Open Access. Powered by Scholars. Published by Universities.®
Law Enforcement and Corrections Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Seattle University School of Law (189)
- University of Michigan Law School (93)
- Touro University Jacob D. Fuchsberg Law Center (38)
- St. Mary's University (7)
- University of Colorado Law School (7)
-
- Cleveland State University (6)
- Fordham Law School (5)
- University of Baltimore Law (5)
- University of Georgia School of Law (5)
- William & Mary Law School (5)
- Emory University School of Law (4)
- Loyola Marymount University and Loyola Law School (4)
- Washington and Lee University School of Law (4)
- University of Washington School of Law (3)
- Yeshiva University, Cardozo School of Law (3)
- Brooklyn Law School (2)
- Loyola University Chicago, School of Law (2)
- Northwestern Pritzker School of Law (2)
- University of Miami Law School (2)
- Vanderbilt University Law School (2)
- Villanova University Charles Widger School of Law (2)
- American University Washington College of Law (1)
- Boston University School of Law (1)
- California State University, San Bernardino (1)
- Florida International University College of Law (1)
- Georgia State University College of Law (1)
- Liberty University (1)
- Maurer School of Law: Indiana University (1)
- North Carolina Central University School of Law (1)
- Penn State Dickinson Law (1)
- Keyword
-
- Police (80)
- United States Supreme Court (70)
- Constitution (38)
- Supreme Court (38)
- Searches (32)
-
- Fifth Amendment (28)
- Miranda v. Arizona (26)
- Federal (23)
- Fourth Amendment (23)
- Probable cause (22)
- Exclusionary rule (21)
- Seizures (21)
- Evidence (20)
- Warrant (19)
- Defendant (17)
- Admissibility (15)
- Confessions (15)
- Privacy (15)
- State (15)
- § 12 (15)
- Custodial interrogations (14)
- Eighth Amendment (13)
- Court of Appeals (12)
- Fourth amendment (12)
- Law (12)
- Custodial interrogation (11)
- Law enforcement (11)
- Search warrants (11)
- Voluntary nature (11)
- Dickerson v. United States (10)
- Publication Year
- Publication
-
- Seattle University Law Review (189)
- Michigan Law Review (36)
- Touro Law Review (36)
- Articles (28)
- University of Michigan Journal of Law Reform (12)
-
- Book Chapters (9)
- Faculty Articles (7)
- Publications (7)
- All Faculty Scholarship (5)
- Cleveland State Law Review (5)
- Michigan Law Review First Impressions (5)
- Georgia Law Review (4)
- Loyola of Los Angeles Law Review (4)
- Fordham Law Review (3)
- Popular Media (3)
- St. Mary's Law Journal (3)
- Fordham Urban Law Journal (2)
- Journal of Race, Gender, and Ethnicity (2)
- Michigan Telecommunications & Technology Law Review (2)
- Northwestern University Law Review (2)
- Vanderbilt Law Review (2)
- Villanova Environmental Law Journal (1991 - ) (2)
- Washington Law Review (2)
- Washington and Lee Journal of Civil Rights and Social Justice (2)
- Arkansas Law Review (1)
- Brooklyn Journal of International Law (1)
- Brooklyn Law Review (1)
- Cardozo Journal of Conflict Resolution (1)
- Cardozo Law Review (1)
- Dickinson Law Review (2017-Present) (1)
- Publication Type
- File Type
Articles 331 - 360 of 411
Full-Text Articles in Law Enforcement and Corrections
Faith In Fantasy: The Supreme Court's Reliance On Commutation To Ensure Justice In Death Penalty Cases, Victoria J. Palacios
Faith In Fantasy: The Supreme Court's Reliance On Commutation To Ensure Justice In Death Penalty Cases, Victoria J. Palacios
Vanderbilt Law Review
Since scarcely a decade after Furman v. Georgia,' the Supreme Court has struggled to avoid review of death penalty cases by narrowing the grounds defendants can use to challenge their sentences, as well as the procedures they can use to make those challenges. The Court supports its jurisprudence and the deregulation of death with an important but unexamined assumption: whatever shortcomings exist in the administration of the death penalty, ultimately injustice can and will be avoided by the exercise of the commutation power at the state level.
This Article argues that such an assumption is unwarranted. By substituting the fantasy …
Consistently Inconsistent: The Supreme Court And The Confusion Surrounding Proportionality In Non-Capital Sentencing, Steven P. Grossman
Consistently Inconsistent: The Supreme Court And The Confusion Surrounding Proportionality In Non-Capital Sentencing, Steven P. Grossman
All Faculty Scholarship
(Adapted by permission from 84 Ky. L. J. 107 (1995)) This article examines the Supreme Court's treatment of the Eighth Amendment with respect to claims of excessiveness regarding prison sentences. Specifically, it addresses the issue of whether and to what degree the Eighth Amendment requires that a punishment not be disproportional to the crime punished. In analyzing all of the modern holdings of the Court in this area, one finds significant fault with each. The result of this series of flawed opinions from the Supreme Court is that the state of the law with respect to proportionality in sentencing is …
The Public Safety Exception To Miranda: Analyzing Subjective Motivation, Marc Schuyler Reiner
The Public Safety Exception To Miranda: Analyzing Subjective Motivation, Marc Schuyler Reiner
Michigan Law Review
This Note argues, however, that the appropriate inquiry under Quarles is whether an actual and reasonable belief in an emergency motivated the interrogating officer. This Note proposes a two-prong test to facilitate this inquiry. The subjective motivation prong evaluates the officer's subjective motivation as revealed by objective factors: the. content of the officer's questions, when he asked them, and when the suspect received Miranda warnings. The objective reasonableness prong looks at the objective circumstances to determine the reasonableness of the officer's belief in an emergency.
Part I demonstrates that the Quarles opinion actually contemplates and requires analysis of the officer's …
Improving Constitutional Criminal Procedure, Welsh S. White
Improving Constitutional Criminal Procedure, Welsh S. White
Michigan Law Review
A Review of The Failure of the Criminal Procedure Revolution by Craig M. Bradley
Chopping Miranda Down To Size, Michael Chertoff
Chopping Miranda Down To Size, Michael Chertoff
Michigan Law Review
A Review of Confessions, Truth, and the Law by Joseph D. Grano
Proportionality In Non-Capital Sentencing: The Supreme Court's Tortured Approach To Cruel And Unusual Punishment, Steven P. Grossman
Proportionality In Non-Capital Sentencing: The Supreme Court's Tortured Approach To Cruel And Unusual Punishment, Steven P. Grossman
All Faculty Scholarship
This Article examines the Supreme Court's treatment of the Eighth Amendment with respect to claims of excessive prison sentences. Specifically, it addresses the issue of whether and to what degree the Eighth Amendment requires that a punishment not be disproportionate to the crime. In analyzing all of the modern holdings of the Court in this area, this Article finds significant fault with each. The result of this series of flawed opinions from the Supreme Court is that the state of the law with respect to proportionality in sentencing is confused, and what law can be discerned rests on weak foundations. …
Constitutional Posture Of Canine Sniffs, Lina Shahin
Constitutional Posture Of Canine Sniffs, Lina Shahin
Touro Law Review
No abstract provided.
The Special Relationship Rule: Is It Consistent With The Waiver Of Sovereign Immunity? - A Study Of Kircher V. City Of Jamestown, Brian T. Cohen
The Special Relationship Rule: Is It Consistent With The Waiver Of Sovereign Immunity? - A Study Of Kircher V. City Of Jamestown, Brian T. Cohen
Touro Law Review
No abstract provided.
Protective Sweep Incident To A Lawful Arrest: An Analysis Of Its Validity Under The Federal And New York State Constitution, Steven M. Fox
Protective Sweep Incident To A Lawful Arrest: An Analysis Of Its Validity Under The Federal And New York State Constitution, Steven M. Fox
Touro Law Review
No abstract provided.
Evaluating The Fourth Amendment Exclusionary Rule: The Problem Of Police Compliance With The Law, William C. Heffernan, Richard W. Lovely
Evaluating The Fourth Amendment Exclusionary Rule: The Problem Of Police Compliance With The Law, William C. Heffernan, Richard W. Lovely
University of Michigan Journal of Law Reform
Part I of this article reviews background matters bearing on our research - in particular, we discuss the Court's framework for analyzing exclusion as a deterrent safeguard, the research questions that need to be raised within that framework, and the research strategy we adopted in light of the Court's approach to exclusion. Part II analyzes our findings on police knowledge of the rules of search and seizure. Part III analyzes our findings on officers' willingness to obey the law. Part IV evaluates our findings in light of policy questions concerning the exclusionary rule. We consider whether the Court should retain …
Fourth, Fifth, And Sixth Amendments, William E. Hellerstein
Fourth, Fifth, And Sixth Amendments, William E. Hellerstein
Touro Law Review
No abstract provided.
Waiver Of Rights In The Interrogation Room: The Court's Dilemma, William T. Pizzi
Waiver Of Rights In The Interrogation Room: The Court's Dilemma, William T. Pizzi
Publications
No abstract provided.