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Criminal Law & Procedure

Florida v. Jardines and Florida v. Harris - Post-Argument SCOTUScast

SCOTUScast 11-6-12 featuring Elina Treyger
Elina Treyger November 02, 2012

Elina TreygerOn October 31, 2012, the Supreme Court heard oral argument in Florida v. Jardines and Florida v. Harris.  Both cases involve police dogs that are trained to detect illegal narcotics.  Florida v. Jardines considers whether taking such a dog to smell the exterior of a house where police suspect marijuana is being grown constitutes a search under Fourth Amendment requiring probable cause.  The question in Florida v. Harris is whether a narcotics detection dog’s “alert” constitutes probable cause for the search of a private vehicle.

To discuss the case, we have Elina Treyger, who is an assistant professor at George Mason University School of Law.

[Listen now!]

“Eight Ways to Sunday”: Which Direction, Kentucky Supreme Court?

John K. Bush, Paul E. Salamanca March 25, 2007

Attempted synthesis of the rulings of Kentucky’s highest court threatens to go the proverbial “eight ways to Sunday.” For one thing, although Kentucky is not very populous and its Supreme Court sharply limits discretionary review, still literally thousands of opinions have been rendered by the Court and its predecessor, the Kentucky Court of Appeals, which prior to 1975 was the only appellate court in the Commonwealth. Also, great diversity of judicial philosophy among the Court’s members has resulted in sometimes warring opinions that make divergent points resembling the scattershot of a Kentucky dove hunter.

A Bill of Rights for Crime Victims

Criminal Law & Procedure Practice Group Newsletter - Volume 1, Issue 1, Fall 1996
Paul G. Cassell, Steven J. Twist May 21, 2009
While our Bill of Rights enumerates extensive rights for criminal defendants, it contains not a single word on behalf of crime victims. This imbalance is in no small part responsible for the myopic preoccupation that our courts have with the rights of those charged with crimes, without any consideration of the interests of those victimized.

A Comprehensive Strategy Targeting Recidivist Criminals with Continuous Real-Time GPS Monitoring: Is Reverse Engineering Crime Control Possible?

Engage Volume 12, Issue 3, November 2011
Peter M. Thomson November 28, 2011

A Comprehensive Strategy Targeting Recidivist Criminals with Continuous Real-Time GPS Monitoring: Is Reverse Engineering Crime Control Possible?This article examines whether it might be possible to craft a comprehensive strategy designed to dramatically reduce crime by using advances in GPS technology to effectively eliminate the recidivist criminal’s ability to relapse into prior criminal conduct. Such a long-term strategic approach would implicate a number of constitutional and legal issues. However, if the legal hurdles can be overcome, such an innovative crime-reduction strategy might well be successful, particularly if it could integrate a number of other time-tested crime reduction strategies that criminal justice advocates have successfully employed. These strategies would support long-term, active GPS monitoring, and would include: crime scene correlation, active supervision, and community-oriented behavioral modification techniques such as restorative justice, a powerful program requiring criminals to interact with their victims and immediate social communities. [Read now!]

A Federalist Society Symposium on the National Security Agency’s Bulk Data Seizures and FISA Surveillance Programs

Engage Volume 14, Issue 2 July 2013
October 22, 2013

A Federalist Society Symposium on the National Security Agency’s Bulk Data Seizures and FISA Surveillance Programs We are pleased to bring you this special Engage Symposium on the National Security Agency’s bulk data seizures and Foreign Intelligence Surveillance Act programs. This Symposium features diverging points of view on the issues involved from top scholars and experts in the field, including Randy E. Barnett & Jim Harper, Steven G. Bradbury, Jeremy Rabkin, Stewart A. Baker, Nathan A. Sales, Jameel Jaffer & Laura W. Murphy, Robert F. Turner, & Grover Joseph Rees...[Read Now!]