American Criminal Law Review articles from March 1997

American Criminal Law Review archives from March 1997

Prosecutorial discretion and selective prosecution: enforcing protection after United States v. Armstrong.
March 22, 1997... I think the greatest and most frequent injustice occurs at the discretion end of the scale, where rules and principles provide little or no guidance, where emotions of deciding officers may affect what they do, where political or other...

Westec story: gated communities and the Fourth Amendment.
March 22, 1997... I. Introduction [F]ortified developments are... proliferating. Their gates range from elaborate two-story guardhouses manned 24-hours a day to roll-back wrought iron gates to simple electronic arms. Guardhouses are usually built with one...

Auctioning justice: legal and market mechanisms for allocating criminal appellate counsel.
March 22, 1997... I. Introduction Scarcity is a central fact of the human condition(1) and the starting point for economic analysis.(2) Legal services, like other goods, are affected by scarcity. The time of lawyers, judges, and court personnel is not...

"Could have," "would have": what the Supreme Court should have decided in Whren v. United States.
March 22, 1997... I. Introduction After the Supreme Court decision in Whren v. United States,(1) I cannot drive my car without feeling paranoid that a police officer will single me out for a legitimate stop based upon his unsupported hunch that I might...

A "second look" at crack cocaine sentencing policies: one more try for federal equal protection.
March 22, 1997... I. Introduction On any given day, nearly one third of all black men aged twenty to twenty-nine are under the supervision of the criminal justice system -- in prison or jail, on probation, or on parole.(2) This represents an increase of...

Justice Scalia and the Confrontation Clause: a case study in originalist adjudication of individual rights.
March 22, 1997... I. Introduction Broadly speaking, there are two competing schools of constitutional interpretation: originalism and nonoriginalism.(1) Much of the debate between these theories centers on the adjudication of individual liberties under...

Cleaning up the chicken coop of sentencing uniformity: guiding the discretion of federal prosecutors through the use of the Model Rules of Professional Conduct.
March 22, 1997... Among his other endeavors, the public prosecutor strives to maintain an upright stance in the stained halls of criminal justice. He correctly senses that the people demand more of him than diligent, workmanlike performance of his public...