Criminal Procedure Commons^™

The Pursuit Of Equitable Access To Reproductive Healthcare In The United States, Alexandra Lehr

Public Interest Law Reporter

No abstract provided.

Continuing Barriers To Equal Educational Opportunities For Students With Disabilities, Joanna Pawlowska

Public Interest Law Reporter

No abstract provided.

Are We Contradicting Ourselves?: How The Stanford Rape Case Illustrates The Conflict Between Mandatory Sentencing And Judicial Discretion, Kristine Ruhl

Public Interest Law Reporter

No abstract provided.

Well-Intended Federal Drug Policies May Leave Minorities Behind, William Ryan

Public Interest Law Reporter

No abstract provided.

The Threat Of Predatory Lending, Marko Stojkovic

Public Interest Law Reporter

This Article is part one of a two-part series exploring the dangers of predatory lending and how Dodd-Frank and the Consumer Financial Protection Bureau have solved predatory lending and ended the possibility of another subprime debacle. In this part, what will be shown is that due to the U.S. government's deregulation and the greed of banks and predatory lenders in the housing market, predatory lending wreaked havoc on minority, low-income, and immigrant communities, and was the main cause of the 2008 economic collapse.

The Anti-Discrimination Paradox: How Federal Civil Rights Laws Afford Broader Protection From Discrimination Than The Constitutional Provisions That Authorize Them, Henry Rose

Public Interest Law Reporter

No abstract provided.

The Bumpiness Of Criminal Law, Adam Kolber

Faculty Scholarship

No abstract provided.

Comparative Reflections On Duncan V. Louisiana And Baldwin V. New York, William Pizzi

Publications

No abstract provided.

Guns And Drugs, Benjamin Levin

Publications

This Article argues that the increasingly prevalent critiques of the War on Drugs apply to other areas of criminal law. To highlight the broader relevance of these critiques, this Article uses as its test case the criminal regulation of gun possession. This Article identifies and distills three lines of drug war criticism and argues that they apply to possessory gun crimes in much the same way that they apply to drug crimes. Specifically, this Article focuses on: (1) race- and class-based critiques; (2) concerns about police and prosecutorial power; and (3) worries about the social and economic costs of mass …

Unintended Lawlessness Of Stand Your Ground: Justitia Fiat Coelum Ruat, Ann Marie Cavazos

Journal Publications

This paper will examine Florida's Stand Your Ground law by analyzing the origins and purpose of the law, vis-a-vis comparative analysis, and by discussing the application of this law. It will compare the stories of victims and further dissect the necessity and benefits of the Stand Your Ground laws, and examine in particular how it has affected the citizens of Florida and the nation. This Article will examine unforeseen outcomes derived from the enactment of a law meant for the common good and will further discuss how the Castle Doctrine evolved into the current Stand Your Ground laws. It will …

Teaching Criminal Procedure: Why Socrates Would Use Youtube, Stephen E. Henderson, Joseph Thai

Faculty Articles

In this invited contribution to the Law Journal's annual Teaching Issue, we pay some homage to the great philosopher whose spirit allegedly guides our classrooms, in service of two concrete goals. One, we employ dialogue to describe the “nuts and bolts” of teaching Criminal Procedure, most of which are equally relevant to any doctrinal law school course (including course description, office hours, seating charts and attendance, class decorum and recording, student participation, laptops, textbooks, class preparation and presentation, and exams). Two, we explain the benefits of using multimedia in the classroom, including a few of the many modules found on …

The Big Picture View Of Anonymous Tips From Ordinary People, Amanda M. Dadiego

Touro Law Review

No abstract provided.

Confessions In An International Age: Re-Examining Admissibility Through The Lens Of Foreign Interrogations, Julie Tanaka Siegel

Michigan Law Review

In Colorado v. Connelly the Supreme Court held that police misconduct is necessary for an inadmissible confession. Since the Connelly decision, courts and scholars have framed the admissibility of a confession in terms of whether it successfully deters future police misconduct. As a result, the admissibility of a confession turns largely on whether U.S. police acted poorly, and only after overcoming this threshold have courts considered factors pointing to the reliability and voluntariness of the confession. In the international context, this translates into the routine and almost mechanic admission of confessions— even when there is clear indication that the confession …

Enhancing The Community Relations Service Arsenal: A Restorative Justice Solution For Community Conflicts With Local Law Enforcement That Have A Race-Relations Basis, David B. Rabbani

Cardozo Journal of Conflict Resolution

This Note proposes that restorative justice should be incorporated by the CRS to promote fairness and to foster a change in the definition of success for the agency to include more permanent and inspiring solutions that have the potential to prevent conflict in other parts of the country. Part A of Section II provides background on the shooting of Michael Brown and the reaction in both Ferguson and the U.S. in general along with perceptions and facts about race-relations in Ferguson. Part B of Section II focuses on the CRS and its creation, history, and methods. Part C of Section …

Reducing Recidivism Of Violent Offenders Through Victim-Offender Mediation: A Fresh Start, Laura Ravinsky

Cardozo Journal of Conflict Resolution

This Note will examine how VOM between victims and violent offenders improves the criminal justice system and reduces recidivism. The Note will propose that there is a better remedy for violent crime than punitive prison sentences absent genuine efforts to reform. In Section II, this Note will discuss the breakdown of the U.S. criminal justice system, particularly the excessive incarceration rate and the ineffectiveness of the current retributive scheme, followed by a history and overview of VOM. Next, it will discuss the issue of prison recidivism, how it affects our society on both a social and economic level, and the …

Gendered Differences In Negotiation: Advancing An Understanding Of Sources, Effects, And Awareness, Stacy M. Roberts

Cardozo Journal of Conflict Resolution

Conversations about gendered differences in negotiation have been around for decades. However, recent research about these gendered differences is expanding our understanding of gender stereotypes and role expectations in negotiation. This article reviews some of this research and discusses how awareness of gendered differences can be advantageous to both male and female negotiators.

One's self-identity hinges on more than just gender; for example, cultural values, economic class, ethnic origin, geographic location, group affiliations, hobbies, language and dialect, national citizenship, occupation, personal values, race, religion, self-interests, sexual orientation, social status, etc., also play parts in forming one's self identity. These factors …

Assessing Time Served, Patrick A. Woods

Cardozo Public Law, Policy & Ethics Journal

This article examines the utility of a new way of determining when increased punishment should be imposed pursuant to "three strikes" laws or other recidivist enhancements. In the past two years, Congress and the United States Sentencing Commission are each considering criminal justice reform measures that would use the length of time an offender spent incarcerated as a proxy for the seriousness of his earlier criminal conduct. While this reform seems sound at first glance, this article ultimately concludes that its incorporation into current state and federal sentencing laws must be done carefully, if at all, and that doing so …

Said I, 'But You Have No Choice': Why A Lawyer Must Ethically Honor A Client's Decision About Mental Health Treatment Even If It Is Not What S/He Would Have Chosen, Michael L. Perlin, Naomi M. Weinstein

Cardozo Public Law, Policy & Ethics Journal

The article argues that lawyers representing individuals with mental disabilities have an ethical responsibility to prioritize their clients' expressed preferences and autonomy, rejecting the presumption that substituted decisionmaking is acceptable. It critiques the legal system's reliance on paternalistic approaches and highlights the importance of supported decisionmaking, as mandated by international human rights law, particularly under the Convention on the Rights of Persons with Disabilities (CRPD). The analysis emphasizes the need for legal frameworks and attorney practices to align with therapeutic jurisprudence, which prioritizes psychological well-being and dignity while upholding due process principles.

One Last Word On The Blackstone Principle, Daniel Epps

Scholarship@WashULaw

In "The Consequences of Error in Criminal Justice," I analyzed and critiqued the "Blackstone principle" — shorthand for the common intuition that a criminal justice system should strive to minimize false convictions, even at the expense of creating more false acquittals and more total errors overall. Joel Johnson's "Benefits of Error in Criminal Justice" is a thoughtful and well-crafted response to my article. In this short reply, I offer some thoughts on Johnson’s arguments, while also addressing two other recent responses by Laura Appleman and by John Bronsteen and Jonathan Masur. While I use this opportunity to clarify and defend …

The Big Data Jury, Andrew Ferguson

Scholarly Articles in Law Reviews & Journals

This article addresses the disruptive impact of big data technologies on jury selection.Jury selection requires personal information about potential jurors. Current selection practices, however, collect very little information about citizens, and litigants picking jury panels know even less. This data gap results in a jury selection system that: (1) fails to create a representative cross-section of the community; (2) encourages the discriminatory use of peremptory challenges; (3) results in an unacceptably high juror “no show” rate; and (4) disproportionately advantages those litigants who can afford to hire expensive jury consultants.Big data has the potential to remedy these existing limitations and …