The concepts embodied in criminal procedure influence the way a case is handled from the moment criminal behavior is suspected by police until a defendant has fulfilled the requirements of his or her sentence. While the U.S. Constitution identifies some inalienable rights of a criminal, such as the right to remain silent and the right to counsel, states may freely grant rights that are unique. It is expected that courts and legislatures continue to clarify and debate issues of expanded discovery as more cases and statutes become available.
Links to related online resources are listed below. Non-digitized publications may
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The modern Supreme Court no longer sees the Exclusionary Rule as anchored by the Fourth Amendment itself. The Court now envisions the rule in strictly instrumental terms and not in remedial terms the way the Framers thought about remedies for rights violations.
This preliminary study attempted to assess how appraisals of the strength of eyewitness evidence affect plea bargaining decisions by prosecutors and defense attorneys.
In 2009, the Supreme Court issued its decision in Arizona v. Gant, in which it significantly limited the search incident to arrest exception in the automobile search context. This article discusses why the Court’s decision in Gant lacks real-world, practical effect, and how the Court can close the loophole in its Gant holding.
The Supreme Court‟s decision in Herring v. United States resurrected the debate over the future of the exclusionary rule in American criminal procedure. This Article will look at the changing perception of the rule as illustrated by Justices Roberts and Ginsburg‟s contrasting views.
In this paper the authors attempt an overview of what an “innocentric” system would look like, and what changes would be required to reform our current practices to come as close to such a system as possible.
Criminal section from Examining the Work of State Courts: An Analysis of 2009 State Court Caseloads.
Criminal section from State Court Guide to Statistical Reporting.
This report was prepared under a February 2009 agreement between the National Center for State Courts and the Bernalillo County for a study of felony case processing in the Second Judicial District Court of New Mexico.
Presentation from the Twenty-fifth Anniversary of the National Court Technology Conference. Overview of the history and process of NICS.
Government Relations describes the impact, position, and summary on the issue of Limitations on Federal Review of State Criminal Convictions in Congress.
The purpose of this research is to evaluate the impact of the PLRA and the AEDPA. The goal was to determine the extent to which AEDPA and the PLRA have affected the number of habeas corpus petitions and prisoner lawsuits filed, respectively.
Lower courts recently have divided on whether the good faith exception to the Fourth Amendment exclusionary rule applies to reliance on overturned case law. This Article argues that the Supreme Court should reject the good faith exception in this setting.
The United States Attorney`s Office, Western District of Virginia, provides an explanation of approval process of an indictment and the nature of an indictment.
This document is an actual indictment from the United States Attorney`s Office, Northern District District of Illinois, and an example of the form and language in a typical indictment. This particular indictment alleges various violations of federal law, including a violation of the Convention on International Trade in Endangered Species of Flora and Fauna, also known as CITES.
In contrast with the common assumption in the plea bargaining literature, the authors show that fairness related concerns systematically impact defendants’ preferences and judgments.
This study describes the legal issues that surround pretrial diversion by surveying appellate cases from across the country.