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Criminal Procedure Commons™

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2017

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Institution
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Articles 271 - 300 of 362

Full-Text Articles in Criminal Procedure

Constraining Monitors, Veronica Root Jan 2017

Constraining Monitors, Veronica Root

Faculty Scholarship

Monitors oversee remediation efforts at dozens, if not hundreds, of institutions that are guilty of misconduct. The remediation efforts that the monitors of today engage in are, in many instances, quite similar to activities that were once subject to formal court oversight. But as the importance and power of monitors has increased, the court’s oversight of monitors and the agreements that most often result in monitorships has, at best, been severely diminished and, at worst, vanished altogether. Additionally, statutory efforts to provide formal guidance and restrictions on monitorships have stalled and published bar guidance has taken a nonbinding advisory form. …


Actual Innocence And Wrongful Convictions, Brandon L. Garrett Jan 2017

Actual Innocence And Wrongful Convictions, Brandon L. Garrett

Faculty Scholarship

In response to wrongful convictions, there has been a revolution in criminal procedure and in research in law and science. Scholars have increasingly studied the characteristics of known wrongful conviction cases and they have conducted interdisciplinary research designed to assess potential changes to procedures used in criminal cases. Scientific bodies have made important recommendations based on this research, and in response, a wide range of jurisdictions have adopted noteworthy changes designed to safeguard crucial types of evidence, such as confession, forensic, and eyewitness evidence, during police investigations and at trial. As a result, both law and science have come together …


The Fragile Promise Of Open-File Discovery, Ben Grunwald Jan 2017

The Fragile Promise Of Open-File Discovery, Ben Grunwald

Faculty Scholarship

Under traditional rules of criminal discovery, defendants are entitled to little prosecutorial evidence and are thus forced to negotiate plea agreements and prepare for trial in the dark. In an effort to expand defendants’ discovery rights, a number of states have recently enacted “open-file” statutes, which require the government to share the fruits of its investigation with the defense. Legal scholars have widely supported these reforms, claiming that they level the playing field and promote judicial efficiency by decreasing trials and speeding up guilty pleas. But these predictions are based largely on intuition and anecdotal data without extended theoretical analysis …


Let Them Frye: Frye Hearings For Determination Of "Mental Disorders" In The Sexually Violent Persons Act, Hannah Henkel Jan 2017

Let Them Frye: Frye Hearings For Determination Of "Mental Disorders" In The Sexually Violent Persons Act, Hannah Henkel

Journal of Criminal Law and Criminology

Specific laws aimed at the confinement of mentally disabled sexually violent persons have existed for years. Originally, these laws aimed to rehabilitate a person within a mental hospital and help him with his disorders, aiming to help him enter back into society. However, throughout the years, the laws morphed into ways to keep convicted criminals from society after their prison sentence ended for fear of potential future crimes. In Illinois, the courts find a man falls within the sexually violent persons law when he remains too dangerous to be released after his criminal confinement. A person must have a “mental …


Revisiting The Public Safety Exception To Miranda For Suspected Terrorists: Dzhokhar Tsarnaev And The Bombing Of The 2013 Boston Marathon, Hannah Lonky Jan 2017

Revisiting The Public Safety Exception To Miranda For Suspected Terrorists: Dzhokhar Tsarnaev And The Bombing Of The 2013 Boston Marathon, Hannah Lonky

Journal of Criminal Law and Criminology

This Comment examines the application of the public safety exception to Miranda to cases of domestic terrorism, looking particularly at the case of Dzhokhar Tsarnaev and the 2013 Boston Marathon bombing. By comparing the Department of Justice’s War on Terror policies to the Warren Court’s rationale for Miranda, this Comment argues that courts should require law enforcement officers to have reasonable knowledge of an immediate threat to public safety before they may properly invoke the Quarles public safety exception.


Examining Jurors: Applying Conversation Analysis To Voir Dire In Capital Cases, A First Look, Barbara O'Brien, Catherine M. Grosso, Abijah P. Taylor Jan 2017

Examining Jurors: Applying Conversation Analysis To Voir Dire In Capital Cases, A First Look, Barbara O'Brien, Catherine M. Grosso, Abijah P. Taylor

Journal of Criminal Law and Criminology

Scholarship about racial disparities in jury selection is extensive, but the data about how parties examine potential jurors in actual trials is limited. This study of jury selection for 792 potential jurors across twelve randomly selected North Carolina capital cases uses conversation analysis to examine the process that produces decisions about who serves on juries. To examine how race influences conversations in voir dire, we adapted the Roter Interaction Analysis System, a widely used framework for understanding the dynamics of patient–clinician communication during clinical encounters, to the legal setting for the first time. This method allows us to document the …


Race And Death Sentencing For Oklahoma Homicides Committed Between 1990 And 2012, Glenn L. Pierce, Michael L. Radelet, Susan Sharp Jan 2017

Race And Death Sentencing For Oklahoma Homicides Committed Between 1990 And 2012, Glenn L. Pierce, Michael L. Radelet, Susan Sharp

Journal of Criminal Law and Criminology

This Article examines 4,668 Oklahoma homicide cases with an identified suspect that occurred during a twenty-three year period between January 1, 1990, and December 31, 2012. Among these, we identified 153 cases that ended with a death sentence. Overall we found that while the defendant’s race did not correlate with a death sentence, there was a strong correlation with the race of the victim, with cases with white victims significantly more likely to end with a death sentence than cases with non-white victims. Homicides with female victims were also more likely to result in a death sentence than other cases. …


Waivering About The Dirty Business Of Plea Bargains—A Comment, Jonathan Shapiro Jan 2017

Waivering About The Dirty Business Of Plea Bargains—A Comment, Jonathan Shapiro

Washington and Lee Law Review

No abstract provided.


The 2016 Amendments To Criminal Rule 41: National Search Warrants To Seize Cyberspace, “Particularly” Speaking, Devin M. Adams Jan 2017

The 2016 Amendments To Criminal Rule 41: National Search Warrants To Seize Cyberspace, “Particularly” Speaking, Devin M. Adams

Law Student Publications

George Orwell's dystopia, with the ever-watchful Big Brother, has seemingly become a reality with the recently passed amendments to Rule 41 of the Federal Rules of Criminal Procedure. Rule 41, governing searches and seizures, now permits magistrate judges to authorize agents- under a single warrant- to "remotely access," and simultaneously search, copy and seize information from an infinite number of unknown electronic devices in multiple districts anywhere in the country. The unlimited jurisdiction provision is triggered when a device's location is obscured through "technological means," or if agents are investigating computer crimes in five or more districts- regardless of whether …


Illegal Stops And The Exclusionary Rule: The Consequences Of Utah V. Strieff, Emily J. Sack Jan 2017

Illegal Stops And The Exclusionary Rule: The Consequences Of Utah V. Strieff, Emily J. Sack

Roger Williams University Law Review

No abstract provided.


Illegal Stops And The Exclusionary Rule: The Consequences Of Utah V. Strieff, Emily Sack Jan 2017

Illegal Stops And The Exclusionary Rule: The Consequences Of Utah V. Strieff, Emily Sack

Law Faculty Scholarship

No abstract provided.


Hotline Ping: Harmonizing Contemporary Cell Phone Technology With Traditional Fourth Amendment Protections, Brianne M. Chevalier Jan 2017

Hotline Ping: Harmonizing Contemporary Cell Phone Technology With Traditional Fourth Amendment Protections, Brianne M. Chevalier

Roger Williams University Law Review

No abstract provided.


Bad Cops Or Bad Training? How Police Officer Training Impacts Use Of Force Incidents., Kendra Bengtson Jan 2017

Bad Cops Or Bad Training? How Police Officer Training Impacts Use Of Force Incidents., Kendra Bengtson

Departmental Honors Projects

There has been growing tension between the police and public for allegations of excessive use of force, racism, and insufficient knowledge of mental illness. The purpose of this project is to examine how officers are trained to use force and what changes in training are still needed to limit using force. This project involved a comprehensive literature review on training, use of force, racial bias and mental illness. Additionally, seven in-depth interviews were conducted with individuals involved in the policing community, and four hours of use of force training and forty hours of de-escalation training were observed. This project found …


Table Of Contents, Public Interest Law Reporter Jan 2017

Table Of Contents, Public Interest Law Reporter

Public Interest Law Reporter

No abstract provided.


Sanctuary Cities And The Federal Government Power Struggle: How Sanctuary Cities Are Fighting Back, Conor Grealish Jan 2017

Sanctuary Cities And The Federal Government Power Struggle: How Sanctuary Cities Are Fighting Back, Conor Grealish

Public Interest Law Reporter

No abstract provided.


Reproductive Healthcare Under A New Administration, Alexandra Lehr Jan 2017

Reproductive Healthcare Under A New Administration, Alexandra Lehr

Public Interest Law Reporter

No abstract provided.


Cleaning Up The Act - The Illinois Domestic Workers' Bill Of Rights Act: Necessity, Purpose, And Effect, Joanna Pawlowska Jan 2017

Cleaning Up The Act - The Illinois Domestic Workers' Bill Of Rights Act: Necessity, Purpose, And Effect, Joanna Pawlowska

Public Interest Law Reporter

No abstract provided.


"An Alarming Trend": The Dangers Of Recently Proposed Anti-Protest Legislation, Kristine Ruhl Jan 2017

"An Alarming Trend": The Dangers Of Recently Proposed Anti-Protest Legislation, Kristine Ruhl

Public Interest Law Reporter

No abstract provided.


Trump And Pruitt's Epa: Are We Destined For A Seismic Shift In Environmental Law?, William Ryan Jan 2017

Trump And Pruitt's Epa: Are We Destined For A Seismic Shift In Environmental Law?, William Ryan

Public Interest Law Reporter

No abstract provided.


The Dodd-Frank Solution To Predatory Lending, Marko Stojkovic Jan 2017

The Dodd-Frank Solution To Predatory Lending, Marko Stojkovic

Public Interest Law Reporter

This Article is part two of a two-part series exploring the dangers of predatory lending and how Dodd-Frank and the Consumer Financial Protection Bureau ("CFPB") have solved predatory lending and ended the possibility of another subprime debacle. Part one covered how predatory lending harmed minority, low-income, and immigrant communities, and was a main cause of the 2008 economic collapse. Part two will show how the CFPB was built to stop and prevent predatory lending and another subprime debacle. The enactment and implementation of Dodd-Frank and the CFPB have improved the mortgage market. However, politicians and lawmakers, notably President Donald Trump …


Table Of Contents, Public Interest Law Reporter Jan 2017

Table Of Contents, Public Interest Law Reporter

Public Interest Law Reporter

No abstract provided.


Los Angeles As A Blueprint For Police Reform In Chicago, Stephen Rushin Jan 2017

Los Angeles As A Blueprint For Police Reform In Chicago, Stephen Rushin

Public Interest Law Reporter

No abstract provided.


Universal Basic Income: The New Safety Net?, Joseph Camper Jan 2017

Universal Basic Income: The New Safety Net?, Joseph Camper

Public Interest Law Reporter

No abstract provided.


Smartphones, Fingerprints, And Search Warrants, Fabiola De Armas Jan 2017

Smartphones, Fingerprints, And Search Warrants, Fabiola De Armas

Public Interest Law Reporter

No abstract provided.


New Income Shares Model For Determining Child Support To Be More Equitable, Jennifer Straka Jan 2017

New Income Shares Model For Determining Child Support To Be More Equitable, Jennifer Straka

Public Interest Law Reporter

No abstract provided.


How Can Big Data Impact Affordable Housing?., Kara Simon Jan 2017

How Can Big Data Impact Affordable Housing?., Kara Simon

Public Interest Law Reporter

No abstract provided.


The American Dream After War: Veterans' Accessibility To A Higher Education Through The Post-9/11 Gi Bill, Maha Sadek Jan 2017

The American Dream After War: Veterans' Accessibility To A Higher Education Through The Post-9/11 Gi Bill, Maha Sadek

Public Interest Law Reporter

The Post-9/11 Veterans' Educational Assistance Act of 2008 ("Post-9/11 GI Bill") went into-effect in 2009. Since 2013, about 800,000 service men and women have taken advantage of their Post-9/11 GI Bill benefits, and 80% of GI Bill spending is attributed to the Post-9/11 GI Bill. Though educational benefits are provided, at varying rates to veterans who served after September 10, 2001, about 26% of veterans aged 25 or older have a bachelor's degree compared to 28% of the total population. There are several factors that contribute to veteran's attainability of a degree including adjusting to life outside of the military …


Reaping Whirlwind: How U.S. Interventionist Foreign Policies Created Our Immigration Crisis, Nubia Batista Willman Jan 2017

Reaping Whirlwind: How U.S. Interventionist Foreign Policies Created Our Immigration Crisis, Nubia Batista Willman

Public Interest Law Reporter

No abstract provided.


Juvenile Justice: Oppose H.R. 3697, The Criminal Alien Gang Member Removal Act, Elizabeth Rodriguez Jan 2017

Juvenile Justice: Oppose H.R. 3697, The Criminal Alien Gang Member Removal Act, Elizabeth Rodriguez

Public Interest Law Reporter

No abstract provided.


The Transgender Military Ban: A Major Step Back For Lgbt Rights, Jon Santiago Jan 2017

The Transgender Military Ban: A Major Step Back For Lgbt Rights, Jon Santiago

Public Interest Law Reporter

No abstract provided.