Category Archives: Criminal Procedure

Meghan J. Ryan, The Missing Jury: The Neglected Role of Juries in Eighth Amendment Punishments Clause Determinations

Posted on May 1, 2012 by mike814

A recent study of death penalty cases has revealed that judges, who are ordinarily thought of as the guardians of criminal defendants‘ constitutional rights, often impose harsher punishments than jurors. This may be unsettling in its own right, but it … Continue reading →

Posted in Constitutional Law, Criminal Procedure, Federal Courts | Comments Off

Jacy Owens, A Progressive Response: Judicial Delegation of Authority to Federal Probation Officers

Posted on May 1, 2012 by mike814

Federal probation officers supervise millions of offenders who must each comply with a multitude of probation conditions. These officers need enough flexibility to deal with the evolving needs of each offender, without having to clog the court system with repeated … Continue reading →

Posted in Criminal Procedure, Federal Courts, Governments and Legislation, Judicial Systems | Comments Off

William W. Berry III, Practicing Proportionality

Posted on May 1, 2012 by mike814

At the heart of the Eighth Amendment‘s Cruel and Unusual Punishments Clause are two concepts of proportionality—absolute and relative. Absolute proportionality (“cruel”) asks whether the sentence is commensurate with the state‘s purposes of punishment. Relative proportionality (?unusual?), by contrast, asks … Continue reading →

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Caycee Hampton, Confirmation of a Catch-22: Glik V. Cunniffe and the Paradox of Citizen Recording

Posted on January 10, 2012 by zhyman

63 Fla. L. Rev. 1549 (2011)| | | | On October 1, 2007, Simon Glik observed several police officers arresting a young man on the Boston Common. Concerned that the officers were employing excessive force, Glik began to record the … Continue reading →

Posted in Communications Law, Computer & Internet Law, Constitutional Law, Criminal Law, Criminal Procedure, Florida Constitutional Law, Fourth Amendment, Governments and Legislation | Comments Off

Kathryn A. Kimball, Losing our Soul: Judicial Discretion in Sentencing Child Pornography Offenders

Posted on January 10, 2012 by zhyman

63 Fla. L. Rev. 1515 (2011)| | | | Child pornography offenders capitalize on the vulnerability of children and find pleasure in their victims’ humiliation. In United States v. Irey, the defendant sadistically raped, sodomized, and tortured more than fifty … Continue reading →

Posted in Constitutional Law, Criminal Law, Criminal Procedure, Federal Courts, Governments and Legislation, Judicial Systems, Jurisprudence | Comments Off

Scott A. Moss, The Overhyped Path from Tinker to Morse: How the Student Speech Cases Show the Limits of Supreme Court Decisions-for The Law and for the Litigants

Posted on January 10, 2012 by zhyman

63 Fla. L. Rev. 1407 (2011)| | | | Each of the Supreme Court’s high school student speech cases reflected the social angst of its era. In 1965′s Tinker v. Des Moines Independent Community School District, three Iowa teens broke … Continue reading →

Posted in Constitutional Law, Criminal Law, Criminal Procedure, Education Law, Federal Courts, First Amendment, Uncategorized | Comments Off