Journal of Criminal Law and Criminology back issues from June 1996:
Foreword: statutory interpretation and the federalization of criminal law.(Supreme Court Review)
Jun 22, 1996; ... A wiser course than judicial legislation, I submit, is simply to adopt a literal, reasonable construction of the text that Congress drafted.(1) One of the striking features of the criminal law is the accelerating "federalization" of prosecutions. The federal code has over 3,000 ...
Expanding exclusionary rule exceptions and contracting Fourth Amendment protection.(Supreme Court Review)(Case Note)
Jun 22, 1996; ...I. INTRODUCTION In Arizona v. Evans,(1) the United States Supreme Court held that the exclusionary rule does not apply where an unlawful search is the result of a clerical error by a court employee.(2) The Court reasoned that the exclusionary rule did not fulfill its ...
Fourth Amendment - must police knock and announce themselves before kicking in the door of a house?(Supreme Court Review)
Jun 22, 1996; ...I. INTRODUCTION In Wilson v. Arkansas,(1) the United States Supreme Court addressed the question of whether an unannounced entry by police armed with a search warrant violates the Fourth Amendment.(2) This question had been left unanswered for over thirty years since the ...
Random, suspicionless drug testing of high school athletes.(Supreme Court Review)(Case Note)
Jun 22, 1996; ...I. INTRODUCTION In Vernonia Sch. Dist. 47J v. Acton,(1) the United States Supreme Court addressed whether a school district could impose random and suspicionless urinalysis drug testing on high school student athletes. The Court held that such testing did not violate ...
Innocence as mere gatekeeper.(Supreme Court Review)(Case Note)
Jun 22, 1996; ...I. INTRODUCTION In Schlup v. Delo,(1) the United States Supreme Court addressed Lloyd E. Schlup, Jr.'s petition for the federal writ of habeas corpus. Schlup, an inmate on Missouri's deathrow, presented new evidence indicating that he was actually innocent of the crime for ...
Level of scienter required for child pornography distributors: the Supreme Court's interpretation of "knowingly" in 18 U.S.C. 2252.(Supreme Court Review)
Jun 22, 1996; ...I. INTRODUCTION In United States v. X-Citement Video, Inc.,(1) the United States Supreme Court held that [sections] 2252,(2) a statute criminalizing the distribution of child pornography, required the government to prove that a distributor had knowledge of the sexually ...
The Supreme Court's bipolar approach to the interpretation of 18 U.S.C. 1503 and 18 U.S.C. 2232 (c).(Supreme Court Review)(Case Note)
Jun 22, 1996; ...I. Introduction In United States v. Aguilar,(1) the United States Supreme Court ruled on questions regarding the limits of the Omnibus Clause of 18 U.S.C. [sections] 1503,(2) which prohibits a person from endeavoring to obstruct or impede the due administration of justice, ...
Eighth Amendment - the constitutionality of the Alabama capital sentencing scheme.(Supreme Court Review)(Case Note)
Jun 22, 1996; ...INTRODUCTION In Harns v. Alabama, the United States Supreme Court upheld the constitutionality of the Alabama capital sentencing scheme.(1) Chief among the provisions of the sentencing scheme is that the jury issues an advisory sentence which the sentencing judge must ...
Waiver of the plea-statement rules. (Supreme Court Review)(Case Note)
Jun 22, 1996; ...I. INTRODUCTION In United States v. Mezzanatto,(1)the United States Supreme Court held that a criminal defendant could waive his right to the plea-statement exclusionary provisions embodied in Federal Rule of Evidence 410(2) and Federal Rule of Criminal Procedure 11(e)(6)(3) ...
Death or declaration?(Supreme Court Review)(Case Note)
Jun 22, 1996; ...I. INTRODUCTION In Kyles v. Whitley, (1) the Supreme Court granted certiorari to determine whether police misconduct resulted in an innocent man's conviction and death sentence. Kyles claimed that, contrary to the findings of lower courts, the prosecution withheld evidence ...
Reversing the tide under the Commerce Clause.(Supreme Court Review)(Case Note)
Jun 22, 1996; ...I. INTRODUCTIONAmerica's children are at war and the school yard is the battlefield. During 1990 alone, nearly 4,200 teenagers were killed by guns.(1) Not including accidental deaths and suicides, it is expected that 120 American children under the age of eighteen years will ...
Double jeopardy and the United States sentencing guidelines.(Supreme Court Review)(Case Note)
Jun 22, 1996; ...I. INTRODUCTION In Witte v. United States,(1) the Supreme Court held that where the legislature has authorized a particular punishment range for a given crime, a sentence within that range constitutes punishment only for the convicted offense for purposes of the Double ...
The Martinsville Seven: Race, Rape, and Capital Punishment.
Jun 22, 1996; ... The execution of black men for allegedly raping white women is a defining characteristic of the history of race relations in the South. In the years between the Civil War and the early 1930s, these executions often took the form of extra-legal lynchings in which black men were burned, ...
Sentencing Matters.
Jun 22, 1996; ...I. INTRODUCTION The laws and legal institutions that govern sentencing have been changing more rapidly over the past two decades than any other part of the legal landscape of American criminal justice. Prior eras have seen analogous, but distinct, areas of ferment. In the ...