Part of the Criminal Procedure Commons
Pregnancy During Incarceration: A “Serious” Medical Need, Rahgan Jensen BYU Law Review
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Juvenile Miranda Waivers: A Reasonable Alternative to the Totality of the Circumstances Approach, Jean Pierce BYU Law Review
Getting Brady Right: Why Extending Brady v. Maryland’s Trial Right to Plea Negotiations Better Protects a Defendant’s Constitutional Rights in the Modern Legal Era, James M. Grossman BYU Law Review
Disentangling Flight Risk from Dangerousness, Lauryn P. Gouldin BYU Law Review
Jury Nullification as a Tool to Balance the Demands of Law and Justice, Aaron McKnight BYU Law Review
Implicit Balancing in the Adjudication of Criminal Law, Aaron Arnson BYU Law Review
United States v. Ruiz-Gaxiola: When Criminal Defendants Say No to Drugs, Adam Dayton BYU Law Review
Making Appearances Matter: Recusal and the Appearance of Bias, Dmitry Bam BYU Law Review
Construing the Outer Limits of Sentencing Authority: A Proposed Bright-Line Rule for Noncapital Proportionality Review, Kevin White BYU Law Review
Sidestepping Deference: How United States v. Ressam Encourages Overly Stringent Review of Sentencing Decisions, Joseph Leavitt BYU Law Review
Modifying the Restrictions on Sentence Modification: United States v. Cobb, Jackie Bosshardt BYU Law Review
New Jersey v. T.L.O.: School Searches and the Applicability of the Exclusionary Rule in Juvenile Delinquency and Criminal Proceedings, Bryan Stoddard Brigham Young University Education and Law Journal
But What if the Court Reporter Is Lying? The Right to Confront Hidden Declarants Found in Transcripts of Former Testimony, Peter Nicolas BYU Law Review
Private Relationships and Public Problems: Applying Principles of Relational Contract Theory to Domestic Violence, Tamara L. Kuennen BYU Law Review
A Fool for a Client: Competency Standards in Pro Se Cases , Reed Willis BYU Law Review
No Longer the Right to Remain Silent: Cross-examining Forensic Analyst Testimony, Casey Unwin BYU Law Review
Close Enough for Government Work: The Committee Rulemaking Game, Paul Stancil Faculty Scholarship
The Stigma of Conviction: Coram Nobis, Civil Disabilities, and the Right to Clear One's Name, David Wolitz BYU Law Review
Gonzales-Lopez and Its Bright-Line Rule: Result of Broad Judicial Philosophy or Context-Specific Principles?, Jacob D. Briggs BYU Law Review
Who Gets Counted? Jury List Representativeness for Hispanics in Areas with Growing Hispanic Populations Under Duren v. Missouri, Stephen E. Reil BYU Law Review
Fixing the Constable's Blunder: Can One Trial Judge in One County in One State Nudge a Nation Beyond the Exclusionary Rule?, H. Mitchell Caldwell BYU Law Review
Recognizing Victims in the Federal Rules of Criminal Procedure: Proposed Amendments in Light of the Crime Victims' Rights Act, Paul G. Cassell BYU Law Review
Reconsidering Absolute Prosecutorial Immunity, Margaret Z. Johns BYU Law Review
Holding Virtual Child Pornography Creators Liable By Judicial Redress: An Alternative Approach to Overcoming the Obstacles Presented in Ashcroft v. Free Speech Coalition, Daniel W. Bower Brigham Young University Journal of Public Law
Which Crime Is It? The Role of Proportionality in Recidivist Sentencing After Ewing v. California, Richard H. Andrus Brigham Young University Journal of Public Law
Recognizing All Critical Stages in Criminal Proceedings: The Violation of the Sixth Amendment by Utah in Not Allowing Defendants the Right to Counsel at Parole Hearings, Amanda N. Montague Brigham Young University Journal of Public Law
One Small Step for Women: Female-Friendly Provisions in the Rome Statute of the International Criminal Court, Rana Lehr-Lehnardt Brigham Young University Journal of Public Law
The (So-called) Liability of Criminal Defense Attorneys: A System in Need of Reform, Meredith J. Duncan BYU Law Review
Plea Bargaining and Convicting the Innocent: the Role of the Prosecutor, the Defense Cousel, and the Judge, F. Andrew Hessick III Brigham Young University Journal of Public Law
Who Makes the Call? Sentencing the Firearm User Under 18 U.S.C. § 924(c) inunited States v. Alborola-Rodriguez, David J. Williams BYU Law Review
United States v. Singleton and the Witness Gratuity Statute: What is the Best Approach for the Criminal Justice System?, Melissa W. Rawlinson Brigham Young University Journal of Public Law
Undoing Miranda, Michael Edmund O'Neill BYU Law Review
The Independent Counsel Statute: A Premature Demise, Julian A. Cook III BYU Law Review
The Inevitable Discovery Doctrine Today: The Demands of the Fourth Amendment, Nix, and Murray, and the Disagreement Among the Federal Circuits, Troy E. Golden Brigham Young University Journal of Public Law
On Multiculturalism, Concepts of Crime, and the "De Minimis" Defense, Stanislaw Pomorski BYU Law Review
Putting the Halper Genie Back in the Bottle: Examining United States u. Ursery in Light of Halper, Austin, and Kurth Ranch, Sarah Jean Watterson BYU Law Review
Visions of Habeas, David McCord BYU Law Review
United States v. Halper: Making Double Jeopardy Available in Civil Actions, Nelson T. Abbott Brigham Young University Journal of Public Law
The Congressional Subpeona: Power, Limitations and Witness Protection, Christopher F. Corr, Gregory J. Spak Brigham Young University Journal of Public Law
Pretrial Drug Testing: An Essential Step in Bail Reform, John A. Carver Brigham Young University Journal of Public Law
Pretrial Drug Testing?An Essential Component of the National Drug Control Strategy, Reggie B. Walton, Gary J. Peters, J. Anthony Towns Brigham Young University Journal of Public Law
Pretrial Drug Testing: Is It Vulnerable to Due Process Challenges?, Peter H. Meyers Brigham Young University Journal of Public Law
Survey of Current and prior Pretrial Drug Testing Sites, Cynthia Durrant Jensen Brigham Young University Journal of Public Law
Consenting to Searches After Being Arrested: Pretrial Drug Testing , David R. Nielson Brigham Young University Journal of Public Law
The Constitutional Admissibility of Confessions Induced by Appeals to Religious Belief, Richard E. Durfee Jr. Brigham Young University Journal of Public Law
The Federal Prisoner Collateral Attack: Requiescat in Pace, Josephine R. Potuto BYU Law Review
The Charging Decision: At Play in the Prosecutor's Nursery, David Schwendiman Brigham Young University Journal of Public Law
Justice or Mercy?–A Personal Note on Defending the Guilty, Frederick Mark Gedicks Faculty Scholarship
Jury Instructions for Civil and Criminal RICO Cases Approved by: RICO Cases Committee, Criminal Justice Section of the American Bar Association, BYU Law Review
Ake v. Oklahoma: The New "Fundamental Error" Exception to Wainwright v, Sykes, Thayne G. Lowe BYU Law Review
A Comparative Look at the Reporter's Privilege in Criminal Cases: United States, Federal Republic of Germany, and Switzerland, Jeff V. Nelson BYU Law Review
Testing the Limits of the Bankruptcy Court's Exclusive Jurisdiction in Fraud Cases: Discharge vs. Criminal Restitution, Blake Atkin BYU Law Review
Convicting or Confining? Alternative Directions in Insanity Law Reform: Guilty But Mentally Ill Versus New Rules for Release of Insanity Acquittees, Donald H. Hermann BYU Law Review
Fourth Amendment Search and Seizure Requirements as Applied to Sniffing Investigations by Police Dogs: People v. Mayberry, Steven M. Bradford BYU Law Review
The Impact of Expanded Rules for Determining what Constitutes the "Same Offense" for Double Jeopardy Purposes: Illinois v. Vitale , David G. Harlow BYU Law Review
Application of the "Exculpatory No" Defense to Prosecutions Under 18 U.S.C. $ 1001: United States v. Fitzgibbon, James M. Dester BYU Law Review
The Fuller Court and State Criminal Process Threshold of Modern Limitations on Government, William F. Duker BYU Law Review
Stubborn and Rebellious Children: Liability of Public Officials for Detention of Children in Jails, Mark Soler, Michael J. Dale, Kathleen Flake BYU Law Review
Criminal Appellate Procedure-Conflict of Laws- State Right to Appeal in a Criminal Case Removed to Federal Court-Arizona v. Manypenny, 608 F.2d 1197 (9th Cir. 1979)., BYU Law Review
Constitutional Law-Criminal Law-Pretrial Detainees May Be Subjected to Conditions of Confinement Reasonably Related to Legitimate Government Objectives-Bell v. Wolfish, 99 S. Ct. 1861 (1979)., BYU Law Review
The Exclusionary Rule in Parole Revocation Hearings : Deterring Official Infringement of Parolees' Fourth Amendment Rights, Billy Glenn Dupree Jr. BYU Law Review
The Influence of Jury Deliberation on Juror Perception of Trial, Credibility, and Damage Awards, S. Femi Sonaike BYU Law Review
Criminal Procedure-Double Jeopardy-Government's Right to Appeal a Midtrial Dismissal- United States v. Scott, BYU Law Review
Pleading the Statute of Limitations in Criminal Cases, George R. Nock BYU Law Review
Constitutional Law-Criminal Procedure-Criminal Contempt-The Right to Trial by Jury - Muniz v. Hoffman, Lon D. Packard BYU Law Review
Criminal Procedure --Discovery--Pretrial Discovery Deposition in Utah Criminal Proceedings--State v. Nielsen, BYU Law Review
An Assessment of Videotape in the Criminal Courts, Ernest H. Short, B. Thomas Florence, Mary Alice Marsh BYU Law Review
Criminal Procedure--Parole Revocation Hearings Hearings--Requiring the Reasonable Doubt Standard of Proof and the Application of Double Jeopardy Principles--Standlee v. Smith, BYU Law Review
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