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Articles 1 - 30 of 192
Full-Text Articles in Criminal Procedure
Kentucky's Alford Predicament: The Case For Curbing Qualified Guilty Pleas In The Commonwealth, Ben Whatley
Kentucky's Alford Predicament: The Case For Curbing Qualified Guilty Pleas In The Commonwealth, Ben Whatley
Kentucky Law Journal
No abstract provided.
Just A Place Or A Just Place?: Domestic Violence, Urban-Rural Differences, And Access To Justice, Cassie Chambers Armstrong
Just A Place Or A Just Place?: Domestic Violence, Urban-Rural Differences, And Access To Justice, Cassie Chambers Armstrong
Kentucky Law Journal
No abstract provided.
Prosecutorial Discretion And Digital Democracy, Erin Sheley
Prosecutorial Discretion And Digital Democracy, Erin Sheley
Kentucky Law Journal
No abstract provided.
Fighting Death: A Critique Of Kentucky's Death Penalty System, Pamela R. Goodwine
Fighting Death: A Critique Of Kentucky's Death Penalty System, Pamela R. Goodwine
Kentucky Law Journal
No abstract provided.
For One Or For All: Who Gets The Benefits Of The First Step Act?, Andrew Edwards
For One Or For All: Who Gets The Benefits Of The First Step Act?, Andrew Edwards
Kentucky Law Journal
No abstract provided.
The Myth Of Fundamental Decisions, Michael D. Cicchini
The Myth Of Fundamental Decisions, Michael D. Cicchini
Kentucky Law Journal
No abstract provided.
The Paradox Of Barring Early-Release Defendants From Section 1983 Relief, Emily M. Puckett
The Paradox Of Barring Early-Release Defendants From Section 1983 Relief, Emily M. Puckett
Kentucky Law Journal
No abstract provided.
Mandatory Public Defense, Sanders Platt
Objective Deliberate Indifference Only: Pretrial Detainees' Fourteenth Amendment Substantive Due Process Rights Demand Protection In The Context Of Mental Illness And Substance Use Disorder, Jessica Lewis
Kentucky Law Journal
No abstract provided.
Incorporation By Any Other Name? Comparing Congress' Federalization Of Tribal Court Criminal Procedure With The Supreme Court's Regulation Of State Courts, Jordan Gross
Kentucky Law Journal
No abstract provided.
Incarceration Reimagined: A Diversionary Option For Serious Felony Offenders, Jane Mitchell
Incarceration Reimagined: A Diversionary Option For Serious Felony Offenders, Jane Mitchell
Kentucky Law Journal
No abstract provided.
How Grand Jury Secrecy And Bias Protects And Perpetuates Police-Suspect Impunity, Ilana M. Friedman
How Grand Jury Secrecy And Bias Protects And Perpetuates Police-Suspect Impunity, Ilana M. Friedman
Law Faculty Scholarly Articles
This Article proceeds in four parts. Part I introduces the theoretical frameworks for various questions involving police-suspect grand juries, including the structure and function of contemporary grand juries, the law surrounding examinations into an officer’s use of force, modern prosecutorial influences, findings from social psychologists on the impacts of diversity on jury decision-making practices, and how police-suspect grand juries implicate unique political pressures.
Part II presents a description of original methods of data collection. To investigate this setting, forty-seven in-depth, semi-structured interviews with twenty-one respondents in five field sites around the country was conducted. Respondents included civilians and legal
professionals …
A Critical Assessment Of The First Step Act's Recidivism-Reduction Measures, Raquel Wilson
A Critical Assessment Of The First Step Act's Recidivism-Reduction Measures, Raquel Wilson
Law Faculty Scholarly Articles
The First Step Act of 2018 (“FSA”) is the most impactful federal sentencing reform of the past 40 years. While the Act represents a partial resurgence of the rehabilitative model of imprisonment, which had fallen out of favor decades before, it also represents a missed opportunity to fully integrate evidence-based rehabilitation programs for those offenders who pose the greatest risks to public safety.
The public has a strong interest in reducing recidivism, particularly among violent offenders, most of whom will be released from federal prison eventually. The FSA incentivizes participation in evidence-based, recidivism-reducing programs offered by the Bureau of Prisons …
Invoking Criminal Equity's Roots, Cortney Lollar
Invoking Criminal Equity's Roots, Cortney Lollar
Law Faculty Scholarly Articles
Equitable remedies have begun to play a critical role in addressing
some of the systemic issues in criminal cases. Invoked when other
solutions are inadequate to the fair and just resolution of the case,
equitable remedies, such as injunctions and specific performance,
operate as an unappreciated and underutilized safety valve that
protects against the procedural strictures and dehumanization that are
hallmarks of our criminal legal system. Less familiar equitable-like
legal remedies, such as writs of mandamus, writs of coram nobis, and
writs of audita querela, likewise serve to alleviate fundamental errors
in the criminal process. Several barriers contribute to the …
Judicial Elections, Public Opinion, And Their Impact On State Criminal Justice Policy, Travis N. Taylor
Judicial Elections, Public Opinion, And Their Impact On State Criminal Justice Policy, Travis N. Taylor
Theses and Dissertations--Political Science
This dissertation explores whether and how the re-election prospects faced by trial court judges in many American states influence criminal justice policy, specifically, state levels of incarceration, as well as the disparity in rates of incarceration for Whites and Blacks. Do states where trial court judges must worry about facing reelection tend to encourage judicial behavior that results in higher incarceration rates? And are levels of incarceration and racial disparities in the states influenced by the proportion of the state publics who want more punitive policies? These are clearly important questions because they speak directly to several normative and empirical …
Why Use A Hammer When A Scalpel Will Do? Suggestions For Fairer Juvenile Plea Bargaining In Kentucky, Aaron Wallace Meek
Why Use A Hammer When A Scalpel Will Do? Suggestions For Fairer Juvenile Plea Bargaining In Kentucky, Aaron Wallace Meek
Kentucky Law Journal
No abstract provided.
Up In The Air: Venue Must Remain Grounded In The Constitution, Jameson L. Gay
Up In The Air: Venue Must Remain Grounded In The Constitution, Jameson L. Gay
Kentucky Law Journal
No abstract provided.
Reviving Criminal Equity, Cortney Lollar
Reviving Criminal Equity, Cortney Lollar
Law Faculty Scholarly Articles
Recent scholarship has begun to take note of a resurgence of equity in civil cases. Due to a long-accepted premise that equity does not apply in criminal cases, no one has examined whether this quiet revival is occurring in criminal jurisprudence as well. After undertaking such an investigation, this Article uncovers the remarkable discovery that equitable remedies, including injunctions and specific performance, are experiencing a resurgence in both federal and state criminal jurisprudence. Courts have granted equitable relief in a range of scenarios, providing reprieve from unconstitutional bail and probation practices and allowing for an appropriate remedy to ineffective assistance …
Recognized Right Or Open Question? An Exploration Of Johnson And Its Progeny, Richard Simpson
Recognized Right Or Open Question? An Exploration Of Johnson And Its Progeny, Richard Simpson
Kentucky Law Journal
No abstract provided.
Book Review | Who Killed Betty Gail Brown? Murder, Mistrial, And Mystery, William H. Fortune
Book Review | Who Killed Betty Gail Brown? Murder, Mistrial, And Mystery, William H. Fortune
Law Faculty Popular Media
No abstract provided.
How To Instruct The Jury On Stipulations Of Fact In Federal Criminal Cases, Linsey K. Hogg
How To Instruct The Jury On Stipulations Of Fact In Federal Criminal Cases, Linsey K. Hogg
Kentucky Law Journal
No abstract provided.
Expanding Reach: The Importance Of Batson V. Kentucky Thirty Years On, Melynda J. Price J.D., Ph.D.
Expanding Reach: The Importance Of Batson V. Kentucky Thirty Years On, Melynda J. Price J.D., Ph.D.
Kentucky Law Journal
No abstract provided.
A Call To Criminal Courts: Record Rules For Batson, Catherine M. Grasso, Barbara O'Brien
A Call To Criminal Courts: Record Rules For Batson, Catherine M. Grasso, Barbara O'Brien
Kentucky Law Journal
No abstract provided.
The Use Of False Dna Evidence To Gain A Confession During Interrogation Is Classic Coercion: Why Such Coerced Confessions Should Not Be Admissible In A Criminal Trial, Andrea Reed
Kentucky Law Journal
No abstract provided.
Batson V. Kentucky Reflections Inspired By A Podcast, Nancy S. Marder
Batson V. Kentucky Reflections Inspired By A Podcast, Nancy S. Marder
Kentucky Law Journal
An episode of More Perfect, a podcast devoted to the US. Supreme Court, focused on Batson v. Kentucky, which just marked its thirtieth anniversary. This podcast serves as the starting point for reflections on Batson v. Kentucky, a case in which the Court maintained the peremptory challenge while trying to eliminate discriminatory peremptory challenges. The podcast contributes to our understanding of Batson in several ways. First, it allows listeners to hear from participants in the case and how they viewed their situation at the time. Second, it considers whether Batson has been effective in ridding jury selection …
Governmental Acquiescence In Private Party Searches: The State Action Inquiry And Lessons From The Federal Circuits, Eugene L. Shapiro
Governmental Acquiescence In Private Party Searches: The State Action Inquiry And Lessons From The Federal Circuits, Eugene L. Shapiro
Kentucky Law Journal
In an area characterized by a significant potential for governmental abuse, judicial examination of whether governmental acquiescence in a specific private party search constitutes state action, consequently subject to Fourth Amendment constraints, has often lacked appropriate focus and depth. An examination of the standards used among the federal circuits reveals prevalent approaches which identify the circumstances bearing upon the matter, but which address them under "multi-factored" totality of the circumstances standards. The result has too often been a lack of specificity in discussing the issues and a failure to provide needed clarity for law enforcement.
This article examines the analyses …
What Is Criminal Restitution?, Cortney E. Lollar
What Is Criminal Restitution?, Cortney E. Lollar
Law Faculty Scholarly Articles
A new form of restitution has become a core aspect of criminal punishment. Courts now order defendants to compensate victims for an increasingly broad category of losses, including emotional and psychological losses and losses for which the defendant was not found guilty. Criminal restitution therefore moves far beyond its traditional purpose of disgorging a defendant's ill-gotten gains. Instead, restitution has become a mechanism of imposing additional punishment. Courts, however, have failed to recognize the punitive nature of restitution and thus enter restitution orders without regard to the constitutional protections that normally attach to criminal proceedings. This Article deploys a novel …
Getting Jurors To Awesome, Cortney E. Lollar
Getting Jurors To Awesome, Cortney E. Lollar
Law Faculty Scholarly Articles
A 2011 American Bar Association report on the death penalty in Kentucky revealed that a shocking two-thirds of the 78 people sentenced to death in Kentucky since reinstatement of the death penalty in 1976 have had their sentences overturned on appeal. Kentucky’s reversal rate is more than twice the national average, with a 31% reversal rate in capital cases and almost four times the 17% national reversal rate in all other case types. With a sentence as irreversible as death, troubling does not begin to describe the depth of concern many experience when viewing such a startling statistic.
A closer …
Text Me: A Text-Based Interpretation Of 28 U.S.C. § 2255(E), Jennifer L. Case
Text Me: A Text-Based Interpretation Of 28 U.S.C. § 2255(E), Jennifer L. Case
Kentucky Law Journal
No abstract provided.
Toward A Common Law Of Plea Bargaining, Wesley Macneil Oliver
Toward A Common Law Of Plea Bargaining, Wesley Macneil Oliver
Kentucky Law Journal
No abstract provided.