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Criminal Procedure Commons™

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12,138 Full-Text Articles 8,933 Authors 12,014,298 Downloads 222 Institutions

All Articles in Criminal Procedure

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12,138 full-text articles. Page 263 of 335.

Supreme Court, Bronx County, People Ex Rel. Furde V. New York City Dep't Of Correction, Adam D'Antonio 2014 Touro University Jacob D. Fuchsberg Law Center

Supreme Court, Bronx County, People Ex Rel. Furde V. New York City Dep't Of Correction, Adam D'Antonio

Touro Law Review

No abstract provided.


Appellate Division, Third Department, People V. Rivette, Michele Kligman 2014 Touro University Jacob D. Fuchsberg Law Center

Appellate Division, Third Department, People V. Rivette, Michele Kligman

Touro Law Review

No abstract provided.


District Court, Nassau County, People V. Yaghoubi, David Schoenhaar 2014 Touro University Jacob D. Fuchsberg Law Center

District Court, Nassau County, People V. Yaghoubi, David Schoenhaar

Touro Law Review

No abstract provided.


Principles For Establishment Of A Rule Of Law Criminal Justice System, William M. Cohen 2014 The Center for Human Rights Advocacy

Principles For Establishment Of A Rule Of Law Criminal Justice System, William M. Cohen

Georgia Journal of International & Comparative Law

No abstract provided.


Not So Fast: I Have Been Deprived Of My Right To Counsel, Elias Arroyo 2014 Touro University Jacob D. Fuchsberg Law Center

Not So Fast: I Have Been Deprived Of My Right To Counsel, Elias Arroyo

Touro Law Review

No abstract provided.


Putting The Cat Back In The Bag: Involuntary Confessions And Self-Incrimination, Joseph A. Iemma 2014 Touro University Jacob D. Fuchsberg Law Center

Putting The Cat Back In The Bag: Involuntary Confessions And Self-Incrimination, Joseph A. Iemma

Touro Law Review

No abstract provided.


Self-Incrimination: Are Underlying Questions About A Pending Conviction On Appeal A Violation Of A Defendant's Fifth Amendment Privilege Against Self-Incrimination?, MacDonald R. Drane IV 2014 Touro University Jacob D. Fuchsberg Law Center

Self-Incrimination: Are Underlying Questions About A Pending Conviction On Appeal A Violation Of A Defendant's Fifth Amendment Privilege Against Self-Incrimination?, Macdonald R. Drane Iv

Touro Law Review

No abstract provided.


Double Jeopardy: A Resentencing Game, Deirdre Cicciaro 2014 Touro University Jacob D. Fuchsberg Law Center

Double Jeopardy: A Resentencing Game, Deirdre Cicciaro

Touro Law Review

No abstract provided.


Justification For Police Intrusions, Corey Rashkover 2014 Touro University Jacob D. Fuchsberg Law Center

Justification For Police Intrusions, Corey Rashkover

Touro Law Review

No abstract provided.


Interpreting Search Incident To Arrest In New York: Past, Present, And Future, Jacqueline Iaquinta 2014 Touro University Jacob D. Fuchsberg Law Center

Interpreting Search Incident To Arrest In New York: Past, Present, And Future, Jacqueline Iaquinta

Touro Law Review

No abstract provided.


Search And Seizures: Constitutionally Protected Or Discretionary Police Work?, Jaren Fernan 2014 Touro University Jacob D. Fuchsberg Law Center

Search And Seizures: Constitutionally Protected Or Discretionary Police Work?, Jaren Fernan

Touro Law Review

No abstract provided.


Seize First, Search Later: The Hunt For Digital Evidence, Paige Bartholomew 2014 Touro University Jacob D. Fuchsberg Law Center

Seize First, Search Later: The Hunt For Digital Evidence, Paige Bartholomew

Touro Law Review

No abstract provided.


Retroactive Change In The Law To Punish A Defendant, George Schoenwaelder 2014 Touro University Jacob D. Fuchsberg Law Center

Retroactive Change In The Law To Punish A Defendant, George Schoenwaelder

Touro Law Review

No abstract provided.


Extradition - International Law - The United States Night Circuit Court Of Appeals Holds Government-Sponsored Abduction Abroad Is Not A Lawful Alternative To Extradition. United States V. Verdugo-Urquidez, 939 F.2d 1341 (9th Cir. 1991), Thomas L. Horan 2014 University of Georgia School of Law

Extradition - International Law - The United States Night Circuit Court Of Appeals Holds Government-Sponsored Abduction Abroad Is Not A Lawful Alternative To Extradition. United States V. Verdugo-Urquidez, 939 F.2d 1341 (9th Cir. 1991), Thomas L. Horan

Georgia Journal of International & Comparative Law

No abstract provided.


Confessions And The Right To Silence In Japan, Daniel H. Foote 2014 University of Washington School of Law

Confessions And The Right To Silence In Japan, Daniel H. Foote

Georgia Journal of International & Comparative Law

No abstract provided.


Come Back To The Boat, Justice Breyer!, Richard D. Friedman 2014 University of Michigan Law School

Come Back To The Boat, Justice Breyer!, Richard D. Friedman

Michigan Law Review First Impressions

I want to get Justice Breyer back on the right side of Confrontation Clause issues. In 1999, in Lilly v. Virginia, he wrote a farsighted concurrence, making him one of the first members of the Supreme Court to recognize the inadequacy of the then-prevailing doctrine of the Confrontation Clause. That doctrine, first announced in Ohio v. Roberts, was dependent on hearsay law and made judicial assessments of reliability determinative. In Crawford v. Washington, the Court was presented with an alternative approach, making the key inquiry whether the statement in question was testimonial in nature. During the oral …


Death, Desuetude, And Original Meaning, John F. Stinneford 2014 University of Florida Levin College of Law

Death, Desuetude, And Original Meaning, John F. Stinneford

UF Law Faculty Publications

One of the most common objections to originalism is that it cannot cope with cultural change. One of the most commonly invoked examples of this claimed weakness is the Cruel and Unusual Punishments Clause, whose original meaning would (it is argued) authorize barbaric punishment practices like flogging and branding, and disproportionate punishments like the death penalty for relatively minor offenses. This Article shows that this objection to originalism is inapt, at least with respect to the Cruel and Unusual Punishments Clause. As I have shown in prior articles, the original meaning of “cruel and unusual” is “cruel and contrary to …


What Is Criminal Restitution?, Cortney E. Lollar 2014 University of Kentucky College of Law

What Is Criminal Restitution?, Cortney E. Lollar

Law Faculty Scholarly Articles

A new form of restitution has become a core aspect of criminal punishment. Courts now order defendants to compensate victims for an increasingly broad category of losses, including emotional and psychological losses and losses for which the defendant was not found guilty. Criminal restitution therefore moves far beyond its traditional purpose of disgorging a defendant's ill-gotten gains. Instead, restitution has become a mechanism of imposing additional punishment. Courts, however, have failed to recognize the punitive nature of restitution and thus enter restitution orders without regard to the constitutional protections that normally attach to criminal proceedings. This Article deploys a novel …


Criminal Law And Procedure, Aaron J. Campbell 2014 Assistant Attorney General, Criminal Litigation Section, Office of the Attorney General, Commonwealth of Virginia

Criminal Law And Procedure, Aaron J. Campbell

University of Richmond Law Review

This article aims to provide a succinct review of noteworthy cases in the areas of criminal law and procedure that the Supreme Court of Virginia and the Court of Appeals of Virginia decided this past year. Instead of covering every ruling or procedural point in a particular case, this article focuses on the "take- away" of the holdings with the most precedential value. This article also summarizes significant changes to criminal law and procedure enacted by the 2014 Virginia General Assembly.


Virginia's Gap Between Punishment And Culpability: Re-Examining Self-Defense Law And Battered Women's Syndrome, Kendall Hamilton 2014 University of Richmond School of Law

Virginia's Gap Between Punishment And Culpability: Re-Examining Self-Defense Law And Battered Women's Syndrome, Kendall Hamilton

University of Richmond Law Review

No abstract provided.


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