Journal of Criminal Law and Criminology articles from March 2005

Journal of Criminal Law and Criminology archives from March 2005

Foreword: beyond Blakely and Booker: pondering modern sentencing process.
March 22, 2005... The Supreme Court's landmark decision in Blakely v. Washington (1) and its federal follow-up United States v. Booker (2) are formally about the meaning and reach of the Sixth Amendment's right to a jury trial. But these decisions implicate and...

Hamdi v. Rumsfeld: judicious balancing at the intersection of the executive's power to detain and the citizen-detainee's right to due process.
March 22, 2005... Hamdi v. Rumsfeld, 124 S. Ct. 2633 (2004). I. INTRODUCTION In Hamdi v. Rumsfeld, (1) the United States Supreme Court held that a citizen detained by the Government as an enemy combatant is entitled under due process to a meaningful...

A walk in the constitutional orchard: distinguishing fruits of Fifth Amendment right to counsel from Sixth Amendment right to counsel in Fellers v. United States.
March 22, 2005... I. INTRODUCTION After a grand jury indicted John Fellers for conspiracy to distribute methamphetamine, two officers visited him at his home on February 24, 2000, to make an arrest. (1) The officers deliberately elicited statements in...

Everything old is new again: Justice Scalia's activist originalism in Schriro v. Summerlin.
March 22, 2005... Schriro v. Summerlin, 124 S. Ct. 2519 (2004). I. INTRODUCTION In Schriro v. Summerlin, (1) the Supreme Court held by a five-to-four margin that the rules announced in Ring v. Arizona (2) and Apprendi v. New Jersey (3) will not apply...

All or nothing: the Supreme Court answers the question "what's in a name?".
March 22, 2005... Hiibel v. Sixth Judicial District Court of Nevada, Humboldt County, 124 S. Ct. 2451 (2004) I. INTRODUCTION In Hiibel v. Sixth Judicial District Court of Nevada, Humboldt County, the United States Supreme Court affirmed the...

Illinois v. Lidster: continuing to carve out constitutional vehicle checkpoints.
March 22, 2005... I. INTRODUCTION In Illinois v. Lidster, (1) the Supreme Court held that the Fourth Amendment does not prohibit motorist checkpoints carried out with the purpose of requesting information from vehicle occupants about a previously-committed...

Yarborough v. Alvarado: at the crossroads of the "unreasonable application" provision of the Antiterrorism and effective Death Penalty Act of 1996 and the consideration of juvenile status in custodial determinations.
March 22, 2005... Yarborough v. Alvarado, 124 S. Ct. 2140 (2004) I. INTRODUCTION In Yarborough v. Alvarado, (1) the Supreme Court reversed the decision of the Ninth Circuit, finding that the California Court of Appeals had not unreasonably failed to...

Dretke v. Haley and the still unknown limits of the actual innocence exception.
March 22, 2005... Dretke v. Haley, 124 S. Ct. 1847 (2004) I. INTRODUCTION Can a petitioner assert actual innocence in a federal habeas petition where he has been sentenced under an entirely inapplicable habitual offender statute, has served considerably...

Missouri v. Seibert: two-stepping towards the apocalypse.
March 22, 2005... Missouri v. Seibert, 124 S. Ct. 2601 (2004) I. INTRODUCTION In Missouri v. Seibert, the Supreme Court ruled that a police officer's use of the "question first" (a.k.a. "two-step") interrogation technique rendered the warnings required...

More than zero: accounting for error in latent fingerprint identification.
March 22, 2005... LOUISE: I never would have guessed that he was selling fake insurance. CANEWELL: That's what the whole idea was... he didn't want you to guess it. If you could have guessed, then he couldn't have sold nobody no insurance. --August...

The cruikshank redemption: the enduring rationale for excluding the Second Amendment from the courts's modern incorporation doctrine.
March 22, 2005... I. INTRODUCTION Prior to 2001, any ostensible controversy (1) over the interpretation of the Second Amendment was largely confined to law review articles and hortatory pronouncements by public officials. The Second Amendment reads, "A...

Electronic recording of custodial interrogations: everybody wins.
March 22, 2005... According to Alan Harris, a veteran prosecutor in Minnesota, it was "the best thing we've ever had rammed down our throats." (1) He was referring to a practice that the Minnesota Supreme Court imposed on the state's police officers more than a...

A tribute to Bard R. Ferrall.(Journal of Criminal Law and Criminology journalist, Northwestern University School of Law professor)(Obituary)
March 22, 2005... NOTE FROM THE EDITORS The Journal of Criminal Law and Criminology dedicates this issue to Bard R. Ferrall, who passed away on February 22, 2005. Since his first contribution to Issue 88-3, published in 1998, Bard wrote the Recent Books...

Criminal law and criminology: a survey of recent books.
March 22, 2005... ECONOMIC CRIME HANS SJOGREN & GORAN SKOGH EDS., NEW PERSPECTIVES ON ECONOMIC CRIME (Northhampton, MA: Edward Elgar 2004) 168pp Economic crime (defined as crime committed to gain profit within an otherwise legal business) is growing in...