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Articles 121 - 150 of 320
Full-Text Articles in Criminal Procedure
Plaintiff Anonymity During Civil Litigation Of Childhood Sexual Abuse Cases, Amit Shertzer
Plaintiff Anonymity During Civil Litigation Of Childhood Sexual Abuse Cases, Amit Shertzer
Cardozo Law Review
No abstract provided.
Setting Us Up For Disaster: The Supreme Court's Decision In Terry V. Ohio, Thomas B. Mcaffee
Setting Us Up For Disaster: The Supreme Court's Decision In Terry V. Ohio, Thomas B. Mcaffee
Nevada Law Journal
The controversies spawned by the Supreme Court’s decision in Terry v. Ohio are just about as expansive as the decision’s implications for the development of Fourth Amendment doctrine. And it was recently observed that it is perhaps the most criticized Fourth Amendment decision since the modern Supreme Court belatedly incorporated the amendment, and eventually the exclusionary rule.3 Fortunately, there is neither time nor space to address and fully resolve all of these controversies, or even to determine whether the case was just wrongly decided; the somewhat narrower thesis of this Article is that the long-term impact of Terry on the …
Summary Of Whitehead V. State, 128 Nev. Adv. Op. No. 24, Eric Carson
Summary Of Whitehead V. State, 128 Nev. Adv. Op. No. 24, Eric Carson
Nevada Supreme Court Summaries
The Court grants an en banc reconsideration of an appeal from an order dismissing a post-conviction petition for writ of habeas corpus.
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.
Municipal Liability? Not So Fast: What Connick V. Thompson Means For Future Prosecutorial Misconduct, T. Owen Farist
Municipal Liability? Not So Fast: What Connick V. Thompson Means For Future Prosecutorial Misconduct, T. Owen Farist
Mercer Law Review
In Connick v. Thompson, the United States Supreme Court held that, under section 1983 of title 42 of the United States Code, the Orleans Parish District Attorney's actions failed to rise to the level of deliberate indifference required for municipal liability. The Court affirmed the possibility of "single-incident" municipal liability hypothesized in City of Canton v. Harris as an exception to the ordinary requirement of a pattern of similar violations necessary to prove the stringent standard of deliberate indifference to a known or obvious consequence. Despite upholding the validity of the exception, the Court found that Thompson's case did …
The Criminal Rules Enabling Act, Max Mizner
The Criminal Rules Enabling Act, Max Mizner
University of Richmond Law Review
No abstract provided.
United States V. Ruiz-Gaxiola: When Criminal Defendants Say No To Drugs, Adam Dayton
United States V. Ruiz-Gaxiola: When Criminal Defendants Say No To Drugs, Adam Dayton
BYU Law Review
No abstract provided.
Empty Promises: Miranda Warnings In Noncustodial Interrogations, Aurora Maoz
Empty Promises: Miranda Warnings In Noncustodial Interrogations, Aurora Maoz
Michigan Law Review
You have the right to remain silent; anything you say can be used against you in a court of law. You have the right to an attorney; if you cannot afford an attorney, one will be provided to you at the state's expense. In 2010, the Supreme Court declined an opportunity to resolve the question of what courts should do when officers administer Miranda warnings in a situation where a suspect is not already in custody-in other words, when officers are not constitutionally required to give or honor these warnings. While most courts have found a superfluous warning to be …
Summary Of State V. Huebler, 128 Nev. Adv. Op. No. 19, Richard A. Andrews
Summary Of State V. Huebler, 128 Nev. Adv. Op. No. 19, Richard A. Andrews
Nevada Supreme Court Summaries
The Court considered an appeal from the district court’s grant of relief of an untimely petition for a writ of habeas corpus from a conviction based on a guilty plea.
Legal Representation In The Chinese Criminal Court, Yudu Li, Hong Lu
Legal Representation In The Chinese Criminal Court, Yudu Li, Hong Lu
Graduate Research Symposium (2010 - 2017)
Abstract: Legal representation plays an important role in criminal sentencing decisions. China has recently stipulated a mandatory legal representation clause for all offenders facing capital charges in its Criminal Procedural Law (1996). This study uses data generated from criminal court case documents involving three serious violent crimes: murder, intentional assault, and robbery. All these crimes carry a maximum of sentence of death. The study examines whether and under what conditions legal representation has an effect on criminal sentencing decisions in China. While the overall multi-regression model did not find that having a legal representation significantly reduces the criminal sentence, a …
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.
Summary Of Rodriguez V. Nevada, 128 Nev. Adv. Op. 14, Rami Hernandez
Summary Of Rodriguez V. Nevada, 128 Nev. Adv. Op. 14, Rami Hernandez
Nevada Supreme Court Summaries
An appeal from a district court criminal conviction, pursuant to a jury verdict, on evidentiary grounds.
Brady, Trust, And Error, Samuel R. Wiseman
Brady, Trust, And Error, Samuel R. Wiseman
Scholarly Publications
No abstract provided.
Disparately Seeking Jurors: Disparate Impact And The (Mis)Use Of Batson, Anna Roberts
Disparately Seeking Jurors: Disparate Impact And The (Mis)Use Of Batson, Anna Roberts
Faculty Scholarship
No abstract provided.
The Slow Wheels Of Furman's Machinery Of Death, Brent E. Newton
The Slow Wheels Of Furman's Machinery Of Death, Brent E. Newton
The Journal of Appellate Practice and Process
No abstract provided.
A Sober Second Thought, Andrew H. Schapiro
A Sober Second Thought, Andrew H. Schapiro
The Journal of Appellate Practice and Process
No abstract provided.
Two Books, Ten Days, Nancy Bellhouse May
Two Books, Ten Days, Nancy Bellhouse May
The Journal of Appellate Practice and Process
No abstract provided.
High Expectations And Some Wounded Hopes: The Policy And Politics Of A Uniform Statute On Videotaping Custodial Interrogations, Andrew E. Taslitz
High Expectations And Some Wounded Hopes: The Policy And Politics Of A Uniform Statute On Videotaping Custodial Interrogations, Andrew E. Taslitz
Northwestern Journal of Law & Social Policy
Much has been written about the need to videotape the entire process of police interrogation of suspects. Videotaping discourages abusive interrogation techniques, improves police training in proper techniques, reduces frivolous suppression motions, and improves jury decision making about the voluntariness and accuracy of a confession. Despite these benefits, only a small number of states have adopted legislation mandating electronic recording of the entire interrogation process. In the hope of accelerating legislative adoption of this procedure and of improving the quality of such legislation, the Uniform Law Commission (ULC) ratified a uniform recording statute for consideration by the states. I was …
Can California Save Its Death Sentences? Will Californians Save The Expense?, Scott W. Howe
Can California Save Its Death Sentences? Will Californians Save The Expense?, Scott W. Howe
Cardozo Law Review
No abstract provided.
You Have The Right To Remain Thirteen: Considering Age In Juvenile Interrogations In J.D.B. V. North Carolina, Nicole J. Ettlinger
You Have The Right To Remain Thirteen: Considering Age In Juvenile Interrogations In J.D.B. V. North Carolina, Nicole J. Ettlinger
Buffalo Law Review
No abstract provided.
A Behavioral Approach To Modus Operandi: Incident Form Completion And Its Effect On Predictive Analysis, Sarah Elizabeth Casella
A Behavioral Approach To Modus Operandi: Incident Form Completion And Its Effect On Predictive Analysis, Sarah Elizabeth Casella
Dissertations
This study examined the effects of task clarification, group feedback, and policy change on incident form completion by police officers. Participants included all sworn officers employed in the Operations Division by the Kalamazoo Department of Public Safety. The task consisted of completing the modus operandi (MO) section of the incident reports for burglary, robbery and aggravated assault. The main dependent variable was the percentage of incident reports with MO form completion. The secondary dependent variable was quality of the MOs completed in the reports; more specifically the completeness of the MO section compared to the narrative and discrepancies between the …
Madness Alone Punishes The Madman: The Search For Moral Dignity In The Court's Competency Doctrine As Applied In Capital Cases, J. Amy Dillard
Madness Alone Punishes The Madman: The Search For Moral Dignity In The Court's Competency Doctrine As Applied In Capital Cases, J. Amy Dillard
All Faculty Scholarship
The purposes of the competency doctrine are to guarantee reliability in criminal prosecutions, to ensure that only those defendants who can appreciate punishment are subject to it, and to maintain moral dignity, both actual and apparent, in criminal proceedings. No matter his crime, the “madman” should not be forced to stand trial. Historically, courts viewed questions of competency as a binary choice, finding the defendant either competent or incompetent to stand trial. However, in Edwards v. Indiana, the Supreme Court conceded that it views competency on a spectrum and offered a new category of competency — borderline-competent. The Court held …
Panel On Prosecutorial Immunity: Deconstructing Connick V. Thompson, Dane Ciolino, Gary Clements, Bennett L. Gershman, Adam M. Gershowitz, Kathleen Ridolfi, Samuel R. Wiseman, Stephen Singer
Panel On Prosecutorial Immunity: Deconstructing Connick V. Thompson, Dane Ciolino, Gary Clements, Bennett L. Gershman, Adam M. Gershowitz, Kathleen Ridolfi, Samuel R. Wiseman, Stephen Singer
Faculty Publications
In November 2011, the Journal hosted a symposium on prosecutorial immunity at Loyola University New Orleans College of Law. The symposium included an in-depth analysis of Connick v. Thompson. As part of the symposium, the Journal organized a Panel, the transcript of which follows. This transcript consists of the speakers' remarks along with audience participation and questions. The Journal has attempted to preserve the character and substance of the discussion. While this is not a traditional article, the Journal felt that it would be fitting to include it in its spring volume.
Summary Of Maestas V. State, 128 Nev. Adv. Op. No. 12, Richard A. Andrews
Summary Of Maestas V. State, 128 Nev. Adv. Op. No. 12, Richard A. Andrews
Nevada Supreme Court Summaries
The Court considered consolidated appeals from a first-degree murder conviction and an order denying a motion for new trial in a death penalty case.
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.