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Articles 6721 - 6750 of 12070

Full-Text Articles in Criminal Procedure

Shining The Bright Light On Police Interrogation In America, Mark A. Godsey Jan 2009

Shining The Bright Light On Police Interrogation In America, Mark A. Godsey

Faculty Articles and Other Publications

This article reviews Richard A. Leo’s book 'Police Interrogation and American Justice.' Prior to entering legal academia, Leo served as an associate professor of psychology and criminology, and performed groundbreaking empirical research into how police interrogators obtain confessions and how their interrogation techniques affect suspects. His body of work shines the bright light on police interrogation in American today. Leo depicts the values and structure of interrogation in a way that few, outside of the actual subjects/victims of interrogation, fully understand. Although I do not agree with all of his conclusions and proposed reforms, his work convincingly raises a point …

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Orwell’S Vision: Video And The Future Of Civil Rights Enforcement, Howard M. Wasserman Jan 2009

Orwell’S Vision: Video And The Future Of Civil Rights Enforcement, Howard M. Wasserman

Faculty Publications

No abstract provided.

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How To Improve Empirical Desert, Adam Kolber Jan 2009

How To Improve Empirical Desert, Adam Kolber

Faculty Scholarship

No abstract provided.

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Detection Of Deception In Criminal Defendents: Treatment Or Trial?, Loran Noelle Bounds Jan 2009

Detection Of Deception In Criminal Defendents: Treatment Or Trial?, Loran Noelle Bounds

Theses Digitization Project

The purpose of this study is to determine how to detect whether a person is faking a mental illness. An area that is often malingered is insanity, where criminal defendents will fake that they are mentally ill as to avoid imprisonment or the death penalty. The death penalty is one of the most difficult defenses to raise and is rarely successful.

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Peering Into The Judicial Magic Eight Ball: Arbitrary Decisions In The Area Of Juror Removal, 42 J. Marshall L. Rev. 813 (2009), Kimberly Wise Jan 2009

Peering Into The Judicial Magic Eight Ball: Arbitrary Decisions In The Area Of Juror Removal, 42 J. Marshall L. Rev. 813 (2009), Kimberly Wise

UIC Law Review

No abstract provided.

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Rethinking The Federal Role In State Criminal Justice, Joseph L. Hoffmann, Nancy J. King Jan 2009

Rethinking The Federal Role In State Criminal Justice, Joseph L. Hoffmann, Nancy J. King

Articles by Maurer Faculty

This Essay argues that federal habeas review of state criminal cases squanders resources the federal government should be using to help states reform their systems of defense representation. A 2007 empirical study reveals that federal habeas review is inaccessible to most state prisoners convicted of non-capital crimes, and offers no realistic hope of relief for those who reach federal court. As a means of correcting or deterring constitutional error in non-capital cases, habeas is failing and cannot be fixed. Drawing upon these findings as well as the Supreme Court's most recent decision applying the Suspension Clause, the authors propose that …

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When Is Lying Illegal? When Should It Be? A Critical Analysis Of The Federal False Statements Act, 43 J. Marshall L. Rev. 111 (2009), Steven R. Morrison Jan 2009

When Is Lying Illegal? When Should It Be? A Critical Analysis Of The Federal False Statements Act, 43 J. Marshall L. Rev. 111 (2009), Steven R. Morrison

UIC Law Review

No abstract provided.

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"You Think He Got Shot - Did You Maybe Shoot Him By Accident?": Linguistic Manipulation Of The Communicatively Immature During Police Interrogations, Kathryn C. Donoghue Jan 2009

"You Think He Got Shot - Did You Maybe Shoot Him By Accident?": Linguistic Manipulation Of The Communicatively Immature During Police Interrogations, Kathryn C. Donoghue

Richmond Journal of Law and the Public Interest

It is undeniable that "punishment of the innocent makes a mockery of the law." Police who linguistically coerce false confessions from communicatively immature suspects mock the criminal justice system by evading accountability and convicting the vulnerable. This paper documents how common linguistic strategies directed at certain vulnerable groups have the potential to elicit false confessions. Part II reviews linguistic strategies routinely employed by trained interrogators. Part III then explores how mentally challenged and juvenile suspects, otherwise known as communicatively immature groups, are more susceptible to deceptive linguistic strategies. Part IV discusses how interrogators learn to extract confessions, while Part V …

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The Third Generation Of Indigent Defense Litigation, Cara H. Drinan Jan 2009

The Third Generation Of Indigent Defense Litigation, Cara H. Drinan

Scholarly Articles

For years, scholars have documented the national crisis in indigent defense and its many tragic implications, and yet the crisis persists. Traditionally, the appellate and political processes were the exclusive avenues for indigent defense reform, and each suffered from critical infirmities. By the 1970's, individuals and groups began to seek prospective judicial reform of indigent defense systems. Widely used in other arenas, systemic suits based on the Sixth Amendment have been few in number and, at least in their early form, relatively unsuccessful. Other scholars have provided a descriptive account of structural litigation to improve indigent defense, and this article …

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Confrontation, Forfeiture, And Giles V. California: An Interim User’S Guide, Clifford S. Fishman Jan 2009

Confrontation, Forfeiture, And Giles V. California: An Interim User’S Guide, Clifford S. Fishman

Scholarly Articles

This Article examines the implications of Giles v. California. It begins in Part II by examining the Confrontation Clause before Giles, and explains how Crawford v. Washington upended the Clause's prior interpretation in Ohio v. Roberts, by excluding all "testimonial" statements, however "trustworthy" a court might consider them to be. It then provides a brief explanation of the forfeiture doctrine and its endorsement in Crawford. Part III consists of a detailed examination and critique of the Court's resolution of the central issue in Giles: that the forfeiture doctrine applies only when the prosecution can show that the defendant killed …

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Deferring Ineffectiveness Claims To Collateral Review: Ensuring Equal Access And A Right To Appointed Counsel, Thomas M. Place Jan 2009

Deferring Ineffectiveness Claims To Collateral Review: Ensuring Equal Access And A Right To Appointed Counsel, Thomas M. Place

Kentucky Law Journal

No abstract provided.

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Habeas Corpus Writ Of Liberty, Boumediene And Beyond, Scott J. Shackelford Jan 2009

Habeas Corpus Writ Of Liberty, Boumediene And Beyond, Scott J. Shackelford

Cleveland State Law Review

This book review focuses on Robert Walker's Habeas Corpus Writ of Liberty: English and American Origins and Development.

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The Presumption Of Guilt: Systemic Factors That Contribute To Ineffective Assistance Of Counsel In California, Laurence A. Benner Jan 2009

The Presumption Of Guilt: Systemic Factors That Contribute To Ineffective Assistance Of Counsel In California, Laurence A. Benner

Faculty Scholarship

Our adversary system of criminal justice is premised upon the belief that effective advocacy by counsel for both the prosecution and the defense, conducted within a process founded upon principles of fundamental fairness, will "best promote the ultimate objective that the guilty be convicted and the innocent go free." The exoneration of the wrongfully convicted by the California Innocence Project and other innocence projects across the county has revealed, however, that our criminal justice system is sometimes deeply flawed. In theory, every person accused of a serious crime comes to court protected by a presumption of innocence and the promise …

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"False But Highly Persuasive": How Wrong Were The Probability Estimates In Mcdaniel V. Brown?, David H. Kaye Jan 2009

"False But Highly Persuasive": How Wrong Were The Probability Estimates In Mcdaniel V. Brown?, David H. Kaye

Michigan Law Review First Impressions

In McDaniel v. Brown, the Supreme Court will review the use of DNA evidence in a 1994 trial for sexual assault and attempted murder. The Court granted certiorari to consider two procedural issues—the standard of federal postconviction review of a state jury verdict for sufficiency of the evidence, and the district court's decision to allow the prisoner to supplement the record of trials, appeals, and state postconviction proceedings with a geneticist's letter twelve years after the trial. The letter from Laurence Mueller, a professor at the University of California at Irvine, identified two obvious mistakes in the state's expert testimony. …

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How To Analyze The Accuracy Of Eyewitness Testimony In A Criminal Case, Richard A. Wise, Clifford S. Fishman, Martin A. Safer Jan 2009

How To Analyze The Accuracy Of Eyewitness Testimony In A Criminal Case, Richard A. Wise, Clifford S. Fishman, Martin A. Safer

Scholarly Articles

This Article describes a method for analyzing the accuracy of eyewitness testimony that will significantly enhance the ability of the criminal justice system to assess eyewitness accuracy. The method consists of the following components: First, ascertain whether law enforcement conducted the eyewitness interviews in a manner that obtained the maximum amount of information from the eyewitness, did not contaminate the eyewitness's memory of the crime, or artificially increase the eyewitness's confidence. Next, determine whether the identification procedures in the case were fair and unbiased. Finally, evaluate what eyewitness factors during the crime are likely to have increased or decreased the …

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The Pace Of International Criminal Justice, Jean Galbraith Jan 2009

The Pace Of International Criminal Justice, Jean Galbraith

Michigan Journal of International Law

For all the discussion, the pace of international criminal justice has not received careful consideration. Instead, there is uncritical acceptance that international criminal tribunals move slowly, and debate only over whether this slowness is inevitable and whether the tribunals are nonetheless worthwhile. But given how central the pace of international criminal justice is to considerations of its effectiveness-and indeed its legitimacy-it is crucial to understand both what pace should be reasonably expected and what pace actually occurs. This Article undertakes this project.

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Prosecuting Torturers, Protecting "Child Molesters": Toward A Power Balance Model Of Criminal Process For International Human Rights Law, Mykola Sorochinsky Jan 2009

Prosecuting Torturers, Protecting "Child Molesters": Toward A Power Balance Model Of Criminal Process For International Human Rights Law, Mykola Sorochinsky

Michigan Journal of International Law

In the age of terrorism, human rights law globally suffers substantial setbacks. However, at the regional level, human rights law is now more relevant than ever. More cases are decided each year by regional human rights tribunals, particularly in Europe. More importantly, human rights law affects more areas of domestic legal systems than ever before-from trademark law to limits on corporal punishment of children. This growing complexity presents two challenges: first, the challenge of comprehension (or the increasing need to make sense of the ever-expanding case law in many substantive areas) and second, the challenge of responsibility (or the fact …

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Justice Sutherland Reconsidered, 62 Vand. L. Rev. 639 (2009), Samuel R. Olken Jan 2009

Justice Sutherland Reconsidered, 62 Vand. L. Rev. 639 (2009), Samuel R. Olken

UIC Law Open Access Faculty Scholarship

No abstract provided.

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Vagrants In Volvos: Ending Pretextual Traffic Stops And Consent Searches Of Vehicles In Illinois, 40 Loy. U. Chi. L.J. 745 (2009), Timothy P. O'Neill Jan 2009

Vagrants In Volvos: Ending Pretextual Traffic Stops And Consent Searches Of Vehicles In Illinois, 40 Loy. U. Chi. L.J. 745 (2009), Timothy P. O'Neill

UIC Law Open Access Faculty Scholarship

No abstract provided.

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Giles V. California: Sixth Amendment Confrontation Right, Forfeiture By Wrongdoing, And A Misguided Departure From The Common Law And The Constitution, 40 U. Tol. L. Rev. 577 (2009), Ralph Ruebner, Eugene Goryunov Jan 2009

Giles V. California: Sixth Amendment Confrontation Right, Forfeiture By Wrongdoing, And A Misguided Departure From The Common Law And The Constitution, 40 U. Tol. L. Rev. 577 (2009), Ralph Ruebner, Eugene Goryunov

UIC Law Open Access Faculty Scholarship

No abstract provided.

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Judicial Nullification Of Juries: Use Of Acquitted Conduct At Sentencing, Eang Ngov Jan 2009

Judicial Nullification Of Juries: Use Of Acquitted Conduct At Sentencing, Eang Ngov

Faculty Articles

At trial, defendants are afforded a panoply of rights right to counsel, to proof beyond a reasonable doubt, to confront witnesses, and to exclude inadmissible evidence. However, these rights, except for the right to counsel, disappear at sentencing. In deciding a defendant’s sentence, a court may consider conduct that has not been proven beyond a reasonable doubt and even conduct of which the jury has acquitted the defendant. Consideration of acquitted conduct has resulted in dramatic increases in the length of defendants’ sentences sometimes resulting in life imprisonment based merely on a judge’s finding that a defendant more likely than …

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Drug Law Reform--Retreating From An Incarceration Addiction, Robert G. Lawson Jan 2009

Drug Law Reform--Retreating From An Incarceration Addiction, Robert G. Lawson

Kentucky Law Journal

No abstract provided.

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Teaching Whren To White Kids, M. K.B. Darmer Jan 2009

Teaching Whren To White Kids, M. K.B. Darmer

Michigan Journal of Race and Law

This Article addresses issues at the intersection of United States v. Whren and Grutter v. Bollinger at a time when the reality of racial profiling was recently illustrated by the high-profile arrest of a prominent Harvard professor. Given the highly racialized nature of criminal procedure, there is a surprising dearth of writing about the unique problems of teaching issues such as racial profiling in racially homogeneous classrooms. Because African American and other minority students often experience the criminal justice system in radically different ways than do Whites, the lack of minority voices poses a significant barrier to effectively teaching criminal …

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The Eyewitness Conundrum: How Courts, Police And Attorneys Can Reduce Mistakes By Eyewitnesses, Bennett L. Gershman Jan 2009

The Eyewitness Conundrum: How Courts, Police And Attorneys Can Reduce Mistakes By Eyewitnesses, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Reducing the incidence of wrongful convictions based on eyewitness mistakes poses a difficult challenge to the criminal justice system. There is near-unanimity among courts and commentators that eyewitness mistakes account for more erroneous convictions than any other type of proof. It is therefore incumbent on every key participant in the criminal justice system - judge, prosecutor, police, and defense counsel - to use every available tool to protect an accused from being mistakenly identified by an eyewitness. For the judge, protecting the accused requires a willingness to give the jury special instructions on eyewitness identification and a willingness to allow …

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The Subjective Experience Of Punishment, Adam Kolber Jan 2009

The Subjective Experience Of Punishment, Adam Kolber

Faculty Scholarship

No abstract provided.

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Reality Bites: The Illusion Of Science In Bite-Mark Evidence, Erica Beecher-Monas Jan 2009

Reality Bites: The Illusion Of Science In Bite-Mark Evidence, Erica Beecher-Monas

Law Faculty Research Publications

No abstract provided.

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Phases And Faces Of The Duke Lacrosse Controversy: A Conversation, James E. Coleman Jr., Angela Davis, Michael Gerhardt, K. C. Johnson, Lyrissa Barnett Lidsky, Howard M. Wasserman Jan 2009

Phases And Faces Of The Duke Lacrosse Controversy: A Conversation, James E. Coleman Jr., Angela Davis, Michael Gerhardt, K. C. Johnson, Lyrissa Barnett Lidsky, Howard M. Wasserman

UF Law Faculty Publications

This panel took place at the 2008 Annual Meeting of the Southeastern Association of Law Schools (SEALS) in July 2008 in West Palm Beach, Florida. The transcript has been edited for grammar, punctuation and writing style, as well as for limited content changes.

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Stripped Of Justification: The Eleventh Circuit's Abolition Of The Reasonable Suspicion Requirement For Booking Strip Searches In Prisons, Andrew A. Crampton Jan 2009

Stripped Of Justification: The Eleventh Circuit's Abolition Of The Reasonable Suspicion Requirement For Booking Strip Searches In Prisons, Andrew A. Crampton

Cleveland State Law Review

Part II of this Note will provide an historical judicial background of the decisions leading up to the Powell v. Barrett decision. This section will first take a brief look at the history of the prison strip search before conducting an in-depth analysis at the Bell v. Wolfish decision, including the facts, rationale, and ambiguities of the decision. Next, this Note will examine the subsequent use of the Bell v. Wolfish decision by the federal courts in the context of strip searches conducted pursuant to facilities' booking policies, focusing on the rise of the “reasonable suspicion” standard. Part III of …

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Developing A State Constitutional Law Strategy In New Mexico Criminal Prosecutions, J. Thomas Sullivan Jan 2009

Developing A State Constitutional Law Strategy In New Mexico Criminal Prosecutions, J. Thomas Sullivan

Law Faculty Scholarship

This article includes a review of the process by which the New Mexico courts have developed an independent state constitutional jurisprudence reflecting more expansive protections of individual rights than those afforded by the Federal Constitution, as interpreted in the decisions of the United States Supreme Court. It addresses the existing body of state constitutional law and suggests possibilities for further developments, including both the substantive aspects of state constitutional topics and the procedural requirements for asserting state constitutional protections as alternative sources for protection of individual rights. It documents how far New Mexico has come in developing a state constitutional …

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Big Bill Haywood's Revenge: The Original Intent Of The Exclusionary Rule, Milton Hirsch Jan 2009

Big Bill Haywood's Revenge: The Original Intent Of The Exclusionary Rule, Milton Hirsch

St. Thomas Law Review

We have been given fair warning. In two recent cases, Hudson v. Michigan and Herring v. United States, the Supreme Court made clear its desire to phase out the Fourth Amendment exclusionary rule - that century-old ornament of constitutional jurisprudence pursuant to which evidence obtained in violation of a defendant's right to be free from unreasonable search and seizure will not be received in court. Justice Scalia, writing for a bare majority in Hudson, argued that the utility, if any, of the exclusionary rule has run its course; and that the rule itself is better supplanted by alternative means of …

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