Journal of Criminal Law and Criminology articles from June 2003

Journal of Criminal Law and Criminology archives from June 2003

Foreword: addressing the real world of racial injustice in the criminal justice system.
June 22, 2003... Reading Supreme Court decisions in criminal cases often feels like falling down the rabbit hole: (1) a bizarre adventure where nothing is what the Court says it is and circular reasoning passes for analysis. In the Court's Fourth Amendment...

Facilitating fairness: the judge's role in the Sixth Amendment right to effective counsel.(Case Note)
June 22, 2003... Mickens v. Taylor, 535 U.S. 162 (2002) I. INTRODUCTION Walter Mickens was convicted in a Virginia court of the premeditated murder of Timothy Hall associated with the commission of attempted forcible sodomy. (1) A jury sentenced him to...

Increasing the accountability of state actors in prison systems - a necessary enterprise in guaranteeing the Eighth Amendment rights of prison inmates.(Case Note)
June 22, 2003... Hope v. Pelzer, 536 U.S. 730 (2002) I. INTRODUCTION In 1996, Larry Hope, an Alabama prison inmate, was handcuffed to the restraining bar known as a "hitching post" in Alabama's prison system. (1) Not only was Hope left shirtless in...

The Supreme Court's latest avoidance of providing constitutional protection to sentencing factors.(Case Note)
June 22, 2003... Harris v. United States, 536 U.S. 545 (2002) I. INTRODUCTION In Harris v. United States, (1) the United States Supreme Court addressed the constitutionality of 18 U.S.C. [section] 924(c)(1)(A)(ii), a federal drug and firearm statute...

For mice or men or children? Will the expansion of the Eighth Amendment in Atkins v. Virginia force the Supreme Court to re-examine the minimum age for the death penalty?(Case Note)
June 22, 2003... Atkins v. Virginia, 536 U.S. 304 (2002) I. INTRODUCTION In May 2003, the United States Supreme Court removed mentally retarded criminals from eligibility for the death penalty during sentencing proceedings. Basing its decision upon the...

Unequal justice: the Supreme Court's failure to curtail selective prosecution for the death penalty.(Case Note)
June 22, 2003... United States v. Bass, 536 U.S. 862 (2002) I. INTRODUCTION In United States v. Bass, (1) the Supreme Court, in a per curiam opinion, ruled on the standard of proof required for a defendant to obtain discovery to support a claim of...

Investigatory stops and the Fourth Amendment.(Case Note)
June 22, 2003... United States v. Arvizu, 534 U.S. 266 (2002) I. INTRODUCTION In United States v. Arvizu, (1) the Supreme Court held that the Fourth Amendment does not prohibit investigatory stops as long as the facts and circumstances lead to a...

The need for bright-line warnings during consensual bus searches.
June 22, 2003... United States v. Drayton, 536 U.S. 194 (2002) I. INTRODUCTION In United States v. Drayton, the Supreme Court reviewed the methods that the Tallahassee Police Department used during a routine consensual search of passengers aboard a...

Criminal law and criminology: a survey of recent books.(Bibliography)
June 22, 2003... DEFENSES CYNTHIA LEE, MURDER AND THE REASONABLE MAN: PASSION AND FEAR IN THE CRIMINAL COURTROOM (New York, New York University Press, 2003) 371pp. Reasonableness is an important element of two established defenses to a charge of...