Quasi-Affirmative Rights in Constitutional Criminal Procedure

Databases, Doctrine, and Constitutional Criminal Procedure

Over the past twenty years there has been an explosion in the creation, availability, and use of criminal justice databases. Large scale database systems now routinely influence law enforcement decisions ranging from formal determinations to arrest or convict an individual to informal judgments to subject a person to secondary pre-flight screening or investigate possible gang membership. Eviden...

Constitutional Criminal Procedure, by Donald A. Dripps (praeger Publishers, 2003)

Do Constitutional Rights Matter?∗

The critique of constitutions as mere parchment barriers is as old as the practice of writing them down. Yet states put a good deal of energy into drafting constitutions and some, inevitably, do so with the intention of abiding by their provisions. The purpose of the following article is to explore this possibility. I develop a theory of constitutional enforcement and test it using data spannin...

Privacy rights in mental health counseling: Constitutional confusion and the voicelessness of third parties in criminal cases.

The past 20 years of criminal law and practice have produced much heat but little light on the issue of when, if ever, the accused in a criminal case can legitimately seek disclosure of a victim's privileged files that exist exclusively in the custody of a private third party. In many jurisdictions, forced disclosure is routine, and victims must choose between justice and privacy, resulting in ...

Models of Juvenile Procedure in modern Iran's criminal law

Studying and exploring the patterns governing each subject leads to a systematic categorization of that subject and a better explanation of the developments of that subject in the course of history. Responses to the delinquency of children and adolescents in response to the delicate and vulnerable attitude of these people has undergone various developments and has seen various policy-makings by...