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Articles 4291 - 4320 of 12092
Full-Text Articles in Criminal Procedure
Inconsistent Rationales For Capital Punishment Plus, Russell Christopher
Inconsistent Rationales For Capital Punishment Plus, Russell Christopher
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
Retributivism And Criminal Procedure, Stephen Galoob
Retributivism And Criminal Procedure, Stephen Galoob
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
Let Them Frye: Frye Hearings For Determination Of "Mental Disorders" In The Sexually Violent Persons Act, Hannah Henkel
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
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
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
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
Waivering About The Dirty Business Of Plea Bargains—A Comment, Jonathan Shapiro
Washington and Lee Law Review
No abstract provided.
Chapter 636: Catching Those Who Fall, An Affirmative Defense For Human Trafficking Victims, Isabella Blizard
Chapter 636: Catching Those Who Fall, An Affirmative Defense For Human Trafficking Victims, Isabella Blizard
University of the Pacific Law Review
No abstract provided.
Ab 1708: Combating Sex Trafficking By Targeting Prostitution, Hannah Kreuser
Ab 1708: Combating Sex Trafficking By Targeting Prostitution, Hannah Kreuser
University of the Pacific Law Review
No abstract provided.
The 2016 Amendments To Criminal Rule 41: National Search Warrants To Seize Cyberspace, “Particularly” Speaking, Devin M. Adams
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
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
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
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
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 …
Is Having Too Many Aggravating Factors The Same As Having None At All?: A Comment On The Hidalgo Cert. Petition, Chad Flanders
Is Having Too Many Aggravating Factors The Same As Having None At All?: A Comment On The Hidalgo Cert. Petition, Chad Flanders
All Faculty Scholarship
While the Court does not dispute that at first blush the defendant's argument appears logical, it is disturbed by the prospect of how one determines the point at which the number of aggravating circumstances causes the death penalty statute to be generally unconstitutional. Is the Court to engage in some mathematical calculation as to who might be covered by the statute and who is not; and if so, what would be reasonable and logical factors to include in the formula? Can the Court arbitrarily declare that fifty aggravating circumstances is too many but forty-nine is permissible? Even assuming one could …
Punishment, Liberalism, And Public Reason, Chad Flanders
Punishment, Liberalism, And Public Reason, Chad Flanders
All Faculty Scholarship
The article argues for a conception of the justification of punishment that is compatible with a modern, politically liberal regime. Section I deals with what some have thought are the obvious social interests society has in punishing criminals, and tries to develop those possible interests somewhat sympathetically. Section II suggests that many of those reasons are not good ones if punishment is regarded (as it should be) from the perspective of political philosophy. Social responses to bad things happening to people cannot be grounded in controversial metaphysical views about what is good for people or what people deserve, but many …
The Use Of Information And Communications Technology In Criminal Procedure In The Usa, Stephen C. Thaman
The Use Of Information And Communications Technology In Criminal Procedure In The Usa, Stephen C. Thaman
All Faculty Scholarship
In this chapter, the author discusses the three types of criminal surveillance and the subsequent data mining used to synthesize and compare the results of surveillance techniques. In addition, the author examines how the aforementioned procedures should be viewed in light of United States case law involving the privacy of American citizens.
Table Of Contents, Public Interest Law Reporter
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
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
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
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
"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
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
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
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
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
Universal Basic Income: The New Safety Net?, Joseph Camper
Public Interest Law Reporter
No abstract provided.
Smartphones, Fingerprints, And Search Warrants, Fabiola De Armas
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
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
How Can Big Data Impact Affordable Housing?., Kara Simon
Public Interest Law Reporter
No abstract provided.