Criminal Procedure Commons^™

Miranda Is Not Enough: A New Justification For Demanding "Strong Corroboration" To A Confession, Boaz Sangero

Cardozo Law Review

No abstract provided.

Rethinking The Act Requirement, Douglas Husak

Cardozo Law Review

No abstract provided.

Holistic Culpability, Kimberly Kessler Ferzan

Cardozo Law Review

No abstract provided.

The Conundrum Of Mental States: Substantive Rules And Evidence Combined, Keren Shapira-Ettinger

Cardozo Law Review

No abstract provided.

Prohibiting Immoralities, John Gardner

Cardozo Law Review

No abstract provided.

Why Only The State May Inflict Criminal Sanctions: The Argument From Moral Burdens, Alon Harel

Cardozo Law Review

No abstract provided.

Tripartite Structures Of Criminal Law In Germany And Other Civil Law Jurisdictions, Russell L. Christopher

Cardozo Law Review

No abstract provided.

No, You May Not Search My Car! Extending Georgia V. Randolph To Vehicle Searches, Alex Chan

Washington Law Review

In Georgia v. Randolph, the United States Supreme Court announced that third-party consent does not always suffice to immunize the search of a residence from Fourth Amendment attack. Specifically, the Court held that a police search of a residence conducted pursuant to the consent of one occupant, but over the express refusal of a physically present co-occupant with common authority, is unreasonable as to the nonconsenting occupant under the Fourth Amendment. The Court did not indicate whether its holding also extended to searches of personal effects, such as vehicles, conducted pursuant to third-party consent. As a general principle, the …

The Challenge Of Implementing Atkins V. Virginia: How Legislatures And Courts Can Promote Accurate Assessments And Adjudications Of Mental Retardation In Death Penalty Cases, Richard J. Bonnie, Katherine Gustafson

University of Richmond Law Review

Our goal in this paper is to assist state courts and legislatures as they try to carry out the task that Atkins requires of them promoting fairness and accuracy in the assessment and adjudication of mental retardation. After addressing the definition ofmental retardation in Part I, we focus on its assessment in Parts II and III, highlighting several key requirements of a scientifi-cally and clinically adequate assessment.

Part II addresses the assessment of deficits in intellectual functioning, particularly on the measurement of intelligence as represented by an intelligence quotient. Appropriate IQ tests must be used, and the scores must be …

Improving Accuracy In Criminal Cases, Erik Lillquist

University of Richmond Law Review

No abstract provided.

Efforts To Improve The Illinois Capital Punishment System: Worth The Cost?, Thomas P. Sullivan

University of Richmond Law Review

No abstract provided.

The Meaning Of Life (Or Limb): An Originalist Proposal For Double Jeopardy Reform, Justin W. Curtin

University of Richmond Law Review

No abstract provided.

The Legal, Political, And Social Implications Of The Death Penalty, Hon. William W. Wilkins

University of Richmond Law Review

A recent national poll found that sixty-five percent of Americans favor the death penalty. That's down from eighty percent ten years ago. Moreover, the total favoring the death penalty dropped to fifty percent when those polled were asked to assume that thealternative to the death penalty was life in prison with no chance of parole. And, the number of death sentences imposed in the United States during the last few years has dropped to the lowest level since capital punishment was reinstated thirty years ago. Thus, it would seem that our society's attitude toward capital punishment is changing. What was …

Pay Now, Execute Later: Why Counties Should Be Required To Post A Bond To Seek The Death Penalty, Adam M. Gershowitz

University of Richmond Law Review

No abstract provided.

The Act Requirement As A Basic Concept Of Criminal Law, Francisco Muñoz-Conde, Luis Ernesto Chiesa

Cardozo Law Review

No abstract provided.

Thinking Criminal Law, Meir Dan-Cohen

Cardozo Law Review

No abstract provided.

Consent And The Grammar Of Theft Law, Stuart P. Green

Cardozo Law Review

No abstract provided.

Unconstitutional Conditional Release: A Pyrrhic Victory For Arrestees' Privacy Rights Under United States V. Scott, Andrew J. Smith

William & Mary Law Review

No abstract provided.

Gonzales-Lopez And Its Bright-Line Rule: Result Of Broad Judicial Philosophy Or Context-Specific Principles?, Jacob D. Briggs

BYU Law Review

No abstract provided.

Pay Now, Execute Later: Why Counties Should Be Required To Post A Bond To Seek The Death Penalty, Adam M. Gershowitz

Faculty Publications

No abstract provided.

Immigration Reform In America: Past, Present, And Future, Thaddeus Coffman

Undergraduate Theses and Capstone Projects

This paper examines immigration legislation throughout the history of the United States. The author has divided the focus of legislative activity into four main eras: the Laissez- Fair Era (1789-1875), the Anti-Asian Era (1876-1920), the National Origin Quotas Era (1921-1953), and the Illegal Immigration Era (1954-present). While these eras are not all inclusive, they are indicative of the main focus of legislation passed during their time. The author then compares the impact of major legislation passed during these eras to three current proposals aimed at addressing the increasing issue of illegal immigration: two versions of a guest-worker program and amnesty/legalization …

Retrying The Acquitted In England, Part I: The Exception To The Rule Against Double Jeopardy For New And Compelling Evidence, David S. Rudstein

San Diego International Law Journal

More than 240 years ago, Sir William Blackstone, perhaps the most important commentator on the English common law, wrote that when a man is once fairly found not guilty upon any indictment, or other prosecution, before any court having competent jurisdiction of the offence, he may plead such acquittal in bar of any subsequent accusation for the same crime. This plea of autrefois acquit (a former acquittal), Blackstone explained, is based upon the principle that no man is to be brought into jeopardy of his life, more than once for the same offence, which he called a universal maxim of …

The Nature And Rationale Of Punishment, Albin Eser

Cardozo Law Review

No abstract provided.

Rights, Wrongs, And Comparative Justifications, Vera Bergelson

Cardozo Law Review

No abstract provided.

Legitimating Penal Law, Markus D. Dubber

Cardozo Law Review

No abstract provided.

Criminalising Remote Harm And The Case Of Anti-Democratic Activity, Shlomit Wallerstein

Cardozo Law Review

No abstract provided.

Rights, Wrongs, And Comparative Justifications, Vera Bergelson

Rutgers Law School (Newark) Faculty Papers

The goal of this article is to rethink the relationship between the concepts of justification and wrongdoing, which play vital roles in the theory of criminal law. Reading George P. Fletcher’s new book, The Grammar of Criminal Law, in the context of his earlier scholarship has led me to one major disagreement with Fletcher as well as with the traditional criminal law doctrine: for Fletcher and many others, wrongdoing and justification mutually exclude each other; for me, they do not.

Consider a hypothetical: a group of people are captured by criminals. The criminals are about to kill everyone but then …

All Men Are (Or Should Be) Created Equal: An Argument Against The Use Of The Cultural Defense In A Post-Booker World, Elizabeth Martin

William & Mary Bill of Rights Journal

No abstract provided.

"Sacrificing The End To The Means": The Constitutionality Of Suspicionless Subway Searches, Katherine Lee Martin

William & Mary Bill of Rights Journal

No abstract provided.

Creating An Adolescent Criminal Class: Juvenile Court Jurisdiction Over Status Offenders, Soma R. Kedia

Cardozo Public Law, Policy & Ethics Journal

The article argues that status offenders, who commit non-criminal offenses such as truancy or running away, are unfairly treated similarly to juvenile delinquents in the court system. This treatment often leads to detention in the same facilities as delinquents, which can exacerbate behavioral issues and increase the likelihood of future criminal behavior. The author advocates for a distinct approach to handling status offenders, emphasizing the need for social services and alternative programs tailored to their specific needs rather than punitive measures.