Sb 1052: Miranda Rights For Minors,
2017
University of the Pacific, McGeorge School of Law
Sb 1052: Miranda Rights For Minors, Albert G. Mendoza
University of the Pacific Law Review
No abstract provided.
Mental Health Courts And Sentencing Disparities,
2017
University of Florida Levin College of Law
Mental Health Courts And Sentencing Disparities, E. Lea Johnston, Conor P. Flynn
UF Law Faculty Publications
Despite the proliferation of mental health courts across the United States, virtually no attention has been paid to the criminal justice effects these courts carry for participants. This article provides the first empirical analysis of differential sentencing practices in mental health and traditional criminal courts. Using a case study approach, the article compares how Pennsylvania’s Erie County Mental Health Court and county criminal courts sentenced individuals who committed the same offenses and held the same average criminal history score. Information on the mental health court—including eligibility criteria, plea bargaining and sentencing procedure, sentencing policies, program length, graduation rates, likelihood of …
Bargained-For-Justice: Lessons From The Italians?,
2017
The University of Pacific, McGeorge School of Law
Bargained-For-Justice: Lessons From The Italians?, Michael Vitello
University of the Pacific Law Review
No abstract provided.
An Empirical Assessment Of Georgia's Beyond A Reasonable Doubt Standard To Determine Intellectual Disability In Capital Cases,
2017
Georgia State University College of Law
An Empirical Assessment Of Georgia's Beyond A Reasonable Doubt Standard To Determine Intellectual Disability In Capital Cases, Lauren Sudeall Lucas
Faculty Publications By Year
In Atkins v. Virginia, the Supreme Court held that execution of people with intellectual disabilities violates the Eighth Amendment’s prohibition on cruel and unusual punishment. In doing so, the Court explicitly left to the states the question of which procedures would be used to identify such defendants as exempt from the death penalty. More than a decade before Atkins, Georgia was the first state to bar execution of people with intellectual disability. Yet, of the states that continue to impose the death penalty as a punishment for capital murder, Georgia is the only state that requires capital defendants …
Digital Technology And Analog Law: Cellular Location Data, The Third-Party Doctrine, And The Law‘S Need To Evolve,
2017
University of Richmond
Digital Technology And Analog Law: Cellular Location Data, The Third-Party Doctrine, And The Law‘S Need To Evolve, Justin Hill
Law Student Publications
This comment explores how broader shifts in Fourth Amendment doctrine may affect the government's collection of Cell Site Location Information (CSLI) moving forward. It consists of three parts. Part I examines the technological underpinnings of cellular networks. The issue is frequently litigated, but few in the legal community have a real grasp on the technology. A nuanced understanding of the technology is crucial when examining the accuracy of CSLI or how the third-party doctrine ought to apply. This comment consolidates and simplifies the technical workings of cellular networks to enable better and more informed answers. Last, drawing on this understanding, …
Examination Of Witnesses In Criminal Cases,
2017
Dalhousie University Schulich School of Law
Examination Of Witnesses In Criminal Cases, Hannah Steeves
Articles, Book Chapters, & Popular Press
The newest edition of Examination of Witnesses in Criminal Cases maintains its status as a key text on the topic. Author Earl J Levy, a national leader in the area of criminal law, has worked with the Criminal Lawyers’ Association, taught criminal law courses at various Canadian law schools, and has over 50 years experience as a litigator. The book, now in its seventh edition, contains necessary updates, and improvements have been made to both format and content while maintaining a similar, logical overview as in previous editions.
Shining A Light On The Shadow-Of-Trial Model: A Bridge Between Discounting And Plea Bargaining,
2017
University of Richmond - School of Law
Shining A Light On The Shadow-Of-Trial Model: A Bridge Between Discounting And Plea Bargaining, Lauren E. Clatch
Law Faculty Publications
Phillip Bivens, accused of raping and killing a woman in Mississippi in 1979, was confronted with this choice: take the bargain of life in prison, or go to trial and face the death penalty. After three decades in prison, Bivens was exonerated in 2010 by DNA tests conducted by the Innocence Project in New Orleans. Why would Bivens, who was factually innocent, plead guilty to a crime he did not commit and forgo his constitutional right to a trial? How can this be explained? Bivens’s choice may be deemed rational because his choice was between life, albeit life in prison, …
Retributivism And Criminal Procedure,
2017
University of Tulsa College of Law
Retributivism And Criminal Procedure, Stephen Galoob
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
From Credibility Issues To Collusion With Russia: The Dangers Posed By The Spread Of "Fake News" And What We Can Do About It,
2017
Loyola University Chicago, School of Law
From Credibility Issues To Collusion With Russia: The Dangers Posed By The Spread Of "Fake News" And What We Can Do About It, Brynne Morningstar
Public Interest Law Reporter
No abstract provided.
Constraining Monitors,
2017
Duke Law School
Constraining Monitors, Veronica Root
Faculty Scholarship
Monitors oversee remediation efforts at dozens, if not hundreds, of institutions that are guilty of misconduct. The remediation efforts that the monitors of today engage in are, in many instances, quite similar to activities that were once subject to formal court oversight. But as the importance and power of monitors has increased, the court’s oversight of monitors and the agreements that most often result in monitorships has, at best, been severely diminished and, at worst, vanished altogether. Additionally, statutory efforts to provide formal guidance and restrictions on monitorships have stalled and published bar guidance has taken a nonbinding advisory form. …
The Fragile Promise Of Open-File Discovery,
2017
Duke Law School
The Fragile Promise Of Open-File Discovery, Ben Grunwald
Faculty Scholarship
Under traditional rules of criminal discovery, defendants are entitled to little prosecutorial evidence and are thus forced to negotiate plea agreements and prepare for trial in the dark. In an effort to expand defendants’ discovery rights, a number of states have recently enacted “open-file” statutes, which require the government to share the fruits of its investigation with the defense. Legal scholars have widely supported these reforms, claiming that they level the playing field and promote judicial efficiency by decreasing trials and speeding up guilty pleas. But these predictions are based largely on intuition and anecdotal data without extended theoretical analysis …
Let Them Frye: Frye Hearings For Determination Of "Mental Disorders" In The Sexually Violent Persons Act,
2017
Northwestern Pritzker School of Law
Let Them Frye: Frye Hearings For Determination Of "Mental Disorders" In The Sexually Violent Persons Act, Hannah Henkel
Journal of Criminal Law and Criminology
Specific laws aimed at the confinement of mentally disabled sexually violent persons have existed for years. Originally, these laws aimed to rehabilitate a person within a mental hospital and help him with his disorders, aiming to help him enter back into society. However, throughout the years, the laws morphed into ways to keep convicted criminals from society after their prison sentence ended for fear of potential future crimes. In Illinois, the courts find a man falls within the sexually violent persons law when he remains too dangerous to be released after his criminal confinement. A person must have a “mental …
Revisiting The Public Safety Exception To Miranda For Suspected Terrorists: Dzhokhar Tsarnaev And The Bombing Of The 2013 Boston Marathon,
2017
Northwestern Pritzker School of Law
Revisiting The Public Safety Exception To Miranda For Suspected Terrorists: Dzhokhar Tsarnaev And The Bombing Of The 2013 Boston Marathon, Hannah Lonky
Journal of Criminal Law and Criminology
This Comment examines the application of the public safety exception to Miranda to cases of domestic terrorism, looking particularly at the case of Dzhokhar Tsarnaev and the 2013 Boston Marathon bombing. By comparing the Department of Justice’s War on Terror policies to the Warren Court’s rationale for Miranda, this Comment argues that courts should require law enforcement officers to have reasonable knowledge of an immediate threat to public safety before they may properly invoke the Quarles public safety exception.
Examining Jurors: Applying Conversation Analysis To Voir Dire In Capital Cases, A First Look,
2017
Northwestern Pritzker School of Law
Examining Jurors: Applying Conversation Analysis To Voir Dire In Capital Cases, A First Look, Barbara O'Brien, Catherine M. Grosso, Abijah P. Taylor
Journal of Criminal Law and Criminology
Scholarship about racial disparities in jury selection is extensive, but the data about how parties examine potential jurors in actual trials is limited. This study of jury selection for 792 potential jurors across twelve randomly selected North Carolina capital cases uses conversation analysis to examine the process that produces decisions about who serves on juries. To examine how race influences conversations in voir dire, we adapted the Roter Interaction Analysis System, a widely used framework for understanding the dynamics of patient–clinician communication during clinical encounters, to the legal setting for the first time. This method allows us to document the …
Race And Death Sentencing For Oklahoma Homicides Committed Between 1990 And 2012,
2017
Northwestern Pritzker School of Law
Race And Death Sentencing For Oklahoma Homicides Committed Between 1990 And 2012, Glenn L. Pierce, Michael L. Radelet, Susan Sharp
Journal of Criminal Law and Criminology
This Article examines 4,668 Oklahoma homicide cases with an identified suspect that occurred during a twenty-three year period between January 1, 1990, and December 31, 2012. Among these, we identified 153 cases that ended with a death sentence. Overall we found that while the defendant’s race did not correlate with a death sentence, there was a strong correlation with the race of the victim, with cases with white victims significantly more likely to end with a death sentence than cases with non-white victims. Homicides with female victims were also more likely to result in a death sentence than other cases. …
Waivering About The Dirty Business Of Plea Bargains—A Comment,
2017
Washington and Lee University School of Law
Waivering About The Dirty Business Of Plea Bargains—A Comment, Jonathan Shapiro
Washington and Lee Law Review
No abstract provided.
Chapter 636: Catching Those Who Fall, An Affirmative Defense For Human Trafficking Victims,
2017
University of the Pacific, McGeorge School of Law
Chapter 636: Catching Those Who Fall, An Affirmative Defense For Human Trafficking Victims, Isabella Blizard
University of the Pacific Law Review
No abstract provided.
Ab 1708: Combating Sex Trafficking By Targeting Prostitution,
2017
University of the Pacific, McGeorge School of Law
Ab 1708: Combating Sex Trafficking By Targeting Prostitution, Hannah Kreuser
University of the Pacific Law Review
No abstract provided.
The 2016 Amendments To Criminal Rule 41: National Search Warrants To Seize Cyberspace, “Particularly” Speaking,
2017
University of Richmond
The 2016 Amendments To Criminal Rule 41: National Search Warrants To Seize Cyberspace, “Particularly” Speaking, Devin M. Adams
Law Student Publications
George Orwell's dystopia, with the ever-watchful Big Brother, has seemingly become a reality with the recently passed amendments to Rule 41 of the Federal Rules of Criminal Procedure. Rule 41, governing searches and seizures, now permits magistrate judges to authorize agents- under a single warrant- to "remotely access," and simultaneously search, copy and seize information from an infinite number of unknown electronic devices in multiple districts anywhere in the country. The unlimited jurisdiction provision is triggered when a device's location is obscured through "technological means," or if agents are investigating computer crimes in five or more districts- regardless of whether …
Illegal Stops And The Exclusionary Rule: The Consequences Of Utah V. Strieff,
2017
Roger Williams University School of Law
Illegal Stops And The Exclusionary Rule: The Consequences Of Utah V. Strieff, Emily J. Sack
Roger Williams University Law Review
No abstract provided.
