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Articles 1081 - 1110 of 1364
Full-Text Articles in Criminal Procedure
The Public Safety Exception To Miranda: Analyzing Subjective Motivation, Marc Schuyler Reiner
The Public Safety Exception To Miranda: Analyzing Subjective Motivation, Marc Schuyler Reiner
Michigan Law Review
This Note argues, however, that the appropriate inquiry under Quarles is whether an actual and reasonable belief in an emergency motivated the interrogating officer. This Note proposes a two-prong test to facilitate this inquiry. The subjective motivation prong evaluates the officer's subjective motivation as revealed by objective factors: the. content of the officer's questions, when he asked them, and when the suspect received Miranda warnings. The objective reasonableness prong looks at the objective circumstances to determine the reasonableness of the officer's belief in an emergency.
Part I demonstrates that the Quarles opinion actually contemplates and requires analysis of the officer's …
Chopping Miranda Down To Size, Michael Chertoff
Chopping Miranda Down To Size, Michael Chertoff
Michigan Law Review
A Review of Confessions, Truth, and the Law by Joseph D. Grano
Improving Constitutional Criminal Procedure, Welsh S. White
Improving Constitutional Criminal Procedure, Welsh S. White
Michigan Law Review
A Review of The Failure of the Criminal Procedure Revolution by Craig M. Bradley
Williams V. Commonwealth 248 Va. 528,450 S.E.2d 365 (1994) Supreme Court Of Virginia
Williams V. Commonwealth 248 Va. 528,450 S.E.2d 365 (1994) Supreme Court Of Virginia
Capital Defense Journal
No abstract provided.
Strickler V. Murray 249 Va. 120, 452 S.E.2d 648 (1995) Supreme Court Of Virginia
Strickler V. Murray 249 Va. 120, 452 S.E.2d 648 (1995) Supreme Court Of Virginia
Capital Defense Journal
No abstract provided.
Not Holding The Balance Nice, Clear And True: The Right To An Impartial Judge, John M. Delprete
Not Holding The Balance Nice, Clear And True: The Right To An Impartial Judge, John M. Delprete
Capital Defense Journal
No abstract provided.
Schlup V. Delo 115 S. Ct. 851 (1995) United States Supreme Court
Schlup V. Delo 115 S. Ct. 851 (1995) United States Supreme Court
Capital Defense Journal
No abstract provided.
Stockton V. Murray 41 F.3d 920 (4th Cir. 1994) United States Court Of Appeals, Fourth Circuit
Stockton V. Murray 41 F.3d 920 (4th Cir. 1994) United States Court Of Appeals, Fourth Circuit
Capital Defense Journal
No abstract provided.
Weeks V. Commonwealth 248 Va. 460, 450 S.E.2d 379 (1994) Supreme Court Of Virginia
Weeks V. Commonwealth 248 Va. 460, 450 S.E.2d 379 (1994) Supreme Court Of Virginia
Capital Defense Journal
No abstract provided.
Cardwell V. Commonwealth 248 Va. 501, 450 S.E.2d 146 (1994) Supreme Court Of Virginia
Cardwell V. Commonwealth 248 Va. 501, 450 S.E.2d 146 (1994) Supreme Court Of Virginia
Capital Defense Journal
No abstract provided.
Wilson V. Commonwealth 249 Va. 95, 452 S.E.2d 669 (1995) Supreme Court Of Virginia
Wilson V. Commonwealth 249 Va. 95, 452 S.E.2d 669 (1995) Supreme Court Of Virginia
Capital Defense Journal
No abstract provided.
Beating A Potential Deathtrap: How To Preserve The Appellate Record For Federal Review And Avoid Virginia's Procedural Default, Kristopher E. Ahrend
Beating A Potential Deathtrap: How To Preserve The Appellate Record For Federal Review And Avoid Virginia's Procedural Default, Kristopher E. Ahrend
Capital Defense Journal
No abstract provided.
Leaving No Stone Unturned: Alternative Methods Of Discovery In Capital Cases, Timothy B. Heavner
Leaving No Stone Unturned: Alternative Methods Of Discovery In Capital Cases, Timothy B. Heavner
Capital Defense Journal
No abstract provided.
Burket V. Commonwealth: Don't Put All Your Defense Eggs In The Suppression Basket, Jody M. Bieber
Burket V. Commonwealth: Don't Put All Your Defense Eggs In The Suppression Basket, Jody M. Bieber
Capital Defense Journal
No abstract provided.
The "New And Improved" Federal Death Penalty: A Brief Guide, Peter F. Morgan
The "New And Improved" Federal Death Penalty: A Brief Guide, Peter F. Morgan
Capital Defense Journal
No abstract provided.
Privacy's Problem And The Law Of Criminal Procedure, William J. Stuntz
Privacy's Problem And The Law Of Criminal Procedure, William J. Stuntz
Michigan Law Review
Part I of this article addresses the connection between privacy-based limits on police authority and substantive limits on government power as a general matter. Part II briefly addresses the effects of that connection on Fourth and Fifth Amendment law, both past and present. Part ID suggests that privacy protection has a deeper problem: it tends to obscure more serious harms that attend police misconduct, harms that flow not from information disclosure but from the police use of force. The upshot is that criminal procedure would be better off with less attention to privacy, at least as privacy is defined in …
Response: The Problems With Privacy's Problem, Louis Michael Seidman
Response: The Problems With Privacy's Problem, Louis Michael Seidman
Michigan Law Review
A Response to William J. Stuntz's "Privacy's Problem and the Law of Criminal Procedure"
Reply, William J. Stuntz
Reply, William J. Stuntz
Michigan Law Review
A Reply to Louis Michael Seidman's Response
Section 1983 Litigation, Martin A. Schwartz