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Criminal Procedure Commons™

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All Articles in Criminal Procedure

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12,093 full-text articles. Page 227 of 333.

State V. Carroll, 132 Nev. Adv. Op. 23 (Apr. 7, 2016), Jessie Folkestad 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, John Williams 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, Fred Brewington 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, Barry C. Scheck 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 , Peter M. Torstensen Jr. 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, Nora V. Demleitner 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, Ben L. Trachtenberg 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, Jerold H. Israel 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, Edward K. Cheng, G. Alexander Nunn 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, Jocelyn Simonson 2016 Brooklyn Law School

Copwatching, Jocelyn Simonson

Faculty Scholarship

No abstract provided.


A Welfarist Perspective On Lies, Ariel Porat, Omri Yadlin 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, R. Michael Cassidy 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, Anna Roberts 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, Sara Barlowe 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, Nicole P. Dyszlewski, Lucinda Harrison-Cox, Raquel Ortiz 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, Miriam H. Baer 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), Chelsea Finnegan 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), Nancy Snow 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, - Sukardi 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", Kevin Cole 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.


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