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Interrogation And The Roberts Court, Jonathan Witmer-Rich 2019 Cleveland State University

Interrogation And The Roberts Court, Jonathan Witmer-Rich

Jonathan Witmer-Rich

Through 2010, the Roberts Court decided five cases involving the rules for police interrogation under the Fifth and Sixth Amendments: Kansas v. Ventris; Montejo v. Louisiana; Florida v. Powell; Maryland v. Shatzer; and Berghuis v. Thompkins. This Article argues that these decisions show the Roberts Court reshaping constitutional interrogation rules according to a new (as-yet unarticulated) principle: “fair play” in interrogations. The Warren Court believed that suspects in police interrogation were vulnerable to inherent compelling pressures; the Court correspondingly created procedural interrogation rules under the Fifth and Sixth Amendments (Miranda and Massiah) to protect suspects. The Roberts Court does not ...


Unconstitutionally Redefining Murder: Ca Legislature Takes A Significant Overstep With S.B. 1437, Alex Rifkind 2019 Golden Gate University School of Law

Unconstitutionally Redefining Murder: Ca Legislature Takes A Significant Overstep With S.B. 1437, Alex Rifkind

GGU Law Review Blog

Senate Bill 1437 (“S.B. 1437”), effective January 1, 2019, substantially changed the law relating to accomplice liability under the felony murder rule (the “FMR”) and the doctrine of natural and probable consequences. State prosecutors have challenged S.B. 1437 as an unconstitutional amendment of Propositions 7 and 115, and as a violation of the separation of powers. Polarized rulings from the state’s trial courts suggest a dispositive California Supreme Court decision is forthcoming to address the divide. Social policy considerations weigh heavily on the controversial issues engendered by this bill and will likely influence adjudication of the ...


Unusual Deference, William W. Berry III 2019 University of Florida Levin College of Law

Unusual Deference, William W. Berry Iii

Florida Law Review

Three Eighth Amendment decisions—Harmelin v. Michigan, Pulley v. Harris, and McCleskey v. Kemp—have had enduring, and ultimately, cruel and unusual consequences on the administration of criminal justice in the United States. What links these cases is the same fundamental analytical misstep—the decision to ignore core constitutional principles and instead defer to state punishment practices. The confusion arises from the text of the Eighth Amendment where the Supreme Court has read the “cruel and unusual” punishment proscription to rest in part on majoritarian practices. This is a classical analytical mistake—while the Amendment might prohibit rare punishments, it ...


Convictions Based On Character: An Empirical Test Of Other-Acts Evidence, Michael D. Cicchini, Lawrence T. White 2019 University of Florida Levin College of Law

Convictions Based On Character: An Empirical Test Of Other-Acts Evidence, Michael D. Cicchini, Lawrence T. White

Florida Law Review

Despite the time-honored judicial principle that “we try cases, rather than persons,” courts routinely allow prosecutors to use defendants’ prior, unrelated bad acts at trial. Courts acknowledge that jurors could improperly use this other acts evidence as proof of the defendant’s bad character. However, courts theorize that if the other acts are also relevant for a permissible purpose—such as proving the defendant’s identity as the perpetrator of the charged crime—then a cautionary instruction will cure the problem, and any prejudice is “presumed erased from the jury’s mind.” We put this judicial assumption to an empirical ...


Redefining “Particularly Serious Crimes” In Refugee Law, Mary Holper 2019 University of Florida Levin College of Law

Redefining “Particularly Serious Crimes” In Refugee Law, Mary Holper

Florida Law Review

Refugees are not protected from deportation if they have been convicted of a “particularly serious crime” (PSC) which renders them a danger to the community. This raises questions about the meaning of “particularly serious” and “danger to the community.” The Board of Immigration Appeals, Attorney General, and Congress have interpreted PSC quite broadly, leaving many refugees vulnerable to deportation without any consideration of the risk of persecution in their cases. This trend is disturbing as a matter of refugee law, but it is even more disturbing because it demonstrates how certain criminal law trends have played out in immigration law ...


Catholic Social Thought And Criminal Justice Reform, R. Michael Cassidy 2019 Boston College Law School

Catholic Social Thought And Criminal Justice Reform, R. Michael Cassidy

R. Michael Cassidy

Professor Cassidy examines the criminal justice reform movement in the United States through the lens of Catholic social thought. In particular, he focuses on God’s gift of redemption and the Gospels’ directives that we love one another and show mercy toward the poor, the oppressed and the imprisoned. Cassidy then examines the implications of these fundamental Catholic teachings for the modern debate about the death penalty, sentencing reform, prisoner reentry and parole.


Reappraising The Legality Of Post-Trial Interviews, Fredric I. Lederer 2019 William & Mary Law School

Reappraising The Legality Of Post-Trial Interviews, Fredric I. Lederer

Fredric I. Lederer

No abstract provided.


Replacing The Exclusionary Rule With Administrative Rulemaking, Francis A. Gilligan, Fredric I. Lederer 2019 William & Mary Law School

Replacing The Exclusionary Rule With Administrative Rulemaking, Francis A. Gilligan, Fredric I. Lederer

Fredric I. Lederer

No abstract provided.


Rights Warnings In The Armed Services, Fredric I. Lederer 2019 William & Mary Law School

Rights Warnings In The Armed Services, Fredric I. Lederer

Fredric I. Lederer

No abstract provided.


The Law Of Confessions - The Voluntariness Doctrine, Fredric I. Lederer 2019 William & Mary Law School

The Law Of Confessions - The Voluntariness Doctrine, Fredric I. Lederer

Fredric I. Lederer

No abstract provided.


Handcuffing The Vote: Diluting Minority Voting Power Through Prison Gerrymandering And Felon Disenfranchisement, Rebecca Harrison Stevens, Meagan Taylor Harding, Joaquin Gonzalez, Emily Eby 2019 Texas Civil Rights Project

Handcuffing The Vote: Diluting Minority Voting Power Through Prison Gerrymandering And Felon Disenfranchisement, Rebecca Harrison Stevens, Meagan Taylor Harding, Joaquin Gonzalez, Emily Eby

The Scholar: St. Mary's Law Review on Race and Social Justice

For the purposes of legislative redistricting, Texas counts prison populations at the address of the prison in which they are incarcerated at the time of the census, rather than their home prior to incarceration—regardless of whether the prisoners themselves maintain a residence in their home communities and intend to return home after incarceration. This deprives those home communities of full representation in the redistricting process. Combined with Texas’s felon disenfranchisement laws, this also results in arbitrarily bolstering the representational power of some Texans on the backs of other Texans who themselves are unable to vote. All of this ...


Book Review, Roberto Rosas 2019 St. Mary's University School of Law

Book Review, Roberto Rosas

St. Mary's Law Journal

Abstract forthcoming


Newson V. State, 135 Nev. Adv. Op. 50 (Oct. 10, 2019), Richard Young 2019 University of Nevada, Las Vegas -- William S. Boyd School of Law

Newson V. State, 135 Nev. Adv. Op. 50 (Oct. 10, 2019), Richard Young

Nevada Supreme Court Summaries

The Court determined although the district court has broad discretion to settle jury instructions, the failure to instruct the jury on a defendant’s theory of a case that is supported by any evidence warrants reversal unless the error was harmless.


Texas, The Death Penalty, And Intellectual Disability, Megan Green 2019 St. Mary's University School of Law

Texas, The Death Penalty, And Intellectual Disability, Megan Green

St. Mary's Law Journal

Abstract forthcoming


Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Why Do We Admit Criminal Confessions Into Evidence?, David Crump 2019 Seattle University School of Law

Why Do We Admit Criminal Confessions Into Evidence?, David Crump

Seattle University Law Review

There is an enormous literature about the admissibility of criminal confessions. But almost all of it deals with issues related to self-incrimination or, to a lesser extent, with hearsay or accuracy concerns. As a result, the question whether we ever admit criminal confessions into evidence has not been the subject of much analysis. This gap is odd, since confessions are implicitly disfavored by a proportion of the literature and they often collide with exclusionary doctrines. Furthermore, the self-incrimination issue sometimes is resolved by balancing, and it would help if we knew what we were balancing. Therefore, one might ask: Why ...


The Injustice Of The Death Penalty, Neal Devins, Roy Brasfield Herron 2019 William & Mary Law School

The Injustice Of The Death Penalty, Neal Devins, Roy Brasfield Herron

Neal E. Devins

No abstract provided.


Prisoners' Rights, Timothy Zick 2019 William & Mary Law School

Prisoners' Rights, Timothy Zick

Timothy Zick

No abstract provided.


Introductory Remarks: Criminal Law Panel, Cynthia V. Ward 2019 William & Mary Law School

Introductory Remarks: Criminal Law Panel, Cynthia V. Ward

Cynthia V. Ward

No abstract provided.


Punishing Children In The Criminal Law, Cynthia V. Ward 2019 William & Mary Law School

Punishing Children In The Criminal Law, Cynthia V. Ward

Cynthia V. Ward

No abstract provided.


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