LoboVault Home
 

Thus 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 Constitution

LoboVault

Please use this identifier to cite or link to this item: http://hdl.handle.net/1928/2710

Thus 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 Constitution

Show simple item record

dc.contributor.author Villa, Ryan
dc.date.accessioned 2007-02-20T17:56:43Z
dc.date.available 2007-02-20T17:56:43Z
dc.date.issued 2005
dc.identifier.uri http://hdl.handle.net/1928/2710
dc.description 28 p. ; This student paper has been awarded 2004-2005 UNM Law School Thesis Honors. en
dc.description.abstract The 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.sponsorship University of New Mexico School of Law en
dc.format.extent 3811898 bytes
dc.format.mimetype application/pdf
dc.language.iso en_US en_US
dc.subject New Mexico Supreme Court en_US
dc.subject New Mexico State Constitution en_US
dc.subject State Supreme Courts en_US
dc.subject State Constitutions en_US
dc.subject Constitutional Rights en_US
dc.subject Rights of the Accused en_US
dc.subject Search and Seizure en_US
dc.subject Right to Counsel en_US
dc.subject Right to Confrontation en_US
dc.subject Self Incrimination en_US
dc.title Thus 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 Constitution en_US
dc.type Other en_US


Files in this item

Files Size Format View
VillaRyan.pdf 3.635Mb PDF View/Open

This item appears in the following Collection(s)

Show simple item record

UNM Libraries

Search LoboVault


Advanced Search

Browse

My Account