Open Access. Powered by Scholars. Published by Universities.®

Criminal Procedure Commons™

Open Access. Powered by Scholars. Published by Universities.®

12,076 Full-Text Articles 8,892 Authors 11,772,756 Downloads 221 Institutions

All Articles in Criminal Procedure

Faceted Search

12,076 full-text articles. Page 299 of 332.

Plaintiff Anonymity During Civil Litigation Of Childhood Sexual Abuse Cases, Amit Shertzer 2012 Benjamin N. Cardozo School of Law

Plaintiff Anonymity During Civil Litigation Of Childhood Sexual Abuse Cases, Amit Shertzer

Cardozo Law Review

No abstract provided.


Setting Us Up For Disaster: The Supreme Court's Decision In Terry V. Ohio, Thomas B. McAffee 2012 University of Nevada, Las Vegas -- William S. Boyd School of Law

Setting Us Up For Disaster: The Supreme Court's Decision In Terry V. Ohio, Thomas B. Mcaffee

Nevada Law Journal

The controversies spawned by the Supreme Court’s decision in Terry v. Ohio are just about as expansive as the decision’s implications for the development of Fourth Amendment doctrine. And it was recently observed that it is perhaps the most criticized Fourth Amendment decision since the modern Supreme Court belatedly incorporated the amendment, and eventually the exclusionary rule.3 Fortunately, there is neither time nor space to address and fully resolve all of these controversies, or even to determine whether the case was just wrongly decided; the somewhat narrower thesis of this Article is that the long-term impact of Terry on the …


Summary Of Whitehead V. State, 128 Nev. Adv. Op. No. 24, Eric Carson 2012 Nevada Law Journal

Summary Of Whitehead V. State, 128 Nev. Adv. Op. No. 24, Eric Carson

Nevada Supreme Court Summaries

The Court grants an en banc reconsideration of an appeal from an order dismissing a post-conviction petition for writ of habeas corpus.


Apprendi V. New Jersey, The Scaling Back Of The Sentencing Factor Revolution And The Resurrection Of Criminal Defendant Rights, How Far Is Too Far?, Analisa Swan 2012 Pepperdine University

Apprendi V. New Jersey, The Scaling Back Of The Sentencing Factor Revolution And The Resurrection Of Criminal Defendant Rights, How Far Is Too Far?, Analisa Swan

Pepperdine Law Review

No abstract provided.


Trial Objections From Beginning To End: The Handbook For Civil And Criminal Trials, Craig Lee Montz 2012 Pepperdine University

Trial Objections From Beginning To End: The Handbook For Civil And Criminal Trials, Craig Lee Montz

Pepperdine Law Review

No abstract provided.


Municipal Liability? Not So Fast: What Connick V. Thompson Means For Future Prosecutorial Misconduct, T. Owen Farist 2012 Mercer University School of Law

Municipal Liability? Not So Fast: What Connick V. Thompson Means For Future Prosecutorial Misconduct, T. Owen Farist

Mercer Law Review

In Connick v. Thompson, the United States Supreme Court held that, under section 1983 of title 42 of the United States Code, the Orleans Parish District Attorney's actions failed to rise to the level of deliberate indifference required for municipal liability. The Court affirmed the possibility of "single-incident" municipal liability hypothesized in City of Canton v. Harris as an exception to the ordinary requirement of a pattern of similar violations necessary to prove the stringent standard of deliberate indifference to a known or obvious consequence. Despite upholding the validity of the exception, the Court found that Thompson's case did …


The Criminal Rules Enabling Act, Max Mizner 2012 University of New Mexico School of Law

The Criminal Rules Enabling Act, Max Mizner

University of Richmond Law Review

No abstract provided.


United States V. Ruiz-Gaxiola: When Criminal Defendants Say No To Drugs, Adam Dayton 2012 Brigham Young University Law School

United States V. Ruiz-Gaxiola: When Criminal Defendants Say No To Drugs, Adam Dayton

BYU Law Review

No abstract provided.


Empty Promises: Miranda Warnings In Noncustodial Interrogations, Aurora Maoz 2012 University of Michigan Law School

Empty Promises: Miranda Warnings In Noncustodial Interrogations, Aurora Maoz

Michigan Law Review

You have the right to remain silent; anything you say can be used against you in a court of law. You have the right to an attorney; if you cannot afford an attorney, one will be provided to you at the state's expense. In 2010, the Supreme Court declined an opportunity to resolve the question of what courts should do when officers administer Miranda warnings in a situation where a suspect is not already in custody-in other words, when officers are not constitutionally required to give or honor these warnings. While most courts have found a superfluous warning to be …


Summary Of State V. Huebler, 128 Nev. Adv. Op. No. 19, Richard A. Andrews 2012 Nevada Law Journal

Summary Of State V. Huebler, 128 Nev. Adv. Op. No. 19, Richard A. Andrews

Nevada Supreme Court Summaries

The Court considered an appeal from the district court’s grant of relief of an untimely petition for a writ of habeas corpus from a conviction based on a guilty plea.


Legal Representation In The Chinese Criminal Court, Yudu Li, Hong Lu 2012 University of Nevada, Las Vegas

Legal Representation In The Chinese Criminal Court, Yudu Li, Hong Lu

Graduate Research Symposium (2010 - 2017)

Abstract: Legal representation plays an important role in criminal sentencing decisions. China has recently stipulated a mandatory legal representation clause for all offenders facing capital charges in its Criminal Procedural Law (1996). This study uses data generated from criminal court case documents involving three serious violent crimes: murder, intentional assault, and robbery. All these crimes carry a maximum of sentence of death. The study examines whether and under what conditions legal representation has an effect on criminal sentencing decisions in China. While the overall multi-regression model did not find that having a legal representation significantly reduces the criminal sentence, a …


White-Collar Crime: Why The Sentencing Disparity Despite Uniform Guidelines?, Jon J. Lambiras 2012 Pepperdine University

White-Collar Crime: Why The Sentencing Disparity Despite Uniform Guidelines?, Jon J. Lambiras

Pepperdine Law Review

No abstract provided.


The Fifth Amendment Right Against Self-Incrimination: An In-Depth Look At Mckune V. Lile, Heidi Feldman 2012 Pepperdine University

The Fifth Amendment Right Against Self-Incrimination: An In-Depth Look At Mckune V. Lile, Heidi Feldman

Pepperdine Law Review

No abstract provided.


Tortured History: Finding Our Way Back To The Lost Origins Of The Eighth Amendment, Celia Rumann 2012 Pepperdine University

Tortured History: Finding Our Way Back To The Lost Origins Of The Eighth Amendment, Celia Rumann

Pepperdine Law Review

No abstract provided.


Alabama V. Shelton: One Small Step For Man, One Very Small Step For The Sixth Amendment's Right To Counsel, Joshua S. Stambaugh 2012 Pepperdine University

Alabama V. Shelton: One Small Step For Man, One Very Small Step For The Sixth Amendment's Right To Counsel, Joshua S. Stambaugh

Pepperdine Law Review

No abstract provided.


Ring V. Arizona: The Sixth And Eighth Amendments Collide: Out Of The Wreckage Emerges A Constitutional Safeguard For Capital Defendants, Jason E. Barsanti 2012 Pepperdine University

Ring V. Arizona: The Sixth And Eighth Amendments Collide: Out Of The Wreckage Emerges A Constitutional Safeguard For Capital Defendants, Jason E. Barsanti

Pepperdine Law Review

No abstract provided.


Summary Of Rodriguez V. Nevada, 128 Nev. Adv. Op. 14, Rami Hernandez 2012 Nevada Law Journal

Summary Of Rodriguez V. Nevada, 128 Nev. Adv. Op. 14, Rami Hernandez

Nevada Supreme Court Summaries

An appeal from a district court criminal conviction, pursuant to a jury verdict, on evidentiary grounds.


Brady, Trust, And Error, Samuel R. Wiseman 2012 Florida State University College of Law

Brady, Trust, And Error, Samuel R. Wiseman

Scholarly Publications

No abstract provided.


Disparately Seeking Jurors: Disparate Impact And The (Mis)Use Of Batson, Anna Roberts 2012 Brooklyn Law School

Disparately Seeking Jurors: Disparate Impact And The (Mis)Use Of Batson, Anna Roberts

Faculty Scholarship

No abstract provided.


The Slow Wheels Of Furman's Machinery Of Death, Brent E. Newton 2012 University of Arkansas Little Rock

The Slow Wheels Of Furman's Machinery Of Death, Brent E. Newton

The Journal of Appellate Practice and Process

No abstract provided.


Digital Commons powered by bepress