Law Enforcement and Corrections Commons^™

Prosecutorial Discretion And Prosecution Guidelines: A Case Study In Controlling Federalization, Michael A. Simons

Faculty Publications

In this Article Michael Simons examines the ways in which the federalization of crime can be controlled. Simons argues that prosecutorial discretion is the most important variable in the federalization process and that controlling prosecutorial discretion is the key to controlling federalization. He presents the Child Support Recovery Act as a model for how prosecution guidelines for federal criminal statutes can provide such control Federalization of criminal child support enforcement has been successful because federal prosecutors have exercised discretion in a manner consistent with the concerns expressed by the bench and the academy about federalization. Simons concludes by exploring how …

Congress' Arrogance, Yale Kamisar

Articles

Does Dickerson v. U.S., reaffirming Miranda and striking down §3501 (the federal statute purporting to "overrule" Miranda), demonstrate judicial arrogance? Or does the legislative history of §3501 demonstrate the arrogance of Congress? Shortly after Dickerson v. U.S. reaffirmed Miranda and invalidated §3501, a number of Supreme Court watchers criticized the Court for its "judicial arrogance" in peremptorily rejecting Congress' test for the admissibility of confessions. The test, pointed out the critics, had been adopted by extensive hearings and debate about Miranda's adverse impact on law enforcement. The Dickerson Court did not discuss the legislative history of §3501 at all. However, …

The Prosecutor's Ethical Duty To Seek Exculpatory Evidence In Police Hands: Lessons From England, Stanley Z. Fisher

Faculty Scholarship

The Supreme Court in Kyles v. Whitley affirmed the prosecutor's duty under Brady v. Maryland to disclose exculpatory evidence to the defense, even if the police have not revealed the evidence to the prosecutor. According to the Court, prosecutors are responsible for ensuring that police communicate relevant evidence to her office. How should prosecutors implement that responsibility? Both England and the United States require prosecutors to disclose exculpatory evidence known to the police, but they take radically different approaches to implementing the prosecutor's duty. The English have legislated a comprehensive regulatory framework for police record keeping and revelation of case …

Capital Attrition: Error Rates In Capital Cases, 1973-1995, James S. Liebman, Jeffery Fagan, Valerie West, Jonathan Lloyd

Faculty Scholarship

Americans seem to be of two minds about the death penalty. In the last several years, the overall number of executions has risen steeply, reaching a fifty year high this year. Although two-thirds of the public support the penalty, this figure represents a sharp decline from the four-fifths of the population that endorsed the death penalty only six years ago, leaving support for capital punishment at a twenty year low. When life without parole is offered as an alternative, support for the penalty drops even more – often below a majority. Grants of executive clemency reached a twenty year high …

The Influence Of Extra-Legal Factors On The Sentencing Of Drug Offenders In A Determinant Sentencing State, Ramonsa D. White

Sociology & Criminal Justice Theses & Dissertations

The purpose of this study is to investigate how extralegal factors such as race, gender, and age influence judicial sentencing decisions. This research utilizes data collected by the Washington State Sentencing Guidelines Commission for the fiscal years of July 1989 to July 1992. For the purpose o~ this study, only data specifically relating to drug convictions were analyzed.

Multivariate analyses were conducted to see if extralegal factors were significantly related to sentence length, whether or not offenders receive a prison sanction, and whether or not offenders receive the first time offender waiver. Analysis was done using both legal and extra-legal …

Communicating With Capital Juries: How Life Versus Death Decisions Are Made, What Persuades, And How To Most Effectively Communicate The Need For A Verdict Of Life, Melissa E. Whitman

Capital Defense Journal

No abstract provided.

Two Decades Of Death: Trashing The Rule Of Law In Virginia, William S. Geimer

Capital Defense Journal

No abstract provided.

Swisher V. Commonwealth 506 S.E.2d 763 (Va. 1998)

Capital Defense Journal

No abstract provided.

A One-Way Ticket Back To The United States: The Collision Of International Extradition Law And The Death Penalty, Mary K. Martin

Capital Defense Journal

No abstract provided.

Chichester V. Taylor No. 98-15, 1999 Wl 3736 (4th Cir. Jan. 6, 1999)

Capital Defense Journal

No abstract provided.

Atkins V. Commonwealth 510 S.E.2d 445 (Va. 1999)

Capital Defense Journal

No abstract provided.

Character Evidence And Sex Crimes In The Federal Courts: Recent Developments, Robert F. Thompson Iii

University of Arkansas at Little Rock Law Review

No abstract provided.

California's Sexually Violent Predator Act: The Role Of Psychiatrists, Courts, And Medical Determinations In Confining Sex Offenders, Carolyn B. Ramsey

Publications

No abstract provided.

The Three Threats To Miranda, Yale Kamisar

Articles

Miranda v. Arizona (1966) was the centerpiece of the Warren Court's "revolution" in American criminal procedure. Moreover, as Professor Stephen Schulhofer of the University of Chicago Law School has recently noted, a numbir of the Miranda safeguards "have now become entrenched in the interrogation procedures of many countries around the world." But Miranda is in serious trouble at home.

Contesting Government's Financial Interest In Drug Cases, Eric D. Blumenson, Eva Nilsen

Faculty Scholarship

In 1984, the civil asset forfeiture law was amended to allow the U.S. Department of Justice (DOJ) and state law enforcement agencies to retain many of the "drug-related assets" they seize for their own law enforcement purposes. Under this amendment, some local law enforcement agencies have managed to double or triple their appropriated budgets by targeting such assets. As former Attorney General Richard Thornburgh has noted, "it's now possible for a drug dealer to serve time in a forfeiture-financed prison after being arrested by agents driving a forfeiture-provided automobile while working in a forfeiture-funded sting operation." The American people, however, …

Lawyering Up, Susan Bandes, Jack M. Beermann

Faculty Scholarship

The widespread dissemination of knowledge about the Miranda protections is often referred to as one of the most successful efforts ever made to educate the American public about its constitutional rights. Studies confirm that a high percentage of the public is aware of Miranda, largely due to television and other mass media. This article asks the question: if television is educating the public about its Miranda rights, what exactly is it teaching us? As fans of the cop show NYPD Blue (a show in which the interrogation and confession are often the dramatic focus) we use that show to explore …

An Attempt To Level The Playing Field: Obtaining Resources In State And Federal Habeas, David D. Leshner

Capital Defense Journal

No abstract provided.

Dubois V. Greene No. 97-21, 1998 Wl 276282 (4th Cir. May 20, 1998)

Capital Defense Journal

No abstract provided.

Fitzgerald V. Greene 150 F.3d 357 (4th Cir. 1998)

Capital Defense Journal

No abstract provided.

Wilson V. Greene 155 F.3d 396 (4th Cir. 1998)

Capital Defense Journal

No abstract provided.

Wright V. Angelone 151 F.3d 151 (4th Cir. 1998)

Capital Defense Journal

No abstract provided.

Jackson V. Commonwealth 499 S.E.2d 538 (Va. 1998)

Capital Defense Journal

No abstract provided.

Compromise And Continuity: Miranda Waivers, Confession Admissibility, And The Retention Of Interrogation Protections, Mark Berger

Faculty Works

No abstract provided.

Lambrix V. Singletary 117 S.Ct. 1517 (1997) United States Supreme Court

Capital Defense Journal

No abstract provided.

Eaton V. Angelone 1998 Wl 128570 (4th Cir. Mar. 24, 1998) United States Court Of Appeals, Fourth Circuit

Capital Defense Journal

No abstract provided.

A Modest Proposal: Requiring Proof Beyond A Reasonable Doubt For Unadjudicated Acts Offered To Prove Future Dangerousness, Tommy Barrett

Capital Defense Journal

No abstract provided.

Beavers V. Pruett 1997 Wil 585739 (4th Cir. Sept. 23, 1997)' United States Court Of Appeals, Fourth Circuit

Capital Defense Journal

No abstract provided.

Breard V. Pruett 134 F.3d 615 (4th Cir. 1998) United States Court Of Appeals, Fourth Circuit

Capital Defense Journal

No abstract provided.

Disparate Application Of Tue Contemporary Objection Rule And Tile "Ends Of Justice" Exception In Capital Cases, Michael C. Sprano

Capital Defense Journal

No abstract provided.

Guilt And Innocence Are Matters Of Degree, Death Is Final: What To Do When Your Client Prefers Execution, Andrea L. Moseley

Capital Defense Journal

No abstract provided.