Tag: Criminal Procedure

Could Specialized Criminal Courts Help Contain the Crises of Overcriminalization and Overincarceration?

Allegra M. McLeod

The Explosion of Specialized Criminal Courts: An Introduction

With aspirations of reducing reliance on incarceration, specialized criminal courts proliferated widely over the past two decades. There are approximately 3,000 specialized criminal courts in the United States, including drug courts, mental health courts, veterans courts, and reentry courts. These courts arose… Read More »

Who Will Watch the Watchmen?: Citizens Recording Police Conduct

Michael Potere

“Get off the motorcycle!  Get off the motorcycle!  Get off the motorcycle!  State Police . . . put your hands up!” off-duty Maryland State Trooper J.D. Uhler yelled as he jumped out of his car, pulled out his gun, and ran towards motorcyclist Anthony Graber.  Trooper Uhler exited his personal vehicle wearing street clothes… Read More »

Fortuity and Forensic Familial Identification

Natalie Ram

On July 7, 2010, Los Angeles police arrested a suspect in the Grim Sleeper murders, so-called because of a decade-long series of break-in killings. The critical lead in the case: a genetic profile in the state’s DNA database that was similar, but not identical, to the killer’s DNA. The partial… Read More »

Prosecuting Immigration

Ingrid V. Eagly - UCLA Law School

The criminal prosecution of immigration—principally for illegal entry and reentry, alien smuggling, and document fraud—has reached an all-time high.  Not since Prohibition has a single category of crime been prosecuted in such record numbers by the federal government.  Immigration, which now constitutes over half of the federal criminal workload, has… Read More »

Applying the Fourth Amendment to the Internet: A General Approach

Orin Kerr

This Article proposes a general approach to applying the Fourth Amendment to the Internet. It assumes that courts will try to apply the Fourth Amendment to the Internet so that the Fourth Amendment has the same basic function online that it has offline. The Article reaches two major conclusions. First,… Read More »

The Substance of False Confessions

Brandon Garrett -University of Virginia School of Law

The scholarship of interrogations has taken a turn from procedure to substance. The Supreme Court’s landmark criminal procedure rulings regulating modern psychological interrogations remain static, inviting lingering decades-long debates over whether the Court correctly decided decisions such as Miranda. Meanwhile, psychologists increasingly study not the legal regulation of interrogations, but… Read More »

The New Silver Platter: How Today’s Police Are Serving up Potentially Tainted Evidence Without Even Revealing the Search that Produced It to Defendants or to Courts

Micah Block

Imagine the following scenario: A police officer is investigating a major drug trafficking ring. She obtains a wiretap on the cell phone of the suspected kingpin of the organization. The wiretap enables her to overhear conversations between the top target of the wiretap and several other people in the drug… Read More »

Fourth Amendment Remedial Equilibration: A Look at Herring v. United States and Pearson v. Callahan

David Owens

The Fourth Amendment protects the “right of the people to be secure . . . against unreasonable searches and seizures . . . .” But, this amendment has long been steeped in controversy, especially when it comes to determining how to enforce it—by exclusionary rule requiring suppression of unlawfully-obtained evidence, civil… Read More »

Breaking the Law to Enforce It: Undercover Police Participation in Crime

Elizabeth E. Joh - UC Davis School of Law

Covert policing necessarily involves deception, which in turn often leads to participation in activity that appears to be criminal. In undercover operations, the police have introduced drugs into prison, undertaken assignments from Latin American drug cartels to launder money, established fencing businesses that paid cash for stolen goods and for… Read More »

Promoting Civil Rights Through Proactive Policing Reform

Rachel Harmon - University of Virginia School of Law

Preventing police misconduct often requires changing the department in which it arises, but police departments have proved largely resistant to legal efforts to reform them. A promising federal law, 42 U.S.C. § 14141, permits the Justice Department to sue police departments that are engaged in a “pattern or practice” of… Read More »

moncler coats ugg kensington ugg italia ugg kengät the north face portugal canada goose online ugg boots canada cheap ugg boots uk replica uggs new uggs 2013 imitation ugg cheapest ugg boots goyard handbags barneys goyard wallet men goyard handbags barneys goyard prices where can i buy insanity workout insanity workout for cheap discount insanity workout goyard tote singapore borsa celine air max portugal nike air max 90 nike shox rivalry pas cher air max bw femme air max enfant pas cher fendi sunglasses 2014 buy fendi online nike free run 2 pas cher παπουτσια nike air max baratas nike air max 90 tilbud fendi store nike blazer pas cher nike id france fendi outlet online nike free tilbud coach christmas sale gucci christmas sale louis vuitton xmas lv christmas sale michael kors christmas sets christmas nike shoes prada christmas christmas ugg boots uggs christmas ornament uggs for christmas discounted uggs botas ugg no brasil botas ugg baratas online celine borse air max schweiz nike shox femme nike schoenen nike air max bw pas cher fendi 2014 fendi shop fendi outlet online nike greece zapatillas nike baratas zapatillas nike air max fendi online store nike blazer femme nike store portugal fendi handbags outlet nike danmark buy michael kors michael kors factory outlet michael kors watches nordstrom canada goose jacket outlet canadian goose outlet buy michael kors michael kors factory outlet michael kors watches nordstrom buy michael kors michael kors factory outlet michael kors watches nordstrom canada goose jacket outlet canadian goose outlet canadian goose outlet moncler outlet moncler outlet lv belts men louis vuitton belts for men nike shox nz louis vuitton singapore website cheap nike free runs nike free on sale discount nike shox cheap nike shox