Biography

Wesley M. Oliver is director of the criminal justice program, and professor of law at Duquesne University School of Law. His teaching and scholarship have examined numerous aspects of criminal law, criminal procedure, and evidence.

His multiple books and journal publications have addressed issues of search and seizure, interrogations, material witness detentions, wiretapping, plea bargaining, the doctrine of chances, approaches to defining terms in criminal statutes, and the history of policing. Most recently, he has focused on the light historical context can shed on the appropriate uses of constitutional criminal procedure decisions.

In 2018, Oliver published a book,The Prohibition Era and Policing: A Legacy of Misregulation (Vanderbilt Univ. Press 2018), that demonstrates how America's Noble Experiment played a pivotal role in creating many of the judicially created limits on modern police - and suggests that a system more responsive to concerns of police brutality and wrongful conviction would have been possible had state courts in the 1920s - and the United States Supreme Court in the 1960s - not been so bold in guarding against a distinctly Prohibition-Era concern, illegal searches and seizures.

Professor Oliver has presented his current work, an artificial intelligence device to assist police officers in determining whether they have adequate suspicion to search a car during a drug interdiction stop, at national and international conferences on the intersection of computer science and law. He is also working on a popular history of a small Mississippi locale that saw some of the worst civil rights abuses in American history. Kemper County, Mississippi, is best known to lawyers as the location of the infamous tortured interrogation at issue in the Supreme Court case, Brown v. Mississippi (1936) but was already known at that time as the locus of uniquely extreme racial violence, from the ouster of Native Americans that led to its founding, to an extraordinary number of lynchings that doubled any other Mississippi county, to two separate massacres of black citizens that grabbed national headlines. The story of this small county provides a vehicle for describing many aspects of America's sad history of race relations, from the Trail of Tears, to slavery, to reconstruction, Jim Crow, and the Civil Rights Era.

Oliver earned J.S.D. and LL.M. degrees from Yale University and J.D. and B.A. degrees from the University of Virginia. He is licensed to practice law in Tennessee. He began his legal career as a criminal defense lawyer in Nashville and is licensed to practice law in Tennessee.

Education

  • J.S.D, Yale Law School
  • LL.M., Yale Law School
  • J.D., University of Virginia
  • B.A., University of Virginia
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Profile Information

Criminal Procedure: The Police Function
Evidence

Criminal Law
Criminal Procedure: Bail to Jail

Criminal Procedure: The Police Function
Evidence

The Prohibition Era and Policing: a Legacy of Misregulation
Wesley M. Oliver, The Prohibition Era and Policing: A Legacy of Misregulation (Vanderbilt Univ. Press 2018). http://www.vanderbilt.edu/university-press/book/9780826521880

Pennsylvania Law Encyclopedia, Criminal Law (Volumes 17 & 18)
Wesley M. Oliver, Pennsylvania Law Encyclopedia, Volumes 17 & 18 (Criminal Law) (LexisNexis 2016)

Experiencing Criminal Law
Wesley M. Oliver and Gabriel J. Chin, Experiencing Criminal Law (West 2015).

Evidence: Common Law and Federal Rules of Evidence
Wesley M. Oliver, Paul Rice, Dale B. Durrer and Kirsha Weyandt Trychta, Evidence: Common Law and Federal Rules of Evidence (Seventh ed., Lexis Nexis 2015).

Tennessee Criminal Law: Cases and Materials
Douglas A. Blaze and Wesley M. Oliver. Tennessee Criminal Law: Cases and Materials (West 2011).

Book Review: Sarah Seo, Policing the Open Road: How Cars Transformed American Freedom
Wesley M. Oliver, Sarah Seo, Policing the Open Road: How Cars Transformed American Freedom, 70(4) U. Toronto L.J. 592-597 (Fall 2020).

Prohibition's Fourth Amendment Confessions Rule
Wesley M. Oliver, Prohibition's Fourth Amendment Confessions Rule, 17 Oh. St. J.Crim. L. 445 (2020).

Reducing Subjectivity and Bias in an Officer's Analysis of Suspicion in Drug Interdiction Stops
Wesley Oliver, Arthur Crivella and Morgan Gray, Reducing Subjectivity and Bias in an Officer's Analysis of Suspicion in Drug Interdiction Stops, in Proceedings of the Seventeenth International Conference on Artificial Intelligence and Law 254-255 (2019).

Coding Suspicion
Arthur Crivella, Wesley M. Oliver, and Morgan Gray, Coding Suspicion, 313 Legal Knowledge and Information Systems 190-194 (December 2018). http://ebooks.iospress.nl/volume/legal-knowledge-and-information-systems-jurix-2...

Prohibition's Anachronistic Exclusionary Rule
Wesley Oliver, Prohibition's Anachronistic Exclusionary Rule, 67 DePaul L.R. 473 (Spring 2018). [SSRN]

Bill Cosby, the Lustful Disposition Exception, and the Doctrine of Chances
Wesley M. Oliver, Bill Cosby, the Lustful Disposition Exception, and the Doctrine of Chances, 93 Wash. U.L. Rev. 1131 (2016). [SSRN]

Amnesty International Report on Police Use of Force
Wesley M. Oliver, Amnesty International Report on Police Use of Force, Jurist.org, July 2, 2015.
OP-EDS and ARTICLES

Choice of Counsel and the Appearance of Equal Justice Under Law
Wesley M. Oliver, Choice of Counsel and the Appearance of Equal Justice Under Law, 109(4) Nw. U.L.R. 1117-1130.

Standards of Legitimacy in Criminal Negotiations
Wesley M. Oliver with Rishi Batra, Standards of Legitimacy in Criminal Negotiations¸20 Harv. Negot. L. Rev. 61 (2015).

Prohibition, Stare Decisis, and the Lagging Ability of Science to Influence Criminal Procedure
Wesley M. Oliver, Prohibition, Stare Decisis, and the Lagging Ability of Science to Influence Criminal Procedure, 105 J. Crim. L. Criminology 101 (2015).

Charles Lindbergh, Caryl Chessman, and the Exception Proving the (Potentially Waning) Rule of Broad Prosecutorial Discretion
Wesley M. Oliver, Charles Lindbergh, Caryl Chessman, and the Exception Proving the (Potentially Waning) Rule of Broad Prosecutorial Discretion, 20 Berkeley J. Crim. L. 1 (2015). [SSRN]

Jerry Sandusky, George Zimmerman, and the Ethics of Counsel's Use of the Media
Wesley M. Oliver with Rebecca Silinski, Jerry Sandusky, George Zimmerman, and the Ethics of Counsel's Use of the Media67 Okla. L. Rev. 297 (2015).

Prohibition's Lingering Shadow: The Under-Regulation of Official Uses of Force
Wesley M. Oliver, Prohibition's Lingering Shadow: The Under-Regulation of Official Uses of Force, 80 Mo. L. Rev. 1037 (2015).

Choice of Counsel and the Appearance of Equal Justice Under Law
Wesley M. Oliver, Choice of Counsel and the Appearance of Equal Justice Under Law, 109 Nw. U.L. Rev. 1117 (2015).

Domestic Violence, Gun Possession, and the Importance of Context
Wesley M. Oliver, Domestic Violence, Gun Possession, and the Importance of Context, 90 Ind. L.J. Supplement 36 (2014).

Limiting Criminal Law's 'In for a Penny, In for a Pound' Doctrine
Wesley M. Oliver, Limiting Criminal Law's 'In for a Penny, In for a Pound' Doctrine, 103 Geo. L.J. Online 8 (2014). 

The Indirect Effects of Lafler and Frye
Wesley M. Oliver, The Indirect Effects of Lafler and Frye, 51 Duq. L. Rev. 633 (2013).

Chalk One Up for Reason and Logic at Sandusky Sentencing
Wesley M. Oliver, Chalk One Up for Reason and Logic at Sandusky Sentencing, NBCNews.com, October 9, 2012.
OP-EDS and ARTICLES

What to Expect at Jerry Sandusky's Sentencing
Wesley M. Oliver, What to Expect at Jerry Sandusky's Sentencing, NBCNews.com, October 8, 2012.
OP-EDS and ARTICLES

Ex-Penn State Officials' Perjury Case Renews Sandusky Case Questions
Wesley M. Oliver, Ex-Penn State Officials' Perjury Case Renews Sandusky Case Questions, NBCNews.com, August 15, 2012.
OP-EDS and ARTICLES

In Loughner Case, A Cost-Benefit Analysis to the Death Penalty
Wesley M. Oliver, In Loughner Case, A Cost-Benefit Analysis to the Death Penalty, NBCNews.com, August 6, 2012.
OP-EDS and ARTICLES

In Aurora Massacre, Trial May Not Shed Much Light on Motive
Wesley M. Oliver, In Aurora Massacre, Trial May Not Shed Much Light on Motive, NBCNews.com, July 24, 2012.
OP-EDS and ARTICLES

Paterno Could Have Been Indicted If He'd Lived
Wesley M. Oliver, Paterno Could Have Been Indicted If He'd Lived, NBCNews.com, July 12, 2012.
OP-EDS and ARTICLES

Number of Victims Persuaded Jury in 'He Said He Said' Case
Wesley M. Oliver, Number of Victims Persuaded Jury in 'He Said He Said' Case, msnbc.com, June 23, 2012.

Sandusky's Lawyer Jeopardized His Client's Interests
Wesley M. Oliver, Sandusky's Lawyer Jeopardized His Client's Interests, msnbc.com, June 22, 2012.

Sandusky's Lawyer Made Strong Comeback in Closing Argument
Wesley M. Oliver, Sandusky's Lawyer Made Strong Comeback in Closing Argument, msnbc.com, June 21, 2012.
OP-EDS and ARTICLES

Faltering Defense Hurt Jerry Sandusky
Wesley M. Oliver, Faltering Defense Hurt Jerry Sandusky, msnbc.com, June 20, 2012.
OP-EDS and ARTICLES. https://usnews.newsvine.com/_news/2012/06/20/12323592-analysis-faltering-defense...

Prosecution Presented Strong Case Against Jerry Sandusky
Wesley M. Oliver, Prosecution Presented Strong Case Against Jerry Sandusky, msnbc.com, June 14, 2012.
OP-EDS and ARTICLES

Sandusky Lawyer Flummoxed by Witness Memory Lapse
Wesley M. Oliver, Sandusky Lawyer Flummoxed by Witness Memory Lapse, msnbc.com, June 13, 2012.
OP-EDS and Articles

Sandusky Defense Fails to Dent McQueary's Damning Testimony
Wesley M. Oliver, Sandusky Defense Fails to Dent McQueary's Damning Testimony, msnbc.com, June 12, 2012.
OP-EDS and ARTICLES

Plea Deal a Long Shot in Sandusky Sex Abuse Case
Wesley M. Oliver, Plea Deal a Long Shot in Sandusky Sex Abuse Case, msnbc.com, June 9, 2012.
OP-EDS and ARTICLES

Western Union, the American Federation of Labor, Google, and the Changing Face of Corporate Privacy Advocates
Wesley M. Oliver, Western Union, the American Federation of Labor, Google, and the Changing Face of Corporate Privacy Advocates, 80 Miss. L.J. 971 (2012).

Toward a Common Law of Plea Bargaining
Wesley M. Oliver, Toward a Common Law of Plea Bargaining, 102 Ky. L.J. 1 (2012-2013). [SSRN]

America's First Wiretapping Controversy in Context and as Context
Wesley M. Oliver, America's First Wiretapping Controversy in Context and as Context, 34 Hamline L. Rev. 205 (2011).

The Modern History of Probable Cause
Wesley M. Oliver, The Modern History of Probable Cause, 78 Tenn. L. Rev. 377 (2011).

The Present and Future of Plea Bargaining: A Look at Missouri v. Frye and Lafler v. Cooper
Wesley M. Oliver, The Present and Future of Plea Bargaining: A Look at Missouri v. Frye and Lafler v. Cooper2011-2012 Cato Supreme Court Review 257.

Material Witness Detentions After Al-Kidd
Wesley M. Oliver, Material Witness Detentions After Al-Kidd, 100 Ky. L.J. 293 (2011-2012).

Ashcroft v. al-Kidd and Material Witness Detentions
Wesley M. Oliver, Ashcroft v. al-Kidd and Material Witness Detentions, Huffington Post, November 8, 2010.
OP-EDS and ARTICLES

The Neglected History of Criminal Procedure, 1850-1940
Wesley M. Oliver, The Neglected History of Criminal Procedure1850-1940, 62 Rutgers L. R. 447 (2010). https://ssrn.com/abstract=1463746

How Iowa Does It
Wesley M. Oliver, How Iowa Does It, (Harrisburg) Patriot News, December 30, 2008.
OP-EDS and ARTICLES

Portland, Prohibition, and Probable Cause: Maine's Role in Shaping Modern Criminal Procedure
Wesley M. Oliver, Portland, Prohibition, and Probable Cause: Maine's Role in Shaping Modern Criminal Procedure, 23 Me. B.J. 211 (Fall 2008). https://ssrn.com/abstract=1341349

Why I Was a Campaign Volunteer
Wesley M. Oliver, Why I Was a Campaign Volunteer, (Harrisburg) Patriot News, January 7, 2008.
OP-EDS and ARTICLES

Iowans Are Really Engaged in the Caucus Process
Wesley M. Oliver, Iowans Are Really Engaged in the Caucus Process, (Harrisburg) Patriot News, December 23, 2007.
OP-EDS and ARTICLES

Recordings Can Protect Those Secretly Taped
Wesley M. Oliver, Recordings Can Protect Those Secretly Taped, (Harrisburg) Patriot News, June 17, 2007.
OP-EDS and ARTICLES

Rulings Lose Sight of Innocent
Wesley M. Oliver, Rulings Lose Sight of Innocent, (Harrisburg) Patriot News, June 3, 2007. OP-EDS and ARTICLES

Dred Scott and the Political Question Doctrine
Wesley M. Oliver, Dred Scott and the Political Question Doctrine, 16 Widener L.J. 13 (2007).

Magistrates' Examinations, Police Interrogations, and Miranda-Like Rules in the Nineteenth Century
Wesley M. Oliver, Magistrates' Examinations, Police Interrogations, and Miranda-Like Rules in the Nineteenth Century, 81 Tulane L. R. 777 (2007). https://ssrn.com/abstract=979536

Toward a Better Balance of the Costs and Benefits of the Exclusionary Rule
Wesley M. Oliver, Toward a Better Balance of the Costs and Benefits of the Exclusionary Rule, 9 Buff. Crim. L. Rev. 201 (2005).

The Rise and Fall of Material Witness Detentions in Nineteenth Century New York
Wesley M. Oliver, The Rise and Fall of Material Witness Detentions in Nineteenth Century New York, 1 N.Y.U.J.L. Liberty 727 (2005). https://ssrn.com/abstract=1495202

A Round Peg in a Square Hole: Federal Forfeiture of State Professional Licenses
Wesley M. Oliver, A Round Peg in a Square Hole: Federal Forfeiture of State Professional Licenses, 28 Am. J. Crim. L. 179 (2001).

With an Evil Eye and an Unequal Hand: Pretextual Stops and Doctrinal Remedies to Racial Profiling
Wesley M. Oliver, With an Evil Eye and an Unequal Hand: Pretextual Stops and Doctrinal Remedies to Racial Profiling, 74 Tulane Law Review 1409 (2000).

Coding Burglary
Wesley Oliver, Coding Burglary, presentation at Southeastern Association of Law Schools Annual Conference, Boca Raton, FL (June 31, 2019).

Sarah Palin and Dual Sovereignty
Wesley Oliver, Sarah Palin and Dual Sovereignty, presentation at Southeastern Association of Law Schools Annual Conference, Boca Raton, FL (June 30, 2019).

New Scholar's Workshop
Wesley Oliver, Commentator on new scholar's paper at New Scholar's Workshop, Boca Raton, FL (June 29, 2019).

AI Devices in Law Enforcement
Wesley Oliver, AI Devices in Law Enforcement, CLE at Southeastern Association of Law Schools Annual Conference, Boca Raton, FL (June 28, 2019).

Reducing Subjectivity and Bias in an Officer's Analysis of Suspicion in Drug Interdiction Stops
Morgan Gray and Wesley Oliver, Reducing Subjectivity and Bias in an Officer's Analysis of Suspicion in Drug Interdiction Stops, presentation at Seventeenth International Conference on Artificial Intelligence and the Law, Montreal, Quebec (June 18, 2019).

Alcohol Prohibition and the American Exclusionary Rule
Wesley Oliver, Alcohol Prohibition and the American Exclusionary Rule, presentation at University of Oxford Centre for Criminology, Oxford, UK (May 28, 2019).

Prohibition's Fourth Amendment Confessions Rule
Wesley Oliver, Prohibition's Fourth Amendment Confessions Rule, presentation at The Prohibition Era and Policing Conference (March 4, 2019).

Coding Suspicion
Wesley Oliver, Coding Suspicion, presentation at Jurix 2018: The 39th International Conference on Legal Knowledge and Information Systems, Groningen, The Netherlands (December 12-14, 2018). http://jurix2018.ai.rug.nl/

How Prohibition Gave Us the Modern Fourth Amendment
Wesley Oliver, How Prohibition Gave Us the Modern Fourth Amendment, presentation at The Fourth Annual Constitutional Institute at George Washington's Mount Vernon: The Use and Abuse of the Fourth Amendment in Law Enforcement and Domestic Surveillance (Sept. 20-21, 2018).

The Prohibition Era and Policing
Wesley Oliver, The Prohibition Era and Policing, presentation at Rejebian Book Series, Dallas TX (June 13, 2018).

Prohibition Era and Policing
Wesley Oliver and Elaine Franz, Prohibition Era and Policing, round table discussion at Heinz History Center, Pittsburgh, PA (May 24, 2018).

Third Circuit Review
Wesley Oliver (moderator), Third Circuit Review, panel discussion (May 2, 2018).

Prohibition's Surprising Role in the Under-Regulation of Police Brutality
Wesley Oliver, Prohibition's Surprising Role in the Under-Regulation of Police Brutality, presentation at Police Brutality: Its Chilling Effect and Innovative Solutions conference (April 6, 2018).

The Anachronistic Exclusionary Rule
Wesley Oliver, The Anachronistic Exclusionary Rule, presentation at Faculty Workshop, University of Pittsburgh School of Law (January 2017).

'Three Stories from Cleveland: A Historical Explanation for the Under-Regulation of Police Force,'
Wesley Oliver, 'Three Stories from Cleveland: A Historical Explanation for the Under-Regulation of Police Force,' presentation at The Role of the Prosecutor and the Grand Jury in Police Use of Force Cases Conference (2016).

Police Shootings, Wrongful Convictions, and Prohibition's Unexpected Causal Role,'
Wesley Oliver, 'Police Shootings, Wrongful Convictions, and Prohibition's Unexpected Causal Role,' presentation at Vanderbilt Law School Criminal Law Society (2016).

Prohibition and the Lingering Mis-Regulation of Police
Wesley Oliver, Prohibition and the Lingering Mis-Regulation of Police, presentation at Beyond Baltimore: Bridging Public Safety and Social Justice in the Policing of America's Streets, Cyril Wecht Institute of Forensic Science and Law (November 2015).

Criminal Law Update
Wesley M. Oliver, moderator, Criminal Law Update, Annual Conference of the Judges of the United States Court of Appeals for the Third Circuit (Apr. 25, 2015).

The Rapidly Expanding Good Faith Exception
Wesley M. Oliver, The Rapidly Expanding Good Faith Exception, Maine Association of Criminal Defense Lawyers Annual Meeting (June 20, 2015). 

Grand Juries: How the Reasonableness Standard Protects Police and Preys on Racial Tensions
Wesley M. Oliver, panelist, Grand Juries: How the Reasonableness Standard Protects Police and Preys on Racial Tensions, Pennsylvania Bar Association Minority Attorney Conference (Apr. 9, 2015).

Civil Rights, Civil Responsibilities: The Community and the Evolving Role of the Police
Wesley M. Oliver, Panelist, Civil Rights, Civil Responsibilities: The Community and the Evolving Role of the Police (Mar. 25, 2015).

The Law's Inability to Provide Closure in Ferguson
Wesley M. Oliver, The Law's Inability to Provide Closure in Ferguson, University of Missouri Law Review Symposium, Policing, Protesting, and Perceptions: A Critical Examination of the Events in Ferguson (Feb. 26, 2015).

Prohibition, Stare Decisis, and the Lagging Ability of Science to Influence Criminal Procedure
Wesley M. Oliver, Prohibition, Stare Decisis, and the Lagging Ability of Science to Influence Criminal Procedure, Loyola Constitutional Law Colloquium (Nov. 7, 2014).

Making a Deal in Criminal Cases
Wesley M. Oliver, Making a Deal in Criminal Cases, ABA Conference on Alternative Dispute Resolution (Apr. 4, 2014).

Inherent Conflicts of Interest in High Profile Cases
Wesley M. Oliver, Inherent Conflicts of Interest in High Profile Cases, Allegheny County Academy of Trial Lawyers (Oct. 3, 2013).

The Media and High Profile Trials
Wesley M. Oliver, The Media and High Profile Trials, Pennsylvania Bar Institute (May 8, 2013).

The Past and Present Supreme Court Terms
Wesley M. Oliver, The Past and Present Supreme Court Terms, presentation at Defense Lawyers' Roundtable (Nov. 2, 2012).

How Lafler and Frye Will Change Plea Bargaining
Wesley M. Oliver, How Lafler and Frye Will Change Plea Bargaining, presentation at Federalist Forum, University of Arizona, (Oct. 18, 2012).

Conflicts of Interest Between a Lawyer's Media Profile and His Duty to His Client
Wesley M. Oliver, Conflicts of Interest Between a Lawyer's Media Profile and His Duty to His Client, Widener University School of Law (Oct. 12, 2012).

Toward a Common Law of Plea Bargaining
Wesley M. Oliver, Toward a Common Law of Plea Bargaining, Pennsylvania Bar Institute, Annual Criminal Law Section Meeting (May 31, 2012).

Plea Bargaining After Lafler and Frye
Wesley M. Oliver, Plea Bargaining After Lafler and Frye, Pennsylvania Superior Court Conference (Apr. 18, 2012).

Prosecutors Reeled in Little Fish with Help of Big Ones in Mortgage Fraud Push
Wesley M. Oliver, Prosecutors Reeled in Little Fish with Help of Big Ones in Mortgage Fraud Push, Forbes.com, May 28, 2014.
  • Dr. John and Liz Murray Excellence in Scholarship Award, June 2015
  • Vincent L. McKusick Award, State Bar of Maine Award for Best Article in Maine Bar Journal 2008, June 2009
  • John H. Streiker Research Grant, Yale Law School, Summer 2008
  • Mark DeWolfe Howe Research Grant, Harvard Law School, Summer 2005