American Criminal Law Review articles from June 2003

American Criminal Law Review archives from June 2003

Contradiction, coherence, and guided discretion in the Supreme Court's capital sentencing jurisprudence.
June 22, 2003... I. INTRODUCTION In 1994, Justice Harry Blackmun retired from the United States Supreme Court. In one of his last opinions as a justice, he expressed his frustration and dismay with the Court's capital sentencing jurisprudence,...

Defining racial profiling in a post-September 11 world.
June 22, 2003... INTRODUCTION In the immediate aftermath of the September 11, 2001 terrorist attacks on the World Trade Center and the Pentagon, there was an apparent shift in the debate about racial profiling. After years of condemning the practice of...

Foreign nationals in the United States witness security program: a remedy for every wrong?
June 22, 2003... I. INTRODUCTION John Harold Mena was a Colombian drug dealer who helped organize the assassination of a journalist in New York City. (1) He was arrested by federal authorities in 1992, and he bargained a life sentence down to eighteen...

Watch what you type: as the FBI records your keystrokes, the Fourth Amendment develops carpal tunnel syndrome.(Case Note)
June 22, 2003... INTRODUCTION The headline of a recent issue of The Onion, a weekly satirical newspaper, reads "Bill of Rights Pared Down to A Manageable Six," (1) and explains how President George W. Bush and Attorney General John Ashcroft have...

Are the courts in a trance? Approaches to the admissibility of hypnotically enhanced witness testimony in light of empirical evidence.
June 22, 2003... I. INTRODUCTION Hypnosis has been used for over one hundred fifty years to enhance the memories of witnesses to legally relevant situations such as crimes and events leading to injury or property damage. (1) At its best, hypnosis leads to...

Life on the line: pondering the fate of a substantive due process challenge to the death penalty.
June 22, 2003... I. INTRODUCTION II. LAYING THE GROUNDWORK: THE BASIC PRINCIPLES OF SUBSTANTIVE DUE PROCESS ANALYSIS III. FINDING A FUNDAMENTAL RIGHT TO LIFE A. A Textual Argument B. Borrowing the Modern Substantive Due Process...