilsen
Decency, Dignity, And Desert: Restoring Ideals Of Humane Punishment To Constitutional Discourse, Eva Nilsen
Faculty Scholarship
American punishment today is degrading, indecent, and harsher than deserved despite a Constitution designed to protect people from cruel and unusual punishment. Unfortunately, the U.S. Supreme Court’s response to the increasing inhumanity of contemporary punishment has been to reduce its Eighth Amendment jurisprudence to tidy categories, legal fictions, and hollow phrases. Absent from the discourse is any acknowledgement of the actual day-to-day experience facing the convicted person, or any suggestion that, although punishments can be degrading, they need not be. The case for treating a convicted person with respect for his human dignity, and for constitutional scrutiny of punishment as …
It's Just Not Cricket: Is The Principle Of Reciprocity Being Honored In The U.S.-U.K. Extradition Treaty?, Richard Goldberger
It's Just Not Cricket: Is The Principle Of Reciprocity Being Honored In The U.S.-U.K. Extradition Treaty?, Richard Goldberger
Cardozo Law Review
No abstract provided.
Summary Of Dewey V. State, 123 Nev. Adv. Op. No. 47, Nevada Law Journal
Summary Of Dewey V. State, 123 Nev. Adv. Op. No. 47, Nevada Law Journal
Nevada Supreme Court Summaries
No abstract provided.
Rethinking Dui Law In Virginia, Monte Kuligowski
Rethinking Dui Law In Virginia, Monte Kuligowski
University of Richmond Law Review
As the demand for safer roadways needs little supporting argument, I turn to the constitutional problem of strict criminal liability law, followed with a brief analysis of criminal intent and strict liability law within the criminal system, some examples of how other states have responded to the inherent tensions, and a few specific thoughts for the legislature to consider.