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Criminal Procedure Commons™

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2021

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Articles 301 - 330 of 390

Full-Text Articles in Criminal Procedure

Proffitt V. Florida: Distorting Death, Corinna Lain Jan 2021

Proffitt V. Florida: Distorting Death, Corinna Lain

Law Faculty Publications

This essay, Chapter 7 in Painting Constitutional Law, examines Xavier Cortada’s depiction of Proffitt v. Florida, the 1976 decision that approved Florida’s guided discretion statute after Furman v. Georgia had invalidated the death penalty in 1972. Cortada’s depiction is a fantastical piece, a piece that captures the horror of death by electrocution set against two columns of ominous looking Roman numerals. The Roman numerals represent the mechanical imposition of death — the formulaic approach to death penalty decision-making that tells sentencers to simply add up the columns of aggravating and mitigating circumstances and see where the balance lies. Cortada resists …


Three Observations About The Worst Of The Worst, Virginia-Style, Corinna Lain Jan 2021

Three Observations About The Worst Of The Worst, Virginia-Style, Corinna Lain

Law Faculty Publications

Much could be said about Virginia’s historic decision to repeal the death penalty, and Professor Klein’s essay provides a wonderful starting point for any number of important discussions. We could talk about how the decision came to be. Or why the move is so momentous. Or what considerations were particularly important in the decision‑making process. Or where we should go from here. But in this brief comment, I’ll be focusing not on the how, or the why, or the what, or the where, but rather on the who. Who are condemned inmates, both generally and Virginia‑style?


Plea Bargaining: A Test Of Dual Discounting Preferences For Non-Monetary Losses, Lauren E. Clatch Jan 2021

Plea Bargaining: A Test Of Dual Discounting Preferences For Non-Monetary Losses, Lauren E. Clatch

Law Faculty Publications

Judgment and decision-making research on discounting suggests that when humans are thinking about gains, they tend to prefer certain and immediate outcomes to uncertain and delayed outcomes. However, discounting has been studied primarily using monetary commodities and, until recently, by testing one feature of the binary forced-choice task at a time: delay, probability, or amount of money received/lost. The present research is the first test of a dual discounting task that combines probability and delay into a single, binary forced-choice task in a non-monetary loss context. The key findings, based on three studies, suggest that delay and probability discounting play …


The Meaningless Factual Basis Inquiry Of Rule 11(B)(3), Hayley Stillwell Jan 2021

The Meaningless Factual Basis Inquiry Of Rule 11(B)(3), Hayley Stillwell

Faculty Articles

The near extinction of the federal criminal trial necessarily means a near extinction of numerous constitutional rights when someone is charged with committing a crime. The limited constitutional protections embedded in a change of plea hearing, then, are exceptionally important to ensure the criminal justice system convicts only the guilty. The factual basis inquiry, which ensures a conviction is not obtained in violation of due process, therefore must be meaningfully enforced to protect the criminal defendant from being convicted of a crime he does not know he did not commit. Specifically, when an element of the crime charged is the …


The Trial Lottery, Kiel Brennan-Marquez, Darryl Brown, Stephen E. Henderson Jan 2021

The Trial Lottery, Kiel Brennan-Marquez, Darryl Brown, Stephen E. Henderson

Faculty Articles

Juries are the lifeblood of our criminal justice system. As the Framers clearly understood, and as the Supreme Court has consistently reaffirmed in recent years, their value goes far beyond accuracy in individual cases. Criminal juries are a democratic bulwark against overzealous state power; they keep prosecutors and police in check. Accordingly, the disappearance of traditional criminal trials is not just a problem for individual defendants. It is a problem for all of us. In this Article, we propose a novel mechanism to (partly) restore the criminal jury to its rightful pride of place—a trial lottery. In short, a small …


Giving Joseph Hearings Their Due: How To Ensure That Joseph Hearings Pass Due Process Muster, Amy Greer Jan 2021

Giving Joseph Hearings Their Due: How To Ensure That Joseph Hearings Pass Due Process Muster, Amy Greer

Roger Williams University Law Review

No abstract provided.


State V. Mensah, 227 A.3d 474 (R.I. 2020), Ruth C. Nwauche Jan 2021

State V. Mensah, 227 A.3d 474 (R.I. 2020), Ruth C. Nwauche

Roger Williams University Law Review

No abstract provided.


State V. Parrillo, 228 A.3d 613 (R.I. 2020), Sheya Rivard Jan 2021

State V. Parrillo, 228 A.3d 613 (R.I. 2020), Sheya Rivard

Roger Williams University Law Review

No abstract provided.


Prosecutors And Mass Incarceration, Shima Baradaran Baughman, Megan Wright Jan 2021

Prosecutors And Mass Incarceration, Shima Baradaran Baughman, Megan Wright

Faculty Scholarship

It has long been postulated that America’s mass incarceration phenomenon is driven by increased drug arrests, draconian sentencing, and the growth of a prison industry. Yet among the major players—legislators, judges, police, and prosecutors—one of these is shrouded in mystery. While laws on the books, judicial sentencing, and police arrests are all public and transparent, prosecutorial charging decisions are made behind closed doors with little oversight or public accountability. Indeed, without notice by commentators, during the last ten years or more, crime has fallen, and police have cut arrests accordingly, but prosecutors have actually increased the ratio of criminal court …


Table Of Contents, Public Interest Law Reporter Jan 2021

Table Of Contents, Public Interest Law Reporter

Public Interest Law Reporter

No abstract provided.


The Chicago Police Department's Murder Of Adam Toledo Was Not Justifiable Self-Defense, Cruz Rodriguez Jan 2021

The Chicago Police Department's Murder Of Adam Toledo Was Not Justifiable Self-Defense, Cruz Rodriguez

Public Interest Law Reporter

No abstract provided.


Franco And Fraihat: The Unexpected Consequences Of Overlap, Romina Nemaci Jan 2021

Franco And Fraihat: The Unexpected Consequences Of Overlap, Romina Nemaci

Public Interest Law Reporter

No abstract provided.


Voter Suppression In Georgia, Eli Woods Jan 2021

Voter Suppression In Georgia, Eli Woods

Public Interest Law Reporter

No abstract provided.


Revisiting Poverty Under Equal Protection In The Wake Of Covid-19, Alexis O'Connor Jan 2021

Revisiting Poverty Under Equal Protection In The Wake Of Covid-19, Alexis O'Connor

Public Interest Law Reporter

No abstract provided.


When Justice Is Blind: Accommodations For Judges With Visual Impairments And Blindness, Annie Mann Jan 2021

When Justice Is Blind: Accommodations For Judges With Visual Impairments And Blindness, Annie Mann

Public Interest Law Reporter

No abstract provided.


On Gang Databases, Louise Carhart Jan 2021

On Gang Databases, Louise Carhart

Public Interest Law Reporter

No abstract provided.


Inequity For People Of Color In Healthcare In The Wake Of A Global Pandemic, Colleen Ahern Jan 2021

Inequity For People Of Color In Healthcare In The Wake Of A Global Pandemic, Colleen Ahern

Public Interest Law Reporter

No abstract provided.


Table Of Contents, Public Interest Law Reporter Jan 2021

Table Of Contents, Public Interest Law Reporter

Public Interest Law Reporter

No abstract provided.


"We Can't Breathe." Like George Floyd, Black Families In New York City Have A Knee On Their Necks, Shanee Brown Jan 2021

"We Can't Breathe." Like George Floyd, Black Families In New York City Have A Knee On Their Necks, Shanee Brown

Public Interest Law Reporter

No abstract provided.


A Look At Race & Reparations In America, Annie Keller Jan 2021

A Look At Race & Reparations In America, Annie Keller

Public Interest Law Reporter

No abstract provided.


The Persecution Of Asylum Seekers, Juan Gonzalez-Martinez Jan 2021

The Persecution Of Asylum Seekers, Juan Gonzalez-Martinez

Public Interest Law Reporter

No abstract provided.


Examining The 2021 Texas Power Grid Crisis, Dean Jepsen Jan 2021

Examining The 2021 Texas Power Grid Crisis, Dean Jepsen

Public Interest Law Reporter

No abstract provided.


Supplemental Security Income: How A Noble Mission Without Modernization Perpetuates Poverty, Caroline Jarcho Jan 2021

Supplemental Security Income: How A Noble Mission Without Modernization Perpetuates Poverty, Caroline Jarcho

Public Interest Law Reporter

No abstract provided.


The Right To Vote: Felony Disenfranchisement And Making Restoration A Reality, Montana Birringer Jan 2021

The Right To Vote: Felony Disenfranchisement And Making Restoration A Reality, Montana Birringer

Public Interest Law Reporter

No abstract provided.


Women’S Votes, Women’S Voices, And The Limits Of Criminal Justice Reform, 1911–1950, Carolyn B. Ramsey Jan 2021

Women’S Votes, Women’S Voices, And The Limits Of Criminal Justice Reform, 1911–1950, Carolyn B. Ramsey

Publications

Deriving its vigor from the work of grassroots organizations at the state and local levels, the League of Women Voters (LWV) sought, in the first half of the twentieth century, to provide newly enfranchised women with a political education to strengthen their voice in public affairs. Local branches like the San Francisco Center learned from experience—through practical involvement in a variety of social welfare and criminal justice initiatives. This Article, written for a symposium commemorating the centennial of the Nineteenth Amendment, assesses the role of LWV leaders in California and especially San Francisco in reforming three aspects of the criminal …


The Bivens "Special Factors" And Qualified Immunity: Duplicative Barriers To The Vindication Of Constitutional Rights, Amelia G. Collins Jan 2021

The Bivens "Special Factors" And Qualified Immunity: Duplicative Barriers To The Vindication Of Constitutional Rights, Amelia G. Collins

University of Richmond Law Review

Part I of this note traces the history of the Bivens cause of action and analyzes the original “special factors” that concerned the Supreme Court. Part I also outlines the purpose behind implying a Bivens cause of action for plaintiffs bringing constitutional claims. Part II includes the same analysis of the qualified immunity defense, both to its history and purpose. Part III demonstrates how the Supreme Court has incorporated the concerns addressed by qualified immunity into the “special factors” analysis, rather than acknowledging the mitigating nature of immunity defenses when examining if any “special factors” exist. Finally, Part IV argues …


Just Another Fast Girl: Exploring Slavery's Continued Impact On The Loss Of Black Girlhood, Mikah K. Thompson Jan 2021

Just Another Fast Girl: Exploring Slavery's Continued Impact On The Loss Of Black Girlhood, Mikah K. Thompson

Faculty Works

A troubling legacy of American chattel slavery is the justice system’s continued failure to provide adequate protection to African-American crime victims. This piece focuses on the law’s historic unwillingness to shield Black girls from acts of sexual violence. During slavery, lawmakers refused to criminalize rape committed against Black girls and women based not only on the fact that they were considered property but also on stereotypes about their sexuality. Even though the law now criminalizes the rape of Black girls, African-American rape survivors encounter more skepticism and hostility when they come forward with their stories compared to their White counterparts. …


Abridging The Fifth Amendment: Compelled Decryption, Passwords, & Biometrics, Raila Cinda Brejt Jan 2021

Abridging The Fifth Amendment: Compelled Decryption, Passwords, & Biometrics, Raila Cinda Brejt

Fordham Intellectual Property, Media and Entertainment Law Journal

Technological developments change the way we perform tasks by creating more efficient solutions to old problems and giving rise to opportunities not previously possible. Advances in communications technology have made the world feel smaller and more accessible. These changes also affect the methodology of both criminal activity and the investigative procedures of law enforcement. Our fundamental rights are challenged as judges and state actors try to strike the perfect balance between longstanding values and contemporary problems. This Note considers the Fifth Amendment challenges that arise when law enforcement attempts to obtain evidence from a criminal defendant’s encrypted device. This Note …


United States V. Herman, Tyler Wilkerson Jan 2021

United States V. Herman, Tyler Wilkerson

NYLS Law Review

No abstract provided.


The “Critical Stage” Of Plea-Bargaining And Disclosure Of Exculpatory Evidence, Gabriella Castellano Jan 2021

The “Critical Stage” Of Plea-Bargaining And Disclosure Of Exculpatory Evidence, Gabriella Castellano

NYLS Law Review

No abstract provided.