STLR Forum

/Criminal Law
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Plead Guilty, Lose Your Rights?

By: Jamie Mathis, J.D. Candidate, May 2019, St. Thomas University School of Law.

If a criminal defendant pleads guilty, can he challenge the constitutionality of the statute he is convicted under?  Does a defendant waive his right to this challenge after he pleads guilty?  Does that right have to be explicitly preserved in his plea agreement?  These […]

April 16th, 2018|Blog, Cases, Criminal Law, Supreme Court|0 Comments

Death with Dignity Act: Oregon’s Merciful Law

By: Jennifer Garcia, Articles Editor, J.D. Candidate, May 2019, St. Thomas University School of Law.

Whether terminally ill patients have a right to end their life, and thereby their pain and suffering, has been debated for ages.  In the United States, the practice of physician-assisted death is prohibited in most states by either an express statute or application […]

April 9th, 2018|Blog, Criminal Law, Governments, Human Rights|0 Comments

Time Is Most Definitely Up

By: Jacqueline Rosado, Articles Editor, J.D. Candidate, May 2018, St. Thomas University School of Law.

Less than a year ago, on October 5, 2017, a scandal was revealed big enough to make waves not only on a national, but global scale. There is no better way than to identify the “monster” behind this scandal as Harvey Weinstein, […]

Second Amendment? Or Second Guessing?

By: Victor Gabuardi, Articles Editor, J.D. Candidate, May 2018, St. Thomas University School of Law.

The Second Amendment guarantees that a “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”  This constitutional protection has caused extreme outrage in America […]

Should Brain Science Be Admissible In Court?

By: Heather Carnegie, Comments Editor, J.D. Candidate, May 2018, St. Thomas University School of Law.

There is currently an ongoing debate on whether brain scans and images should be admissible in the courtroom. Some people argue that using brain science violates a person’s constitutional right to privacy and question how boundaries can be drawn, while others argue […]

April 3rd, 2018|Blog, Cases, Criminal Law|0 Comments

Drones v. Fourth Amendment: Who Prevails?

By: Yamila Lorenzo, Articles Editor, J.D. Candidate, May 2018, St. Thomas University School of Law.

The touchstone analysis of the Fourth Amendment is whether an individual has a reasonable expectation of privacy. The home is the most private place in one’s life and the curtilage of the home is also considered part of the home itself for […]

April 2nd, 2018|Blog, Cases, Criminal Law, Fourth Amendment|0 Comments

Law Enforcement Agencies Continued Use of the Handheld-Doppler Radar Device Results in a Complete Erosion of the Castle Doctrine’s Objectives

By: Jessica Vega, Senior Articles Editor, J.D. Candidate, May 2018, St. Thomas University School of Law.

“At least 50 U.S. law enforcement agencies quietly deployed radars that let them effectively see inside homes, with little notice to the courts or the public [of when or how the agencies would […]

March 16th, 2018|Blog, Cases, Criminal Law, Fourth Amendment|0 Comments

A Right Without a Remedy: Time Runs Out Before the Right to File Accrues for Successive Habeas Corpus Petitioners

By: Agnieszka Chiapperini, Articles Solicitation Editor, J.D. Candidate, May 2018, St. Thomas University School of Law.

Abstract

In June of 2015, the Supreme Court struck down a portion of a federal statute as unconstitutional. For the next ten months, District Courts all over the country came to inconsistent conclusions regarding the new decision’s retroactive application.  As a […]

March 14th, 2018|Abstracts, Cases, Criminal Law, Human Rights, Issues|0 Comments

Black & Poor: The Grave Consequences of Utah v. Strieff

By: Chanae Wood, J.D. Candidate, May 2018, St. Thomas University School of Law.

Abstract

The Supreme Court’s decision in Utah v. Strieff proves to chip away at Fourth Amendment rights, yet again. In Strieff, the Unites States Supreme Court ruled that an arrest warrant is an attenuating circumstance that will purge an illegal stop. This ruling incentivizes […]

Pulling the Plug Before the State Flips the Switch: When Can a Lawyer Ignore his Client’s Wishes in an Effort to Escape the Death Penalty

By: Agnieszka Chiapperini, Articles Solicitation Editor, J.D. Candidate, May 2018, St. Thomas University School of Law.

Attorneys and clients, whether in civil or criminal cases, need to have aligned objectives about the outcome of the case for the relationship to be successful.  Case and trial strategies, on the other hand, are mostly left in the control of […]

February 15th, 2018|Blog, Cases, Criminal Law, Supreme Court|0 Comments