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Criminal Procedure Commons™

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2020

Discipline
Institution
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Publication
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Articles 301 - 330 of 388

Full-Text Articles in Criminal Procedure

A Homes Guarantee For Chicago, Bobby Vanecko Jan 2020

A Homes Guarantee For Chicago, Bobby Vanecko

Public Interest Law Reporter

No abstract provided.


The Presence Of Racial Disparities At Every Decisional Phase Of The Criminal Legal System, Nadia Woods Jan 2020

The Presence Of Racial Disparities At Every Decisional Phase Of The Criminal Legal System, Nadia Woods

Public Interest Law Reporter

No abstract provided.


Table Of Contents, Public Interest Law Reporter Jan 2020

Table Of Contents, Public Interest Law Reporter

Public Interest Law Reporter

No abstract provided.


The Legal And Constitutional Consequences Of U.S. Police Departments Collaborating With Israeli Security Forces, Cruz Rodriguez Jan 2020

The Legal And Constitutional Consequences Of U.S. Police Departments Collaborating With Israeli Security Forces, Cruz Rodriguez

Public Interest Law Reporter

No abstract provided.


Defunding The Police: A "Snappy Slogan" Or A Way Forward For People Of Color?, Adonis Totten Jan 2020

Defunding The Police: A "Snappy Slogan" Or A Way Forward For People Of Color?, Adonis Totten

Public Interest Law Reporter

No abstract provided.


Use Of Force In Unsuccessful Arrests: Torres V. Madrid Tests Scope Of Fourth Amendment Protections, Alexis O'Connor Jan 2020

Use Of Force In Unsuccessful Arrests: Torres V. Madrid Tests Scope Of Fourth Amendment Protections, Alexis O'Connor

Public Interest Law Reporter

No abstract provided.


A New Frontier For Ending Qualified Immunity: State Civil Rights Acts, Kyle Johnson Jan 2020

A New Frontier For Ending Qualified Immunity: State Civil Rights Acts, Kyle Johnson

Public Interest Law Reporter

No abstract provided.


Don't Let The Label Fool You: A Closer Look At Less-Lethal Weapons In Policing, Annie Mann Jan 2020

Don't Let The Label Fool You: A Closer Look At Less-Lethal Weapons In Policing, Annie Mann

Public Interest Law Reporter

No abstract provided.


Can We Help Without Knowing It's There: The Importance Of Trauma Screening In The Youth Justice Systen, Sarah Ryan Jan 2020

Can We Help Without Knowing It's There: The Importance Of Trauma Screening In The Youth Justice Systen, Sarah Ryan

Public Interest Law Reporter

No abstract provided.


A Pandemic Behind Bars, Camila Kaplunov Jan 2020

A Pandemic Behind Bars, Camila Kaplunov

Public Interest Law Reporter

No abstract provided.


Education Challenges During A Global Pandemic, Colleen Ahern Jan 2020

Education Challenges During A Global Pandemic, Colleen Ahern

Public Interest Law Reporter

No abstract provided.


Environmental Racism In The Age Of Covid-19, Eli Woods Jan 2020

Environmental Racism In The Age Of Covid-19, Eli Woods

Public Interest Law Reporter

No abstract provided.


Disenfranchisement Of People With Felony Records And The Racial Discrimination Behind It, Giovanni Padilla Jan 2020

Disenfranchisement Of People With Felony Records And The Racial Discrimination Behind It, Giovanni Padilla

Public Interest Law Reporter

No abstract provided.


Right To Counsel For Asylum Applicants, Romina Nemaci Jan 2020

Right To Counsel For Asylum Applicants, Romina Nemaci

Public Interest Law Reporter

No abstract provided.


1986 Mass Legalization: How The Irca Can Guide A Modern-Day Amnesty Act, Louisa Carhart Jan 2020

1986 Mass Legalization: How The Irca Can Guide A Modern-Day Amnesty Act, Louisa Carhart

Public Interest Law Reporter

No abstract provided.


Lie To Me: Examining Specific Intent Under 18 U.S.C. §§ 1001, 1035 Jan 2020

Lie To Me: Examining Specific Intent Under 18 U.S.C. §§ 1001, 1035

Florida A & M University Law Review

One court notes that the Supreme Court of the United States (“SCOTUS”) has previously not found specific intent to be required under similar language within Section 1001.9 While there are many similarities between Sections 1001 and 1035, there are salient differences. Notwithstanding the differences, this Article argues that Sections 1001 and 1035 should be interpreted without “intent to deceive” and rather be interpreted as a strict liability offense. This argument began with Part I, which provided a brief introduction regarding specific intent under Sections 1001 and 1035. Part II examines the purpose of criminalizing false statements, which identifies why the …


The International Law Commission's First Draft Convention On Crimes Against Humanity: Codification, Progressive Development, Or Both?, Charles C. Jalloh Jan 2020

The International Law Commission's First Draft Convention On Crimes Against Humanity: Codification, Progressive Development, Or Both?, Charles C. Jalloh

Articles

In 2017, the International Law Commission ("ILC") which was established by the UN General Assembly in 1947 to assist States with the promotion of (1) the progressive development of international law and (2) its codification, adopted on first reading a draft convention on crimes against humanity which it transmitted to States for comments. The draft convention seeks to help fill the present gap in the law of international crimes since States criminalized genocide in 1948 and war crimes in 1949, but missed the opportunity to do so for crimes against humanity. This Article examines the first reading text, as submitted …


What Keith Bush’S Exoneration Teaches Us About Wrongful Convictions, Oscar Michelen Jan 2020

What Keith Bush’S Exoneration Teaches Us About Wrongful Convictions, Oscar Michelen

Journal of Race, Gender, and Ethnicity

No abstract provided.


The Central Park Five As “Discrete And Insular” Minorities Under The Equal Protection Clause: The Evolution Of The Right To Counsel For Wrongfully Convicted Minors, Todd K. Beharry Jan 2020

The Central Park Five As “Discrete And Insular” Minorities Under The Equal Protection Clause: The Evolution Of The Right To Counsel For Wrongfully Convicted Minors, Todd K. Beharry

Journal of Race, Gender, and Ethnicity

No abstract provided.


From Common Law To Constitution, Sanctioned Dispossession And Subjugation Through Otherization And Discriminatory Classification, Mobolaji Oladeji Jan 2020

From Common Law To Constitution, Sanctioned Dispossession And Subjugation Through Otherization And Discriminatory Classification, Mobolaji Oladeji

Journal of Race, Gender, and Ethnicity

No abstract provided.


Confessions, Convictions And Controversy: An Examination Of False Confessions Leading To Wrongful Convictions In The United States Throughout History, Kirandeep Kaur Jan 2020

Confessions, Convictions And Controversy: An Examination Of False Confessions Leading To Wrongful Convictions In The United States Throughout History, Kirandeep Kaur

Journal of Race, Gender, and Ethnicity

No abstract provided.


Excessive Force: A Feasible Proximate Cause Approach, Latasha M. James Jan 2020

Excessive Force: A Feasible Proximate Cause Approach, Latasha M. James

University of Richmond Law Review

Through an analysis of the statutory and case law surrounding the use of excessive force, this Comment will review how differentiating applications of the law have led to varying and sometimes unjust results. Jurisdictions differ regarding what pre-shooting conduct can be considered, what the “objective reasonableness” standard encompasses, and how tort law should impact this analysis. Therefore, this Comment works to provide a framework for the consistent application of the objective reasonableness standard. Part I reviews the proscribed levels of force, noting when the use of force becomes excessive, and discusses the tort concept of proximate cause and how the …


United States V. Touset, Katelyn James Jan 2020

United States V. Touset, Katelyn James

NYLS Law Review

No abstract provided.


From The Legal Literature: Criminalizing Propaganda: J. Remy Green’S Argument To Digitize Brandenburg, Francesca Laguardia Jan 2020

From The Legal Literature: Criminalizing Propaganda: J. Remy Green’S Argument To Digitize Brandenburg, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.


From The Legal Literature: The Threat And Promise Of Police Use Of Dna Databases, Francesca Laguardia Jan 2020

From The Legal Literature: The Threat And Promise Of Police Use Of Dna Databases, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.


From The Legal Literature: Automating Police, Francesca Laguardia Jan 2020

From The Legal Literature: Automating Police, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.


From The Legal Literature: Disentangling Prison And Punishment, Francesca Laguardia Jan 2020

From The Legal Literature: Disentangling Prison And Punishment, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.


Sentencing Disparities And The Dangerous Perpetuation Of Racial Bias, Jelani Jefferson Exum Jan 2020

Sentencing Disparities And The Dangerous Perpetuation Of Racial Bias, Jelani Jefferson Exum

Faculty Publications

This Article addresses the role that racial disparities— specifically sentencing disparities—play in perpetuating the racial bias that increases the daily danger of living as a Black American in the United States. As documented in the news and by sometimes humorous internet memes, White people have called the police many times to report Black people who were simply living as any other American. This trend highlights the manner in which the U.S. criminal justice system’s racial inequities feed into biased beliefs about Black criminality. This Article argues that instead of tackling implicit bias as a means to fight sentencing and other …


Convictions As Guilt, Anna Roberts Jan 2020

Convictions As Guilt, Anna Roberts

Faculty Publications

A curious tension exists in scholarly discourse about the criminal legal system. On the one hand, a copious body of work exposes a variety of facets of the system that jeopardize the reliability of convictions. These include factors whose influence is pervasive: the predominance of plea bargaining, for example, and the subordination of the defense. On the other hand, scholars often discuss people who have criminal convictions in a way that appears to assume crime commission. This apparent assumption obscures crucial failings of the system, muddies the role of academia, and, given the unequal distribution of criminal convictions, risks compounding …


Categorical Nonuniformity, Sheldon Evans Jan 2020

Categorical Nonuniformity, Sheldon Evans

Faculty Publications

The categorical approach, which is a method federal courts use to ‘categorize’ which state law criminal convictions can trigger federal sanctions, is one of the most impactful yet misunderstood legal doctrines in criminal and immigration law. For thousands of criminal offenders, the categorical approach determines whether a previous state law conviction—as defined by the legal elements of the crime—sufficiently matches the elements of the federal crime counterpart that justifies imposing harsh federal sentencing enhancements or even deportation for noncitizens. One of the normative goals courts have invoked to uphold this elements-based categorical approach is that it produces nationwide uniformity. Ironically, …