Law Enforcement and Corrections Commons^™

Death By Ambush: A Plea For Discovery Of Evidence In Aggravation, Tamara L. Graham

Capital Defense Journal

No abstract provided.

"Continuing Threat" To Whom?: Risk Assessment In Virginia Capital Sentencing Hearings, Jessica M. Tanner

Capital Defense Journal

No abstract provided.

Bell V. Cone 125 S. Ct. 847 (2005)

Capital Defense Journal

No abstract provided.

Florida V. Nixon 125 S. Ct. 551 (2004)

Capital Defense Journal

No abstract provided.

Humphries V. Ozmint No. 03-14, 2005 Wl 267962, At *1 (4th Cir. Feb. 4, 2005)

Capital Defense Journal

No abstract provided.

Kandies V. Polk 385 F.3d 457 (4th Cir. 2004)

Capital Defense Journal

No abstract provided.

Walker V. True 399 F.3d 315 (4th Cir. 2005)

Capital Defense Journal

No abstract provided.

Riner V. Commonwealth 601 S.E.2d 555 (Va. 2004)

Capital Defense Journal

No abstract provided.

Winston V. Commonwealth 604 S.E.2d 21 (Va. 2004)

Capital Defense Journal

No abstract provided.

Mapes V. Tate 388 F.3d 187 (6th Cir. 2004)

Capital Defense Journal

No abstract provided.

Expanding Terry: Compulsory Identification In Hiibel V. Sixth Judicial District Court, Humbolt County , Trevor Hickey

Brigham Young University Journal of Public Law

No abstract provided.

Eighteenth Century Public Humiliation Penalties In Twenty-First Century America: The "Shameful" Return Of "Scarlet Letter" Punishments In U.S. V. Gementera, Paul Ziel

Brigham Young University Journal of Public Law

No abstract provided.

Killing The Willing: "Volunteers," Suicide And Competency, John H. Blume

Michigan Law Review

When my client Robert South decided to waive his appeals so that his death sentence could be carried out, I understood why he might make that choice. Robert had a brain tumor that could not be surgically removed. Though not fatal, the tumor disrupted his sleep/wake cycle and had other negative physical consequences, including severe headaches, for his daily existence. He also had chronic post-traumatic stress disorder ("PTSD"), resulting from a profound history of childhood physical, emotional and sexual abuse. Robert suffered from daily recurrent flashbacks of the abuse. He had been on death row for almost a decade, and …

The Innocence Protection Act Of 2004: A Small Step Forward And A Framework For Larger Reforms, Ronald Weich

All Faculty Scholarship

Passage of the Innocence Protection Act in the closing days of the 108th Congress was a watershed moment. To be sure, the bill that finally became law was a shadow of the more ambitious criminal justice reforms first championed five years earlier by Senator Pat Leahy, Congressman Bill Delahunt and others. But the enactment of legislation designed to strengthen — not weaken — procedural protections for death row inmates was rich in symbolic importance and promise.

Writing in the April 2001 issue of THE CHAMPION (Innocence Protection Act: Death Penalty Reform on the Horizon), I said optimistically: "The criminal justice …

Victims And Perpetrators: An Argument For Comparative Liability In Criminal Law, Vera Bergelson

Rutgers Law School (Newark) Faculty Papers

This article challenges the legal rule according to which the victim’s conduct is irrelevant to the determination of the perpetrator’s criminal liability. The author attacks this rule from both positive and normative perspectives, and argues that criminal law should incorporate an affirmative defense of comparative liability. This defense would fully or partially exculpate the defendant if the victim by his own acts has lost or reduced his right not to be harmed.

Part I tests the descriptive accuracy of the proposition that the perpetrator’s liability does not depend on the conduct of the victim. Criminological and victimological studies strongly suggest …

Prison Privatization And The Development Of A "Good Faith" Defense For Private-Party Defendents To 42 U.S.C. § 1983 Actions, Mark N. Ohrenberger

William & Mary Bill of Rights Journal

No abstract provided.

Psychology, Factfinding, And Entrapment, Kevin A. Smith

Michigan Law Review

Through the entrapment defense, the law acknowledges that criminal behavior is not always the result of a culpable mind, but is sometimes the result of an interaction between the individual and his environment. By limiting the amount of pressure and temptation that undercover agents may bring to bear on a target, the defense recognizes that the ordinary, law-abiding citizen can be persuaded, cajoled, or intimidated into criminal activity that, he would never consider absent law-enforcement interference. Appropriate application of the defense requires, however, that courts be able to accurately separate the truly wicked from the merely weak-willed, and offensively coercive …

Revoke First, Ask Questions Later: Challenging Minnesota’S Unconstitutional Pre-Hearing Revocation Scheme, Jeffrey S. Sheridan, Erika Burkhart Booth

William Mitchell Law Review

This analysis of the constitutionality of Minnesota’s prehearing revocation scheme begins by explaining the mechanics of Minnesota’s implied consent statute. Because the United States Supreme Court has established minimum procedural due process protections that must be afforded drivers, this backdrop is examined. After considering the federal standards for procedural due process, the numerous changes to Minnesota’s implied consent statute will be addressed. Next, the current challenge will be discussed, including the factual basis for the challenge, the arguments for the statute’s unconstitutionality, and the district court’s decision. Finally, this note will conclude that, given the dramatic increase in the private …

Optrex And The Attorney-Client Privilege: Implications And Potential Significance, 39 J. Marshall L. Rev. 1 (2005), Sandra Liss Friedman, Helena D. Sullivan

UIC Law Review

No abstract provided.

An Importer's Election: Whether To Invoke Attorney Advice In Defense Or To Preserve Privilege, 39 J. Marshall L. Rev. 17 (2005), Patricia M. Mccarthy

UIC Law Review

No abstract provided.

American Courts Are Drowning In The "Gene Pool": Excavating The Slippery Slope Mechanisms Behind Judicial Endorsement Of Dna Databases, 39 J. Marshall L. Rev. 115 (2005), Meghan Riley

UIC Law Review

No abstract provided.

Discrimination In Sentencing On The Basis Of Afrocentric Features, William T. Pizzi, Irene V. Blair, Charles M. Judd

Publications

For a long time, social scientists have worried about possible racial discrimination in sentencing in the United States. With a prison population that exceeds two million inmates of whom approximately 48% are African American, the worry over the fairness of the sentencing process is understandable. This article is not about discrimination between racial categories as such, but about a related form of discrimination, namely, discrimination on the basis of a person's Afro-centric features. Section I of the article describes a line of social science research that shows that a person's Afro-centric features have a strong biasing effect on judgment such …

Saving Federal Sentencing Reform After Apprendi, Blakely And Booker, David Yellen

Articles

No abstract provided.

Neither Big Brother Nor Dead Brother: The Need For A New Fourth Amendment Standard Applying To Emerging Technologies, Casey Holland

Kentucky Law Journal

No abstract provided.

11/9-9/11: The Brave New World Order: Peace Through Law - Beyond Power Politics Or Peace Through Empire - Rationale Strategy And Reasonable Policy, Harvey Rishikof, Patrick Bratton

Villanova Law Review (1956 - )

No abstract provided.

Difficult Times In Kentucky Corrections—Aftershocks Of A "Tough On Crime" Philosophy, Robert G. Lawson

Law Faculty Scholarly Articles

The objective of this article is to cast some light on corrections system problems brought on by elevated (and possibly unnecessary) levels of incarceration, and especially on problems that trouble the Kentucky corrections system and threaten to undermine the effectiveness of the state's justice system. Part II describes how the country came to embrace sentencing policies and practices capable of producing "a penal system of a severity unmatched in the Western world.” Part III describes Kentucky's embrace of equally harsh sentencing policies and practices and the inmate population explosion that has occurred as a direct result of those policies and …

Discrimination In Sentencing On The Basis Of Afrocentric Features, William T. Pizzi, Irene V. Blair, Charles M. Judd

Michigan Journal of Race and Law

This Article does not challenge the prior research on sentencing discrimination between racial categories that found no significant difference in sentences given to similarly-situated African Americans and Whites. In fact, in the jurisdiction investigated- Florida- no discrimination between African Americans and Whites was found in the sentences imposed on defendants, looking only at racial category differences. Rather, the research suggests that in focusing exclusively on discrimination between racial groups, the research has missed a type of discrimination related to race that is taking place within racial categories: namely, discrimination on the basis of a person's Afrocentric features. By Afrocentric features, …

Racial Threat, Urban Conditions And Police Use Of Force: Assessing The Direct And Indirect Linkages Across Multiple Urban Areas, Karen F. Parker, John M. Macdonald, Wesley G. Jennings, Geoffrey P. Alpert

Faculty Publications

Traditionally explanations of police use of force have relied on a racial threat perspective. Tests of this perspective, however, typically offer a single indicator of threat (the relative size of the black population) and fail to adequately take into account the complex relationship between racial threat and police use of force. Drawing on racial threat, social disorganization, and police use of force literature, this study hypothesizes that macro-level patterns in police use of force are embedded in the racial and structural composition of cities and the organizational climate of local politics and police departments. The present study examines these relationships …

Constitutional Law—Fourth Amendment—Knock And Announce: The Ninth Circuit Knocks And The Supreme Court Announces A Re-Emphasis On The Case-By-Case Analysis.United States V. Banks, 540 U.S. 31 (2003), Erin Elizabeth Cassinelli

University of Arkansas at Little Rock Law Review

No abstract provided.

Chained To The Past: An Overview Of Criminal Expungement Law In Minnesota —State V. Schultz , Jon Geffen, Stefanie Letze

William Mitchell Law Review

This article explains Minnesota’s expungement law and analyzes a recent Minnesota Court of Appeals decision that limits the expungement remedy. Specifically, this article begins by examining the effects of a criminal record and the purposes of expungement.8 An expungement’s main purpose is to seal an individual’s criminal record from public view, thereby allowing the individual to fully reintegrate into society. This article then provides an overview of current expungement law and its history. This article also explains different types of criminal records and the different mechanisms used to seal each type of record. The focus of this article is on …