St. Thomas Law Review

Covers articles submitted by faculty and members of the bench and bar nationwide.

Articles from Vol. 22, No. 1, Fall

Big Bill Haywood's Revenge: The Original Intent of the Exclusionary Rule
I. Introduction A. Hudson v. Michigan B. Herring v. United States II. The World Before Weeks A. As to Defendants B. As to Evidence III. Weeks IV. In the Wake of Weeks: The Original Understanding of Original Intent A....
Blakely, Apprendi, Booker, Begay, and Santos: Judicial Minimalism and the U.S. Supreme Court's Ill-Conceived Attempts at a Rational Jurisprudence
I. Introduction A. Yolanda Blakely and Her Son, Ralphy II. Judicial Minimalism and Its Incorrect Application A. Booker and the Supreme Court's Attempted Fix B. Larry Begay and His Twelve Previous D.U.I. Convictions ...
Death Is Different: The Need for Jury Unanimity in Death Penalty Cases
I. Introduction II. Unlike All Other States, Florida Allows a Simple Majority of the Jury to Find the Prosecution Proved an Aggravating Circumstance III. Capital Sentencing Schemes Across the Nation Require Jury Unanimity Before a Defendant...
Foreword: Criminal Law Issue
It is my pleasure to write the foreword to this inaugural criminal law issue. The issue consists of four timely and incisive articles that underscore the importance of the procedural and fair trial guarantees embodied, respectively, in the Fourth and...
The Banality of Excessive Defender Workload: Managing the Systemic Obstruction of Justice
I. Introduction II. The Importance of Defender Excessive Workload and Its Societal Context A. Excessive Caseload as a Reflection of Broader Societal, Systematic Failure and Complicity B. The Criminal Justice System C. Consequences...
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