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Criminal Procedure Commons™

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University of Arkansas Little Rock

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Articles 1 - 30 of 130

Full-Text Articles in Criminal Procedure

Immigration Interference: How Immigration Law Creates A Shadow Criminal Legal System, Matthew Vogel Jun 2025

Immigration Interference: How Immigration Law Creates A Shadow Criminal Legal System, Matthew Vogel

University of Arkansas at Little Rock Law Review

No abstract provided.


Criminal Procedure—Judicial Abuse Of Discretion And The Need For Legislative Intervention, Jeanette Morris Jun 2025

Criminal Procedure—Judicial Abuse Of Discretion And The Need For Legislative Intervention, Jeanette Morris

University of Arkansas at Little Rock Law Review

No abstract provided.


Compromised Guilt: Systemic Denial Of The Right To A Unanimous Verdict In Arkansas, Bryan Altman Mar 2025

Compromised Guilt: Systemic Denial Of The Right To A Unanimous Verdict In Arkansas, Bryan Altman

University of Arkansas at Little Rock Law Review

Currently, the State of Arkansas curiously stands alone in opposition to the rest of the nation when it comes to honoring the individual’s right to a unanimous verdict in a criminal trial. While never explicitly adopted by the Arkansas Supreme Court, Arkansas law has passively permitted two illegitimate practices to develop. First, prosecutors are permitted to submit evidence of multiple, separate acts to sustain a single criminal charge. Second, jurors are permitted to disregard factual disagreements and render patchwork verdicts, especially in the context of sex crime cases.

Arkansas practice and custom currently does not protect against a conviction based …


Criminal Procedure—Vega V. Dickerson—Miranda, Prophylactic Rules, And Article Iii Legitimacy, Alex Jackson Apr 2024

Criminal Procedure—Vega V. Dickerson—Miranda, Prophylactic Rules, And Article Iii Legitimacy, Alex Jackson

University of Arkansas at Little Rock Law Review

No abstract provided.


Criminal Procedure—"I Smell Marijuana”—Why Arkansas’S Categorical Authorization For A Warrantless Automobile Search Is Entirely Unreasonable, W. Jennings Stanley Jan 2023

Criminal Procedure—"I Smell Marijuana”—Why Arkansas’S Categorical Authorization For A Warrantless Automobile Search Is Entirely Unreasonable, W. Jennings Stanley

University of Arkansas at Little Rock Law Review

No abstract provided.


Criminal Procedure—Resolving The Circuit Split Regarding The Expectation Of Privacy In Mail Addressed With An Alias, Rachel Key Jan 2023

Criminal Procedure—Resolving The Circuit Split Regarding The Expectation Of Privacy In Mail Addressed With An Alias, Rachel Key

University of Arkansas at Little Rock Law Review

No abstract provided.


Criminal Procedure—Technology In The Modern Era: The Implications Of Carpenter V. United States And The Limits Of The Third-Party Doctrine As To Cell Phone Data Gathered Through Real-Time Tracking, Stingrays, And Cell Tower Dumps, Deepali Lal Jun 2022

Criminal Procedure—Technology In The Modern Era: The Implications Of Carpenter V. United States And The Limits Of The Third-Party Doctrine As To Cell Phone Data Gathered Through Real-Time Tracking, Stingrays, And Cell Tower Dumps, Deepali Lal

University of Arkansas at Little Rock Law Review

No abstract provided.


Criminal Law—The Federal Sentencing Guidelines: Examining The Physical Restraint Sentencing Enhancement, Drew Curtis Jun 2022

Criminal Law—The Federal Sentencing Guidelines: Examining The Physical Restraint Sentencing Enhancement, Drew Curtis

University of Arkansas at Little Rock Law Review

No abstract provided.


Disappearing Act: Arkansas’S Circularly-Defined Default, Judge Victor A. Fleming Apr 2020

Disappearing Act: Arkansas’S Circularly-Defined Default, Judge Victor A. Fleming

University of Arkansas at Little Rock Law Review

No abstract provided.


A Ticket To Jail: Do Minor Traffic Violations Result In Jail Time For Poor Arkansans?, Jessie Wallace Burchfield Apr 2020

A Ticket To Jail: Do Minor Traffic Violations Result In Jail Time For Poor Arkansans?, Jessie Wallace Burchfield

University of Arkansas at Little Rock Law Review

No abstract provided.


Is It Time For Arkansas To Consider Pretrial Reform?, Judge Cindy Grace Thyer Apr 2020

Is It Time For Arkansas To Consider Pretrial Reform?, Judge Cindy Grace Thyer

University of Arkansas at Little Rock Law Review

Approximately two-thirds of the national jail population consists of pretrial detainees––people who are constitutionally presumed innocent of the charges they are facing. Many, if not most, of these individuals are incarcerated because they are unable to post money bail. This article explores some of the complexities of pretrial release/detention reform. It begins with the history of bail from its early use in England through its grounding in each American state’s constitution, with special emphasis upon the reforms that have occurred in the American system of pretrial release since the 1920s. Drawing on information and experiences from states across the nation, …


Criminal Law—The Call For An Adequate Remedy: The Lack Of Deterrence And Judicial Consequences For Prosecutors Who Habitually Violate Batson, Altimease Lowe Jan 2020

Criminal Law—The Call For An Adequate Remedy: The Lack Of Deterrence And Judicial Consequences For Prosecutors Who Habitually Violate Batson, Altimease Lowe

University of Arkansas at Little Rock Law Review

No abstract provided.


Criminal Procedure—Jurisdictional Limitations On Federal Judges' Ability To Authorize Electronic Surveillance: A Cry For Congressional Guidance, Meredith A. Powell Apr 2019

Criminal Procedure—Jurisdictional Limitations On Federal Judges' Ability To Authorize Electronic Surveillance: A Cry For Congressional Guidance, Meredith A. Powell

University of Arkansas at Little Rock Law Review

No abstract provided.


Crossing The Line: Techniques Of Closing Argument That Are Out Of Bounds In Criminal Trials, Blake R. Mills Jan 2019

Crossing The Line: Techniques Of Closing Argument That Are Out Of Bounds In Criminal Trials, Blake R. Mills

University of Arkansas at Little Rock Law Review

No abstract provided.


The Right To Appeal In Comparative Perspective, Dražan Djukić Oct 2018

The Right To Appeal In Comparative Perspective, Dražan Djukić

The Journal of Appellate Practice and Process

Appellate procedures regarding the most serious crimes under domestic law are, in general, conducted differently in common law and civil law systems. This article reviews the differences concerning the primary facets of such proceedings, namely prosecutorial rights of appeal, access to appellate review, the scope of appellate review, the admission of additional evidence, appellate decisionmaking powers, and the functions of appellate review. It then explains that these differences result from dissimilar decisionmaking processes, degrees of adherence to the search for the truth, and sources of law.


A Proposal To Change Sentencing Appeals In Arkansas, Anthony L. Mcmullen Dec 2017

A Proposal To Change Sentencing Appeals In Arkansas, Anthony L. Mcmullen

University of Arkansas at Little Rock Law Review

No abstract provided.


When An Appeal Goes Wrong: A “Criminal Justice Nightmare”, David R. Dow, Jeffrey R. Newberry Oct 2017

When An Appeal Goes Wrong: A “Criminal Justice Nightmare”, David R. Dow, Jeffrey R. Newberry

The Journal of Appellate Practice and Process

No abstract provided.


“What Are My Chances On Appeal?” Comparing Full Appellate Decisions To Per Curiam Affirmances, Steven N. Gosney Oct 2017

“What Are My Chances On Appeal?” Comparing Full Appellate Decisions To Per Curiam Affirmances, Steven N. Gosney

The Journal of Appellate Practice and Process

No abstract provided.


When The United States Loses In A Criminal Case: The Government Appeal Process, Margaret D. Mcgaughey Oct 2017

When The United States Loses In A Criminal Case: The Government Appeal Process, Margaret D. Mcgaughey

The Journal of Appellate Practice and Process

No abstract provided.


Criminal Law—When The Pillow Talks: Arkansas's Rape Shield Statute Bars Dna Evidence Excluding The Defendant As The Source Of Semen. Thacker V. State, 2015 Ark. 406, 474 S.W.3d 65., Lacon Marie Smith Oct 2017

Criminal Law—When The Pillow Talks: Arkansas's Rape Shield Statute Bars Dna Evidence Excluding The Defendant As The Source Of Semen. Thacker V. State, 2015 Ark. 406, 474 S.W.3d 65., Lacon Marie Smith

University of Arkansas at Little Rock Law Review

No abstract provided.


Appellate Review Of Unpreserved Questions In Criminal Cases: An Attempt To Define The Interest Of Justice, Larry Cunningham Jul 2015

Appellate Review Of Unpreserved Questions In Criminal Cases: An Attempt To Define The Interest Of Justice, Larry Cunningham

The Journal of Appellate Practice and Process

No abstract provided.


Sweeping Down The Plain: A Modern Rule For Direct Review In Oklahoma Criminal Appeals, Bryan Lester Dupler Oct 2014

Sweeping Down The Plain: A Modern Rule For Direct Review In Oklahoma Criminal Appeals, Bryan Lester Dupler

The Journal of Appellate Practice and Process

No abstract provided.


The Demographic Dilemma In Death Qualification Of Capital Jurors, J. Thomas Sullivan Oct 2014

The Demographic Dilemma In Death Qualification Of Capital Jurors, J. Thomas Sullivan

Law Faculty Scholarship

No abstract provided.


Presumed Guilty, Terrence Cain Nov 2013

Presumed Guilty, Terrence Cain

Law Faculty Scholarship

It would probably surprise the average American to learn that prosecutors need only prove guilt beyond a reasonable doubt sometimes. Although the Due Process Clauses of the Constitution require that the government prove each element of an alleged criminal offense beyond a reasonable doubt, the use of statutory presumptions has relieved the government of this responsibility, and in some cases, has even shifted the burden to the defendant to disprove the presumption. Likewise, the Sixth Amendment grants a criminal defendant the right to have the jury and the jury alone determine whether the government has met its burden and ultimately …


Nearing Thirty Years: The Burger Court, Strickland V. Washington, And The Parameters Of The Right To Counsel, Joshua Kastenberg Oct 2013

Nearing Thirty Years: The Burger Court, Strickland V. Washington, And The Parameters Of The Right To Counsel, Joshua Kastenberg

The Journal of Appellate Practice and Process

No abstract provided.


Sentence Appeals In England: Promoting Consistent Sentencing Through Robust Appellate Review, Briana Lynn Rosenbaum Apr 2013

Sentence Appeals In England: Promoting Consistent Sentencing Through Robust Appellate Review, Briana Lynn Rosenbaum

The Journal of Appellate Practice and Process

No abstract provided.


Constitutional Law—Sixth Amendment—Braving Confrontation: Arkansas’S Progressive Position Regarding Criminal Defendants’ Confrontation Rights At Sentencing, Cassie R. Howell Apr 2013

Constitutional Law—Sixth Amendment—Braving Confrontation: Arkansas’S Progressive Position Regarding Criminal Defendants’ Confrontation Rights At Sentencing, Cassie R. Howell

University of Arkansas at Little Rock Law Review

No abstract provided.


Brady, Arkansas Rule 17.1, And Disclosure Of Scientific Evidence And Expert Opinion, J. Thomas Sullivan Jan 2013

Brady, Arkansas Rule 17.1, And Disclosure Of Scientific Evidence And Expert Opinion, J. Thomas Sullivan

University of Arkansas at Little Rock Law Review

The United States Constitution as well as state procedural rules require prosecutorial authorities to disclose evidence to the defense as a means for ensuring fairness in the prosecution of individuals charged with criminal offenses. When prosecutorial authorities fail to disclose evidence as required, the integrity of the criminal justice system is threatened and the defense is unable to adequately prepare for trial. This threat is illustrated and magnified by the substantiation of prosecutorial misconduct claims in high profile trials where prosecutors have been unable to resist the temptation not to disclose evidence that could damage the prosecution's case, or, where …


Brady, Arkansas Rule 17.1, And Disclosure Of Scientific Evidence And Expert Opinion, J. Thomas Sullivan Jan 2013

Brady, Arkansas Rule 17.1, And Disclosure Of Scientific Evidence And Expert Opinion, J. Thomas Sullivan

Law Faculty Scholarship

No abstract provided.


Furman, After Four Decades, J. Thomas Sullivan Jan 2013

Furman, After Four Decades, J. Thomas Sullivan

Law Faculty Scholarship

Problems of racial discrimination in the imposition of capital sentences, disclosure of misconduct by prosecutors and police, inconsistency in the quality of defense afforded capital defendants, exoneration of death row inmates due to newly available DNA testing, and, most recently, controversies surrounding the potential for cruelty in the execution process itself continue to complicate views about the morality, legality, and practicality of reliance on capital punishment to address even the most heinous of homicide offenses. Despite repeated efforts by the Supreme Court to craft a capital sentencing framework that ensures that death sentences be imposed fairly in light of the …