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Articles 301 - 319 of 319
Full-Text Articles in Entire DC Network
The New Iowa Criminal Code, Kermit L. Dunahoo
The New Iowa Criminal Code, Kermit L. Dunahoo
Faculty Publications
No abstract provided.
Franks V. Delaware: A Proposed Interpretation And Application, Peter A. Alces
Franks V. Delaware: A Proposed Interpretation And Application, Peter A. Alces
Faculty Publications
No abstract provided.
Two Perspectives On Structuring Discretion: Justices Stewart And White On The Death Penalty, Larry I. Palmer
Two Perspectives On Structuring Discretion: Justices Stewart And White On The Death Penalty, Larry I. Palmer
Faculty Publications
No abstract provided.
Co-Conspirator Declarations: The Federal Rules Of Evidence And Other Recent Developments, From A Criminal Law Perspective, Paul Marcus
Faculty Publications
Perhaps the most important advantage available to a prosecutor in a criminal conspiracy case is the exception to the hearsay rule for co-conspirator declarations. The exception is widely used and is often a significant part of the government presentation. In essence, it provides that otherwise inadmissible hearsay declarations of coconspirators are admissible at trial against the defendant so long as they were made during the course and in furtherance of the conspiracy. The exception typically arises when an alleged co-conspirator declarant tells the witness (often an undercover police officer) all about the conspiracy, perhaps in the hope of attracting a …
The Confrontation Clause And Co-Defendant Confessions: The Drift From Bruton To Parker V. Randolph, Paul Marcus
The Confrontation Clause And Co-Defendant Confessions: The Drift From Bruton To Parker V. Randolph, Paul Marcus
Faculty Publications
No abstract provided.
The Allen Instruction In Criminal Cases: Is The Dynamite Charge About To Be Permanently Defused?, Paul Marcus
The Allen Instruction In Criminal Cases: Is The Dynamite Charge About To Be Permanently Defused?, Paul Marcus
Faculty Publications
No abstract provided.
The Proposed Revised Federal Criminal Code: Conspiracy Provisions, Paul Marcus
The Proposed Revised Federal Criminal Code: Conspiracy Provisions, Paul Marcus
Faculty Publications
No abstract provided.
Legal Services, Prisoners' Attitudes And "Rehabilitation.", Geoffrey P. Alpert, John M. Finney, James F. Short Jr
Legal Services, Prisoners' Attitudes And "Rehabilitation.", Geoffrey P. Alpert, John M. Finney, James F. Short Jr
Faculty Publications
No abstract provided.
Replacing The Exclusionary Rule With Administrative Rulemaking, Francis A. Gilligan, Fredric I. Lederer
Replacing The Exclusionary Rule With Administrative Rulemaking, Francis A. Gilligan, Fredric I. Lederer
Faculty Publications
No abstract provided.
Conspiracy: The Criminal Agreement, In Theory And In Practice, Paul Marcus
Conspiracy: The Criminal Agreement, In Theory And In Practice, Paul Marcus
Faculty Publications
Professor Marcus combines empirical research and theoretical analysis in this comprehensive study of the conspiracy doctrine. The article shows that the theoretical reasons for the conspiracy doctrine are inapplicable to most actual conspiracy prosecutions and that the practical reasons for conspiracy charges are often unacceptable prosecutorial shortcuts. Although ultimately concluding that the conspiracy doctrine is needed in some limited instances, Professor Marcus indicates that prosecutors should bring conspiracy charges only when justified by proper reasons and that courts should consider such charges more carefully.
The Law Of Confessions - The Voluntariness Doctrine, Fredric I. Lederer
The Law Of Confessions - The Voluntariness Doctrine, Fredric I. Lederer
Faculty Publications
No abstract provided.
Rights Warnings In The Armed Services, Fredric I. Lederer
Rights Warnings In The Armed Services, Fredric I. Lederer
Faculty Publications
No abstract provided.
Criminal Conspiracy: The State Of Mind Crime - Intent, Proving Intent, Anti-Federal Intent, Paul Marcus
Criminal Conspiracy: The State Of Mind Crime - Intent, Proving Intent, Anti-Federal Intent, Paul Marcus
Faculty Publications
No abstract provided.
Doing Away With The Exclusionary Rule, Francis A. Gilligan, Fredric I. Lederer
Doing Away With The Exclusionary Rule, Francis A. Gilligan, Fredric I. Lederer
Faculty Publications
No abstract provided.
Andenaes And The Theory Of Deterence, Larry I. Palmer
Andenaes And The Theory Of Deterence, Larry I. Palmer
Faculty Publications
No abstract provided.
A Model Of Criminal Dispositions: An Alternative To Official Discretion In Sentencing, Larry I. Palmer
A Model Of Criminal Dispositions: An Alternative To Official Discretion In Sentencing, Larry I. Palmer
Faculty Publications
Professor Palmer proposes a new model of criminal dispositions which would replace official discretion at sentencing with judicially created standards for sentencing officials. In Part I he outlines the role of the appellate judiciary in developing an interest analysis to enunciate standards to guide criminal dispositions. In Parts Il and III he examines the roles of administrative agencies and legislatures in perfecting the dispositional process under standards initially ariculated by the judiciary. Professor Palmer emphasizes the concept of individual liberty as a central value of society and shows how a new system of criminal dispositions can enhance that value as …
The Scope Of Judicial Discretion In The Iowa Criminal Trial Process, Kermit L. Dunahoo
The Scope Of Judicial Discretion In The Iowa Criminal Trial Process, Kermit L. Dunahoo
Faculty Publications
No abstract provided.
Iowa Criminal Law, Kermit L. Dunahoo
The Criminal Code Of Virginia, Lucian Minor
The Criminal Code Of Virginia, Lucian Minor
Faculty Publications
No abstract provided.