Supreme Court, Bronx County, People Ex Rel. Furde V. New York City Dep't Of Correction,
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,
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,
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,
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,
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,
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?,
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,
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,
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,
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?,
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,
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,
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),
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,
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!,
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,
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?,
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,
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,
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.
