Criminal Procedure Commons^™

The Unwavering Movement: Integrating Reason Into British Penal Code 1730-1823, Rebecca M. Good

International ResearchScape Journal

Between the early 16^th and 18^th centuries, English attitude towards crime and correction were based on the strong held belief that faith and religion were the only cure to immorality. Lawmakers began to threaten citizens with capital punishment for menial crimes such as petty theft and begging. Resulting of a moral panic, lawmakers turned to the deterrence to dissuade citizens from partaking in criminal activity. The list of crimes punishable by death in England rose from 50 offenses in 1688 to over 220 in 1815. This article explains the origins of the Bloody Code and how Enlightenment-Era thought …

Select Criminal Law And Procedure Cases From The U.S. Supreme Court's 2018-2019 Term, Eve Brensike Primus, Kristin Froehle

Articles

Although the 2018-19 Term at the Supreme Court did not include any blockbuster rulings like Carpenter v. United States, the Court issued a number of significant criminal law and procedure rulings. It addressed warrantless blood-alcohol testing, the dual-sovereignty doctrine, the right to trial by jury, ineffective assistance of trial counsel, questions of incorporation, prisoners' competence to be executed, permissible methods of execution, and some important statutory interpretation questions. Looking back on the Term, Justice Gorsuch clearly solidified his position as the libertarian "swing" vote in criminal procedure cases. He joined the liberals to uphold a defendant's right to trial …

Getting Out: Bruce Bryant’S Climb To Redemption Inside Prison, Rachel M. Rippetoe, Sean Sanders-Mills

Capstones

Bruce Bryant, 50, was convicted of the murder of 11-year-old Travis Lilley in June 1996. Bryant maintains he never fired a weapon that day in 1993. But he recognizes that his lifestyle as a young person — he started dealing drugs when he was 14 — contributed to an environment in which a stray bullet could take a young life. And for that reason, he’s spent most of his 25 years in prison working to help young people.

With at least 12 more years on his sentence, Bryant is now asking the governor for early release, with the hope that …

Clemency Gives A Renewed Sense Of Hope To A Man Incarcerated For 39 Years, Annie Todd, Stephanie Chukwuma

Capstones

Paul Clark has spent the past 39 years incarcerated in New York prisons. He was 19 when he first went inside because he murdered a 17-year-old at an East Flatbush summer block party. A few years later, 25 years was added to his sentence for a crime he says he never committed. He's asked Governor Andrew Cuomo for clemency in 2019.

https://medium.com/@annietodd203/clemency-gives-renewed-sense-of-hope-to-man-incarcerated-for-39-years-44a8ee58db2e

Impact Of High Profile Police Use Of Force Incidents On Violent Crime Rates, Megan Galante

Honors Theses

This research study examined the relationship between high-profile police use of force incidents and local violent crime rates. It is important to analyze the impact that police use of force has on the respective community in regard to crime rates. This study analyzed three incidents of police use of force that have received extensive coverage in the media in order to determine if there was a change in the rates of violent crime in that city. The theory of de-policing suggests that in the aftermath of a high-profile incident of police brutality, police departments in the area change their behaviors …

Lawful Searches Incident To Unlawful Arrests: A Reform Proposal, Mark A. Summers

Faculty Scholarship

No abstract provided.

Hb 282 - Preservation Of Sexual Assault Evidence, Rebecca A. Dickinson, Alessandra T. Palazzolo

Georgia State University Law Review

This Act extends the time that law enforcement agencies are required to preserve certain evidence of sexual assault. Physical evidence of a reported sexual assault will be preserved for fifty years, and if there is an arrest, for thirty years from the date of arrest or seven years from the sentence’s completion.

The Right To Stay: The Suspension Clause, Constitutional Avoidance, And Federal District Court Jurisdiction To Grant Stays Of Removal Despite 8 U.S.C. Sec. 1252(G), Yael Ben Tov

Cardozo Law Review

No abstract provided.

Lawful Searches Incident To Unlawful Arrests: A Reform Proposal, Mark A. Summers

Buffalo Law Review

No abstract provided.

What’S The Point? The Missing Piece Of Criminal Justice Reform Through Consensus And Compromise, Jelani Jefferson Exum

Faculty Publications

(Excerpt)

Criminal justice reform has had a firm place in news headlines for more than a decade. When the mass incarceration crisis came to the fore in 2008, with reports that one in a hundred adults in America was behind bars, there had already long been cries for reducing the prison and jail populations. Reform has mainly been sought through two approaches: consensus through ballot initiative or legislative compromise. But these modes of reform share a fundamental failure: both often lack a clear articulation of the purpose of criminal sentencing. In other words, “What’s the point?” Without an agreement on …

Katz In The Cradle: The Second Justice Harlan And Reasonable Expectations Of Privacy In Electronic Transactional Information, Zachary Silver

Cardozo Law Review

No abstract provided.

Killer's Code: Familial Dna Searches Through Third-Party Databases Under Carpenter, Jesse Kitnick

Cardozo Law Review

No abstract provided.

“Armed And Dangerous” A Half Century Later: Today’S Gun Rights Should Impact Terry’S Framework, Alexander Butwin

Fordham Law Review

Over fifty years ago, in Terry v. Ohio, the U.S. Supreme Court established a two-part framework in which police officers may, without a warrant, stop and search an individual for weapons without violating the Fourth Amendment’s protections against unreasonable searches and seizures. Officers must (1) suspect that criminal activity has occurred, or will soon occur, and (2) have a reasonable fear that the individual is “armed” and poses a threat to the responding officers or to others—i.e., “dangerous.” The second prong’s exact meaning is disputed and has created a split among the circuits as to whether merely being “armed” …

From Decarceration To E-Carceration, Chaz Arnett

Cardozo Law Review

Each year, millions of Americans experience criminal justice surveillance through electronic ankle monitors. These devices have fundamentally altered our understanding of incarceration, punishment, and the extent of the carceral state, as they are increasingly offered as moderate penal sanctions and viable solutions to the problem of mass incarceration. They purportedly enable decarceration, albeit with enhanced surveillance in the community as the compromise. Proponents of the devices tout the public safety and cost benefits while stressing the importance of depopulating prisons and returning individuals to theircommunities. In recent years, an oppositional movement has developed, focused on highlighting the social harms of …

Racial Prejudice In The Criminal Justice System, Tori Cooper

Jessie O'Kelly Freshman Essay Award

Racial prejudice against African Americans has been the leading cause of high incarceration rates amongst the African American community. Within the United States, the census reported that African Americans make up about 17.9 percent of the population, with one-third of the people making up the incarcerated population in America. The disparity in those numbers highlights the current situation that is plaguing the nation. Blatant cases of racial profiling that have received media attention are a true testament of the broken law enforcement system from coast to coast. Racial prejudice cases have affected the black American community since the beginning of …

Cops And Cars: How The Automobile Drove Fourth Amendment Law, Tracey Maclin

Faculty Scholarship

This is an essay on Professor Sarah A. Seo’s new book, Policing the Open Road: How Cars Transformed American Freedom (Harvard Univ. Press 2019). I focus on Professor Seo’s analysis of Carroll v. United States, 267 U.S. 132 (1925) and Brinegar v. United States, 338 U.S. 160 (1949). Carroll is important not only because it was the Court’s first car case. Understanding Carroll (and Brinegar, which solidified and expanded Carroll’s holding) is essential because, nearly one hundred years later, its logic continues to direct how the modern Court resolves Fourth Amendment claims of motorists. Put simply, a majority of today’s …

Evidence’S #Metoo Moment, Aníbal Rosario-Lebrón

University of Miami Law Review

The #MeToo movement has drawn attention to the prevalence of sexual and gender-based violence. But more importantly, it has exposed how society discounts the testimony of women. This Article unfolds how this credibility discounting is reinforced in our evidentiary system through the use of character for untruthfulness evidence to impeach victims. Specifically, through defense attorneys’ practice of impeaching sexual and gender-based violence victims’ character for truthfulness as a way to introduce functional evidence of credibility biases regarding the trustworthiness of sexual and gender-based violence victims and the plausibility of their testimonies. The Article further shows a correlation between the poor …

Law Symposium: Adjudicating Sexual Misconduct On Campus: Title Ix And Due Process In Uncertain Times, Roger Williams University School Of Law, Michael M. Bowden

School of Law Conferences, Lectures & Events

No abstract provided.

Incarceration Or E-Incarceration: California's Sb 10 Bail Reform And The Potential Pitfalls For Pretrial Detainees, Ashley Mullen

Cornell Law Review

No abstract provided.

Criminal Law And Procedure, Rachel L. Yates, John I. Jones Iv, Brittany Dunn-Pirio

University of Richmond Law Review

This Article surveys recent developments in criminal procedure and law in Virginia. Because of space limitations, the authors have limited their discussion to the most significant appellate decisions and legislation.

Wealth, Equal Protection, And Due Process, Brandon L. Garrett

William & Mary Law Review

Increasingly, constitutional litigation challenging wealth inequality focuses on the intersection of the Equal Protection and Due Process Clauses. That intersection—between equality and due process—deserves far more careful exploration. What I call “equal process” claims arise from a line of Supreme Court and lower court cases in which wealth inequality is the central concern. For example, the Supreme Court in Bearden v. Georgia conducted analysis of a claim that criminal defendants were treated differently based on wealth in which due process and equal protection principles converged. That equal process connection is at the forefront of a wave of national litigation concerning …

Witter V. State, 135 Nev. Adv. Op. 73444 (Nov. 14, 2019), John Bays

Nevada Supreme Court Summaries

The Court determined that (1) a judgment of conviction containing a restitution provision must contain the specific amount of restitution required; (2) a judgment of conviction containing an indeterminate restitution provision is not a final judgement for purposes of appeal or for purposes of triggering the deadline for filing a habeas petition; and (3) the principle of finality requires that even when such an error is made, if the defendant treats the judgment as final by litigating, the defendant is estopped from later arguing that judgment was not final and that subsequent proceedings were null and void for lack of …

Standards Of Review In Texas, W. Wendell Hall, Ryan G. Anderson

St. Mary's Law Journal

Abstract forthcoming

Gathrite V. Eighth Jud. Dist. Ct., 135 Nev. Adv. Op. 54 (Nov. 7, 2019), Skylar Arakawa-Pamphilon

Nevada Supreme Court Summaries

For purposes of NRS 172.135(2), evidence that has been suppressed in justice court proceedings on a felony complaint is not “legal evidence,” and therefore, may not be presented to a grand jury. The Court will grant an exception to this rule if the suppression was reversed before the grand jury proceedings.

Critical Reviews Of Flawed Research On Prostitution, Donna M. Hughes

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

To Knock Or Not To Knock? No-Knock Warrants And Confrontational Policing, Brian Dolan

St. John's Law Review

(Excerpt)

This Note proceeds in three parts. Part I begins by explaining what no-knock warrants are and why they are used. Part I then addresses recent state legislative efforts to reform no-knock warrant use and argues that these efforts, however well-intentioned, are insufficient. Part I will also provide a brief history of how no-knock warrant use developed and gives an overview of the current status of state law regarding no-knock warrants. Part II argues that, contrary to the arguments of no-knock proponents, elimination of no-knock warrants and strict adherence to the knock-and-announce requirement is a more effective way to ensure …

A Warrant Requirement Resurgence? The Fourth Amendment In The Roberts Court, Benjamin J. Priester

St. John's Law Review

(Excerpt)

Over many years, the United States Supreme Court has developed an extensive body of precedent interpreting and enforcing the provisions of the Fourth Amendment to the United States Constitution, which prohibits unreasonable searches and seizures by law enforcement agents conducting criminal investigations. Commonly called the “warrant requirement,” one key component of this case law operates to deem some police investigatory techniques to be unconstitutional unless they are conducted pursuant to a search warrant issued in advance by a judge. The terms of the doctrine and its exceptions also authorize other investigatory actions as constitutionally permissible without a search warrant. …

State Constitutional Provisions Allowing Juries To Interpret The Law Are Not As Crazy As They Sound, Marcus Alexander Gadson

St. John's Law Review

(Excerpt)

This Article questions that consensus. Joining a larger debate about the jury’s proper role, it argues that, even today, these provisions are a defensible component of a criminal justice system. First, this Article argues that the jury is the entity in the justice system most incentivized to approach legal questions with an eye to what the best interpretation is and not the most politically palatable result. Second, this Article argues that the jury’s ability to deliberate and consider opinions from individuals hailing from a wider variety of backgrounds than those who typically become judges may provide advantages over a …

Newson V. State, 135 Nev. Adv. Op. 50 (Oct. 10, 2019), Richard Young

Nevada Supreme Court Summaries

The Court determined although the district court has broad discretion to settle jury instructions, the failure to instruct the jury on a defendant’s theory of a case that is supported by any evidence warrants reversal unless the error was harmless.

Texas, The Death Penalty, And Intellectual Disability, Megan Green

St. Mary's Law Journal

Abstract forthcoming