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Constitutionally Incapable: Parole Boards as Sentencing Courts

Dec 1, 2019 | Article, Criminal Procedure, Mae C. Quinn

By Mae C. Quinn Abstract Courtroom sentencing, as part of the judicial process, is a long-standing norm in the justice system of the United States. But this basic criminal law precept is currently under quiet attack. This is because some states are now allowing parole...

The Exclusionary Rule as a Symbol of the Rule of Law

Dec 1, 2014 | Article, Criminal Procedure, Evidence, Fourth Amendment, Jenia I Turner

By Jenia I. Turner Abstract Throughout South America, Southern and Eastern Europe, and East Asia, more than two dozen countries have transitioned to democracy since the 1980s. A remarkable number of these have adopted an exclusionary rule (mandating that evidence...

Untangling Double Jeopardy in Mixed-Verdict Cases

Sep 1, 2010 | Article, Criminal Procedure, Lissa Griffin

By Lissa Griffin Abstract Double Jeopardy Clause of the Fifth Amendment commands that “[n]o person shall . . . be subject for the same offence to be twice put in jeopardy of life or limb.” It is the oldest edict in the Bill of Rights. Double jeopardy...

Double Jeopardy – Supreme Court Denies Relevance of Hung Counts to Collateral Estoppel, Expands Double Jeopardy Clause to Apply within a Single Proceeding

Mar 1, 2010 | Case Note, Criminal Procedure, Jessica Greenwood

By Jessica Greenwood Abstract In Yeager v. United States, the U.S. Supreme Court expounded upon the collateral estoppel component of the Double Jeopardy Clause recognized as inherent to the Fifth Amendment in Ashe v. Swenson. In particular, the Court resolved a...

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