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Journal of Criminal Law and Criminology

This journal publishes articles in the field of criminal law and criminology, focusing on legal doctrine.

Articles from Vol. 86, No. 4, Summer

Death or Declaration?
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...
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Double Jeopardy and the United States Sentencing Guidelines
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...
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Eighth Amendment - the Constitutionality of the Alabama Capital Sentencing Scheme
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...
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Expanding Exclusionary Rule Exceptions and Contracting Fourth Amendment Protection
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...
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Foreword: Statutory Interpretation and the Federalization of Criminal Law
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....
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Fourth Amendment - Must Police Knock and Announce Themselves before Kicking in the Door of a House?
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...
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Innocence as Mere Gatekeeper
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...
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Level of Scienter Required for Child Pornography Distributors: The Supreme Court's Interpretation of "Knowingly" in 18 U.S.C. 2252
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...
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Random, Suspicionless Drug Testing of High School Athletes
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...
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Reversing the Tide under the Commerce Clause
I. INTRODUCTION America'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...
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The Supreme Court's Bipolar Approach to the Interpretation of 18 U.S.C. 1503 and 18 U.S.C. 2232 (C)
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...
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Waiver of the Plea-Statement Rules
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...
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