State V. Carroll, 132 Nev. Adv. Op. 23 (Apr. 7, 2016),
2016
Nevada Law Journal
State V. Carroll, 132 Nev. Adv. Op. 23 (Apr. 7, 2016), Jessie Folkestad
Nevada Supreme Court Summaries
Defendant Deangelo Carroll appealed from a conviction for conspiracy to commit murder and first-degree murder with use of a deadly weapon. The Supreme Court of Nevada found the district court erred in denying Carroll’s motion to suppress his statements to police because the police subjected Carroll to a custodial interrogation, without advising him of his Miranda rights. The Court affirmed however, finding the error harmless beyond a reasonable doubt.
Police Misconduct - A Plaintiff's Point Of View, Part Ii,
2016
Touro University Jacob D. Fuchsberg Law Center
Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams
Touro Law Review
No abstract provided.
Police Misconduct - A Plaintiff's Point Of View,
2016
Touro University Jacob D. Fuchsberg Law Center
Police Misconduct - A Plaintiff's Point Of View, Fred Brewington
Touro Law Review
No abstract provided.
Criminal Prosecution And Section 1983,
2016
Touro University Jacob D. Fuchsberg Law Center
Criminal Prosecution And Section 1983, Barry C. Scheck
Touro Law Review
No abstract provided.
Ohio V. Clark ,
2016
Notre Dame Law School
Ohio V. Clark , Peter M. Torstensen Jr.
Notre Dame Law Review Reflection
The heart of the debate over the purpose of the Confrontation Clause is the manner in which confrontation was intended to secure a defendant’s rights—either through procedural fairness or ensuring evidentiary reliability. The eventual direction the Supreme Court takes will depend, in large part, on which of these visions of the Confrontation Clause ultimately prevails. Michigan v. Bryant marked a potential step in the direction of the Ohio v. Roberts vision, and Ohio v. Clark does not appear to have departed from the course set in Bryant. Thus, while Crawford v. Washington marked a sea change in the Court’s confrontation …
How To Change The Philosophy And Practice Of Probation And Supervised Release: Data Analytics, Cost Control, Focus On Reentry, And A Clear Mission,
2016
Washington and Lee University School of Law
How To Change The Philosophy And Practice Of Probation And Supervised Release: Data Analytics, Cost Control, Focus On Reentry, And A Clear Mission, Nora V. Demleitner
Scholarly Articles
None available.
Choosing A Criminal Procedure Casebook: On Lesser Evils And Free Books,
2016
University of Missouri School of Law
Choosing A Criminal Procedure Casebook: On Lesser Evils And Free Books, Ben L. Trachtenberg
Faculty Publications
Among the more important decisions a law teacher makes when preparing a new course is what materials to assign. Criminal procedure teachers are spoiled for choice, with legal publishers offering several options written by teams of renowned scholars. This Article considers how a teacher might choose from the myriad options available and suggests two potentially overlooked criteria: weight and price.
Creating (And Teaching) The "Bail-To-Jail" Course,
2016
University of Michigan Law School
Creating (And Teaching) The "Bail-To-Jail" Course, Jerold H. Israel
Articles
Yale Kamisar has explained how events that occurred about fifty years ago led to the creation of a stand-alone criminal procedure course and, a few years later, led to the division of that stand-alone course into two courses. The second of those courses came to be called, almost from the outset, the "Jail-to-Bail" course. My focus today is on why that course was created and how it was shaped. Modern Criminal Procedure, as Yale has noted, was the first coursebook designed for a stand-alone course in criminal procedure. Modern was published in 1966. A year earlier, the first version …
Dna, Blue Bus, And Phase Changes,
2016
Texas A&M University School of Law
Dna, Blue Bus, And Phase Changes, Edward K. Cheng, G. Alexander Nunn
Faculty Scholarship
In ‘Exploring the Proof Paradoxes’, Mike Redmayne comprehensively surveyed the puzzles at the intersection of law and statistics, the most famous of which is the Blue Bus problem, which prohibits legal actors from ascribing liability purely on the basis of probabilistic evidence. DNA evidence, however, is a longstanding exception to Blue Bus. Like Blue Bus, DNA presents probabilistic evidence of identity. Unlike Blue Bus, DNA is widely accepted as legitimate, even when it stands alone as so-called ‘naked’ statistical evidence. Observers often explain such DNA exceptionalism in two ways: either that people break down in extreme cases, or relatedly, that …
Copwatching,
2016
Brooklyn Law School
A Welfarist Perspective On Lies,
2016
Tel Aviv University, Faculty of Law
A Welfarist Perspective On Lies, Ariel Porat, Omri Yadlin
Indiana Law Journal
Should a Muslim employee who, in order to avoid discrimination, falsely stated in his job interview that he is Christian be fired for his dishonesty? Should a buyer of a tract of land who, before contracting, conducted an expensive investigation that revealed a high likelihood of mineral deposits be subject to liability for fraud because he told the seller he knew nothing about the land’s mineral potential before purchase? Is a doctor violating her legal duties toward her patient if she convinces him to get vaccinated on the pretext that it is in his best interest when it is instead …
Silencing Grand Jury Witnesses,
2016
Boston College Law School
Silencing Grand Jury Witnesses, R. Michael Cassidy
Indiana Law Journal
This Article addresses one crucial aspect of the ongoing debate about grand jury transparency. Assuming that well over half the states and the federal government continue to employ the grand jury to investigate felony offenses, and assuming that these proceedings continue to be shielded from public view, should witnesses themselves be allowed to discuss their testimony with the press or with each other? This larger question raises two narrow but very important subsidiary issues. First, does a prosecutor who conditions a written proffer or cooperation agreement with a grand jury witness on the witness’s promise not to inform other targets, …
Reclaiming The Importance Of The Defendant's Testimony: Prior Conviction Impeachment And The Fight Against Implicit Stereotyping,
2016
Brooklyn Law School
Reclaiming The Importance Of The Defendant's Testimony: Prior Conviction Impeachment And The Fight Against Implicit Stereotyping, Anna Roberts
Faculty Scholarship
No abstract provided.
What's Islam Got To Do With It? Obstacles In Securing Fair Trial Rights Under Iran's Repressive Regime,
2016
Benjamin N. Cardozo School of Law
What's Islam Got To Do With It? Obstacles In Securing Fair Trial Rights Under Iran's Repressive Regime, Sara Barlowe
Cardozo Journal of International and Comparative Law
The note argues that the principle of Velayate Faqhih in Iran undermines the rule of law and prevents the development of a functional criminal justice system. This principle, which establishes the supremacy of Islamic law and grants the Supreme Leader plenary authority over the judiciary, leads to arbitrary law enforcement, corruption, and human rights violations. The case of Maziar Bahari, an Iranian-Canadian journalist detained on vague charges of espionage, illustrates how the regime uses detention and torture to suppress dissent and maintain political control. The note contends that Iran’s legal system, dominated by Sharia law and lacking judicial independence, violates …
Mass Incarceration: An Annotated Bibliography,
2016
Roger Williams University School of Law
Mass Incarceration: An Annotated Bibliography, Nicole P. Dyszlewski, Lucinda Harrison-Cox, Raquel Ortiz
Law Library Staff Publications
No abstract provided.
Too Vast To Succeed,
2016
Brooklyn Law School
Too Vast To Succeed, Miriam H. Baer
Michigan Law Review
If sunlight is, in Justice Brandeis’s words, “the best of disinfectants,” then Brandon Garrett’s latest book, Too Big to Jail: How Prosecutors Compromise with Corporations might best be conceptualized as a heroic attempt to apply judicious amounts of Lysol to the murky world of federal corporate prosecutions. “How Prosecutors Compromise with Corporations” is the book’s neutral- sounding secondary title, but even casual readers will quickly realize that Garrett means that prosecutors compromise too much with corporations, in part because they fear the collateral consequences of a corporation’s criminal indictment. Through an innovation known as the Deferred Prosecution Agreement, or DPA, …
Phong T. Vu V. Second Jud. Dist. Ct. Of Nev., 123 Nev. Adv. Op. 21 (Mar. 31, 2016),
2016
Nevada Law Journal
Phong T. Vu V. Second Jud. Dist. Ct. Of Nev., 123 Nev. Adv. Op. 21 (Mar. 31, 2016), Chelsea Finnegan
Nevada Supreme Court Summaries
Under NRS 433A.310(1)(b), a district court may issue an order of involuntary admittance to a mental health facility if there is clear and convincing evidence that the person is likely to harm himself or others. Here, the Court held that (1) a district court is not required to wait 30 days for a final order under NRS 433A.310(1)(b) before transmitting an involuntary admission to the proper agency, and (2) based on sufficient evidence, the district court properly concluded the petitioner should be admitted to a mental health facility.
State V. Boston, 132 Nev. Adv. Op. 20 (March. 31, 2016),
2016
Nevada Law Journal
State V. Boston, 132 Nev. Adv. Op. 20 (March. 31, 2016), Nancy Snow
Nevada Supreme Court Summaries
After a jury trial, Defendant was convicted of two counts of first-degree murder with the use of a deadly weapon, one count of conspiracy to commit murder, and related crimes. Defendant was sentenced to death of each murder. The district court denied Defendant’s motion to suppress statements he made in two interviews with police after his initial appearance before a magistrate. The Supreme Court reversed, holding (1) the district court did not err in denying Defendant’s motion to suppress, as his Sixth Amendment right to counsel attached at his initial appearance before the magistrate, but Defendant waived his right to …
Penanganan Konflik Sosial Dengan Pendekatan Keadilan Restoratif,
2016
Regional Police Headquarter Makassar, South Sulawesi, Indonesia
Penanganan Konflik Sosial Dengan Pendekatan Keadilan Restoratif, - Sukardi
Jurnal Hukum & Pembangunan
Restorative Justice approach in conflict resolution is basically a new method of settling disputes, especially in the concept-criminal cases, but using traditional patterns whose values have no concept of local wisdom in each culture. Therefore, the application of restorative justice approach in conflict resolution, in fact is the use of traditional patterns with the values of the resolution of the existing conflicts in wisdom local culture, with a focus on fulfillment of justice victims, through the concept of equality, partnership, reconciliation and participation.
Like Snow To The Eskimos And Trump To The Republican Party: The Ali's Many Words For, And Shifting Pronouncements About, "Affirmative Consent",
2016
University of San Diego School of Law
Like Snow To The Eskimos And Trump To The Republican Party: The Ali's Many Words For, And Shifting Pronouncements About, "Affirmative Consent", Kevin Cole
Faculty Scholarship
This short piece examines changes from prior drafts in the most recent draft (Preliminary Draft No. 6) of the American Law Institute's project on sexual assault law.
