Criminal Procedure Commons^™

Summary Of State Of Nevada, Dmv V. Taylor-Caldwell, 125 Nev. Adv. Op. No. 14 , David Krawczyk

Nevada Supreme Court Summaries

Consideration of whether Nev. Rev. Stat. §484.384 mandates driver’s license revocation when two consecutive breath samples are obtained from a DUI suspect and only one breath sample tests over the legal limit for alcohol.

Relationship And Injury Trends In The Homicide Of Women Across The Lifespan: A Research Note, Carol E. Jordan, Adam J. Pritchard, Danielle Duckett, Pamela Wilcox, Tracey Corey, Mandy Combest

Office for Policy Studies on Violence Against Women Publications

In 2006, more than 3,600 women in the United States lost their lives to homicide. Descriptive data regarding homicides of women are beginning to reveal important complexities regarding victim–offender relationships, severity of injury, and age of female homicide victim. More specifically, there is some indication that the correlation between victim–offender relationship and injury severity may be conditional, depending on victim age. This retrospective review accessed medical examiner records of female homicide victims from 2002 through 2004, and its findings offer additional illumination on the trends in associations of injury and relationship variables in the homicide of women over their life …

Appellate Review Of Sentences: Reconsidering Difference, Michael M. O'Hear

William & Mary Law Review

American appellate courts have long resisted calls that they play a more robust role in the sentencing process, insisting that they must defer to what they characterize as the superior sentencing competence of trial judges. This position is unfortunate insofar as rigorous appellate review might advance uniformity and other rule-of-law values that are threatened by broad trial court discretion. This Article thus provides the first systematic critique of the appellate courts’ standard justifications for deferring to trial court sentencing decisions. For instance, these justifications are shown to be based on premises that are inconsistent with empirical research on cognition and …

The Anatomy Of A Search: Intrusiveness And The Fourth Amendment, Renée Mcdonald Hutchins

University of Richmond Law Review

In this essay, I contend that when evaluating the constitutionality of enhanced surveillance devices, the existing test for assessing the occurrence of a Fourth Amendment search should be modified. Specifically, I suggest that intrusiveness should be unambiguously adopted by the Court as the benchmark for assessing and defining the existence of a search under the Fourth Amendment. Moreover, intrusiveness should be clearly defined to require an examination of two factors: the functionality of a challenged form of surveillance and the potential for disclosure created by the device.

Private Relationships And Public Problems: Applying Principles Of Relational Contract Theory To Domestic Violence, Tamara L. Kuennen

BYU Law Review

No abstract provided.

What Is Due To Others: Speaking And Signifying Subject(S) Of Rape Law, Penelope J. Pether

Working Paper Series

Australian journalist Paul Sheehan's representation of the alleged and convicted immigrant Muslim/Arab rapists he demonises in 'Girls Like You', like his representation of the rape survivors in that text, has much to tell us about the law's production of rape law's speaking and signifying subjects, “real rape” victims and survivors, false accusers and perpetrators. This article uses a variety of texts, including 'Girls Like You', recent Australian rape law jurisprudence and legislative reform, texts involving two controversial recent US rape cases — one from Maryland and one from Nebraska — and a recent UK study on attrition in rape prosecutions, …

Terrorism And The Law: Show Trials And Why The Show Must Go On, Ibpp Editor

International Bulletin of Political Psychology

The author discusses the nature and meaning of terrorism trials during the United States’ war on terror.

Civilizing Criminal Sanctions - A Practical Analysis Of Civil Asset Forfeiture Under The West Virginia Contraband Forfeiture Act, Joseph Cramer

West Virginia Law Review

No abstract provided.

Taking Money: The Politics Of Asset Forfeiture In The State Of Minnesota, Chad Hedman

Political Science Theses and Capstones

Is there a reason why a particular county might use asset forfeiture more than others? Asset forfeiture, in short, is law enforcement confiscating any items used in the act of committing a crime. As many governments face more budget crunches and deficits all means of revenue will become more vital to everyday operations. Everything gets reported back to the Minnesota State Auditor, where I was able to get complete data on every county. For variables such as education, race and others I drew from numerous government websites. I wanted to see if certain variables correlated with higher incidence of forfeiture. …

Lethal Discrimination, J. Thomas Sullivan

Law Faculty Scholarship

No abstract provided.

The Costs Of Abusing Probationary Sentences: Overincarceration And The Erosion Of Due Process, Andrew Horwitz

Law Faculty Scholarship

No abstract provided.

Pity The Child: The Age Of Delinquency In New York, Merril Sobie

Pace Law Review

No abstract provided.

No Second Chances: Leandra's Law And Mandatory Alcohol Ignition Interlocks For First-Time Drunk Driving Offenders, Joseph Marutollo

Pace Law Review

This Comment will examine whether it was prudent for New York to mandate alcohol ignition interlocks for all convicted DWI offenders. This Comment begins with an examination of the recent history of alcohol ignition interlocks in New York State. This Comment will then focus on three major critiques of alcohol ignition interlocks: first, whether first-time offenders should be treated the same way as serious alcohol abusers; second, whether mandating alcohol ignition interlocks for first-time offenders is an efficient way to curb drunk driving; and third, whether mandatory alcohol ignition interlock laws violate the separation of powers doctrine through Pennsylvania case …

Defining Indefiniteness: Suggested Revisions To The Void For Vagueness Doctrine, Cristina D. Lockwood

Cardozo Public Law, Policy & Ethics Journal

The void for vagueness doctrine is itself indefinite. The current void for vagueness analysis provides that the law is void for vagueness if it fails to provide fair notice of the prohibited conduct or is so standardless that it allows for discriminatory enforcement. Uncertainty within the doctrine exists because the United States Supreme Court has not articulated a definitive position as to when facial review is appropriate in the void for vagueness analysis. Further, the Court's decision that a law can be void for vagueness based solely on a finding that there is a potential for discriminatory enforcement creates uncertainty …

Unconstitutional And Unnecessary: A Cost/Benefit Analysis Of "Crimes Involving Moral Turpitude" In The Immigration And Nationality Act, Amy Wolper

Cardozo Law Review

No abstract provided.

Appealing To The Legislature: A Comparative Analysis Of The Georgia Statutes Regarding Evidence Preservation And Access To Post-Conviction Dna Testing, Joy D. Aceves-Amaya

University of the District of Columbia Law Review

DNA evidence testing is the leading cause of exonerations in criminal cases throughout the United States.2 Yet, without the preservation of evidence in these cases and the ability to subject this evidence to advancing technology in DNA testing, many claims of innocence go unheard and defendants remain incarcerated while the real perpetrators of crime go unpunished. As of September 2009, seven Georgia men have been exonerated by post-conviction DNA testing.3 Such exonerations should be considered "victories for our criminal justice system: they free the innocent, correct miscarriages of justice that undermine public confidence in our criminal justice system, and allow …

Judge's Ill-Timed Ruling Invites Irrationality In Public's Views About Capital Punishment, Adam M. Gershowitz

Popular Media

No abstract provided.

No Witness? No Admission: The Tale Of Testimonial Statements And Melendez-Diaz V. Massachusetts, Jody L. Sellers

Mercer Law Review

In Melendez-Diaz v. Massachusetts, the United States Supreme Court held that the Massachusetts trial court's admission into evidence of forensic "certificates of analysis" violated the Confrontation Clause of the Sixth Amendment. Following Crawford v. Washington, the Supreme Court held that the accused has a right to be confronted with the forensic analysts at trial unless "the analysts [are] unavailable to testify at trial" and the accused "had a prior opportunity to cross-examine" the analysts. Melendez-Diaz will have an important impact on criminal evidence procedure, specifically in regard to the potential growth of notice-and-demand statutes.

Curriculum: Investigating Allegations Of Staff Sexual Misconduct With Offenders (Facilitator's Guide), Brenda V. Smith, Morris L. Thigpen, Thomas Beauclair, Dee Halley, Jaime M. Yarussi, Marcia Morgan, Aaron Aldrich, Darrell Alley, Roy Austin, Diane Berman, Susan Carle, Wally Carmichael, Deborah Connor, Dan Dunne, Karen Giannakoulias, Katherine Huffman, Madeleine Lamarre, Susan Mccampbell, Andie Moss, Mary Pinn, Susan Poole, Keith Reid, Jo Sterns, Melissa Turner, A.T. Wall

Research Reports & White Papers

Investigating Allegations of Staff Sexual Misconduct with Offenders is a 36-hour educational program that addresses the complex issues in investigations of staff on offender sexual abuse in correctional settings. It is primarily designed for investigators, prosecutors, human resource administrators, and high-level correctional administrators, but can be adapted for other audiences.

Before the lesson plans begin on page 31, you will find background information for the instructor. First you will find the proposed program agenda for the training, a list of topics and break times. This provides the instructor with a snapshot of the entire training; each module, topic and time …

No Longer The Right To Remain Silent: Cross-Examining Forensic Analyst Testimony, Casey Unwin

BYU Law Review

No abstract provided.