Law Enforcement and Corrections Commons^™

Va. Code Ann. S 19.2-163.7*

Capital Defense Journal

No abstract provided.

Va. Code Ann. § 19.2-264.5*

Capital Defense Journal

No abstract provided.

Standby Me: Self-Representation And Standby Counsel In A Capital Case, Meghan H. Morgan

Capital Defense Journal

No abstract provided.

United States V. Higgs 353 F.3d 281 (4th Cir. 2003)

Capital Defense Journal

No abstract provided.

The Botched Hanging Of William Williams: How Too Much Rope And Minnesota’S Newspapers Brought An End To The Death Penalty In Minnesota, John Bessler

All Faculty Scholarship

This article describes Minnesota's last state-sanctioned execution: that of William Williams, who was hanged in 1906 in the basement of the Ramsey County Jail. Convicted of killing a teenage boy, Williams was tried on murder charges in 1905 and was put to death in February of the following year. Because the county sheriff miscalculated the length of the rope, the hanging was botched, with Williams hitting the floor when the trap door was opened. Three deputies, standing on the scaffold, thereafter seized the rope and forcibly pulled it up until Williams - fourteen and half minutes later - died by …

The Domestic Security Enhancement Act Of 2003: A Glimpse Into A Post-Patriot Act Approach To Combating Domestic Terrorism, 38 J. Marshall L. Rev. 327 (2004), Timothy Scahill

UIC Law Review

No abstract provided.

Addressing Staff Sexual Misconduct With Offenders Curriculum (Instructor’S Guide: Staff Sexual Misconduct With Offenders)_2004, Brenda V. Smith, Morris L. Thigpen, Allen Ault, Anadora Moss, Dee Halley, Jaime M. Yarussi, Marcia Morgan, Susan Mccampbell

Research Reports & White Papers

Addressing Staff Sexual Misconduct with Offenders is a 36-hour training program that focuses on the complex issues surrounding staff sexual misconduct with offenders in all correctional settings. This training is designed for correctional policy makers, agency managers and administrators, and community leaders who influence correctional policy.

In this guide you will find a suggested program agenda for this training which will provide the instructor with a snap-shot of the training program as a whole. You will also find an overview of each training module, resources you will need, and activities which you may find helpful in the execution of the …

The Burdens Of Representing The Accused In An Age Of Harsh Punishment, Abbe Smith

Georgetown Law Faculty Publications and Other Works

The crimes are not any worse than they used to be. They run, as crimes do, from the banal to the barbarous. But punishment seems to have taken on a life of its own.

There are people serving more than twenty years for nonviolent drug offenses. There are people serving more than thirty years for car theft, burglary, and unarmed robbery--crimes for which a harsh sentence used to be ten years. One Oklahoma woman is serving a thirty-five year sentence for "till-tapping"--stealing money out of cash registers--when she was in the throes of a heroin addiction. It is impossible to …

Stories About Miranda, George C. Thomas Iii

Michigan Law Review

It is no exaggeration to say that Yale Kamisar was present at the creation of Miranda v. Arizona. To be sure, the seeds of Miranda had been sown in earlier cases, particularly Escobedo v. Illinois, but Escobedo was a Sixth Amendment right to counsel case. Professor Kamisar first saw the potential for extending the theory of Escob edo to the Fifth Amendment right against compelled self-incrimination. Escob edo theorized that a healthy criminal justice system requires that the accused know their rights and are encouraged to exercise them. The Escobedo Court read history to teach that no system …

The "Routine Traffic Stop" From Start To Finish: Too Much "Routine," Not Enough Fourth Amendment, Wayne R. Lafave

Michigan Law Review

Yale Kamisar, about which I have said too much elsewhere in this issue of the Review, could rightly be called "Mr. Confessions," for he has not only authored books and a host of articles on the subject of police interrogation, but for years has been printing Miranda cards in his basement and selling them to police departments all across the nation. Moreover, he may be the only law professor in the country who has both personally coerced a confession and had a confession coerced out of him. As Kamisar has himself noted, my own "intellectual sandbox" has been the …

Biological Factors Associated With Aggression And Violent Behavior: A Comparative Analysis Of Scientific, Societal, And Legal Dimensions, Troy M. Bear

ExpressO

No abstract provided.

Life's Uncertainties: How To Deal With Cooperating Witnesses And Jailhouse Snitches, C. Blaine Elliott

Capital Defense Journal

No abstract provided.

Capital Retrials And Resentencing: Whether To Appeal And Resentencing Fairness, Whitnan J. Hou

Capital Defense Journal

No abstract provided.

Building The Case For Life: A Mitigation Specialist As A Necessity And A Matter Of Right, Daniel L. Payne

Capital Defense Journal

No abstract provided.

The Commandeering Of Free Will: Brainwashing As A Legitimate Defense, Ida-Gaye Warburton

Capital Defense Journal

No abstract provided.

Addressing Sexual Misconduct In Community Corrections_June 2-4, 2003, Brenda V. Smith

Presentations

No abstract provided.

Justice Under Attack: The Federal Government's Assault On The Attorneyclient Privilege, Robert J. Anello

Cardozo Public Law, Policy & Ethics Journal

The article argues that the federal government, particularly through the Department of Justice, has launched a multi-faceted assault on the attorney-client privilege, undermining its protections. Recent laws, rules, and policies, such as the Attorney General's monitoring rules for inmate communications and the Department of Justice's guidelines pressuring corporations to waive privilege, threaten the confidentiality essential to the attorney-client relationship. These actions, often justified under the guise of national security and combating corporate fraud, erode constitutional rights and the adversarial system of justice.

Taint Teams And Firewalls: Thin Armor For Attorney-Client Privilege, Heidi Boghosian

Cardozo Public Law, Policy & Ethics Journal

The article argues that post-9/11 U.S. government policies, particularly the monitoring of attorney-client communications and the indictment of Lynne Stewart, significantly erode the attorney-client privilege and the Sixth Amendment right to effective counsel. These actions, justified under national security, undermine constitutional protections and set a dangerous precedent for legal representation, especially for controversial or politically sensitive cases.

Sexual Abuse Of Women In United States Prisons: A Modern Corollary Of Slavery_April 25, 2003, Brenda V. Smith

Presentations

No abstract provided.

Colburn V. Texas 123 S. Ct. 968 (2003)(Mem.)

Capital Defense Journal

No abstract provided.

Va. Code Ann. S 19.2-327.01

Capital Defense Journal

No abstract provided.

Bramblett V. True No. 02-3, 2003 Wl 58283, At *1 (4th Cir. Jan. 8, 2003)

Capital Defense Journal

No abstract provided.

Brown V. Lee 319 F.3d 162 (4th Cir. 2003)

Capital Defense Journal

No abstract provided.

Fields V. Oklahoma 123 S. Ct. 1208 (2003)

Capital Defense Journal

No abstract provided.

Va. Code Ann. S 8.01-654.2 Va. Code Ann. S 18.2-10 Va. Code Ann. S 19.2-175 Va. Code Ann. S 19.2-264.3:1 Va. Code Ann. § 19.2-264.3:1.1 Va. Code Ann. § 19.2-264.3:1.2 Va. Code Ann. S 19.2-264.3:3 Va. Code Ann. S 19.2-264.4*

Capital Defense Journal

No abstract provided.

In The Wake Of Kyllo V. United States: The Future Of Thermal Imaging Cameras, 36 J. Marshall L. Rev. 507 (2003), Paul Kleppetsch

UIC Law Review

No abstract provided.

Wrongful Convictions And The Accuracy Of The Criminal Justice System, H. Patrick Furman

Publications

No abstract provided.

Cultural Context Matters: Terry's "Seesaw Effect", Frank Rudy Cooper

Oklahoma Law Review

No abstract provided.

Dusenbery V. United States: Setting The Standard For Adequate Notice, W. Alexander Burnett

University of Richmond Law Review

No abstract provided.

Retribution For Rats: Cooperation, Punishment, And Atonement, Michael A. Simons

Faculty Publications

(Excerpt)

To mobsters, he is a "rat"; to drug dealers, a "snitch." To school children, he is a "tattletale"; to corporate executives, a "whistleblower." To cops, he is an "informant"; to prosecutors, a "cooperator." By whatever name he is known, the person who betrays his associates to the authorities is almost universally reviled. In movies, on television, in literature, the cooperator embodies all that society holds in contempt: he is disloyal, deceitful, greedy, selfish, and weak.

The cooperator, though, has long been a mainstay of our criminal justice system. For centuries, criminal defendants have received leniency in return for testimony …