Category Archives: Criminal Law

Adam M. Hapner, You Have the Right to Remain Silent, But Anything You Don’t Say May Be Used Against You: The Admissibility of Silence as Evidence After Salinas v. Texas

In Salinas v. Texas, the United States Supreme Court held that a suspect’s refusal to answer an officer’s questions during a noncustodial, pre-Miranda, criminal interrogation is admissible at trial as substantive evidence of guilt. In a plurality decision, Justice Samuel … Continue reading

Posted in Constitutional Law, Criminal Law | Comments Off

Marc B. Hernandez, Guilt Without Mens Rea: How Florida’s Elimination of Mens Rea for Drug Possession is Constitutional

The Florida Comprehensive Drug Abuse Prevention and Control Act is almost unique among criminal drug statutes in the United States. Like all states, Florida prohibits the possession, sale, and delivery of certain controlled substances. However, a recent revision of the … Continue reading

Posted in Constitutional Law, Criminal Law | Comments Off

Michael Polatsek, Extortion Through the Public Record: Has the Internet Made Florida’s Sunshine Law Too Bright?

In recent years, privately owned websites around the country have begun to gather arrest records directly from law enforcement websites and republish them on their own sites. Often, the images are displayed without regard to the ultimate disposition of the … Continue reading

Posted in Criminal Law, Internet Law | Comments Off

Anne R. Traum, Using Outcomes to Reframe Guilty Plea Adjudication

The Supreme Court’s 2012 decisions in Lafler v. Cooper and Missouri v. Frye lay the groundwork for a new approach to judicial oversight of guilty pleas that considers outcomes. These cases confirm that courts possess robust authority to protect defendants’ … Continue reading

Posted in Constitutional Law, Criminal Law, Judicial Systems | Comments Off

Kevin Barry , From Wolves, Lambs (Part I): The Eighth Amendment Case for Gradual Abolition of the Death Penalty

This spring, the Connecticut Supreme Court will take up a novel question, unprecedented in modern death penalty jurisprudence: Can a state gradually abolish its death penalty? Restated, can it leave the sentences of those currently on death row in place … Continue reading

Posted in Constitutional Law, Criminal Law | Comments Off

Miriam H. Baer, Confronting the Two Faces of Corporate Fraud

Some criminals engage in meticulous planning. Others commit crimes in the heat of the moment. Corporate fraud incorporates both planned and spur-of-the-moment misconduct. Although law and economics scholars have traditionally viewed corporate fraud as a manifestation of opportunism among the … Continue reading

Posted in Business & Corporate Law, Criminal Law | Comments Off