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Kentucky Law Journal

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Articles 1 - 30 of 165

Full-Text Articles in Criminal Procedure

Kentucky's Alford Predicament: The Case For Curbing Qualified Guilty Pleas In The Commonwealth, Ben Whatley Aug 2026

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 Dec 2025

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 Dec 2025

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 Nov 2025

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 Nov 2025

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 Nov 2025

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 Nov 2025

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 Nov 2025

Mandatory Public Defense, Sanders Platt

Kentucky Law Journal

No abstract provided.


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 Nov 2025

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 Oct 2025

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 Jan 2025

Incarceration Reimagined: A Diversionary Option For Serious Felony Offenders, Jane Mitchell

Kentucky Law Journal

No abstract provided.


Why Use A Hammer When A Scalpel Will Do? Suggestions For Fairer Juvenile Plea Bargaining In Kentucky, Aaron Wallace Meek Jan 2020

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 Jan 2020

Up In The Air: Venue Must Remain Grounded In The Constitution, Jameson L. Gay

Kentucky Law Journal

No abstract provided.


Recognized Right Or Open Question? An Exploration Of Johnson And Its Progeny, Richard Simpson Jan 2019

Recognized Right Or Open Question? An Exploration Of Johnson And Its Progeny, Richard Simpson

Kentucky Law Journal

No abstract provided.


How To Instruct The Jury On Stipulations Of Fact In Federal Criminal Cases, Linsey K. Hogg Jan 2018

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. Jan 2017

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 Jan 2017

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 Jan 2016

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 Jan 2016

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 Jan 2016

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 …


Text Me: A Text-Based Interpretation Of 28 U.S.C. § 2255(E), Jennifer L. Case Jan 2014

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 Jan 2013

Toward A Common Law Of Plea Bargaining, Wesley Macneil Oliver

Kentucky Law Journal

No abstract provided.


Closing The Door On Subjective Reasonableness: Evaluating Police-Created Exigencies And The Issues With The Doctrinal Shift To Objectivity In Warrantless Searches, Gordon L. Mowen Ii Jan 2013

Closing The Door On Subjective Reasonableness: Evaluating Police-Created Exigencies And The Issues With The Doctrinal Shift To Objectivity In Warrantless Searches, Gordon L. Mowen Ii

Kentucky Law Journal

No abstract provided.


Reconsidering State Parole Board Membership Requirements In Light Of Model Penal Code Sentencing Revisions, Stefan J. Bing Jan 2012

Reconsidering State Parole Board Membership Requirements In Light Of Model Penal Code Sentencing Revisions, Stefan J. Bing

Kentucky Law Journal

No abstract provided.


Drawing The Line At Pushing "Play": Barring Video Montages As Victim Impact Evidence At Capital Sentencing Trials, Alicia N. Harden Jan 2011

Drawing The Line At Pushing "Play": Barring Video Montages As Victim Impact Evidence At Capital Sentencing Trials, Alicia N. Harden

Kentucky Law Journal

No abstract provided.


Cost Conscious Justice: The Case For Wholly-Informed Discretionary Sentencing In Kentucky, Emily M. Grant Jan 2011

Cost Conscious Justice: The Case For Wholly-Informed Discretionary Sentencing In Kentucky, Emily M. Grant

Kentucky Law Journal

No abstract provided.


The Disregarding Of The Rehabilitative Spirit Of Juvenile Codes: Addressing Resentencing Hearings In Blended Sentencing Schemes, Grace Shear Jan 2010

The Disregarding Of The Rehabilitative Spirit Of Juvenile Codes: Addressing Resentencing Hearings In Blended Sentencing Schemes, Grace Shear

Kentucky Law Journal

No abstract provided.


Deferring Ineffectiveness Claims To Collateral Review: Ensuring Equal Access And A Right To Appointed Counsel, Thomas M. Place Jan 2009

Deferring Ineffectiveness Claims To Collateral Review: Ensuring Equal Access And A Right To Appointed Counsel, Thomas M. Place

Kentucky Law Journal

No abstract provided.


Drug Law Reform--Retreating From An Incarceration Addiction, Robert G. Lawson Jan 2009

Drug Law Reform--Retreating From An Incarceration Addiction, Robert G. Lawson

Kentucky Law Journal

No abstract provided.


The Undiscovered Country: Execution Competency & Comprehending Death, Jeffrey L. Kirchmeier Jan 2009

The Undiscovered Country: Execution Competency & Comprehending Death, Jeffrey L. Kirchmeier

Kentucky Law Journal

No abstract provided.