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Criminal Procedure Commons™

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12,076 full-text articles. Page 298 of 332.

The Inevitable Discovery Rule - Justice Served Or Justice Thwarted? - People V. Pinckney, Danielle M. Hansen 2012 Touro Law Center

The Inevitable Discovery Rule - Justice Served Or Justice Thwarted? - People V. Pinckney, Danielle M. Hansen

Touro Law Review

No abstract provided.


It’S In The Bag: Voluntariness, Scope, And The Authority To Grant Consent - United States V. Harris, Daniel Fier 2012 Touro Law Center

It’S In The Bag: Voluntariness, Scope, And The Authority To Grant Consent - United States V. Harris, Daniel Fier

Touro Law Review

No abstract provided.


The Absentee Post-Conviction Constitutional Safeguards – People V. Zowaski, Danielle M. Hansen 2012 Touro Law Center

The Absentee Post-Conviction Constitutional Safeguards – People V. Zowaski, Danielle M. Hansen

Touro Law Review

No abstract provided.


New York’S Law Allowing Trafficked Persons To Bring Motions To Vacate Prostitution Convictions: Bridging The Gap Or Just Covering It Up?, Whitney J. Drasin 2012 Touro University Jacob D. Fuchsberg Law Center

New York’S Law Allowing Trafficked Persons To Bring Motions To Vacate Prostitution Convictions: Bridging The Gap Or Just Covering It Up?, Whitney J. Drasin

Touro Law Review

No abstract provided.


Minority Over-Representation In The Criminal Justice System―The Impact On African American Women, Families And Their Communities And Important Emerging Interventions, Brenda V. Smith 2012 American University Washington College of Law

Minority Over-Representation In The Criminal Justice System―The Impact On African American Women, Families And Their Communities And Important Emerging Interventions, Brenda V. Smith

Presentations

sponsored by the Substance Abuse and Mental Health Services Administration (SAMHSA) in partnership with Mental Health Systems, Inc.


Summary Of Nevada V. Barren, 128 Nev. Adv. Op. 31, Amanda Ireland 2012 Nevada Law Journal

Summary Of Nevada V. Barren, 128 Nev. Adv. Op. 31, Amanda Ireland

Nevada Supreme Court Summaries

An appeal from a district court order granting writ of mandamus directing the justice court to dismiss a criminal complaint for lack of jurisdiction.


Summary Of In Re George J., 128 Nev. Advanced Opinion No. 32, Emily Navasca 2012 Nevada Law Journal

Summary Of In Re George J., 128 Nev. Advanced Opinion No. 32, Emily Navasca

Nevada Supreme Court Summaries

The Court considered an appeal from a district court’s order transferring a juvenile case to justice court for adult criminal proceedings pursuant to NRS 62B.335.


Prosecutorial Decriminalization, Erik Luna 2012 Washington and Lee University School of Law

Prosecutorial Decriminalization, Erik Luna

Scholarly Articles

The article discusses the legal concept of prosecutorial decriminalization in the U.S. as of July 2012, focusing on an analysis of the use of criminal laws to enforce the public standards of morality in America. Penal codes and criminal sanctions are addressed, along with several reform measures aimed at restructuring a criminal law system in the U.S. which has reportedly been overburdened by overcriminalization. The use of the American judiciary system as a check on overcriminalization is mentioned.


Crack, Congress, And The Normalization Of Federal Sentencing: Why 12,040 Federal Inmates Believe That Their Sentences Should Be Reduced, And Why They And Others Like Them May Be Right, Michael McNeill 2012 Mercer University School of Law

Crack, Congress, And The Normalization Of Federal Sentencing: Why 12,040 Federal Inmates Believe That Their Sentences Should Be Reduced, And Why They And Others Like Them May Be Right, Michael Mcneill

Mercer Law Review

The 1980s was a transitionary period in American history, when the general acceptance of casual drug use, which is still associated with the 1960s and 1970s, began to turn to widespread disapproval. The practice and dangers of "freebasing"-smoking cocaine that had been purified with ether and inhaled over an open flame-came into the public spotlight in 1980 when a prominent comedian immolated himself in an accident blamed on the dangerous practice. Beginning in 1984, a cheaper, more accessible form of freebase cocaine, called "crack," began growing in popularity in New York, Miami, and Los Angeles. In November 1985, newspapers began …


The Legacy Of Rux V. Republic Of Sudan And The Future Of The Judicial War On Terror, Chad G. Marzen 2012 Florida State University

The Legacy Of Rux V. Republic Of Sudan And The Future Of The Judicial War On Terror, Chad G. Marzen

Cardozo Public Law, Policy & Ethics Journal

The article examines the legal battles of the families of U.S. sailors killed in the 2000 U.S.S. Cole bombing, focusing on their efforts to hold Sudan liable under the Foreign Sovereign Immunity Act (FSIA) and the state sponsor of terrorism exception. It explores the procedural history of the Rux and Kumar cases, highlighting the complexities of applying the FSIA and the impact of legislative changes, such as the National Defense Authorization Act (NDAA) 2008, on terrorism-related litigation. The analysis underscores the challenges in balancing judicial authority with legislative intent, particularly in cases involving retroactivity and res judicata.


Guilty Until Proven Innocent: Providing Effective Relief To The Actually Innocent In New York, Steven M. Cytryn 2012 Hartman & Winnicki, P.C.

Guilty Until Proven Innocent: Providing Effective Relief To The Actually Innocent In New York, Steven M. Cytryn

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.


Reverberations Of The Victim's "Voice": Victim Impact Statements And The Cultural Project Of Punishment, Erin L. Sheley 2012 Georgetown University

Reverberations Of The Victim's "Voice": Victim Impact Statements And The Cultural Project Of Punishment, Erin L. Sheley

Indiana Law Journal

No abstract provided.


Taking The Stand: Access To Justice For Witnesses With Mental Disabilities In Sexual Assault Cases, Janine Benedet, Isabel Grant 2012 Osgoode Hall Law School of York University

Taking The Stand: Access To Justice For Witnesses With Mental Disabilities In Sexual Assault Cases, Janine Benedet, Isabel Grant

Osgoode Hall Law Journal

In this article the authors argue that the existing adversarial trial process often prevents the stories of sexual assault complainants with mental disabilities from being heard in court. Relying on social science evidence, the authors argue that subjecting a woman with a mental disability to a rigorous cross-examination with repeated and leading questions, in a manner that is confrontational and often accusatory, is probably the worst way to get her story heard accurately in court. It is likely to unfairly undermine her credibility and to result in unjustified acquittals or in prosecutors deciding not to pursue a case. The article …


Batson's Grand Jury Dna, Roger Fairfax 2012 American University Washington College of Law

Batson's Grand Jury Dna, Roger Fairfax

Scholarly Articles in Law Reviews & Journals

Batson v. Kentucky was a landmark decision imposing constitutional restrictions on peremptory challenges in the petit jury selection process. Batson was a culmination of a long line of cases addressing racial discrimination in jury selection. However, the role of anti-discrimination doctrine in grand jury selection is often overlooked when the story of Batson is considered. Many of the key equal protection cases underpinning the Batson decision were grand jury cases. Furthermore, the evidentiary framework applied to challenges to race-based peremptory strikes in Batson was forged in a century's worth of grand jury discrimination doctrine. This Essay, prepared for the "Batson …


Revisiting "Special Needs" Theory Via Airport Searches, Alexander A. Reinert 2012 Benjamin N. Cardozo School of Law

Revisiting "Special Needs" Theory Via Airport Searches, Alexander A. Reinert

Articles

Controversy has raged since the Transportation Security Administration (TSA) introduced Advanced Imaging Technology, capable of producing detailed images of travelers' bodies, and "enhanced" pat frisks as part of everyday airport travel. In the face of challenges in the courts and in public discourse, the TSA has justified the heightened security measures as a necessary means to prevent terrorist attacks. The purpose of this Essay is to situate the Fourth Amendment implications of the new regime within a broader historical context. Most germane, after the Federal Aviation Administration (FAA) introduced sweeping new screening of air travelers in the 1960s and 1970s …


Prea 101 For Juvenile Justice Agencies, Brenda V. Smith 2012 American University Washington College of Law

Prea 101 For Juvenile Justice Agencies, Brenda V. Smith

Presentations

No abstract provided.


When The Cheering (For Gideon ) Stops: The Defense Bar And Representation At Initial Bail Hearings, Douglas L. Colbert 2012 University of Maryland Francis King Carey School of Law

When The Cheering (For Gideon ) Stops: The Defense Bar And Representation At Initial Bail Hearings, Douglas L. Colbert

Faculty Scholarship

This article suggests that the absence of representation at the beginning of a State criminal prosecution must come to a screeching halt. The criminal defense bar should take a leadership role and dedicate Gideon's anniversary to making certain that an accused's right to the effective assistance of counsel begins at the initial bail hearing. Indeed, guaranteeing vigorous representation should be the defense bar's number one priority.


Editor's Observations: It's Alive! The Federal Booker-Fix Debate Sirs, Frank O. Bowman III 2012 University of Missouri, Columbia

Editor's Observations: It's Alive! The Federal Booker-Fix Debate Sirs, Frank O. Bowman Iii

Faculty Publications

Seven years have passed since Justice Ginsburg do-si-doed from the merits majority to the remedial majority in Booker and transformed the Federal Sentencing Guidelines into an advisory system.' And despite the logical absurdity of the Scalian Sixth Amendment doctrine that produced this outcome,' and despite the expectation of folks like me that this marriage of fish and fowl could not long survive, it survives. What is more, a great many people whose opinion matters now claim to love it-or at least to like it well enough to want to keep it for the foreseeable future. Thus, the outburst of legislative …


Administrative Justice: Using Agency Declaratory Orders In The Fight To Staunch The Financing Of Terrorism, J. David Pollock 2012 Benjamin N. Cardozo School of Law

Administrative Justice: Using Agency Declaratory Orders In The Fight To Staunch The Financing Of Terrorism, J. David Pollock

Cardozo Law Review

No abstract provided.


Justice In The Shadowlands: Pretrial Detention, Punishment, & The Sixth Amendment, Laura I. Appleman 2012 Washington and Lee University School of Law

Justice In The Shadowlands: Pretrial Detention, Punishment, & The Sixth Amendment, Laura I. Appleman

Washington and Lee Law Review

In a criminal system that tips heavily to the side of wealth and power, we routinely detain the accused in often horrifying conditions, confined in jails while still maintaining the presumption of innocence. Here, in the rotting jail cells of impoverished defendants, lies the Shadowlands of Justice, where the lack of criminal procedure has produced a darkness unrelieved by much scrutiny or concern on the part of the law. This Article contends that our current system of pretrial detention lies in shambles, routinely incarcerating the accused in horrifying conditions often far worse than those of convicted offenders in prisons. Due …


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