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Articles 61 - 90 of 207
Full-Text Articles in Criminal Procedure
People V. Boone, Diane Somberg
The Antidemocratic Sixth Amendment, Janet Moore
The Antidemocratic Sixth Amendment, Janet Moore
Faculty Articles and Other Publications
Criminal procedure experts often claim that poor people have no Sixth Amendment right to choose their criminal defense lawyers. These experts insist that the Supreme Court has reserved the Sixth Amendment right to choose for the small minority of defendants who can afford to hire counsel. This Article upends that conventional wisdom with new doctrinal, theoretical, and practical arguments supporting a Sixth Amendment right to choose for all defendants, including the overwhelming majority who are indigent. The Article’s fresh case analysis shows the Supreme Court’s “no-choice” statements are dicta, which the Court’s own reasoning and rulings refute. The Article’s new …
When The Police Get The Law Wrong: How Heien V. North Carolina Further Erodes The Fourth Amendment, Vivan M. Rivera
When The Police Get The Law Wrong: How Heien V. North Carolina Further Erodes The Fourth Amendment, Vivan M. Rivera
Loyola of Los Angeles Law Review
No abstract provided.
Prosecutorial Ventriloquism: People V. Tom And The Substantive Use Of Post-Arrest, Pre-Miranda Silence To Infer Consciousness Of Guilt, Joshua Bornstein
Prosecutorial Ventriloquism: People V. Tom And The Substantive Use Of Post-Arrest, Pre-Miranda Silence To Infer Consciousness Of Guilt, Joshua Bornstein
Loyola of Los Angeles Law Review
No abstract provided.
Policing In The Era Of Permissiveness: Mitigating Misconduct Through Third-Party Standing, Julian A. Cook
Policing In The Era Of Permissiveness: Mitigating Misconduct Through Third-Party Standing, Julian A. Cook
Scholarly Works
On April 4, 2015, Walter L. Scott was driving his vehicle when he was stopped by Officer Michael T. Slager of the North Charleston, South Carolina, police department for a broken taillight. A dash cam video from the officer’s vehicle showed the two men engaged in what appeared to be a rather routine verbal exchange. Sometime after Slager returned to his vehicle, Scott exited his car and ran away from Slager, prompting the officer to pursue him on foot. After he caught up with Scott in a grassy field near a muffler establishment, a scuffle between the men ensued, purportedly …
Making Sure We Are Getting It Right: Repairing "The Machinery Of Death" By Narrowing Capital Eligibility, Ann E. Reid
Making Sure We Are Getting It Right: Repairing "The Machinery Of Death" By Narrowing Capital Eligibility, Ann E. Reid
University of Richmond Law Review
No abstract provided.
Temporal Arbitrariness: A Back To The Future Look At A Twenty-Five-Year-Old Death Penalty Trial, Mary Kelly Tate
Temporal Arbitrariness: A Back To The Future Look At A Twenty-Five-Year-Old Death Penalty Trial, Mary Kelly Tate
University of Richmond Law Review
No abstract provided.
Interrogation Policies, Brandon L. Garrett
Interrogation Policies, Brandon L. Garrett
University of Richmond Law Review
No abstract provided.
Qualified Immunity In The Fourth Amendment: A Practical Application Of 1983 As It Applies To Fourth Amendment Excessive Force Cases, Karen Blum
Touro Law Review
No abstract provided.
Supreme Court's Analysis Of Issues Raised By Death Penalty Litigants In The Court's 2004 Term, Richard Klein
Supreme Court's Analysis Of Issues Raised By Death Penalty Litigants In The Court's 2004 Term, Richard Klein
Touro Law Review
No abstract provided.
Appellate Division, Third Department, People V. Rivette, Michele Kligman
Appellate Division, Third Department, People V. Rivette, Michele Kligman
Touro Law Review
No abstract provided.
District Court, Nassau County, People V. Yaghoubi, David Schoenhaar
District Court, Nassau County, People V. Yaghoubi, David Schoenhaar
Touro Law Review
No abstract provided.
Criminal Procedure Decisions In The October 2005 Term, Susan N. Herman
Criminal Procedure Decisions In The October 2005 Term, Susan N. Herman
Touro Law Review
No abstract provided.
Criminal Procedure Decisions From The October 2006 Term, Susan N. Herman
Criminal Procedure Decisions From The October 2006 Term, Susan N. Herman
Touro Law Review
No abstract provided.
Supreme Court Of New York Appellate Division, Third Department - People V. Willette, Mark Tsukerman
Supreme Court Of New York Appellate Division, Third Department - People V. Willette, Mark Tsukerman
Touro Law Review
No abstract provided.
One Less Juror: A Defendant's Right To Juror Substitution, Luzan Moore
One Less Juror: A Defendant's Right To Juror Substitution, Luzan Moore
Touro Law Review
No abstract provided.
"But My Attorney Didn't Tell Me I'D Be Deported!"--The Retroactivity Of Padilla, Tara M. Breslawski
"But My Attorney Didn't Tell Me I'D Be Deported!"--The Retroactivity Of Padilla, Tara M. Breslawski
Touro Law Review
No abstract provided.
Are You Satisfied With Your Representation?--The Sixth Amendment Right To Effective Assistance Of Counsel, Dean M. Villani
Are You Satisfied With Your Representation?--The Sixth Amendment Right To Effective Assistance Of Counsel, Dean M. Villani
Touro Law Review
No abstract provided.
An Effective But Unreported Application Of Lafler & Frye, Christopher M. Gavin
An Effective But Unreported Application Of Lafler & Frye, Christopher M. Gavin
Touro Law Review
No abstract provided.
Blind Injustice: The Supreme Court, Implicit Racial Bias, And The Racial Disparity In The Criminal Justice System, Tyler Rose Clemons
Blind Injustice: The Supreme Court, Implicit Racial Bias, And The Racial Disparity In The Criminal Justice System, Tyler Rose Clemons
Faculty Publications
(Excerpt)
“The way to stop discrimination on the basis of race is to stop discriminating on the basis of race.” This statement by Chief Justice John Roberts in 2007 is alluring in both its grammatical symmetry and its logical simplicity. Yet it encapsulates the naiveté of the view of racial discrimination currently held by the majority of the justices of the Supreme Court of the United States. Chief Justice Roberts’s assertion contains the implied assumption that the only racial discrimination that exists—or at least the only kind that matters under the Constitution—is explicit and susceptible to conscious control. Decades of …
Flying Solo Without A License: The Right Of Pro Se Defendants To Crash And Burn - People V. Smith, Tiffany Frigenti
Flying Solo Without A License: The Right Of Pro Se Defendants To Crash And Burn - People V. Smith, Tiffany Frigenti
Touro Law Review
No abstract provided.
Qualified Immunity Developments: Not Much Hope Left For Plaintiffs, Karen Blum, Erwin Chemerinsky, Martin A. Schwartz
Qualified Immunity Developments: Not Much Hope Left For Plaintiffs, Karen Blum, Erwin Chemerinsky, Martin A. Schwartz
Touro Law Review
No abstract provided.
The Right To Plea Bargain With Competent Counsel After Cooper And Frye: Is The Supreme Court Making The Ordinary Criminal Process Too Long, Too Expensive, And Unpredictable In Pursuit Of Perfect Justice, Bruce A. Green
Faculty Scholarship
In Lafler v. Cooper and Missouri v. Frye, the Supreme Court recently ruled in favor of criminal defendants who were deprived of a favorable plea offer because of their lawyers’ professional lapses. In dissent, Justice Scalia complained that “[t]he ordinary criminal process has become too long, too expensive, and unpredictable,” because of the Court’s criminal procedure jurisprudence; that plea bargaining is “the alternative in which...defendants have sought relief,” and that the two new decisions on the Sixth Amendment right to effective representation in plea bargaining would add to the burden on the criminal process. This essay examines several aspects of …
Milking The New Sacred Cow: The Supreme Court Limits The Peremptory Challenge On Racial Grounds In Powers V. Ohio And Edmonson V. Leesville Concrete Co., Bradley R. Kirk
Milking The New Sacred Cow: The Supreme Court Limits The Peremptory Challenge On Racial Grounds In Powers V. Ohio And Edmonson V. Leesville Concrete Co., Bradley R. Kirk
Pepperdine Law Review
No abstract provided.
The Punishment Need Not Fit The Crime: Harmelin V. Michigan And The Eigth Amendment, Scott K. Petersen
The Punishment Need Not Fit The Crime: Harmelin V. Michigan And The Eigth Amendment, Scott K. Petersen
Pepperdine Law Review
No abstract provided.
Substance And Method In The Year 2000, Akhil Reed Amar
Substance And Method In The Year 2000, Akhil Reed Amar
Pepperdine Law Review
No abstract provided.
Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky
Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky
Pepperdine Law Review
No abstract provided.
Individual Autonomy Versus Community: Is It All Or Nothing? An Analysis Of City Of Chicago V. Morales , Keasa Hollister
Individual Autonomy Versus Community: Is It All Or Nothing? An Analysis Of City Of Chicago V. Morales , Keasa Hollister
Pepperdine Law Review
No abstract provided.
Search And Seizure: New York Vs. Federal Approach - People V. Keita, Tillie S. Mirman
Search And Seizure: New York Vs. Federal Approach - People V. Keita, Tillie S. Mirman
Touro Law Review
No abstract provided.
Setting Us Up For Disaster: The Supreme Court's Decision In Terry V. Ohio, Thomas B. Mcaffee
Setting Us Up For Disaster: The Supreme Court's Decision In Terry V. Ohio, Thomas B. Mcaffee
Nevada Law Journal
The controversies spawned by the Supreme Court’s decision in Terry v. Ohio are just about as expansive as the decision’s implications for the development of Fourth Amendment doctrine. And it was recently observed that it is perhaps the most criticized Fourth Amendment decision since the modern Supreme Court belatedly incorporated the amendment, and eventually the exclusionary rule.3 Fortunately, there is neither time nor space to address and fully resolve all of these controversies, or even to determine whether the case was just wrongly decided; the somewhat narrower thesis of this Article is that the long-term impact of Terry on the …