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Criminal Procedure Commons™

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2016

Discipline
Institution
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Publication
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Articles 301 - 330 of 411

Full-Text Articles in Criminal Procedure

Miranda'S Truth: The Importance Of Adversarial Testing And Dignity In Confession Law, Meghan J. Ryan Jan 2016

Miranda'S Truth: The Importance Of Adversarial Testing And Dignity In Confession Law, Meghan J. Ryan

Faculty Journal Articles and Book Chapters

The landmark decision of Miranda v. Arizona focuses on the important values of adversarial testing and human dignity. These values can be found among a constellation of values ordinarily aligned with constitutional criminal procedure cases like Miranda. The constellation also includes values such as truth-finding and equality. With the regularization of DNA analysis and the realization that a large number of innocent people have been convicted, however, there has been a recent fixation on truth-finding. Other values have been overshadowed. The myopic pursuit of truth-finding may be somewhat misguided, as certainty of truth is generally impossible. This is recognized by …


Lawn Signs: A Fourth Amendment For Constitutional Curmudgeons, Andrew Ferguson, Stephen E. Henderson Jan 2016

Lawn Signs: A Fourth Amendment For Constitutional Curmudgeons, Andrew Ferguson, Stephen E. Henderson

Faculty Articles

What is the constitutional significance of the proverbial “keep off the grass” sign? This question—asked by curmudgeonly neighbors everywhere—has been given new currency in a recent decision by the United States Supreme Court. Indeed, Florida v. Jardines might have bestowed constitutional curmudgeons with significant new Fourth Amendment protections. By expressing expectations regarding—and control over—access to property, “the people” may be able to claim greater Fourth Amendment protections not only for their homes, but also for their persons, papers, and effects. This article launches a constitutionally grounded, but lighthearted campaign of citizen education and empowerment: Fourth Amendment LAWn signs. With every …


A Rose By Any Other Name: Regulating Law Enforcement Bulk Metadata Collection, Stephen E. Henderson Jan 2016

A Rose By Any Other Name: Regulating Law Enforcement Bulk Metadata Collection, Stephen E. Henderson

Faculty Articles

In Other People’s Papers, Jane Bambauer argues for careful reform of the Fourth Amendment’s third party doctrine, providing an important contribution to an increasingly rich field of scholarship, judicial opinion, statute, and law reform. Bambauer is especially concerned with access to bodies of third-party data that can be filtered and mined, as they can be privacy invasive but also effective and less subject to traditional investigative prejudices and limitations. Although her article provocatively overclaims in trying to set itself apart from existing proposals, by analyzing existing constitutional and statutory law—including what I have termed a “limited” third party doctrine—and comparing …


Race To Incarcerate: The Causes And Consequences Of Mass Incarceration, Marc Mauer Jan 2016

Race To Incarcerate: The Causes And Consequences Of Mass Incarceration, Marc Mauer

Roger Williams University Law Review

No abstract provided.


Rhode Island Department Of Corrections: Presentation, Caitlin O'Connor, Danielle Barron Jan 2016

Rhode Island Department Of Corrections: Presentation, Caitlin O'Connor, Danielle Barron

Roger Williams University Law Review

No abstract provided.


A Matter Of Balance: Mathews V. Eldridge Provides The Procedural Fairness Rhode Island's Judiciary Desperately Needs, Brett Beaubien Jan 2016

A Matter Of Balance: Mathews V. Eldridge Provides The Procedural Fairness Rhode Island's Judiciary Desperately Needs, Brett Beaubien

Roger Williams University Law Review

No abstract provided.


H.O.P.E. Court, Rhode Island's Federal Reentry Court: The First Year, Patricia A. Sullivan, Michael J. Primeau, Timothy K. Baldwin Jan 2016

H.O.P.E. Court, Rhode Island's Federal Reentry Court: The First Year, Patricia A. Sullivan, Michael J. Primeau, Timothy K. Baldwin

Roger Williams University Law Review

No abstract provided.


Between A Constitutional Rock And A Procedural Hard Place: Placing Petitioners In An Eighth Amendment Battle Of Persuasion, Kelley E. Nobriga Jan 2016

Between A Constitutional Rock And A Procedural Hard Place: Placing Petitioners In An Eighth Amendment Battle Of Persuasion, Kelley E. Nobriga

Roger Williams University Law Review

No abstract provided.


Restoring The Character Evidence Rule: Reconsidering Evidence Of Crimes, Wrongs, And Other Acts In Rhode Island, Edward Pare Iii Jan 2016

Restoring The Character Evidence Rule: Reconsidering Evidence Of Crimes, Wrongs, And Other Acts In Rhode Island, Edward Pare Iii

Roger Williams University Law Review

No abstract provided.


Some Skepticism About Criminal Discovery Empiricism, Miriam H. Baer Jan 2016

Some Skepticism About Criminal Discovery Empiricism, Miriam H. Baer

Faculty Scholarship

No abstract provided.


Table Of Contents, Public Interest Law Reporter Jan 2016

Table Of Contents, Public Interest Law Reporter

Public Interest Law Reporter

No abstract provided.


Demystifying Toxic Workplaces: Transforming A Worker's Right-To-Know To A Right-To-Understand By Expanding Epcra, Eun Jin Kim Jan 2016

Demystifying Toxic Workplaces: Transforming A Worker's Right-To-Know To A Right-To-Understand By Expanding Epcra, Eun Jin Kim

Public Interest Law Reporter

No abstract provided.


A Different Kind Of Privacy: "Bathroom Bills" And The Rights Of Transgender People In Public Spaces, Sarah Nagy Jan 2016

A Different Kind Of Privacy: "Bathroom Bills" And The Rights Of Transgender People In Public Spaces, Sarah Nagy

Public Interest Law Reporter

No abstract provided.


Same-Sex Families And Adoption Discrimination Post Marriage Equality, Joel Viramontes-Gallegos Jan 2016

Same-Sex Families And Adoption Discrimination Post Marriage Equality, Joel Viramontes-Gallegos

Public Interest Law Reporter

With the major judicial holding of Obergefell v. Hodges, the Supreme Court of the United States legally recognized same sex-marriage. Advocates of the lesbian, gay, bisexual and transgender (LGBT) community celebrated in the granting of what many deemed a fundamental right. Now, with the ability to freely marry, same-sex couples are looking to grow their family through adoption, with some adoption agencies seeing a slight increase in upwards of 700 applicants a month. This article will address the legal challenges, and proposed solutions, to expanding American same-sex couples' legal rights to adopt children outside of the United States.


Nothing Is Ever Black & White: The Criminal Justice System And Its Expansion Into "Criminal Alien" Enforcement, Yolanda Vázquez Jan 2016

Nothing Is Ever Black & White: The Criminal Justice System And Its Expansion Into "Criminal Alien" Enforcement, Yolanda Vázquez

Public Interest Law Reporter

No abstract provided.


The Final Frontier Of The Privatization Of Public Housing: The Rental Assistance Demonstration Program, Ji Hwang Jan 2016

The Final Frontier Of The Privatization Of Public Housing: The Rental Assistance Demonstration Program, Ji Hwang

Public Interest Law Reporter

No abstract provided.


Chicago Has The Blueprint For Lasting Police Accountability Reform, But Can The City Build The Future It Needs?, Austin Spillar Jan 2016

Chicago Has The Blueprint For Lasting Police Accountability Reform, But Can The City Build The Future It Needs?, Austin Spillar

Public Interest Law Reporter

No abstract provided.


State Challenges To Refugee Resettlement, Anthony E. Wadas Jan 2016

State Challenges To Refugee Resettlement, Anthony E. Wadas

Public Interest Law Reporter

No abstract provided.


Dismantling The School-To-Prison Pipeline: Whether Senate Bill 100 Will Address Problems Specific To Students With Learning Disabilities, Adrien Fernandez Jan 2016

Dismantling The School-To-Prison Pipeline: Whether Senate Bill 100 Will Address Problems Specific To Students With Learning Disabilities, Adrien Fernandez

Public Interest Law Reporter

No abstract provided.


Solitary Confinement Banned In Federal Juvenile System, Bethany Dixon Jan 2016

Solitary Confinement Banned In Federal Juvenile System, Bethany Dixon

Public Interest Law Reporter

In January, President Obama banned solitary confinement - the confinement of a prisoner in a cell for virtually the entire day without environmental stimulation and limited opportunity for social interaction - for juveniles in the federal prison system. In his announcement, he stated that solitary confinement has been overused and has the potential to cause tremendous psychological consequences. His decision came after a review by the Justice Department. The report stated that the practice of solitary confinement reduces the chances that a prisoner can be eventually rehabilitated to society. This article will examine the anticipated impact of the President's executive …


Reparations For Descendants Of American Slaves: The Recurring Clarion Call That Emerges From Race-Based, Social, And Political Movements, Erika C. Weaver Jan 2016

Reparations For Descendants Of American Slaves: The Recurring Clarion Call That Emerges From Race-Based, Social, And Political Movements, Erika C. Weaver

Public Interest Law Reporter

No abstract provided.


Table Of Contents, Public Interest Law Reporter Jan 2016

Table Of Contents, Public Interest Law Reporter

Public Interest Law Reporter

No abstract provided.


Retired With Nothing To Retire On: A Proposal For Social Security Credits For The Burge Exonerees, Katie Burnett Jan 2016

Retired With Nothing To Retire On: A Proposal For Social Security Credits For The Burge Exonerees, Katie Burnett

Public Interest Law Reporter

No abstract provided.


The Death Row Ten: Interrupting Illinois' Death Machine, Alice Kim Jan 2016

The Death Row Ten: Interrupting Illinois' Death Machine, Alice Kim

Public Interest Law Reporter

No abstract provided.


The Struggle For Reparations In The Burge Torture Cases: The Grassroots Struggle That Could, Joey L. Mogul Jan 2016

The Struggle For Reparations In The Burge Torture Cases: The Grassroots Struggle That Could, Joey L. Mogul

Public Interest Law Reporter

No abstract provided.


Why We Need Community Control Of The Police, Larry Redmond Jan 2016

Why We Need Community Control Of The Police, Larry Redmond

Public Interest Law Reporter

No abstract provided.


Black People Against Police Torture: The Importance Of Building A People-Centered Human Rights Movement, Vickie Casanova Willis, Standish E. Willis Jan 2016

Black People Against Police Torture: The Importance Of Building A People-Centered Human Rights Movement, Vickie Casanova Willis, Standish E. Willis

Public Interest Law Reporter

No abstract provided.


Table Of Contents, Public Interest Law Reporter Jan 2016

Table Of Contents, Public Interest Law Reporter

Public Interest Law Reporter

No abstract provided.


In Defense Of The Closed Primary, Bethany Dixon Jan 2016

In Defense Of The Closed Primary, Bethany Dixon

Public Interest Law Reporter

No abstract provided.


Cyberbullying And The Victims Of Modern Technology, Wafeek Elafifi Jan 2016

Cyberbullying And The Victims Of Modern Technology, Wafeek Elafifi

Public Interest Law Reporter

No abstract provided.