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 »

links:1 ugg bailey button hogan outlet gucci outlet borse gucci moncler 2013 scarpe hogan piumini moncler louis vuitton outlet moncler outlet ugg boots on sale louis vuitton italia borse louis vuitton discount uggs cheap nike free runs nike air max womens moncler outlet deutschland cheap authentic nfl jerseys northface uk nike free run womens nike uk store gucci homme nike deutschland kinder uggs doudoune moncler pas cher air max donna scarpe hogan uomo jordan femme pas cher cheap air max jordan basket basket nike pas cher aire max pas cher nike elite trainers air max 90 femme ugg greece nike free run 2 nike running sito ufficiale louis vuitton sac louis vuitton pas cher uggs sale nederland discount nfl jerseys nfl replica jerseys nike blazer femme nike golf shoes longchamp pas cher michael kors deutschland chaussures air jordan nike free pink moncler sale moncler jackets nike shox rivalry pas cher nike free run australia