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Criminal Law

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1989

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Articles 31 - 60 of 130

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Representing Nazism: Advocacy And Identity At The Trial Of Klaus Barbie, Guyora Binder May 1989

Representing Nazism: Advocacy And Identity At The Trial Of Klaus Barbie, Guyora Binder

Journal Articles

Noting the enormous media interest in the war crimes trial of Klaus Barbie, and the surprising emphasis of this coverage on its cultural significance, this essay provides a literary reading of the trial as a contest over identity. More specifically, it treats the trial and its coverage as a struggle among competing groups - including the French state, various strands of the French left, the French right, resistance veterans, holocaust survivors, Zionists, Arabs, anti-colonialists - for the power to represent Nazism. All of these groups sought to define Nazism so as to claim a privileged identity as essential victims or …


Habeas Corpus Committee - Memoranda, Lewis F. Powell Jr. Apr 1989

Habeas Corpus Committee - Memoranda, Lewis F. Powell Jr.

Habeas Corpus Committee

No abstract provided.


Smurfs, Money Laundering And The Federal Criminal Law: The Crime Of Structuring Transactions, Sarah N. Welling Apr 1989

Smurfs, Money Laundering And The Federal Criminal Law: The Crime Of Structuring Transactions, Sarah N. Welling

Law Faculty Scholarly Articles

In 1970, Congress adopted a statute requiring financial institutions to report cash transactions over $10,000 to the government. Failure to report was a crime. In 1987, Congress made it a crime to structure financial transactions to evade this reporting law. Thus, for example, if Joe arranges his banking so the cash transactions are below $10,000 in order to avoid reporting, Joe commits a federal crime. What brought Congress to this point? Should we be alarmed at the extent of governmental intrusion into the arrangement of our financial affairs, or is the intrusion warranted? This article answers these questions and tells …


Criminal Procedure—"Drug Courier Profile" Characteristics Are Sufficient To Establish Reasonable Suspicion Of Criminal Conduct. United States V. Sokolow, Alec Farmer Apr 1989

Criminal Procedure—"Drug Courier Profile" Characteristics Are Sufficient To Establish Reasonable Suspicion Of Criminal Conduct. United States V. Sokolow, Alec Farmer

University of Arkansas at Little Rock Law Review

No abstract provided.


The Implications Of 42 U.S.C. § 1983 For The Privatization Of Prisons, Charles W. Thomas, Linda S. Calvert Hanson Apr 1989

The Implications Of 42 U.S.C. § 1983 For The Privatization Of Prisons, Charles W. Thomas, Linda S. Calvert Hanson

Florida State University Law Review

No abstract provided.


Canadian Criminal Jury Instructions, James P. Taylor Apr 1989

Canadian Criminal Jury Instructions, James P. Taylor

Dalhousie Law Journal

Canadian Criminal Jury Instructions ("CRIMJI") is an ambitious project. The authors, the Honourable Mr. Justice John Bouck (of the Supreme Court of British Columbia) and Professor Gerry Ferguson (of the Faculty of Law, University of Victoria) set out to provide a book that will "assist Canadian judges and Canadian lawyers in drafting and delivering a charge to a jury in a criminal case". The authors' twovolume work handily accomplishes this objective.


Use Of Force Against Terrorist Bases: Introduction, Malvina Halberstam Apr 1989

Use Of Force Against Terrorist Bases: Introduction, Malvina Halberstam

Faculty Articles

No abstract provided.


Alternatives To Street Gangs: Urban Services Restoration Corps And Neighborhood Academies, Joint Committee On Organized Crime And Gang Violence Mar 1989

Alternatives To Street Gangs: Urban Services Restoration Corps And Neighborhood Academies, Joint Committee On Organized Crime And Gang Violence

California Joint Committees

No abstract provided.


Peer Counseling: A Proposal To Counter Street Gang And Drug Influence, Joint Committee On Organized Crime And Gang Violence Mar 1989

Peer Counseling: A Proposal To Counter Street Gang And Drug Influence, Joint Committee On Organized Crime And Gang Violence

California Joint Committees

No abstract provided.


Forfeiture Of Attorneys' Fees Under Rico And Cce And The Right To Counsel Of Choice: The Constitutional Dilemma And How To Avoid It, Bruce J. Winick Mar 1989

Forfeiture Of Attorneys' Fees Under Rico And Cce And The Right To Counsel Of Choice: The Constitutional Dilemma And How To Avoid It, Bruce J. Winick

University of Miami Law Review

No abstract provided.


Standing And Liability Of State And Local Government Under The Civil Rico Statute, Paul A. Hoffman Mar 1989

Standing And Liability Of State And Local Government Under The Civil Rico Statute, Paul A. Hoffman

BYU Law Review

No abstract provided.


The Reign Of The Queen Of Hearts: The Declining Significance Of The Presumption Of Innocence - A Brief Commentary, Leroy Pernell Mar 1989

The Reign Of The Queen Of Hearts: The Declining Significance Of The Presumption Of Innocence - A Brief Commentary, Leroy Pernell

Journal Publications

No abstract provided.


Evening The Odds In Civil Litigation:A Proposed Methodology For Using Adverse Inferences When Nonparty Witnesses Invoke The Fifth Amendment, Charles H. Rabon, Jr. Mar 1989

Evening The Odds In Civil Litigation:A Proposed Methodology For Using Adverse Inferences When Nonparty Witnesses Invoke The Fifth Amendment, Charles H. Rabon, Jr.

Vanderbilt Law Review

A nonparty witness who responds to questioning by invoking the privilege against self-incrimination seriously can impair the party against whom the response suggests an unfavorable answer. The possible injury to a party's case is greatest when the invocation occurs unexpectedly at trial, but may cause equal damage when the privilege is relied on during discovery because the deposition of an unavailable witness may be read to the jury. In the past, courts and commentators generally opposed allowing such invocations in the jury's presence based on the belief that invocations lack credible evidentiary value because witnesses can invoke validly for a …


Habeas Corpus Committee - Memoranda, Lewis F. Powell Jr. Feb 1989

Habeas Corpus Committee - Memoranda, Lewis F. Powell Jr.

Habeas Corpus Committee

No abstract provided.


Federal Criminal Appellate Practice In The Second Circuit, Roger J. Miner '56 Jan 1989

Federal Criminal Appellate Practice In The Second Circuit, Roger J. Miner '56

Federal Courts and Federal Practice

No abstract provided.


Beyond Parity: Section 1983 And The State Courts, Susan Herman Jan 1989

Beyond Parity: Section 1983 And The State Courts, Susan Herman

Faculty Scholarship

No abstract provided.


Admissibility Of Expert Testimony In Child Sexual Abuse Cases In California: Retire Kelly-Frye And Return To A Traditional Analysis, Linda Carter Jan 1989

Admissibility Of Expert Testimony In Child Sexual Abuse Cases In California: Retire Kelly-Frye And Return To A Traditional Analysis, Linda Carter

McGeorge School of Law Scholarly Articles

No abstract provided.


Pain And Suffering Guidelines: A Cure For Damages Measurement "Anomie", Frederick S. Levin Jan 1989

Pain And Suffering Guidelines: A Cure For Damages Measurement "Anomie", Frederick S. Levin

University of Michigan Journal of Law Reform

This Note argues that adapting the criminal sentencing guidelines systems in use in several states to the personal injury context would provide appropriate standards for measuring pain and suffering damages. Part I explores why present methods for measuring pain and suffering are objectionable. A description of the proposed method for developing guidelines is provided in Part II. Part II explores the use of guidelines in criminal sentencing and the analogy between sentencing decisions and assessment of damages for nonpecuniary loss. Part II also describes how to develop and implement guidelines for assessing pain and suffering damages. Part III examines why …


Book Reviews Jan 1989

Book Reviews

Journal of Criminal Law and Criminology

No abstract provided.


Right To Counsel In Juvenile Court: An Empirical Study Of When Lawyers Appear And The Difference They Make, Barry C. Feld Jan 1989

Right To Counsel In Juvenile Court: An Empirical Study Of When Lawyers Appear And The Difference They Make, Barry C. Feld

Journal of Criminal Law and Criminology

No abstract provided.


Evidentiary Privileges And The Defendant's Constitutional Right To Introduce Evidence, Welsh S. White Jan 1989

Evidentiary Privileges And The Defendant's Constitutional Right To Introduce Evidence, Welsh S. White

Journal of Criminal Law and Criminology

No abstract provided.


Due Process For All--Due Process, The Eighth Amendment And Nazi War Criminals, Theresa M. Beiner Jan 1989

Due Process For All--Due Process, The Eighth Amendment And Nazi War Criminals, Theresa M. Beiner

Journal of Criminal Law and Criminology

No abstract provided.


Justifications And The Criminal Liability Of Accessories, Douglas N. Husak Jan 1989

Justifications And The Criminal Liability Of Accessories, Douglas N. Husak

Journal of Criminal Law and Criminology

No abstract provided.


Past Behavior As A Measure Of Actual Future Behavior: An Unresolved Issue In Perceptual Deterrence Research, Donald E. Green Jan 1989

Past Behavior As A Measure Of Actual Future Behavior: An Unresolved Issue In Perceptual Deterrence Research, Donald E. Green

Journal of Criminal Law and Criminology

No abstract provided.


Requiring Jury Instructions On Eyewitness Identification Evidence At Federal Criminal Trials, Michael H. Hoffheimer Jan 1989

Requiring Jury Instructions On Eyewitness Identification Evidence At Federal Criminal Trials, Michael H. Hoffheimer

Journal of Criminal Law and Criminology

No abstract provided.


Resource Deprivation And The Right To Counsel, Joe Margulies Jan 1989

Resource Deprivation And The Right To Counsel, Joe Margulies

Journal of Criminal Law and Criminology

No abstract provided.


Equivalent Deterrence: A Proposed Alternative To The Exclusionary Rule In Criminal Proceedings, Robert M. Hardaway Jan 1989

Equivalent Deterrence: A Proposed Alternative To The Exclusionary Rule In Criminal Proceedings, Robert M. Hardaway

Sturm College of Law: Faculty Scholarship

Perhaps no other area of American jurisprudence is as controversial as the exclusionary rule. Rejected by all other civilized countries2 and held in contempt by much of the American public, the rule reached its zenith during the Warren Court, only to be chipped away a little at a time by the Burger Court. Indeed, if the rule is ever to die, it seems destined to go out with a whimper rather than a bang. . .


The Supreme Court And The Incredible Shrinking Fourth Amendment, Bruce G. Berner Jan 1989

The Supreme Court And The Incredible Shrinking Fourth Amendment, Bruce G. Berner

Law Faculty Publications

No abstract provided.


Killing Daddy: Developing A Self-Defense Strategy For The Abused Child, Joelle A. Moreno Jan 1989

Killing Daddy: Developing A Self-Defense Strategy For The Abused Child, Joelle A. Moreno

Faculty Publications

No abstract provided.


The Right To A Criminal Appeal In The People's Republic Of China, Margaret Y.K. Woo Jan 1989

The Right To A Criminal Appeal In The People's Republic Of China, Margaret Y.K. Woo

Maryland Series in Contemporary Asian Studies

No abstract provided.