Guilt: Henry Friendly Meets the MaHaRaL of Prague

So while the overnight deliberation rule is at least partially bound up with the question of reliability and relates to the judicial process itself, the broader and more fundamental issue raised by this law is whether we should free the guilty to preserve a value that we deem necessary to proper working of the criminal justice process, regardless of the culpability of individual defendants. To this Judge Friendly\u27s answer is generally no, 113 and the MaHaRaL\u27s is yes

Periodical Index

Subject Index of Articles, Comments, Notes, and Recent Developments Appearing in Leading Law Review

Periodical Index

Subject Index of Articles, Comments, Notes, and Recent Developments Appearing in Leading Law Review

Fourth Amendment Accommodations: (UN)Compelling Public Needs, Balancing Acts, and the Fiction of Consent

The problems of public housing-including crime, drugs, and gun violence- have received an enormous amount of national attention. Much attention has also focused on warrantless searches and consent searches as solutions to these problems. This Note addresses the constitutionality of these proposals and asserts that if the Supreme Court\u27s current Fourth Amendment jurisprudence is taken to its logical extremes, warrantless searches in public housing can be found constitutional. The author argues, however, that such an interpretation fails to strike the proper balance between public need and privacy in the public housing context. The Note concludes by proposing alternative consent-based regimes that would pass constitutional muster