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Criminal Procedure Commons™

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2014

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Articles 151 - 180 of 363

Full-Text Articles in Criminal Procedure

The Case For Rational Basis Review Of General Suspicionless Searches And Seizures, Richard C. Worf May 2014

The Case For Rational Basis Review Of General Suspicionless Searches And Seizures, Richard C. Worf

Touro Law Review

This article examines the constitutional status of suspicionless searches and seizures of groups- an exceedingly important question in the age of terror, and a subject recently brought back to the forefront by the searches of subway passengers in New York City. It draws on process theory to argue that when a legislature has authorized a group search or seizure, courts should generally apply rational basis review.

First, other areas of constitutional doctrine exhibit deep trust in the power of groups to protect their interests in political process, and there is no reason why fourth amendment doctrine should not do the …


Challenging Unjust Convictions Under Section 1983, Leon Friedman May 2014

Challenging Unjust Convictions Under Section 1983, Leon Friedman

Touro Law Review

No abstract provided.


Criminal Court, New York County, People V. Dejesus, Justin Goldberg May 2014

Criminal Court, New York County, People V. Dejesus, Justin Goldberg

Touro Law Review

No abstract provided.


Supreme Court, Bronx County, People V. Buari, Matthew Moisan May 2014

Supreme Court, Bronx County, People V. Buari, Matthew Moisan

Touro Law Review

No abstract provided.


Family Court, Queens County, In Re German F. And Hector R., Angelique Hermanowski May 2014

Family Court, Queens County, In Re German F. And Hector R., Angelique Hermanowski

Touro Law Review

No abstract provided.


Supreme Court, Queens County, People V. Tam, Elaine Yang May 2014

Supreme Court, Queens County, People V. Tam, Elaine Yang

Touro Law Review

No abstract provided.


Appellate Division, Fourth Department, People V. Mcfarley, Erica R. Borgese May 2014

Appellate Division, Fourth Department, People V. Mcfarley, Erica R. Borgese

Touro Law Review

No abstract provided.


Criminal Court, Kings County, People V. Artusa, Jessica Miller May 2014

Criminal Court, Kings County, People V. Artusa, Jessica Miller

Touro Law Review

No abstract provided.


County Court, Nassau County, People V. Osbourne, Diane Matero May 2014

County Court, Nassau County, People V. Osbourne, Diane Matero

Touro Law Review

No abstract provided.


Appellate Division, Third Department, People V. Smith, Jennifer Belk May 2014

Appellate Division, Third Department, People V. Smith, Jennifer Belk

Touro Law Review

No abstract provided.


Supreme Court, New York County, Hughes V. Farrey, Eric Pack May 2014

Supreme Court, New York County, Hughes V. Farrey, Eric Pack

Touro Law Review

No abstract provided.


Appellate Division, Fourth Department, People V. Hall, Eric Pack May 2014

Appellate Division, Fourth Department, People V. Hall, Eric Pack

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, People V. Burton, Diane Matero May 2014

Court Of Appeals Of New York, People V. Burton, Diane Matero

Touro Law Review

No abstract provided.


Choice Of Counsel And The Appearance Of Equal Justice Under Law, Wesley M. Oliver May 2014

Choice Of Counsel And The Appearance Of Equal Justice Under Law, Wesley M. Oliver

NULR Online

No abstract provided.


Abidor V. Napolitano: Suspicionless Cell Phone And Laptop “Strip” Searches At The Border Compromise The Fourth And First Amendments, Adam Lamparello, Charles E. Maclean May 2014

Abidor V. Napolitano: Suspicionless Cell Phone And Laptop “Strip” Searches At The Border Compromise The Fourth And First Amendments, Adam Lamparello, Charles E. Maclean

NULR Online

No abstract provided.


An Analysis Of Death Penalty Decisions From The October 2006 Supreme Court Term, Richard Klein May 2014

An Analysis Of Death Penalty Decisions From The October 2006 Supreme Court Term, Richard Klein

Touro Law Review

No abstract provided.


Criminal Procedure Decisions From The October 2006 Term, Susan N. Herman May 2014

Criminal Procedure Decisions From The October 2006 Term, Susan N. Herman

Touro Law Review

No abstract provided.


Court Of Appeals Of New York - People V. Ramchair, Joseph Maehr May 2014

Court Of Appeals Of New York - People V. Ramchair, Joseph Maehr

Touro Law Review

No abstract provided.


Family Court Of New York, Nassau County - In Re S.S., Steven Fox May 2014

Family Court Of New York, Nassau County - In Re S.S., Steven Fox

Touro Law Review

No abstract provided.


Court Of Appeals Of New York - Polito V. Walsh, William Pike May 2014

Court Of Appeals Of New York - Polito V. Walsh, William Pike

Touro Law Review

No abstract provided.


Supreme Court Of New York Appellate Division, Third Department - People V. Ruppert, Sardar Asadullah May 2014

Supreme Court Of New York Appellate Division, Third Department - People V. Ruppert, Sardar Asadullah

Touro Law Review

No abstract provided.


Supreme Court Of New York Appellate Division, Third Department - People V. Willette, Mark Tsukerman May 2014

Supreme Court Of New York Appellate Division, Third Department - People V. Willette, Mark Tsukerman

Touro Law Review

No abstract provided.


Forgetting Furman: Arbitrary Death Penalty Sentencing Schemes Across The Nation, Sarah A. Mourer May 2014

Forgetting Furman: Arbitrary Death Penalty Sentencing Schemes Across The Nation, Sarah A. Mourer

William & Mary Bill of Rights Journal

No abstract provided.


Flawed Coalitions And The Politics Of Crime, David Jaros May 2014

Flawed Coalitions And The Politics Of Crime, David Jaros

All Faculty Scholarship

Bipartisanship can be dangerous. In the late 1970s, liberal and conservative forces united to discard two centuries of federal sentencing practice and usher in an era of fixed guidelines that would reshape the criminal justice landscape. In the decades that followed, liberals would come to bitterly regret their alliance with conservative sentencing reformers. The guideline regime established by the Sentencing Reform Act ultimately advanced hardline conservative criminal justice goals that were antithetical to the objectives of many of the Act’s former liberal supporters.

Researchers have shown that a particular cognitive bias — cultural cognition — can explain why intense partisan …


Death By Irrelevance: The Unconstitutionality Of Virginia’S Continued Exclusion Of Prison Conditions Evidence To Assess The Future Dangerousness Of Capital Defendants, Andrew Lindsey May 2014

Death By Irrelevance: The Unconstitutionality Of Virginia’S Continued Exclusion Of Prison Conditions Evidence To Assess The Future Dangerousness Of Capital Defendants, Andrew Lindsey

William & Mary Bill of Rights Journal

This Note argues that Virginia statutory and case law requiring the exclusion of prison conditions evidence in capital trials where the jury must determine defendants’ future dangerousness is unconstitutional. In Part I, I present certain portions of a hypothetical capital trial in Virginia to introduce readers to the concepts of prison conditions evidence and future dangerousness, and why they are important to capital defendants. In Part II, I trace the development of the constitutional right that is violated by the exclusion of this evidence, as well as how Virginia has come to justify its exclusionary stance based on a flawed …


Permissive Discrimination: How Committing A Crime Makes You A Criminal In Georgia, Luke Caselman May 2014

Permissive Discrimination: How Committing A Crime Makes You A Criminal In Georgia, Luke Caselman

Mercer Law Review

No abstract provided.


"To Corral And Control The Ghetto": Stop, Frisk, And The Geography Of Freedom, Anders Walker May 2014

"To Corral And Control The Ghetto": Stop, Frisk, And The Geography Of Freedom, Anders Walker

University of Richmond Law Review

While criminal law scholar Michelle Alexander has shown that stop and frisks often serve as the gateway into the criminal justice system for young men of color, she occludes the complex forces that led to their rise." This article seeks to identify those forces, relating the rise of stop and frisk rules to liberal politics, Cold War concerns, and spatial dynamics. To illustrate, this article will proceed in three parts. Part I will demonstrate how Mapp v. Ohio coincided with judicial frustration at police intrusions into private, intimate space-including private thought-precisely at a time when the United States sought to …


The Special Tribunal For Lebanon: A Defense Perspective, Charles Chernor Jalloh May 2014

The Special Tribunal For Lebanon: A Defense Perspective, Charles Chernor Jalloh

Articles

This Article analyzes the absence of organs tasked with guaranteeing the rights of the defense in international criminal law. It explains the historical origins of the problem, tracing it back to the genesis of modern prosecutions at the Nuremberg International Military Tribunal. It then explains how the organizational charts of the UN courts for the former Yugoslavia, Rwanda, and Sierra Leone omitted the defense and essentially treated it as a second class citizen before the eyes of the law. This sets the stage for the author to show why the creation of the first full-fledged defense organ in international criminal …


Sharing Public Safety Helicopters, Henry H. Perritt Jr. Apr 2014

Sharing Public Safety Helicopters, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.


Student’S Crime Data Research Attracts National Ethics Symposium Attention, Kim Hill Apr 2014

Student’S Crime Data Research Attracts National Ethics Symposium Attention, Kim Hill

News and Events (Discontinued Series)

No abstract provided.