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Articles 91 - 120 of 320
Full-Text Articles in Criminal Procedure
Roving Border Patrols In New York – Sometimes The Drug Smuggler Does Not Get Convicted: The Legal Limitations Regarding Vehicle Stops And Consent Searches Based Upon Reasonable Suspicion - People V. Banisadr, Robert Mitchell
Touro Law Review
No abstract provided.
Do Automobile Passengers Have A Legitimate Expectation Of Privacy? An Analysis Of Reasonable Expectation Under The Fourth Amendment - People V. Howard, Lisa Belrose
Touro Law Review
No abstract provided.
What Use Are Legal Academics?, Roger Fairfax
Chasing Until The Wheels Fall Off: Developing A Typology Of High-Risk Police Pursuits In Georgia, Lee Miller Wade
Chasing Until The Wheels Fall Off: Developing A Typology Of High-Risk Police Pursuits In Georgia, Lee Miller Wade
Dissertations
The goal of this research project was to examine the potential variables associated with high-risk police pursuits in the state of Georgia. The objectives of the research project were to develop a typology of high-risk pursuits, ascertain the usage of pursuit termination techniques, and inform on the current status of pursuits amongst accredited agencies in the state of Georgia. The Georgia Association of Chiefs of Police (GACP) initiated data collection of pursuits among accredited agencies as a result of the decision in Scott v. Harris 2007. A sample of 2,155 pursuit reports from 2007 to 2009 was analyzed using descriptive …
Estimating Gender Disparities In Federal Criminal Cases, Sonja Starr
Estimating Gender Disparities In Federal Criminal Cases, Sonja Starr
Law & Economics Working Papers
This paper assesses gender disparities in federal criminal cases. It finds large gender gaps favoring women throughout the sentence length distribution (averaging over 60%), conditional on arrest offense, criminal history, and other pre-charge observables. Female arrestees are also significantly likelier to avoid charges and convictions entirely, and twice as likely to avoid incarceration if convicted. Prior studies have reported much smaller sentence gaps because they have ignored the role of charging, plea-bargaining, and sentencing fact-finding in producing sentences. Most studies control for endogenous severity measures that result from these earlier discretionary processes and use samples that have been winnowed by …
The Propriety Of Jury Questioning: A Remedy For Perceived Harmless Error, Laurie Forbes Neff
The Propriety Of Jury Questioning: A Remedy For Perceived Harmless Error, Laurie Forbes Neff
Pepperdine Law Review
No abstract provided.
Breaking The Seal On White-Collar Criminal Search Warrant Materials , David Horan
Breaking The Seal On White-Collar Criminal Search Warrant Materials , David Horan
Pepperdine Law Review
No abstract provided.
Individual Autonomy Versus Community: Is It All Or Nothing? An Analysis Of City Of Chicago V. Morales , Keasa Hollister
Individual Autonomy Versus Community: Is It All Or Nothing? An Analysis Of City Of Chicago V. Morales , Keasa Hollister
Pepperdine Law Review
No abstract provided.
Wilson V. Layne: Increasing The Scope Of The Fourth Amendment Right To Privacy, Ashlea Wright
Wilson V. Layne: Increasing The Scope Of The Fourth Amendment Right To Privacy, Ashlea Wright
Pepperdine Law Review
No abstract provided.
Search And Seizure: New York Vs. Federal Approach - People V. Keita, Tillie S. Mirman
Search And Seizure: New York Vs. Federal Approach - People V. Keita, Tillie S. Mirman
Touro Law Review
No abstract provided.
The Inevitable Discovery Rule - Justice Served Or Justice Thwarted? - People V. Pinckney, Danielle M. Hansen
The Inevitable Discovery Rule - Justice Served Or Justice Thwarted? - People V. Pinckney, Danielle M. Hansen
Touro Law Review
No abstract provided.
It’S In The Bag: Voluntariness, Scope, And The Authority To Grant Consent - United States V. Harris, Daniel Fier
It’S In The Bag: Voluntariness, Scope, And The Authority To Grant Consent - United States V. Harris, Daniel Fier
Touro Law Review
No abstract provided.
The Absentee Post-Conviction Constitutional Safeguards – People V. Zowaski, Danielle M. Hansen
The Absentee Post-Conviction Constitutional Safeguards – People V. Zowaski, Danielle M. Hansen
Touro Law Review
No abstract provided.
New York’S Law Allowing Trafficked Persons To Bring Motions To Vacate Prostitution Convictions: Bridging The Gap Or Just Covering It Up?, Whitney J. Drasin
New York’S Law Allowing Trafficked Persons To Bring Motions To Vacate Prostitution Convictions: Bridging The Gap Or Just Covering It Up?, Whitney J. Drasin
Touro Law Review
No abstract provided.
Minority Over-Representation In The Criminal Justice System―The Impact On African American Women, Families And Their Communities And Important Emerging Interventions, Brenda V. Smith
Presentations
sponsored by the Substance Abuse and Mental Health Services Administration (SAMHSA) in partnership with Mental Health Systems, Inc.
Summary Of Nevada V. Barren, 128 Nev. Adv. Op. 31, Amanda Ireland
Summary Of Nevada V. Barren, 128 Nev. Adv. Op. 31, Amanda Ireland
Nevada Supreme Court Summaries
An appeal from a district court order granting writ of mandamus directing the justice court to dismiss a criminal complaint for lack of jurisdiction.
Summary Of In Re George J., 128 Nev. Advanced Opinion No. 32, Emily Navasca
Summary Of In Re George J., 128 Nev. Advanced Opinion No. 32, Emily Navasca
Nevada Supreme Court Summaries
The Court considered an appeal from a district court’s order transferring a juvenile case to justice court for adult criminal proceedings pursuant to NRS 62B.335.
Prosecutorial Decriminalization, Erik Luna
Prosecutorial Decriminalization, Erik Luna
Scholarly Articles
The article discusses the legal concept of prosecutorial decriminalization in the U.S. as of July 2012, focusing on an analysis of the use of criminal laws to enforce the public standards of morality in America. Penal codes and criminal sanctions are addressed, along with several reform measures aimed at restructuring a criminal law system in the U.S. which has reportedly been overburdened by overcriminalization. The use of the American judiciary system as a check on overcriminalization is mentioned.
Crack, Congress, And The Normalization Of Federal Sentencing: Why 12,040 Federal Inmates Believe That Their Sentences Should Be Reduced, And Why They And Others Like Them May Be Right, Michael Mcneill
Mercer Law Review
The 1980s was a transitionary period in American history, when the general acceptance of casual drug use, which is still associated with the 1960s and 1970s, began to turn to widespread disapproval. The practice and dangers of "freebasing"-smoking cocaine that had been purified with ether and inhaled over an open flame-came into the public spotlight in 1980 when a prominent comedian immolated himself in an accident blamed on the dangerous practice. Beginning in 1984, a cheaper, more accessible form of freebase cocaine, called "crack," began growing in popularity in New York, Miami, and Los Angeles. In November 1985, newspapers began …
The Legacy Of Rux V. Republic Of Sudan And The Future Of The Judicial War On Terror, Chad G. Marzen
The Legacy Of Rux V. Republic Of Sudan And The Future Of The Judicial War On Terror, Chad G. Marzen
Cardozo Public Law, Policy & Ethics Journal
The article examines the legal battles of the families of U.S. sailors killed in the 2000 U.S.S. Cole bombing, focusing on their efforts to hold Sudan liable under the Foreign Sovereign Immunity Act (FSIA) and the state sponsor of terrorism exception. It explores the procedural history of the Rux and Kumar cases, highlighting the complexities of applying the FSIA and the impact of legislative changes, such as the National Defense Authorization Act (NDAA) 2008, on terrorism-related litigation. The analysis underscores the challenges in balancing judicial authority with legislative intent, particularly in cases involving retroactivity and res judicata.
Guilty Until Proven Innocent: Providing Effective Relief To The Actually Innocent In New York, Steven M. Cytryn
Guilty Until Proven Innocent: Providing Effective Relief To The Actually Innocent In New York, Steven M. Cytryn
Cardozo Public Law, Policy & Ethics Journal
No abstract provided.
Reverberations Of The Victim's "Voice": Victim Impact Statements And The Cultural Project Of Punishment, Erin L. Sheley
Reverberations Of The Victim's "Voice": Victim Impact Statements And The Cultural Project Of Punishment, Erin L. Sheley
Indiana Law Journal
No abstract provided.
Taking The Stand: Access To Justice For Witnesses With Mental Disabilities In Sexual Assault Cases, Janine Benedet, Isabel Grant
Taking The Stand: Access To Justice For Witnesses With Mental Disabilities In Sexual Assault Cases, Janine Benedet, Isabel Grant
Osgoode Hall Law Journal
In this article the authors argue that the existing adversarial trial process often prevents the stories of sexual assault complainants with mental disabilities from being heard in court. Relying on social science evidence, the authors argue that subjecting a woman with a mental disability to a rigorous cross-examination with repeated and leading questions, in a manner that is confrontational and often accusatory, is probably the worst way to get her story heard accurately in court. It is likely to unfairly undermine her credibility and to result in unjustified acquittals or in prosecutors deciding not to pursue a case. The article …
Revisiting "Special Needs" Theory Via Airport Searches, Alexander A. Reinert
Revisiting "Special Needs" Theory Via Airport Searches, Alexander A. Reinert
Articles
Controversy has raged since the Transportation Security Administration (TSA) introduced Advanced Imaging Technology, capable of producing detailed images of travelers' bodies, and "enhanced" pat frisks as part of everyday airport travel. In the face of challenges in the courts and in public discourse, the TSA has justified the heightened security measures as a necessary means to prevent terrorist attacks. The purpose of this Essay is to situate the Fourth Amendment implications of the new regime within a broader historical context. Most germane, after the Federal Aviation Administration (FAA) introduced sweeping new screening of air travelers in the 1960s and 1970s …
Batson's Grand Jury Dna, Roger Fairfax
Batson's Grand Jury Dna, Roger Fairfax
Scholarly Articles in Law Reviews & Journals
Batson v. Kentucky was a landmark decision imposing constitutional restrictions on peremptory challenges in the petit jury selection process. Batson was a culmination of a long line of cases addressing racial discrimination in jury selection. However, the role of anti-discrimination doctrine in grand jury selection is often overlooked when the story of Batson is considered. Many of the key equal protection cases underpinning the Batson decision were grand jury cases. Furthermore, the evidentiary framework applied to challenges to race-based peremptory strikes in Batson was forged in a century's worth of grand jury discrimination doctrine. This Essay, prepared for the "Batson …
Prea 101 For Juvenile Justice Agencies, Brenda V. Smith
Prea 101 For Juvenile Justice Agencies, Brenda V. Smith
Presentations
No abstract provided.
When The Cheering (For Gideon ) Stops: The Defense Bar And Representation At Initial Bail Hearings, Douglas L. Colbert
When The Cheering (For Gideon ) Stops: The Defense Bar And Representation At Initial Bail Hearings, Douglas L. Colbert
Faculty Scholarship
This article suggests that the absence of representation at the beginning of a State criminal prosecution must come to a screeching halt. The criminal defense bar should take a leadership role and dedicate Gideon's anniversary to making certain that an accused's right to the effective assistance of counsel begins at the initial bail hearing. Indeed, guaranteeing vigorous representation should be the defense bar's number one priority.
Editor's Observations: It's Alive! The Federal Booker-Fix Debate Sirs, Frank O. Bowman Iii
Editor's Observations: It's Alive! The Federal Booker-Fix Debate Sirs, Frank O. Bowman Iii
Faculty Publications
Seven years have passed since Justice Ginsburg do-si-doed from the merits majority to the remedial majority in Booker and transformed the Federal Sentencing Guidelines into an advisory system.' And despite the logical absurdity of the Scalian Sixth Amendment doctrine that produced this outcome,' and despite the expectation of folks like me that this marriage of fish and fowl could not long survive, it survives. What is more, a great many people whose opinion matters now claim to love it-or at least to like it well enough to want to keep it for the foreseeable future. Thus, the outburst of legislative …
Administrative Justice: Using Agency Declaratory Orders In The Fight To Staunch The Financing Of Terrorism, J. David Pollock
Administrative Justice: Using Agency Declaratory Orders In The Fight To Staunch The Financing Of Terrorism, J. David Pollock
Cardozo Law Review
No abstract provided.
Justice In The Shadowlands: Pretrial Detention, Punishment, & The Sixth Amendment, Laura I. Appleman
Justice In The Shadowlands: Pretrial Detention, Punishment, & The Sixth Amendment, Laura I. Appleman
Washington and Lee Law Review
In a criminal system that tips heavily to the side of wealth and power, we routinely detain the accused in often horrifying conditions, confined in jails while still maintaining the presumption of innocence. Here, in the rotting jail cells of impoverished defendants, lies the Shadowlands of Justice, where the lack of criminal procedure has produced a darkness unrelieved by much scrutiny or concern on the part of the law. This Article contends that our current system of pretrial detention lies in shambles, routinely incarcerating the accused in horrifying conditions often far worse than those of convicted offenders in prisons. Due …