The Conscience And Culture Of Prosecution: An Introduction,
2012
William & Mary Law School
The Conscience And Culture Of Prosecution: An Introduction, Anna Offit
Faculty Publications
Introduction to a symposium issue: "an interdisciplinary conversation between a filmmaker, former prosecutors, law professors, defense attorneys, and graduate students. Several questions prompted this gathering: First, do prosecutors have a distinctive legal 'culture'? What are the shared assumptions that define it? And how do those assumptions synchronize or conflict with the behaviors we deem ethical?"
Is Texas Tough On Crime But Soft On Criminal Procedure?,
2012
William & Mary Law School
Is Texas Tough On Crime But Soft On Criminal Procedure?, Adam M. Gershowitz
Faculty Publications
Although Texas is well known for imposing tough punishments on convicted defendants, it is surprisingly generous in affording criminal procedure protections. In a variety of areas, including search and seizure rules, confession requirements, the availability of bail, prosecutorial discovery obligations, and jury trial guarantees, Texas affords protections vastly in excess of what is required by the United States Constitution. Even more shocking, these criminal procedure guarantees come almost entirely from Texas statutes approved by the legislature, not activist rules imposed by judges. This Article explores Texas's reputation as a tough-on-crime state and the seeming inconsistency between Texas being tough on …
Predictive Policing And Reasonable Suspicion,
2012
American University Washington College of Law
Predictive Policing And Reasonable Suspicion, Andrew Ferguson
Scholarly Articles in Law Reviews & Journals
Predictive policing is a new law enforcement strategy to reduce crime by predicting criminal activity before it happens. Using sophisticated computer algorithms to forecast future events from past crime patterns, predictive policing has become the centerpiece of a new smart-policing strategy in several major cities. The initial results have been strikingly successful in reducing crime.This article addresses the Fourth Amendment consequences of this police innovation, analyzing the effect of predictive policing on the concept of reasonable suspicion. This article examines predictive policing in the context of the larger constitutional framework of “prediction” and the Fourth Amendment. Many aspects of current …
Session One: Using Forensic Medical Evidence In Court,
2012
American University Washington College of Law
Session One: Using Forensic Medical Evidence In Court, Juan E. Mendez
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Possession And Knowledge In The Misuse Of Drugs Act: Nagaenthran A/L K Dharmalingam V. Public Prosecutor,
2012
Singapore Management University
Possession And Knowledge In The Misuse Of Drugs Act: Nagaenthran A/L K Dharmalingam V. Public Prosecutor, Siyuan Chen, Nathaniel Poon-Ern Khng
Research Collection Yong Pung How School Of Law
When the Court of Appeal rendered the decision of Tan Kiam Peng in 2008, it was unable to come to a conclusive determination of the correct interpretation of s. 18(2) of the Misuse of Drugs Act, a provision pertaining to the presumption of an accused’s knowledge of the nature of the controlled drugs in his possession. This issue was presented to a differently constituted Court of Appeal in Nagaenthran, which seemingly ruled in favour of the narrow interpretation of s. 18(2) as opposed to the broader interpretation. Nagaenthran, however, did not address the questions raised by Tan Kiam Peng vis-à-vis …
Exonerating The Innocent: Pretrial Innocence Procedures,
2012
U.S. Military Academy at West Point
Exonerating The Innocent: Pretrial Innocence Procedures, Tim Bakken, Lewis M. Steel
NYLS Law Review
No abstract provided.
Models Of Justice To Protect Innocent Persons,
2012
U.S. Military Academy at West Point
Models Of Justice To Protect Innocent Persons, Tim Bakken
NYLS Law Review
No abstract provided.
Innocence Is Different: Taking Innocence Into Account In Reforming Criminal Procedure,
2012
Seton Hall University School of Law
Innocence Is Different: Taking Innocence Into Account In Reforming Criminal Procedure, D. Michael Risinger, Lesley C. Risinger
NYLS Law Review
No abstract provided.
Convicting Lennie: Mental Retardation, Wrongful Convictions, And The Right To A Fair Trial,
2012
Cornell Law School
Convicting Lennie: Mental Retardation, Wrongful Convictions, And The Right To A Fair Trial, John H. Blume, Sheri Lynn Johnson, Susan E. Millor
NYLS Law Review
No abstract provided.
Pretrial Procedures For Innocent People: Reforming Brady,
2012
Pace University School of Law
Pretrial Procedures For Innocent People: Reforming Brady, Lissa Griffin
NYLS Law Review
No abstract provided.
Dallas County Conviction Integrity Unit And The Importance Of Getting It Right The First Time,
2012
Texas Wesleyan University School of Law
Dallas County Conviction Integrity Unit And The Importance Of Getting It Right The First Time, Mike Ware
NYLS Law Review
No abstract provided.
Freeing The Guilty Without Protecting The Innocent: Some Skeptical Observations On Proposed New “Innocence” Procedures,
2012
S.J. Quinney College of Law at the University of Utah
Freeing The Guilty Without Protecting The Innocent: Some Skeptical Observations On Proposed New “Innocence” Procedures, Paul G. Cassell
NYLS Law Review
No abstract provided.
Getting Back To The Fourth Amendment: Warrantless Cell Phone Searches,
2012
New York Law School
Getting Back To The Fourth Amendment: Warrantless Cell Phone Searches, Mireille Dee
NYLS Law Review
No abstract provided.
Growing Up Policed In The Age Of Aggressive Policing Policies,
2012
John Jay College of Criminal Justice
Growing Up Policed In The Age Of Aggressive Policing Policies, Brett G. Stoudt, Michelle Fine, Madeline Fox
NYLS Law Review
No abstract provided.
Coming Clean: The Erosion Of Juvenile Miranda Rights In New York State,
2012
New York Law School
Coming Clean: The Erosion Of Juvenile Miranda Rights In New York State, Justin Ashenfelter
NYLS Law Review
No abstract provided.
Does The Lawyer Make A Difference? Public Defender V. Appointed Counsel,
2012
Washington University in St. Louis School of Law
Does The Lawyer Make A Difference? Public Defender V. Appointed Counsel, Peter A. Joy, Kevin C. Mcmunigal
Scholarship@WashULaw
A recent study found that poor criminal defendants in Philadelphia who were represented by court-appointed private lawyers were more often found guilty and sentenced to more time in prison than similarly situated defendants represented by public defenders. In this column, we review the details of the study, its findings, and its ethical and constitutional implications.
Social-Network Theory And The Diffusion Of The Search-And-Seizure Exclusionary Rule Among State Courts Between Weeks And Wolf,
2012
California Western School of Law
Social-Network Theory And The Diffusion Of The Search-And-Seizure Exclusionary Rule Among State Courts Between Weeks And Wolf, Laurence A. Benner, Robert Bird, Donald J. Smythe
Faculty Scholarship
In light of the Supreme Court’s recent narrowing of the Fourth Amendment exclusionary rule in cases like Herring v. United States and Davis v. United States, there is renewed interest in whether state supreme courts will maintain or similarly narrow the search and seizure exclusionary rule for violations of their own state constitutions. The pattern of early adoptions of the exclusionary rule as a matter of state law before it was mandated by the federal Constitution may provide interesting insights into how the state supreme courts will respond to cases such as Herring and Davis. This article uses social-network theory …
Redinocente: The Challenge Of Bringing Innocence Work To Latin America,
2012
California Western School of Law
Redinocente: The Challenge Of Bringing Innocence Work To Latin America, Justin Brooks
Faculty Scholarship
No abstract provided.
Why Do Criminals Obey The Law? The Influence Of Legitimacy And Social Networks On Active Gun Offenders,
2012
Columbia Law School
Why Do Criminals Obey The Law? The Influence Of Legitimacy And Social Networks On Active Gun Offenders, Andrew V. Papachristos, Tracey L. Meares, Jeffery Fagan
Faculty Scholarship
Research on procedural justice and legitimacy suggests that compliance with the law is best secured not by mere threat offorce, but by fostering beliefs in the fairness of the legal systems and in the legitimacy of legal actors. To date, however, this research has been based on general population surveys and more banal types of law-violating behavior (such as unpaid parking tickets, excessive noise, etc.). Thus, while we know why the average citizen obeys the law, we do not have similar knowledge about populations most likely to commit serious violent crimes. This study fills that void by using a unique …
Unintended Consequences: The Impact Of The Court's Recent Cases On Structural Ineffective Assistance Of Counsel Claims,
2012
Georgia State University College of Law
Unintended Consequences: The Impact Of The Court's Recent Cases On Structural Ineffective Assistance Of Counsel Claims, Lauren Sudeall Lucas
Faculty Publications By Year
The Supreme Court’s recent Sixth Amendment cases have garnered much attention for their potential impact on ineffective assistance of counsel claims asserted in the context of a criminal case. This short article explores the unintended consequences of these decisions on structural ineffective assistance of counsel claims made in the civil context alleging that systemic deficiencies are likely to lead to right to counsel violations. The article concludes that the Court’s departure from a trial-centered conception of the right to counsel, its willingness to articulate specific pre-trial duties of counsel and its more pragmatic approach towards enforcing the Sixth Amendment will …
