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Articles 4921 - 4950 of 7309

Full-Text Articles in Criminal Procedure

Summary Of Ryan V. Dist. Ct., 123 Nev. Adv. Op. No. 42, Katie Maw Oct 2007

Summary Of Ryan V. Dist. Ct., 123 Nev. Adv. Op. No. 42, Katie Maw

Nevada Supreme Court Summaries

Petition for a writ of mandamus challenging a district court’s order denying petitioner’s motion to substitute counsel.

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Search And Seizure On Steroids: United States V. Comprehensive Drug Testing And Its Consequences For Private Information Stored On Commercial Electronic Databases, Aaron Seiji Lowenstein Oct 2007

Search And Seizure On Steroids: United States V. Comprehensive Drug Testing And Its Consequences For Private Information Stored On Commercial Electronic Databases, Aaron Seiji Lowenstein

Cardozo Public Law, Policy & Ethics Journal

The Ninth Circuit's decision in United States v. Comprehensive Drug Testing erodes Fourth Amendment protections by allowing government agents to search and seize private information from commercial electronic databases without a warrant or particularized suspicion, raising significant concerns about privacy rights in the digital age. The ruling permits the government to retain and use evidence beyond the scope of the original warrant, undermining constitutional safeguards and disproportionately impacting industries like healthcare. The decision highlights the tension between law enforcement needs and individual privacy, with the dissent warning of far-reaching consequences for personal data security.

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Race And Recalcitrance: The Miller-El Remands, Sheri Johnson Oct 2007

Race And Recalcitrance: The Miller-El Remands, Sheri Johnson

Cornell Law Faculty Publications

In Batson v. Kentucky, the Supreme Court held that a prosecutor may not peremptorily challenge a juror based upon his or her race. Although Baston was decided more than twenty years ago, some lower courts still resist its command. Three recent cases provide particularly egregious examples of that resistance. The Fifth Circuit refused the Supreme Court's instruction in Miller-El v. Cockrell, necessitating a second grant of certiorari in Miller-El v. Dretke. The court then reversed and remanded four lower court cases for reconsideration in light of Miller-El, but in two cases the lower courts have thus …

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Recalibrating Depravity In A Feingold Regime: Why New York Courts Should Maintain Register'S Approach To Depraved Indifference In Cases Of Murder By Abuse, Carrie L. Maylor Oct 2007

Recalibrating Depravity In A Feingold Regime: Why New York Courts Should Maintain Register'S Approach To Depraved Indifference In Cases Of Murder By Abuse, Carrie L. Maylor

Cardozo Law Review

No abstract provided.

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The Practicability Of Amnesty As A Non-Prosecutory Alternative In Post-Conflict Uganda, Kathleen Ellen Macmillan Oct 2007

The Practicability Of Amnesty As A Non-Prosecutory Alternative In Post-Conflict Uganda, Kathleen Ellen Macmillan

Cardozo Public Law, Policy & Ethics Journal

The note argues that amnesty can be a necessary and effective tool for achieving peace in conflict-ridden regions, even when the International Criminal Court (ICC) is involved. It focuses on Uganda's situation, where the government's amnesty offer to the Lords Resistance Army (LRA) was crucial for a ceasefire. The analysis suggests that the ICC should consider deferring to national processes, such as Uganda's Amnesty Act of 2000, to support transitional justice and reconciliation, rather than prioritizing prosecution. The note concludes that amnesty, integrated with traditional justice mechanisms, can be both legally permissible and morally justifiable in certain contexts.

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A Philosopher Looks At Contemporary Terrorism, Igor Primoratz Oct 2007

A Philosopher Looks At Contemporary Terrorism, Igor Primoratz

Cardozo Law Review

No abstract provided.

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The Waterloo For The So-Called Church Autonomy Theory: Widespread Clergy Abuse And Institutional Cover-Up, Marci A. Hamilton Oct 2007

The Waterloo For The So-Called Church Autonomy Theory: Widespread Clergy Abuse And Institutional Cover-Up, Marci A. Hamilton

Cardozo Law Review

No abstract provided.

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More Stories Of Jurisdiction-Stripping And Executive Power: Interpreting The Prison Litigation Reform Act (Plra), Giovanna Shay, Johanna Kalb Oct 2007

More Stories Of Jurisdiction-Stripping And Executive Power: Interpreting The Prison Litigation Reform Act (Plra), Giovanna Shay, Johanna Kalb

Cardozo Law Review

No abstract provided.

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Pardon Me, But Can You Open That Door?: The Potential Effects Of Pardons On Subsequent Civil Suits By Pardonees Under Malicious Prosecution And Section 1983 - A Disciplined Approach To State Pardon Law, Joseph D. Mueller Oct 2007

Pardon Me, But Can You Open That Door?: The Potential Effects Of Pardons On Subsequent Civil Suits By Pardonees Under Malicious Prosecution And Section 1983 - A Disciplined Approach To State Pardon Law, Joseph D. Mueller

Cardozo Law Review

No abstract provided.

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Summary Of Nay V. State, 123 Nev. Adv. Op. No. 35, Tyler James Watson Sep 2007

Summary Of Nay V. State, 123 Nev. Adv. Op. No. 35, Tyler James Watson

Nevada Supreme Court Summaries

Appeal from a judgment of conviction, upon a jury verdict, of first-degree murder with the use of a deadly weapon and robbery with the use of a deadly weapon.

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Summary Of Witherow V. State, Bd. Of Parole Comm’Rs, 123 Nev. Adv. Op. No. 33, Tyler Ure Sep 2007

Summary Of Witherow V. State, Bd. Of Parole Comm’Rs, 123 Nev. Adv. Op. No. 33, Tyler Ure

Nevada Supreme Court Summaries

This case is an appeal from a district court order dismissing a complaint that challenged a parole board proceeding under Nevada’s Open Meeting Law.‡Ìq

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Criminal Law's "Mediating Rules": Balancing, Harmonization, Or Accident?, Michael T. Cahill Sep 2007

Criminal Law's "Mediating Rules": Balancing, Harmonization, Or Accident?, Michael T. Cahill

Faculty Scholarship

No abstract provided.

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Civil Disobedience And The Necessity Defense, John Alan Cohan Sep 2007

Civil Disobedience And The Necessity Defense, John Alan Cohan

The University of New Hampshire Law Review

[Excerpt] “This article will first examine the nature of civil disobedience, and distinguish between direct and indirect civil disobedience. Part II highlights some historical examples of civil disobedience. Part IV then examines the principles of the necessity defense, analyzing each of the elements that make up the defense, illustrated with cases on point. Next, Part V will turn to an analysis of several abortion-protest cases that raise issues different from other types of civil disobedience cases. Part VI then will examine Viet Nam era civil disobedience cases. Following that, Part VIII will explore a unique defense known as the Nuremberg …

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Deterrence, Retributivism, And The Law Of Evidence, Richard A. Bierschbach, Alex Stein Sep 2007

Deterrence, Retributivism, And The Law Of Evidence, Richard A. Bierschbach, Alex Stein

Articles

Legal scholarship has long treated substantive criminal law and evidence as two separate and distinct fields. The former largely concerns itself with evaluating substantive criminal law rules by reference to various animating theories-most prominently, those of deterrence and retributivism.' Scholars, students, and policymakers laud or condemn doctrines based on notions of "just deserts" or ideas about the incentives they create for those disposed to commit a crime. When it comes to the numerous evidentiary and other rules that determine the course of prosecutions and proof, however, the conversation is different. Here, questions of reliability, evidential worth, and accuracy in fact-finding …

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Mediating Rules In Criminal Law, Richard A. Bierschbach, Alex Stein Sep 2007

Mediating Rules In Criminal Law, Richard A. Bierschbach, Alex Stein

Articles

This Article challenges the conventional divide between substantive criminal law theory, on the one hand, and evidence law, on the other, by exposing an important and unrecognized function of evidence rules in criminal law. Throughout the criminal law, special rules of evidence work to mediate conflicts between criminal law's deterrence and retributivist goals. They do this by skewing errors in the actual application of the substantive criminal law to favor whichever theory has been disfavored by the substantive rule itself The mediating potential of evidentiary rules is particularly strong in criminal law because the substantive law's dominant animating theories-deterrence and …

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Summary Of Gallegos V. State, 123 Nev. Advanced Opinion 31, Matthew Engle Aug 2007

Summary Of Gallegos V. State, 123 Nev. Advanced Opinion 31, Matthew Engle

Nevada Supreme Court Summaries

Appellant Albert Gallegos was charged under NRS 202.360(1)(b),2 in 2004, with one count of unlawful possession of a firearm after police arrested him at his home in Clark County and found a firearm inside that home. That charge was based on a 1998 felony warrant issued by a California superior court. The California court issued the warrant when Gallegos failed to appear for sentencing after pleading nolo contendere to seven felony charges. At his Nevada trial, Gallegos testified that he did not appear for his sentencing hearing because the California superior court told him when he entered his plea that …

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Summary Of State V. Ruscetta, Nev. Adv. Op. No. 32, Krystallin Hernandez Aug 2007

Summary Of State V. Ruscetta, Nev. Adv. Op. No. 32, Krystallin Hernandez

Nevada Supreme Court Summaries

Appeal from a district court’s order granting a defendant’s motion to suppress evidence found by a Las Vegas Metropolitan Police Officer during a consensual vehicle search.

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Preventing False Confessions: Is Oickle Up To The Task?, Dale R. Ives Aug 2007

Preventing False Confessions: Is Oickle Up To The Task?, Dale R. Ives

San Diego Law Review

In R. v. Oickle, the Supreme Court of Canada expressly stated that the Canadian confessions rule "should recognize which interrogation techniques commonly produce false confessions so as to avoid miscarriages of justice." As a result, the Court reformulated the traditional confessions rule in an attempt to better protect against false confessions. An obvious question is whether the Court succeeded in attaining this goal. An examination of the reformulated rule indicates that, viewed in the abstract and measured against the current state of knowledge on false confessions, the modern rule does offer considerable protection to innocent persons, but it also has …

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Truth, Justice, And The American Dilemma, Robert Batey Aug 2007

Truth, Justice, And The American Dilemma, Robert Batey

San Diego Law Review

McCleskey v. Kemp is without doubt a memorable case. Professor David C. Baldus and his colleagues, Charles A. Pulaski and George Woodworth, had produced a detailed statistical study of the operation of the death penalty in Georgia showing, in the words of the Supreme Court, that "black defendants, such as McCleskey, who kill white victims have the greatest likelihood of receiving the death penalty." McCleskey used this study to challenge his capital sentence under both the Equal Protection and Cruel and Unusual Punishment Clauses. Like any statistical proof, the Baldus study had been challenged on methodological grounds. The Supreme Court …

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Justice Powell's Garden: The Ciraolo Dissent And Fourth Amendment Protection For Curtilage-Home Privacy, Catherine Hancock Aug 2007

Justice Powell's Garden: The Ciraolo Dissent And Fourth Amendment Protection For Curtilage-Home Privacy, Catherine Hancock

San Diego Law Review

It was not surprising that the majority opinion in Ciraolo provoked an impassioned dissent. The decision was unprecedented in sanctioning aerial surveillance as a police strategy for evading Fourth Amendment prohibitions of surveillance on the ground. The officers rented a plane because they did not have probable cause to obtain a warrant to enter and search the backyard, and because their attempts to peer into the yard were stymied by a tall fence. They could not crawl over the fence because that intrusion would violate the householder's protected expectation of privacy in his curtilage, the Fourth Amendment buffer zone of …

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Introduction To The Third Criminal Procedure Discussion Forum, Russell L. Weaver Aug 2007

Introduction To The Third Criminal Procedure Discussion Forum, Russell L. Weaver

San Diego Law Review

The Third Criminal Procedure Discussion Forum was held at the University of Louisville's Brandeis School of Law on December 14, 2006. As with prior fora, the goal of this forum was to bring together a small group of prominent criminal procedure scholars to discuss matters of common interest. This year's forum focused on two topics: "confessions jurisprudence" and "the most underrated criminal procedure decision(s)."

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The Supreme Court, Confessions, And Judicial Schizophrenia, Arnold H. Loewy Aug 2007

The Supreme Court, Confessions, And Judicial Schizophrenia, Arnold H. Loewy

San Diego Law Review

Schizophrenia literally means "split mind." Consequently, it should not be too surprising that the United States Supreme Court, which is a theoretically continuing body with nine ever-changing minds, would say things in one year that seem schizophrenic when contrasted with last year's jurisprudence. Unfortunately, many of the inconsistent statements remain good law, and the result largely depends on which doctrine the Court chooses to trot out. In this essay, four such statements and the extent that each should be taken will seriously be examined.

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Miranda At Forty, Russell L. Weaver Aug 2007

Miranda At Forty, Russell L. Weaver

San Diego Law Review

In some respects, the Miranda decision was relatively uncontroversial because the Court did little more than require the police to inform suspects of their rights and prescribe procedures for the waiver of those rights. But Miranda's holding was not inevitable. In the Court's later decision in Schneckloth v. Bustamonte, the Court held that suspects can consent to searches of their persons or property even though they have not been informed that they have a Fourth Amendment right to refuse consent. A critic of Schneckloth might legitimately question how suspects can validly waive Fourth Amendment rights that they do not know …

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Interrogating Terrorists: From Miranda Warnings To "Enhanced Interrogation Techniques", Ronald J. Rychlak Aug 2007

Interrogating Terrorists: From Miranda Warnings To "Enhanced Interrogation Techniques", Ronald J. Rychlak

San Diego Law Review

An American citizen arrested within the United States would certainly have the right not to incriminate himself. A foreign national arrested outside of the U.S. would presumably not be protected. Other scenarios present more difficult issues. American courts, therefore, have to determine whether the Fifth Amendment's privilege against self-incrimination applies to non-American citizens, and whether an American police or military agent conducting an investigation abroad must provide some type of warnings before conducting an interrogation. The initial question would seem to be whether terrorist suspects are even entitled to the right protected by Miranda - the right not to incriminate …

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Privacy As Struggle, Andrew R. Taslitz Aug 2007

Privacy As Struggle, Andrew R. Taslitz

San Diego Law Review

The title of this short essay is "Privacy as Struggle," a title meant in part to capture the Court's requirement of superhuman individual efforts to attain secrecy, that is, totally veiling one's activities from the state's prying eyes as an essential prerequisite to the existence of privacy, all too often at the expense of human relationships, interpersonal trust, and political voice. I want, therefore, to paint an apocalyptic vision of the Court's Fourth Amendment privacy jurisprudence, as the reader will no doubt have noticed I have already done in connection with my reading of Hoffa. I want to do so …

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Toward A More Robust Right To Counsel Of Choice, Janet C. Hoeffel Aug 2007

Toward A More Robust Right To Counsel Of Choice, Janet C. Hoeffel

San Diego Law Review

This Article takes its lead from the core principles of the right to counsel of choice expressed in Gonzalez-Lopez. These principles indicate that the right should include an indigent defendant's right to continue an attorney-client relationship established at some point in the past, and that, for both nonindigent and indigent defendants, the right to continue a trial with counsel of choice must be honored by trial courts unless it would be unethical or manifestly unjust to do so. This means that trial courts must almost always grant a continuance to accommodate that choice and could rarely deny such a request …

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Smith V. Hooey: Underrated But Unfulfilled, Leslie W. Abramson Aug 2007

Smith V. Hooey: Underrated But Unfulfilled, Leslie W. Abramson

San Diego Law Review

The Sixth Amendment right to a speedy trial applies to prosecutions in the federal courts and to state prosecutions through the Fourteenth Amendment Due Process Clause. This constitutional right is probably the least favorite of the Bill of Rights, because it would satisfy most defendants if the government never - promptly or otherwise - disposed of their pending charges. One group of persons, though, who may regard the right to a speedy trial as important are convicted defendants currently serving sentences, but who have pending charges brought against them by other states or the federal government. For them, denying the …

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International Criminal Jurisdiction In The Twenty First Century: Rediscovering United States V. Bowman, Ellen S. Podgor, Daniel M. Filler Aug 2007

International Criminal Jurisdiction In The Twenty First Century: Rediscovering United States V. Bowman, Ellen S. Podgor, Daniel M. Filler

San Diego Law Review

In Part I of this Article, we provide a description of the facts and holding of United States v. Bowman. In Part II, we describe the ways in which lower courts have interpreted this decision. We point to various cases citing Bowman and show how these courts give exceedingly broad application to the holding - far broader application than the opinion warrants. Finally, in Part III, we discuss the ways in which the courts should read Bowman and demonstrate how this more accurate reading of the Court's decision is consistent with the realities of twenty-first century global economies. In doing …

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Striking A Balance In Unlawfully Obtained Confession Cases: United Kingdom Pragmatism Against Principle, Jenny Mcewan Aug 2007

Striking A Balance In Unlawfully Obtained Confession Cases: United Kingdom Pragmatism Against Principle, Jenny Mcewan

San Diego Law Review

In Part I of this Article, we provide a description of the facts and holding of United States v. Bowman. In Part II, we describe the ways in which lower courts have interpreted this decision. We point to various cases citing Bowman and show how these courts give exceedingly broad application to the holding - broader application than the opinion warrants. Finally, in Part III, we discuss the ways in which the courts should read Bowman and demonstrate how this more accurate reading of the Court's decision is consistent with the realities of twenty-first century global economies. In doing so, …

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The Prisoners’ (Plea Bargain) Dilemma, Oren Bar-Gill, Omri Ben-Shahar Jul 2007

The Prisoners’ (Plea Bargain) Dilemma, Oren Bar-Gill, Omri Ben-Shahar

Law & Economics Working Papers Archive: 2003-2009

How can a prosecutor, who has only limited resources, credibly threaten so many defendants with costly and risky trials and extract plea bargains involving harsh sentences? Had defendants refused to settle, many of them would not have been charged or would have escaped with lenient sanctions. But such collective stonewalling requires coordination among defendants, which is difficult if not impossible to attain. Moreover, the prosecutor, by strategically timing and targeting her plea offers, can create conflicts of interest among defendants, frustrating any attempt at coordination. The substantial bargaining power of the resource-constrained prosecutor is therefore the product of the collective …

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