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Articles 91 - 120 of 127
Full-Text Articles in Criminal Procedure
State Searches, Federal Cases, And Choice Of Law: Just A Little Respect, John B. Corr
State Searches, Federal Cases, And Choice Of Law: Just A Little Respect, John B. Corr
Pepperdine Law Review
No abstract provided.
Mandatory Chemical Castration For Perpetrators Of Sex Offenses Against Children: Following California's Lead, Peter J. Gimino Iii
Mandatory Chemical Castration For Perpetrators Of Sex Offenses Against Children: Following California's Lead, Peter J. Gimino Iii
Pepperdine Law Review
No abstract provided.
Wading In The Sargasso Sea: The Double Jeopardy Clause, Non-Capital Sentencing Proceedings, And California's "Three Strikes" Law Collide In Monge V. California, Michael Kline
Pepperdine Law Review
No abstract provided.
Substance And Method In The Year 2000, Akhil Reed Amar
Substance And Method In The Year 2000, Akhil Reed Amar
Pepperdine Law Review
No abstract provided.
Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky
Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky
Pepperdine Law Review
No abstract provided.
The Fourth Amendment And The Stored Communications Act: Why The Warrantless Gathering Of Historical Cell Site Location Information Poses No Threat To Privacy , Kyle Malone
Pepperdine Law Review
No abstract provided.
The Propriety Of Jury Questioning: A Remedy For Perceived Harmless Error, Laurie Forbes Neff
The Propriety Of Jury Questioning: A Remedy For Perceived Harmless Error, Laurie Forbes Neff
Pepperdine Law Review
No abstract provided.
Breaking The Seal On White-Collar Criminal Search Warrant Materials , David Horan
Breaking The Seal On White-Collar Criminal Search Warrant Materials , David Horan
Pepperdine Law Review
No abstract provided.
Individual Autonomy Versus Community: Is It All Or Nothing? An Analysis Of City Of Chicago V. Morales , Keasa Hollister
Individual Autonomy Versus Community: Is It All Or Nothing? An Analysis Of City Of Chicago V. Morales , Keasa Hollister
Pepperdine Law Review
No abstract provided.
Wilson V. Layne: Increasing The Scope Of The Fourth Amendment Right To Privacy, Ashlea Wright
Wilson V. Layne: Increasing The Scope Of The Fourth Amendment Right To Privacy, Ashlea Wright
Pepperdine Law Review
No abstract provided.
Apprendi V. New Jersey, The Scaling Back Of The Sentencing Factor Revolution And The Resurrection Of Criminal Defendant Rights, How Far Is Too Far?, Analisa Swan
Pepperdine Law Review
No abstract provided.
Trial Objections From Beginning To End: The Handbook For Civil And Criminal Trials, Craig Lee Montz
Trial Objections From Beginning To End: The Handbook For Civil And Criminal Trials, Craig Lee Montz
Pepperdine Law Review
No abstract provided.
White-Collar Crime: Why The Sentencing Disparity Despite Uniform Guidelines?, Jon J. Lambiras
White-Collar Crime: Why The Sentencing Disparity Despite Uniform Guidelines?, Jon J. Lambiras
Pepperdine Law Review
No abstract provided.
The Fifth Amendment Right Against Self-Incrimination: An In-Depth Look At Mckune V. Lile, Heidi Feldman
The Fifth Amendment Right Against Self-Incrimination: An In-Depth Look At Mckune V. Lile, Heidi Feldman
Pepperdine Law Review
No abstract provided.
Tortured History: Finding Our Way Back To The Lost Origins Of The Eighth Amendment, Celia Rumann
Tortured History: Finding Our Way Back To The Lost Origins Of The Eighth Amendment, Celia Rumann
Pepperdine Law Review
No abstract provided.
Alabama V. Shelton: One Small Step For Man, One Very Small Step For The Sixth Amendment's Right To Counsel, Joshua S. Stambaugh
Alabama V. Shelton: One Small Step For Man, One Very Small Step For The Sixth Amendment's Right To Counsel, Joshua S. Stambaugh
Pepperdine Law Review
No abstract provided.
Ring V. Arizona: The Sixth And Eighth Amendments Collide: Out Of The Wreckage Emerges A Constitutional Safeguard For Capital Defendants, Jason E. Barsanti
Ring V. Arizona: The Sixth And Eighth Amendments Collide: Out Of The Wreckage Emerges A Constitutional Safeguard For Capital Defendants, Jason E. Barsanti
Pepperdine Law Review
No abstract provided.
Accomplice Confessions And The Confrontation Clause: Crawford V. Washington Confronts Past Issues With A New Rule, Kjirstin Graham
Accomplice Confessions And The Confrontation Clause: Crawford V. Washington Confronts Past Issues With A New Rule, Kjirstin Graham
Pepperdine Law Review
No abstract provided.
Have We Come Full Circle? Judicial Sentencing Discretion Revived In Booker And Fanfan, Sandra D. Jordan
Have We Come Full Circle? Judicial Sentencing Discretion Revived In Booker And Fanfan, Sandra D. Jordan
Pepperdine Law Review
The much anticipated Supreme Court decision in United States v. Booker and Fanfan has both invalidated the mandatory nature of the federal Sentencing Guidelines as well as restored judicial discretion for federal judges. With the Booker decision there is a renewed opportunity to correct some of the imbalance that came about as a result of the mandatory guidelines and the sentencing policies of the past twenty years. Booker has implications for all future sentencing as the power between the judiciary and the jury has been realigned and the power of the government has been reduced. Sentencing cannot accomplish legitimate goals …
You Have The Right To Remain Silent. Now Please Repeat Your Confession: Missouri V. Seibert And The Court's Attempt To Put An End To The Question-First Technique, Eric English
Pepperdine Law Review
No abstract provided.
"What Hath Hiibel Wrought?": The Constitutionality Of Compelled Self-Identification, Robert A. Hull
"What Hath Hiibel Wrought?": The Constitutionality Of Compelled Self-Identification, Robert A. Hull
Pepperdine Law Review
No abstract provided.
Criminal Justice, Akhil Reed Amar
Raising The Bar: How Rompilla V. Beard Represents The Court's Increasing Efforts To Impose Stricter Standards For Defense Lawyering In Capital Cases, Whitney Cawley
Pepperdine Law Review
No abstract provided.
Beyond The (Current) Fourth Amendment: Protecting Third-Party Information, Third Parties, And The Rest Of Us Too, Stephen E. Henderson
Beyond The (Current) Fourth Amendment: Protecting Third-Party Information, Third Parties, And The Rest Of Us Too, Stephen E. Henderson
Pepperdine Law Review
For at least thirty years the Supreme Court has adhered to its third-party doctrine in interpreting the Fourth Amendment, meaning that so far as a disclosing party is concerned, information in the hands of a third party receives no Fourth Amendment protection. The doctrine was controversial when adopted, has been the target of sustained criticism, and is the predominant reason that the Katz revolution has not been the revolution many hoped it would be. Some forty years after Katz the Court's search jurisprudence largely remains tied to property conceptions. As I have demonstrated elsewhere, however, the doctrine is not the …
Casting A Wider Net: Another Decade Of Legislative Expansion Of The Death Penalty In The United States, Jeffrey L. Kirchmeier
Casting A Wider Net: Another Decade Of Legislative Expansion Of The Death Penalty In The United States, Jeffrey L. Kirchmeier
Pepperdine Law Review
During the last decade, judges, politicians, scholars, and the general public have become troubled about problems with the death penalty in the United States. Also during this time, major studies of the death penalty have recommended a reduction in the number of statutory factors that make one eligible for the death penalty. Despite these concerns, legislatures continue to expand their capital punishment statutes to make more defendants eligible for the death penalty. This Article examines how, during a time of growing concern about innocence and arbitrariness in the death penalty system, a number of legislatures have continued to expand their …
Criminal Justice, Vikram Amar
Cutting The Cord: Ho'oponopono And Hawaiian Restorative Justice In The Criminal Law Context , Andrew J. Hosmanek
Cutting The Cord: Ho'oponopono And Hawaiian Restorative Justice In The Criminal Law Context , Andrew J. Hosmanek
Pepperdine Dispute Resolution Law Journal
Ho'oponopono is a traditional Hawaiian dispute resolution system that has recently experienced a resurgence of interest. The word ho'oponopono literally means to make right. In this system, both the offender and victim participate in a type of guided mediation along with other stakeholders in the offense. Ho'oponopono is different from typical mediations because after the session is successfully completed, the participants figuratively cut the cord of legal and psychological entanglement which binds them - in other words, the dispute is put to rest forever. When victim and offender come to a true resolution of the problem, and jointly make the …
Shame By Any Other Name: Lessons For Restorative Justice From The Principles, Traditions And Practices Of Alcoholics Anonymous , Victoria Pynchon
Shame By Any Other Name: Lessons For Restorative Justice From The Principles, Traditions And Practices Of Alcoholics Anonymous , Victoria Pynchon
Pepperdine Dispute Resolution Law Journal
Because the painful experience of shame is believed to deter anti-social and criminal conduct, it has long been a staple of our criminal justice system. Its purpose has been to accomplish moral education about the wrongfulness of the crime and to prevent its occurrence through social and self-disapproval. In criminal ADR or "restorative justice" circles, the beneficial effects of "reintegrative" shame are meant to be accomplished by a "restorative justice conference" or "victim-offender mediation" ("VOMS"). These VOMs bring together victims and their loved ones; offenders and their friends and family; and, caring members of the community for the purpose of …
The Gacaca Experiment: Rwanda's Restorative Dispute Resolution Response To The 1994 Genocide, Jessica Raper
The Gacaca Experiment: Rwanda's Restorative Dispute Resolution Response To The 1994 Genocide, Jessica Raper
Pepperdine Dispute Resolution Law Journal
Since its rise to power in July of 1994, the Rwandan government has been committed to prosecuting all those accused of genocide. To prosecute the approximately 130,000 defendants, Rwanda has adopted a program called gacaca, based on Rwanda's traditional customary dispute resolution system. The gacaca law provides a reconciliation component that allows defendants to trade confessions of past genocide crimes for indemnification, as well as a prosecution component that holds the most serious offenders accountable in a Western style prosecution in a formal court of law. One of the main goals of gacaca is to end the so-called "culture …
Cudgel Or Carrot: How Roper V. Simmons Will Affect Plea Bargaining In The Juvenile System , D. Brian Woo
Cudgel Or Carrot: How Roper V. Simmons Will Affect Plea Bargaining In The Juvenile System , D. Brian Woo
Pepperdine Dispute Resolution Law Journal
In 2005, the United States Supreme Court held, in Roper v. Simmons, that the execution of convicted juveniles violated the Eighth Amendment's prohibition on cruel and unusual punishment. In addressing the issue, the Court determined that a national consensus had developed against the execution of juveniles. Ultimately, a majority of the court decided that a national public consensus had been reached against the execution of juveniles under 18 in age. With Roper, no longer can juveniles of any age be executed. This decision will undoubtedly affect the entire juvenile penal system, from how cases enter the system, to …