Automobile Consent Searches: The Driver's Options In A Lose-Lose Situation,
2011
University of Richmond
Automobile Consent Searches: The Driver's Options In A Lose-Lose Situation, Arthur J. Park
Richmond Journal of Law and the Public Interest
"Do you mind if I take a quick look in the vehicle?" This is a question that countless Americans hear every day, but very few citizens understand the ramifications of their answer. How long can the officer keep me here? What if there is something in my car that I do not know about? Can I be arrested if I refuse the search? This article will address the legal context surrounding consent searches of automobiles in order to provide some clarity to drivers and passengers that are put in this lose-lose situation.
Courts Re-Examine The Application Of Goldfinger-Era Electronic Tracking Cases To Law Enforcement Use Of Gps Tracking Devices,
2011
University of Richmond
Courts Re-Examine The Application Of Goldfinger-Era Electronic Tracking Cases To Law Enforcement Use Of Gps Tracking Devices, Joshua A. Engel
Richmond Journal of Law and the Public Interest
GPS tracking devices have become inexpensive, small, and can easily be attached to a vehicle quickly. Law enforcement is increasingly using these devices to track the exact location of a suspect's vehicle over a long period of time. In most instances, relying on Supreme Court cases from the early 1980's, law enforcement has not sought a warrant before using these devices. This paper examines how courts have attempted to apply Supreme Court precedents based on "primitive" tracking devices to modern GPS tracking devices. These precedents established that the use of electronic tracking devices on vehicles did not constitute a search …
How United States V. Jones Can Restore Our Faith In The Fourth Amendment,
2011
University of Dayton
How United States V. Jones Can Restore Our Faith In The Fourth Amendment, Erica Goldberg
School of Law Faculty Publications
United States v. Jones, issued in January of this year, is a landmark case that has the potential to restore a property-based interpretation of the Fourth Amendment to prominence. In 1967, the Supreme Court abandoned its previous Fourth Amendment framework, which had viewed the prohibition on unreasonable searches in light of property and trespass laws, and replaced it with a rule protecting the public’s reasonable expectations of privacy. Although the Court may have intended this reasonable expectations test to provide more protection than a test rooted in property law, the new test in fact made the Justices’ subjective views about …
Delay In Process, Denial Of Justice: The Jurisprudence And Empirics Of Speedy Trials In Comparative Perspective,
2011
Indiana University Maurer School of Law
Delay In Process, Denial Of Justice: The Jurisprudence And Empirics Of Speedy Trials In Comparative Perspective, Jayanth K. Krishnan, C. Raj Kumar
Articles by Maurer Faculty
Criminal law scholars regularly maintain that American prisons are overcrowded and that defendants in custody wait long periods of time before having their cases brought to trial. A similar refrain is made of the penal process in India – the world’s largest democracy, an ally of the United States, and a country with a judiciary that has drawn upon American criminal procedure law. In fact, the situation in India is thought to be much worse. Accounts of prisoners languishing behind bars for several years – and sometimes decades – awaiting their day in court are not uncommon. And many Indian …
An Overview Of The Capital Jury Project For Military Practitioners: Aggravation, Mitigation, And Admission Defenses,
2011
Chair and Professor, Criminal Law Department, The Judge Advocate General's Legal Center and School, U.S. Army, Charlottesville, Virginia
An Overview Of The Capital Jury Project For Military Practitioners: Aggravation, Mitigation, And Admission Defenses, Eric R. Carpenter
Faculty Publications
No abstract provided.
Localism And Capital Punishment,
2011
Notre Dame Law School
Localism And Capital Punishment, Stephen F. Smith
Journal Articles
Professor Adam Gershowitz presents an interesting proposal to transfer from localities to states the power to enforce the death penalty. In his view, state-level enforcement would result in a more rationally applied death penalty because states would be much more likely to make capital charging decisions based on desert, without the distorting influence of the severe resource constraints applicable to all but the wealthiest of localities. As well conceived as Professor Gershowitz’s proposal is, however, I remain skeptical that statewide enforcement of the death penalty would be preferable to continued local enforcement. First, Professor Gershowitz underestimates the benefits of localism …
Is The "Post" In Post-Racial The "Blind" In Colorblind?,
2011
University of California, Berkeley
Is The "Post" In Post-Racial The "Blind" In Colorblind?, Ian F. Haney López
Cardozo Law Review
No abstract provided.
Racial Epithets In The Criminal Process,
2011
Cornell University Law School
Racial Epithets In The Criminal Process, Sheri Lynn Johnson, John H. Blume, Patrick M. Wilson
Cornell Law Faculty Publications
The evidence of modern bias is often difficult to document and, even when documented, still capable of racially neutral interpretations. In contrast, the use of racial epithets is neither subtle nor ambiguous. Prior to the research that generated this article and our representation of two clients whose cases involved racial epithets, we would have assumed that the use of a racial epithet by a decision-maker in a criminal trial would be rare, but that assumption turns out to be wrong. We also would have assumed that the use of an epithet by any of the decision makers would lead to …
Drawing The Line At Pushing "Play": Barring Video Montages As Victim Impact Evidence At Capital Sentencing Trials,
2011
University of Kentucky
Drawing The Line At Pushing "Play": Barring Video Montages As Victim Impact Evidence At Capital Sentencing Trials, Alicia N. Harden
Kentucky Law Journal
No abstract provided.
Cost Conscious Justice: The Case For Wholly-Informed Discretionary Sentencing In Kentucky,
2011
University of Kentucky
Cost Conscious Justice: The Case For Wholly-Informed Discretionary Sentencing In Kentucky, Emily M. Grant
Kentucky Law Journal
No abstract provided.
“Custody” In Custody: Redefining Miranda Rights In Prison
,
2011
American University Washington College of Law
“Custody” In Custody: Redefining Miranda Rights In Prison , Maya Dominguez
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Association Of Adult Businesses With Secondary Effects: Legal Doctrine Social Theory, And Empirical Evidence,
2011
Cleveland-Marshall College of Law
The Association Of Adult Businesses With Secondary Effects: Legal Doctrine Social Theory, And Empirical Evidence, Alan C. Weinstein, Richard Mccleary
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Who Must Testify To The Results Of A Forensic Laboratory Test? Bullcoming V. New Mexico,
2011
University of Michigan Law School
Who Must Testify To The Results Of A Forensic Laboratory Test? Bullcoming V. New Mexico, Richard D. Friedman
Articles
Does the Confrontation Clause permit the prosecution to introduce a forensic laboratory report through the in-court testimony of a supervisor or other person who did not perform or observe the reported test?
The Illusory Right To Counsel,
2011
University of Michigan Law School
The Illusory Right To Counsel, Eve Brensike Primus
Articles
Imagine a woman wrongly accused of murdering her fiance. She is arrested and charged with first-degree murder. If convicted, she faces a mandatory sentence of life without the possibility of parole. Her family scrapes together enough money to hire two attorneys to represent her at trial. There is no physical evidence connecting her to the murder, but the prosecution builds its case on circumstantial inferences. Her trial attorneys admit that they were so cocky and confident that she would be acquitted that they did not bother to investigate her case or file a single pre-trial motion. Rather, they waived the …
Hanging On By A Thread: The Exclusionary Rule (Or What's Left Of It) Lives For Another Day,
2011
University of Michigan Law School
Hanging On By A Thread: The Exclusionary Rule (Or What's Left Of It) Lives For Another Day, David A. Moran
Articles
Back when there was a Soviet Union, foreign intelligence officers would anxiously await the May Day parade in Moscow to see who would be standing next to the chairman of the Communist Party and who would be missing from the reviewing platform altogether. Since the Soviet government and the statecontrolled press published very little about what was really going on in the halls of state power, this was considered the most reliable way to determine who was in or out of favor and, by extension, how the domestic and foreign policies of the world's second most powerful country were likely …
Getting What They Are Owed: Restitution Fees For Victims Of Child Pornography,
2011
Benjamin N. Cardozo School of Law
Getting What They Are Owed: Restitution Fees For Victims Of Child Pornography, Jennifer Rothman
Cardozo Journal of Equal Rights & Social Justice
The note advocates for the expansion of restitution liability to include possessors of child pornography, arguing that their actions cause distinct and ongoing harm to victims. It emphasizes that each possession or download revictimizes the child, invades their privacy, and perpetuates the market for such material, thus necessitating legal accountability and compensation.
Censoring Crimes,
2011
University of Arizona College of Law
Censoring Crimes, Barak Y. Orbach, Allison S. Woolston
Cardozo Arts & Entertainment Law Journal
Concerns regarding the harmful influence of films on youth and adults have always motivated censorship and justified, in some minds, greater government control over content. Many motion pictures portray illegal conduct-theft, robbery, embezzlement, arson, drug dealing, assault, rape, murder, treason, and other crimes. In most instances, commission of the underlying crime is not needed for the production of the film. Despite the perpetual fear of the "capacity for evil" of films, the legality of motion pictures that commercialize crimes has not been studied as a concept. This Essay explores the reasons for this neglect and examines the problems this omission …
Throwing Away The Key: Has The Adam Walsh Act Lowered The Threshold For Sexually Violent Predator Commitments Too Far?,
2011
University of Miami School of Law
Throwing Away The Key: Has The Adam Walsh Act Lowered The Threshold For Sexually Violent Predator Commitments Too Far?, Tamara Rice Lave
Articles
No abstract provided.
The Case Of Colonel Abel,
2011
Southern Methodist University, Dedman School of Law
The Case Of Colonel Abel, Jeffrey D. Kahn
Faculty Journal Articles and Book Chapters
In June 2010, journalists for the Associated Press reported the arrest of ten Russian spies, all suspected of being “deep-cover” illegal agents in the United States. Seeking to convey the magnitude of this event, the journalists wrote in the first paragraphs of their article that this “blockbuster series of arrests” might even be as significant as the FBI’s “famous capture of Soviet Col. Rudolf Abel in 1957 in New York.” Colonel Abel’s story of American justice at a time of acute anxiety about the nation’s security is one that continues to resonate today. The honor, and error, that is contained …
A Diva Defends Herself: Gender And Domestic Violence In An Early Twentieth-Century Headline Trial,
2011
University of Colorado Law School
A Diva Defends Herself: Gender And Domestic Violence In An Early Twentieth-Century Headline Trial, Carolyn B. Ramsey
Publications
This short article was presented as part of a symposium on headline criminal trials, organized by St. Louis University School of Law in honor of Lawrence Friedman. It describes and analyzes the self-defense acquittal of opera singer Mae Talbot in Nevada in 1910 on charges of murdering her abusive husband. Based on extensive research into archival trial records and newspaper reports, the article discusses how the press, the court, and trial lawyers on both sides depicted the killing and Mae’s possible defenses. Without discounting the sensationalism and entertainment value, to a scandal-hungry public, of stories about violent marriages, I contend …
