Vol. 84 No. 4, January 1994
- Foreword: the criminal law and the luck of the draw.
- First Amendment - penalty enhancement for hate crimes: content regulation, questionable state interests and non-traditional sentencing.
- Fourth Amendment - the plain touch exception to the warrant requirement.
- Eighth Amendment - the excessive fines clause.
- Eighth Amendment - sentencer discretion in capital sentencing schemes.
- Eighth Amendment - capital sentencing instructions.
- Fourteenth Amendment - the standard of mental competency to waive constitutional rights versus the competency standard to stand trial.
- Habeas corpus - limited review for actual innocence.
- Habeas corpus - retroactivity of post-conviction rulings: finality at the expense of justice.
- Exemption 7(D) of the Freedom of Information Act - the evidentiary showing the government must make to establish that a source is confidential.
- Plain error rule - clarifying plain error analysis under rule 52(b) of the Federal Rules of Criminal Procedure.
- The fugitive dismissal rule applied to pre-appeal fugitivity.
- Brecht v. Abrahamson: harmful error in habeas corpus law.
- Expertise and the Daubert decision.