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dc.contributor.authorVilla, Ryan
dc.date.accessioned2007-02-20T17:56:43Z
dc.date.available2007-02-20T17:56:43Z
dc.date.issued2005
dc.identifier.urihttp://hdl.handle.net/1928/2710
dc.description28 p. ; This student paper has been awarded 2004-2005 UNM Law School Thesis Honors.en
dc.description.abstractThe New Mexico Supreme Court has at once been both proactive and conservative in expanding the rights of the accused under the State Constitution. In the field of search and seizure, the Court has been extremely active in heeding Justice Brennan's call to the states to expand liberties under state constitutions. Interestingly, at the same time, the court has failed to expand other rights of the accused with few exceptions. This paper seeks to explore some of the reasons why this dichotomy has occurred and offers a few strategies to argue for expansion in three other areas. These include the privilege against self-incrimination, the right to counsel, and the right to confrontation. Part I will discuss the Court's expansion in the area of search and seizure. Concomitant to the Court's expansion in this field, has been the development of the procedure for arguing for expansion, including the proper method for raising and preserving a state constitutional claim. Part II will overview the Court's current positions on a few selected subcategories of each of the three categories mentioned above. Finally, Part III will explore possible arguments and strategies for persuading the Court to expand these rights and depart from its propensity to be in lock step with federal precedent.en_US
dc.description.sponsorshipUniversity of New Mexico School of Lawen
dc.format.extent3811898 bytes
dc.format.mimetypeapplication/pdf
dc.language.isoen_USen_US
dc.subjectNew Mexico Supreme Courten_US
dc.subjectNew Mexico State Constitutionen_US
dc.subjectState Supreme Courtsen_US
dc.subjectState Constitutionsen_US
dc.subjectConstitutional Rightsen_US
dc.subjectRights of the Accuseden_US
dc.subjectSearch and Seizureen_US
dc.subjectRight to Counselen_US
dc.subjectRight to Confrontationen_US
dc.subjectSelf Incriminationen_US
dc.titleThus Far and No Further: The New Mexico Supreme Court's Failure to Expand the Rights of the Criminally Accused Beyond Search and Seizure Under the State Constitutionen_US
dc.typeOtheren_US


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