Criminal Procedure Commons^™

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 Role Of Race-Based Jury Nullification In American Criminal Justice: Foreword, 30 J. Marshall L. Rev. 907 (1997), Timothy P. O'Neill

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.

Greek Letter Subculture, Adrien D. Scales

Theses, Dissertations and Capstones

In this study, surveys were administered to a sample of 90 Undergraduate students on the campus of Marshall University, for the Second Summer Term off 1997, for the purpose of exploring the environmental components that support conditions favorable to the development of subculture groups similar to gangs. For the purpose of this study, students were classified into two different groups, members of Greek letter organization and nonmembers of Greek letter organizations.

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 …

Disparate Effects In The Criminal Justice System: A Response To Randall Kennedy's Comment And Its Legacy, Janai S. Nelson

Faculty Publications

For many African Americans, the criminal justice system symbolizes an oppressive force, and yet, is a necessary institution in an increasingly lawless society. African Americans are at the same time its victims and beneficiaries, although various sentiments exist regarding the extent to which they are either. It is precisely this paradox, coupled with the promulgation of certain criminal legislation and legal precedent which directly and, potentially, adversely affect the African-American community that inspired the author to address the issues and arguments raised in Randall Kennedy's The State, Criminal Law, and Racial Discrimination: A Comment, 107 Harv. L. Rev. 1255 (1994), …

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

The Failure Of The Criminal Procedure Revolution: A Response, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.

Annual Survey Of Virginia Law: Criminal Law And Procedure, Betty Layne Desportes, Steven D. Benjamin

University of Richmond Law Review

This article discusses holdings and trends in the published cases of the Virginia Court of Appeals and the Supreme Court of Virginia from August 1996 to July 1997. Although the form of this article generally follows the same form used by prior authors, several subject headings have been renamed to reflect the current focus of the courts. For example, during this period the court of appeals grappled with the "community caretaker" doctrine, bifurcated sentencing proceedings in felony cases, jury selection, and various hearsay exceptions. The supreme court addressed an indigent defendant's right to expert assistance, administrative license suspensions, and speedy …

Whoever Fights Monsters Should See To It That In The Process He Does Not Become A Monster: Hunting The Sexual Predator With Silver Bullets -- Federal Rules Of Evidence 413-415 -- And A Stake Through The Heart -- Kansas V. Hendricks, Joelle A. Moreno

Faculty Publications

No abstract provided.

Race And Criminal Justice, Richard B. Collins

Publications

No abstract provided.

The Jury As Catalyst For The Reform Of Criminal Evidentiary Procedure In Continental Europe: The Cases Of Russia And Spain, Stephen C. Thaman

All Faculty Scholarship

This paper focuses on the dialectic between the search for truth, adversarial procedure, and lay participation in the preparation, presentation, and evaluation of evidence in criminal trials. Its primary focus is on the reintroduction of trial by jury in two classic inquisitorial criminal justice systems, Russia (1993) and Spain (1995), as a catalyst in those countries’ move to adversary procedure. It focuses on the effect of the jury system on preparing evidence for trial, the presentation of evidence at trial, and the evaluation of evidence.

A Case Of Misplaced Priorities: A Proposed Solution To Resolve The Apparent Conflict Between Sections 507 And 1113 Of The Bankruptcy Code, Steven Kropp

Cardozo Law Review

A single corporate bankruptcy is like a pebble thrown into a pond: the ripples keep extending out. Every bankruptcy filing has negative consequences for the corporation's creditors, including its workers. Indeed, a corporate bankruptcy may push many small creditors over the financial brink and even force some of them to file for bankruptcy.

Waiting For The Verdict On Spain's New Jury System, Stephen C. Thaman

All Faculty Scholarship

This article discusses Spain’s history of trial by jury, focusing on the reinstatement of trial by jury in Spain by the 1995 jury legislation implementing Article 125 of the post-Franco Spanish Constitution. It discusses key provisions of the new Spanish jury law with illustrations from the cases of Otegi and others. It also predicts as to whether the classic jury will acquit itself as a catalyst for criminal justice reform in a Civil Law system such as that of Spain.

The Evolution Of Adolescence: A Developmental Perspective On Juvenile Justice Reform, Elizabeth S. Scott, Thomas Grisso

Faculty Scholarship

The legal response to juvenile crime is undergoing revolutionary change, and its ultimate shape is uncertain. The traditional juvenile court, grounded in optimism about the potential for rehabilitation of young offenders, has long been the target of criticism, and even its defenders have been forced to acknowledge that it has failed to meet its objectives. Beginning in the late 1960s, when the Supreme Court introduced procedural regularity to delinquency proceedings in In re Gault, courts and legislatures began to slowly chip away at the foundations of the juvenile justice system. Recent developments have accelerated and intensified that process, as …

The Role Of Criminal Law In Policing Corporate Misconduct, Gerard E. Lynch

Faculty Scholarship

In the early 1990s, I spent a couple of years as Chief of the Criminal Division in the Office of the U.S. Attorney for the Southern District of New York. One of my principal responsibilities was to hear "appeals" from defense lawyers, usually, although not exclusively, in white collar crime cases. These lawyers felt that their clients should not be indicted, or that the plea offer they had received from the prosecutor in charge of the case was unduly severe. Sometimes their arguments were essentially factual contentions that the government had the wrong take on the evidence – that the …

Representing Black Male Innocence, Joan W. Howarth

Scholarly Works

This Article is a case study of a California capital case. Drawing on cultural studies, the first part develops the social construction of Black male gang member, especially as that identity is understood within white imaginations. The powerful and frightening idea of a Black man who is a gang member, even gang leader, captured the imagination and moral passion of the decisionmakers in this case, recasting and reframing the evidence in furtherance of this idea. In fundamental ways, this idea or imposed identity is fundamentally inconsistent with any American concept of innocence.

The second part uses the case to investigate …

Violence Against Aboriginal Women In Australia: Possibilities For Redress Within The International Human Rights Framework, Penelope Andrews

Articles & Chapters

This Article addresses the issue of violence against Aboriginal women. Part I concerns the historical violenceagainst Aboriginal people generally, and Part II concerns violence against Aboriginal women in particular. Part III considers how the priorities and perspectives of Aboriginal women and non-Aboriginal women differ insignificant ways despite their congruence in others. In particular, the Article evaluates the awkward relationship between Aboriginal women and the largely white feminist movement in Australia as a consequence of these different priorities and perspectives, and suggests how political victories for white or non-Aboriginal women could be translated into gains for Aboriginal women. The fourth part …

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

Touro Law Review

No abstract provided.

An American Prosecutor's View Of Romanian Criminal Justice, James A. Goldston

Touro Law Review

No abstract provided.

Criminal History And The Purposes Of Sentencing, Aaron J. Rappaport

Faculty Scholarship

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 …

Criminal Law And Procedure: A Two-Year Survey, James P. Fleissner

Mercer Law Review

During the two-year survey period, the Georgia Court of Appeals and the Georgia Supreme Court issued well over a thousand published opinions addressing issues of criminal law and procedure.' The primary purpose of this Article is to summarize judicial decisions constituting noteworthy developments in the law. Given the scope of survey, the constraint of limited space imposed difficult choices concerning what to include. As in past years, this survey will focus on highlights, such as cases of first impression and cases presenting close or controversial issues. The Author hopes this Article will provide useful information for busy practitioners seeking to …

Comment On Judith Schafer’S “Under The Present Mode Of Trial, Improper Verdicts Are Very Often Given”: Criminal Procedure In The Trials Of Slaves In Antebellum Louisiana, Peter Westen

Cardozo Law Review

This Response to Professor Schafer's essay, "Under the Present Mode of Trial, Improper Verdicts are Very Often Given": Criminal Procedure Trials of Slaves in Antebellum Louisiana, is divided into two parts. First, it raises some questions about the three things Professor Schafer attempts to do in her essay. Second, this Response discusses an issue that several commentators have remarked upon over the years-namely, that criminal procedure is the area of Southern slave law that has come closest to according slaves the same protections accorded to free persons.

Outlawing Outcasts: Comparative Perspectives On The Differing Functions Of The Criminal Law Of Slavery In The Americas, Robert J. Cottrol

Cardozo Law Review

This is a commentary on some issues raised by Anthony De V. Phillips's "Doubly Condemned": Adjustments to the Crime and Punishment Regime in the Late Slavery Period in the British Caribbean Colonies and Judith K. Schafer's "Under the Present Mode of Trial, Improper Verdicts are Very Often Given": Criminal Procedure Trials of Slaves in Antebellum Louisiana, both of which appear in this volume. Both discussions highlight the role of criminal law, procedure, and punishment in helping to sustain systems of African and Afro-American chattel slavery in New World societies. They provide interesting contrasts between civil and common law approaches to …

Comment On Judith Schafer’S “Under The Present Mode Of Trial, Improper Verdicts Are Very Often Give”: Criminal Procedure In The Trials Of Slaves In Antebellum Louisiana, Thomas D. Morris

Cardozo Law Review

Professor Schafer's study of the procedures and trials of slavery in antebellum Louisiana provides a superb foundation for an understanding of the criminal law of slavery. It is an understanding that we have long missed. This is particularly true in terms of the trials in the special slave courts (especially the trials of serious crimes in the First Judicial District Court in New Orleans) that were not appealed to the state supreme court after 1846, when appeals were allowed in criminal cases. Professor Schafer, our leading student of nineteenth-century Louisiana slave law, has covered the criminal cases that were appealed …

“Under The Present Mode Of Trial, Improper Verdicts Are Very Often Given”: Criminal Procedure In The Trials Of Slaves In Antebellum Louisiana, Judith Kelleher Schafer

Cardozo Law Review

When Louisiana became an American possession in 1803, a primary concern of the new territorial government and its inhabitants was what kind of law would be most appropriate to provide stability and maintain order in a heterogeneous population composed of free persons of French, Spanish, and American ancestry, those of African origin, free and slave, American Indians, and various combinations of these cultures and races.

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 …