Federalism, Federal Courts, And Victims' Rights,
2015
The Catholic University of America, Columbus School of Law
Federalism, Federal Courts, And Victims' Rights, Michael E. Solimine, Kathryn Elvey
Catholic University Law Review
One of the most striking developments in American criminal law and procedure in the past four decades has been the widespread establishment of victims’ rights at both the federal and state levels. A conspicuous exception to the success of the victims’ rights movement has been the failure of Congress to pass a proposed amendment to the U.S. Constitution that would uniformly establish such rights in all federal and state courts. Advanced by both private organizations and state officials, and with bipartisan support in Congress, bills establishing a Victims’ Rights Amendment (VRA) have been introduced several times in the past three …
State V. Merlino, 131 Nev. Adv. Op. No. 65 (Sept. 10, 2015),
2015
Nevada Law Journal
State V. Merlino, 131 Nev. Adv. Op. No. 65 (Sept. 10, 2015), Brittany L. Shipp
Nevada Supreme Court Summaries
The issue before the Court was whether selling stolen property through a retractable sliding tray on a pawn shop’s drive-through window satisfied the element of unlawful entry of a building as defined in the burglary statute. The Court held that when the outer boundary of a building is not self-evident from the shape and contours of the structure itself, courts must apply California’s “reasonable belief” test which legally defines the outer boundary to include, “any element that encloses an area into which a reasonable person would believe that a member of the general public could not pass without authorization.”
Downgrading Non-Violent Drug Crimes:An End To The “Lock ‘Em And Leave ‘Em” Mentality,
2015
Hamline University School of Law
Downgrading Non-Violent Drug Crimes:An End To The “Lock ‘Em And Leave ‘Em” Mentality, Tran T. Nguyen
Journal of Public Law and Policy
No abstract provided.
State V. Smith, 131 Nev. Adv. Op. 63 (Sept. 3, 2015),
2015
Nevada Law Journal
State V. Smith, 131 Nev. Adv. Op. 63 (Sept. 3, 2015), Jessie Vargas
Nevada Supreme Court Summaries
Defendant Terrance Reed Smith entered a no contest plea to one count of child abuse resulting in substantial bodily harm. The Supreme Court of Nevada held Smith’s plea was involuntary because the plea was made in response to acts of coercion by the Washoe County Department of Social Services (“DDS”).
Testimony On Oklahoma Civil Asset Forfeiture Reform,
2015
University of Oklahoma College of Law
Testimony On Oklahoma Civil Asset Forfeiture Reform, Stephen Henderson
Other Faculty Publications
I am grateful for the opportunity to speak to you today about Senate Bill 838 and the reform of Oklahoma’s civil asset forfeiture. I am a professor of law at the University of Oklahoma, where my teaching and research focus on criminal law and procedure. I have experience achieving consensus solutions in contested areas of law, most notably in the six years I spent drafting a new set of ABA Criminal Justice Standards, and I know that change is rarely easy. No matter the topic and whatever the status quo, there is sure to be someone who feels it is …
Cassinelli V. State Of Nevada, 131 Nev. Adv. Op. 62 131(Aug. 27, 2015),
2015
Nevada Law Journal
Cassinelli V. State Of Nevada, 131 Nev. Adv. Op. 62 131(Aug. 27, 2015), Mackenzie Warren
Nevada Supreme Court Summaries
The Court of Appeals determined that (1) the district court erred by ruling that Cassinelli was not eligible for alcohol treatment under NRS § 458.300(1)(d); (2) the district court did not abuse its discretion by denying Cassinelli’s request for assignment to a program of treatment; (3) the plea agreement was not breached and the prosecutor did not engage in misconduct at sentencing; (4) the district court did not err by refusing Cassinelli an opportunity to cross-examine the victim during her impact statement at sentencing; (5) Cassinelli’s sentence was illegal.
The Administratioin Of Criminal Justice In The U.S.S.R.,
2015
The University of Akron
The Administratioin Of Criminal Justice In The U.S.S.R., John H. Shoemaker
Akron Law Review
The above procedure in the United States is conducted as follows: on the state and local level by the local police departments, with the arraignment and indictment being handled by the local county prosecutor; or on the federal level by federal police agencies operating through the U. S. attorney. The incarceration of the convicted person is handled by county or state agencies on the one hand, or federal penal institutions on the other. One similarity between the Russian System and ours is that in United States criminal practice on the federal level the coordination and uniformity essential to reform and …
Privilege Against Self-Incrimination - Right To Compel A Suspect To Perform Physical Acts; City Of Piqua V. Hinger,
2015
The University of Akron
Privilege Against Self-Incrimination - Right To Compel A Suspect To Perform Physical Acts; City Of Piqua V. Hinger, Charles P. Brumbach
Akron Law Review
The writer respectfully disagrees with the Ohio Supreme Court's interpretation of Schmerber as standing for the proposition that such compelled evidence is admissible under the Fifth Amendment to the Constitution. In Schmerber the court merely recognized the evidential distinction between real and testimonial or communicative evidence and ruled that the distinction was determinative in that case. The court acknowledged that there are many possible situations in which the distinction could not so readily be applied. It is submitted that the facts of the instant case present one of those situations.
Application Of Ohio Post-Conviction Procedure - Effect Of Prior Judgment On.; Coley V. Alvis,
2015
The University of Akron
Application Of Ohio Post-Conviction Procedure - Effect Of Prior Judgment On.; Coley V. Alvis, Thomas A. Geraci Jr.
Akron Law Review
In the per curiam decision of Coley v. Alvis' the United States Court of Appeals for the Sixth Circuit reversed an Ohio District Court decision dismissing Coley's petition for habeas corpus for failure to exhaust his state remedies. The circuit Court remanded, stating that it would be futile for petitioner to attempt to void his conviction under the Ohio post-conviction statute because of the narrow limits placed on it by the state courts and that there was consequently no longer any effective state remedy. Since the grounds that petitioner set forth to sustain his writ did not fall within any …
Constitutional Rights Of Youthful Offenders; In The Matter Of Gault,
2015
The University of Akron
Constitutional Rights Of Youthful Offenders; In The Matter Of Gault, Robert M. Kunczt
Akron Law Review
After the decisions in Gideon v. Wainwright, 372 U. S. 335 (1963), Miranda v. Arizona, 384 U. S. 436 (1966), and Escobedo v. Illinois, 378 U. S. 478 (1964), which revealed the Supreme Court's solicitude of the constitutional rights of adults, it seemed improbable that the lower courts would long be permitted to continue ignoring the constitutional rights of juveniles. Thus the decision in the principal case, which represents a breakthrough in the assurance of a fair hearing to minors, comes as no surprise. The case holds that under the Fourteenth Amendment a juvenile has a right to notice of …
Ohio's Post-Conviction Appeal Remedy,
2015
The University of Akron
Ohio's Post-Conviction Appeal Remedy, Timothy J. Murty
Akron Law Review
Ohio has recently adopted legislation intended to provide a prisoner with a means of testing, in the court which originally imposed sentence, the constitutional validity of his sentence. This legislation is intended to provide a remedy which will supplement the writ of habeas corpus. Jurisdiction in habeas corpus proceedings lies in the court of the county in which the prisoner is confined. In recent years the courts located in counties containing state correctional institutions have been deluged with habeas corpus petitions.
Rights Of State Prisoners - Federal Court Intervention In State Prison Administration; Jones V. Wittenberg,
2015
The University of Akron
Rights Of State Prisoners - Federal Court Intervention In State Prison Administration; Jones V. Wittenberg, Ronald L. Collins
Akron Law Review
The path to federal court intervention into state prison administration has been a tortuous and rocky one.... Jones v. Wittenberg carries federal court intervention into state prison administration to new lengths. Until more basic and lasting changes are made on the part of society and the states, such intervention seems to be the best chance for ameliorating conditions in our state penal systems.
Voir Dire: Strategy And Tactics In The Defense Of Social And Political Activists,
2015
The University of Akron
Voir Dire: Strategy And Tactics In The Defense Of Social And Political Activists, Murray R. Bowes
Akron Law Review
With the courts increasingly being the forum for legal disputes between those who demand change in the superstructure and those who represent (or are) the structure, a rather unfortunate by-product has evolved: a feeling that the courts can no longer adequately dispense justice.8 This manifests itself in beliefs that if one is prosecuted for activities that were designed to advance social change, either in violation of the law or not, that the individual will not be afforded a fair trial; 9 a reflection that the social or political activist will not be judged by an impartial jury….For the purposes of …
The Admissibility Of Polygraph ("Lie Detector") Evidence Pursuant To Stipulation In Criminal Proceedings,
2015
The University of Akron
The Admissibility Of Polygraph ("Lie Detector") Evidence Pursuant To Stipulation In Criminal Proceedings, Bruce C. Heslop
Akron Law Review
American courts have traditionally held that evidence pertaining to the results of a lie-detector test is inadmissible in a criminal proceeding on behalf of either the prosecution or defense….In recent years, however, a few jurisdictions have withdrawn from the traditional approach and have admitted lie-detector evidence in limited situations, notwithstanding objection by the adverse party….The decision of whether or not to adopt the approach presented here must critically evaluate the potential value of polygraph evidence along with its potential dangers. In so doing, the courts of Ohio should determine whether a procedure may be devised to maximize the value and …
Book Review: Narcotics And Drub Abuse; By Samuel F. Levine,
2015
The University of Akron
Book Review: Narcotics And Drub Abuse; By Samuel F. Levine, Raymond T. Royko
Akron Law Review
O NE OF THE MOST urgent school problems of the early 1970's has little to do with formal education or the old-fashioned triad of reading, writing, and arithmetic. Instead, the key words are "uppers," "downers," "grass," and "smack"--amphetamines, barbiturates, marijuana and heroin, and there has been a steady decline of the age at which youngsters are introduced to them on what is known as the drug scene. In July, 1969, President Nixon called attention to the rise by almost 800% of juvenile drug arrests and stated that "within the last decade the abuse of drugs has grown from essentially a …
Evidence - Admissibility Of Statements To Parole Officer - Miranda Warnings; State V. Gallagher,
2015
The University of Akron
Evidence - Admissibility Of Statements To Parole Officer - Miranda Warnings; State V. Gallagher, Thomas A. Treadon
Akron Law Review
The opinion handed down in this recent decision from the Montgomery County Court of Appeals examined a question of first impression in the courts of Ohio. The issue presented was "whether a parole or probation officer is a law enforcement officer within the contemplation of Miranda and thus subject to the Miranda requirements of constitutional warnings to suspects during custodial interrogation...."
Searches And Seizures - Arrest - Motor Vehicle Exception To Warrant Requirement - Limits? People V. Dumas,
2015
The University of Akron
Searches And Seizures - Arrest - Motor Vehicle Exception To Warrant Requirement - Limits? People V. Dumas, Gordon D. Arnold
Akron Law Review
On May 11, 1970, officers of the Los Angeles Police Department approached the apartment of Clay Dumas. Based on a report from a reliable informant, whose information had been corroborated by independent police investigation, the police had obtained a warrant to search Dumas' apartment and "all trash cans, storage areas, garages and carports which are assigned to and/or used by occupants of the aforesaid apartment." The objects of the search were certain stolen bonds and bank checks which, according to the police informant, Dumas had been in possession of for about eight weeks; also narcotics and narcotics gear. The police …
Entrapment - An End? State V. Rowan,
2015
The University of Akron
Entrapment - An End? State V. Rowan, Kenneth D. Morse
Akron Law Review
Rowan creates a trap for the individual who is confronted by the undercover narcotics agent and who had no intention of committing the crime. That the crime is more likely to occur under Rowan cannot be doubted. It is of utmost significance that the narcotics agent may sell and deliver drugs. Courts cannot ignore a change of social mores which have occurred. 25 More and more people are willing to accept the existence of conduct which was previously branded as criminal behavior. It is precisely these people that the Rowan decision sets out to trap.
Book Review: Justice Is The Crime,
2015
The University of Akron
Book Review: Justice Is The Crime, James G. France
Akron Law Review
[R]eform suggestions are bold, sometimes to the point of brashness. Many of them are urgently needed, but few are new. They bear a curious resemblance to those offered by the National Conference on the Judiciary in its Concensus Report, and to some of the more recent reports and recommendations of state court studies, all financed by L.E.A.A. grants, some of them quite substantial. It is as if the real source of the proposals was in the Department of Justice in Washington, all for the benefit of the untutored provincials. These suggestions are of three types: Those which are untried and …
Book Review: Insanity Defense: By Richard Arens,
2015
The University of Akron
Book Review: Insanity Defense: By Richard Arens, Gustav Goldberger
Akron Law Review
It is not often that the average criminal trial lawyer will seriously contemplate the use of the insanity defense. The law presumes a defendant sane and counsel will naturally attribute sanity to his client unless obvious signs trigger the consideration of the insanity defense.
