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The Integrationist Alternative to the Insanity Defense: Reflections on the Exculpatory Scope of Mental Illness in the Wake of the Andrea Yates Trial
(American Journal of Criminal Law, 2003)
On June 20, 2001, Andrea Yates took the lives of her five children by drowning them, one by one, in a bathtub. At her trial on capital murder charges nine months later, she pleaded insanity. Despite very credible evidence ...
Mental Illness and Self-Representation: Faretta, Godinez and Edwards
(Ohio State Journal of Criminal Law, 2009)
In the recent decision of Indiana v. Edwards the Supreme Court held that the right to represent oneself may be denied to defendants who are competent to stand trial if they "still suffer from severe mental illness to the ...
A Prevention Model of Juvenile Justice: The Promise of Kansas v. Hendricks for Children
(Wisconsin Law Review, 1999)
The traditional juvenile court, focused on rehabilitation and "childsaving," was premised primarily on a parens patriae notion of State power. " Because of juveniles' immaturity and greater treatability, this theory posited, ...
Terms of Endearment and Articles of Impeachment
(Florida Law Review, 1999)
It is a long-established principle that presidential impeachment is an appropriate remedy only for "high Crimes and Misdemeanors" of a public nature (with the possible exception of private crimes so heinous that the President ...
Cause to Believe What? The Importance of Defining a Search's Object--Or, How the ABA Would Analyze the NSA Metadata Surveillance Program
(Oklahoma Law Review, 2014)
Courts and scholars have devoted considerable attention to the definition of probable cause and reasonable suspicion. Since the demise of the “mere evidence rule” in the 1960s, however, they have rarely examined how these ...
Community Control Over Camera Surveillance: A Response to Bennett Capers's "Crime, Surveillance, and Communities"
(Fordham Urban Law Journal, 2013)
Professor Capers's article helps stimulate thinking about the way in which community views and individual rights interact. In my view, where police propose to conduct surveillance of groups, as occurs with camera surveillance ...
Empirical Desert and Preventive Justice: A Comment
(New Criminal Law Review, 2014)
This essay is a response to an article by Paul Robinson, Joshua Barton, and Matthew Lister in this issue of New Criminal Law Review that criticizes an article I authored with Lauren Brinkley-Rubinstein entitled Putting ...
Peeping Techno-Toms and the Fourth Amendment: Seeing Through Kyllo's Rules Governing Technological Surveillance
(Minnesota Law Review, 2002)
This article suggests that the Supreme Court's decision in Kyllo v. United States may not be as protective of the home as it first appears. Kyllo held that use of a thermal imager to detect heat sources inside the home is ...
Subpoenas and Privacy
(DePaul Law Review, 2005)
This symposium article, the first of two on regulation of government's efforts to obtain paper and digital records of our activities, analyzes the constitutional legitimacy of subpoenas. Whether issued by a grand jury or ...
Mental Disorder as an Exemption from the Death Penalty: The ABA-IRR Task Force Recommendations
(Catholic University Law Review, 2005)
The Task Force on Mental Disability and the Death Penalty (Task Force) established by the Individual Rights and Responsibilities Section of the American Bar Association (ABA-IRR) has proposed that the ABA adopt three ...