American Criminal Law Review articles from January 2001

American Criminal Law Review archives from January 2001

The case for the contingent exclusionary rule.(exclusion of evidence)
January 1, 2001... I. INTRODUCTION Few debates in American law are as sustained, or as bitter, as the debate over the exclusionary rule. Critics have attacked the exclusion of unconstitutionally obtained evidence for compromising the pursuit of truth in...

Judges are not economists and other reasons to be skeptical of contingent suppression orders: a response to Professor Dripps.(response to article by Donald Dripps in this issue, p. 1)
January 1, 2001... The paper by Professor Donald Dripps is in the finest tradition of legal scholarship. Scholars and courts have been arguing for more than a century about whether and how to suppress evidence seized in violation of the constitutional limits on...

Mr. Carroll's mental state or what is meant by intent.
January 1, 2001... I. INTRODUCTION What does it mean to have a mental state? How is a mental state "had?" Perhaps mental state "simply remains the title for the philosophical difficulty."(1) On August 27, 1999, two men fired 24 bullets at a police...

Rule of law and the limits of sovereignty: the private prison in jurisprudential perspective.
January 1, 2001... I. INTRODUCTION The evolution of the contemporary criminal justice system can be described in terms of two distinct shifts in the relationship between state and society and in the role of law in mediating that relationship. The more...

Don't let sleeping lawyers lie: raising the standard for effective assistance of counsel.
January 1, 2001... Judge Nelson testified that Tirelli "slept every day of the trial. How many times during the day I didn't keep track, but he was asleep at times every day of the trial." Judge Nelson recalled that on one occasion... he halted the trial, took...

Ten reasonable men.(proposal to change the rule of unanimity in jury decisions to a one-way 10 to 2 rule, with less than 10 resulting in acquittal)
January 1, 2001... I. INTRODUCTION A little over five percent of criminal trial juries in the United States are unable to reach unanimous verdicts.(1) This statistic is widely recognized and has received considerable attention both in academia and in the...