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Articles 31 - 60 of 179
Full-Text Articles in Entire DC Network
Turning Jails Into Prisons—Collateral Damage From Kentucky's War On Crime, Robert G. Lawson
Turning Jails Into Prisons—Collateral Damage From Kentucky's War On Crime, Robert G. Lawson
Law Faculty Scholarly Articles
The primary purpose of this article is to scrutinize Kentucky's ever-increasing reliance on local jails for the incarceration of state prisoners. This objective cannot be achieved without an examination of the problems that compel counties and cities to allow (and even encourage) the state to capture their jails for this use. The first half of the article (Parts I-IV) provides general information about jails (including some pertinent history), contains a detailed description of jail functions (including some that have descended upon jails by default), and concludes with a discussion of what the state has done over two decades to convert …
Testimonial Or Nontestimonial? The Admissibility Of Forensic Evidence After Crawford V. Washington, John M. Spires
Testimonial Or Nontestimonial? The Admissibility Of Forensic Evidence After Crawford V. Washington, John M. Spires
Kentucky Law Journal
No abstract provided.
Through The Looking-Glass At The Brady Doctrine: Some New Reflections On White Queens, Hobgoblins, And Due Process, Eugene Cerruti
Through The Looking-Glass At The Brady Doctrine: Some New Reflections On White Queens, Hobgoblins, And Due Process, Eugene Cerruti
Kentucky Law Journal
No abstract provided.
Difficult Times In Kentucky Corrections—Aftershocks Of A "Tough On Crime" Philosophy, Robert G. Lawson
Difficult Times In Kentucky Corrections—Aftershocks Of A "Tough On Crime" Philosophy, Robert G. Lawson
Law Faculty Scholarly Articles
The objective of this article is to cast some light on corrections system problems brought on by elevated (and possibly unnecessary) levels of incarceration, and especially on problems that trouble the Kentucky corrections system and threaten to undermine the effectiveness of the state's justice system. Part II describes how the country came to embrace sentencing policies and practices capable of producing "a penal system of a severity unmatched in the Western world.” Part III describes Kentucky's embrace of equally harsh sentencing policies and practices and the inmate population explosion that has occurred as a direct result of those policies and …
Actually Less Guilty: The Extension Of The Actual Innocence Exception To The Sentencing Phase Of Non-Capital Cases, Matthew Mattingley
Actually Less Guilty: The Extension Of The Actual Innocence Exception To The Sentencing Phase Of Non-Capital Cases, Matthew Mattingley
Kentucky Law Journal
No abstract provided.
Case Note: The Office Of The Independent Counsel And Grand Jury Secrecy, Melissa N. Henke
Case Note: The Office Of The Independent Counsel And Grand Jury Secrecy, Melissa N. Henke
Law Faculty Scholarly Articles
In In re Sealed Case No. 99-3091, the D.C. Circuit ruled on a motion for summary reversal of an order entered by the U.S. District Court for the District of Columbia ("District Court"), where such order required the Office of Independent Counsel Kenneth Starr ("OIC") to provide evidence as to why the OIC should not be held in contempt for violating the grand jury secrecy rule, Rule 6(e). The alleged violation of grand jury secrecy concerned a New York Times article that contained information about the grand jury investigation of President William J. Clinton, and which named the OIC as …
Informing Capital Juries About Parole: The Effect On Life Or Death Decisions, C. Lindsey Morrill
Informing Capital Juries About Parole: The Effect On Life Or Death Decisions, C. Lindsey Morrill
Kentucky Law Journal
No abstract provided.
Does Apprendi V. New Jersey Change The Standard Of Proof In Criminal Forfeiture Cases?, Stefan D. Cassella
Does Apprendi V. New Jersey Change The Standard Of Proof In Criminal Forfeiture Cases?, Stefan D. Cassella
Kentucky Law Journal
No abstract provided.
Acting Without "Just Cause": An Analysis Of The Ninth Circuit's Decision In United States V. Symington, James R. Coltharp Jr.
Acting Without "Just Cause": An Analysis Of The Ninth Circuit's Decision In United States V. Symington, James R. Coltharp Jr.
Kentucky Law Journal
No abstract provided.
Harris V. Commonwealth: The Use Of "Statutory" Aggravating Circumstances In Kentucky's Sentencing Procedure, Melissa Bartlett
Harris V. Commonwealth: The Use Of "Statutory" Aggravating Circumstances In Kentucky's Sentencing Procedure, Melissa Bartlett
Kentucky Law Journal
No abstract provided.
Nuñez-Rodriguez And A Defendant's Acceptance Of Responsibility: A Jailbreak From The Confinement Of The Federal Sentencing Guidelines?, John N. Winstead
Nuñez-Rodriguez And A Defendant's Acceptance Of Responsibility: A Jailbreak From The Confinement Of The Federal Sentencing Guidelines?, John N. Winstead
Kentucky Law Journal
No abstract provided.
The Battered Woman Syndrome And The Kentucky Criminal Justice System: Abuse Excuse Or Legitimate Mitigation?, Sue E. Mcclure
The Battered Woman Syndrome And The Kentucky Criminal Justice System: Abuse Excuse Or Legitimate Mitigation?, Sue E. Mcclure
Kentucky Law Journal
No abstract provided.
Sommers V. Commonwealth: An Indigent Criminal Defendant's Right To Publicly Funded Expert Assistance Other Than The Assistance Of Counsel, Karla C. Mcgrath
Sommers V. Commonwealth: An Indigent Criminal Defendant's Right To Publicly Funded Expert Assistance Other Than The Assistance Of Counsel, Karla C. Mcgrath
Kentucky Law Journal
No abstract provided.
In Defense Of The Outrageous Government Conduct Defense In The Federal Courts, Dana M. Todd
In Defense Of The Outrageous Government Conduct Defense In The Federal Courts, Dana M. Todd
Kentucky Law Journal
No abstract provided.
Kentucky Post-Conviction Remedies And The Judicial Development Of Kentucky Rule Of Criminal Procedure 11.42, John S. Gillig
Kentucky Post-Conviction Remedies And The Judicial Development Of Kentucky Rule Of Criminal Procedure 11.42, John S. Gillig
Kentucky Law Journal
No abstract provided.
States' Right To Confine "Not Guilty By Reason Of Insanity" Acquittees After Foucha V. Louisiana, David S. Wisz
States' Right To Confine "Not Guilty By Reason Of Insanity" Acquittees After Foucha V. Louisiana, David S. Wisz
Kentucky Law Journal
No abstract provided.
Arizona V. Fulminante: Where's The Harm In Harmless Error?, Kenneth R. Kenkel
Arizona V. Fulminante: Where's The Harm In Harmless Error?, Kenneth R. Kenkel
Kentucky Law Journal
No abstract provided.
The Federal Sentencing Guidelines: Miracle Cure For Sentencing Disparity, Kathryn A. Walton
The Federal Sentencing Guidelines: Miracle Cure For Sentencing Disparity, Kathryn A. Walton
Kentucky Law Journal
No abstract provided.
Judicial Vigilantism: Inherent Judicial Authority To Appoint Contempt Prosecutors In Young V. United States Ex Rel Vuitton Et Fils S.A., Neal Devins, Steven J. Mulroy
Judicial Vigilantism: Inherent Judicial Authority To Appoint Contempt Prosecutors In Young V. United States Ex Rel Vuitton Et Fils S.A., Neal Devins, Steven J. Mulroy
Kentucky Law Journal
No abstract provided.
Prison Reform Issues For The Eighties: Modification And Dissolution Of Injunctions In The Federal Courts, Sarah N. Welling, Barbara W. Jones
Prison Reform Issues For The Eighties: Modification And Dissolution Of Injunctions In The Federal Courts, Sarah N. Welling, Barbara W. Jones
Law Faculty Scholarly Articles
During the past two decades, federal courts have become involved in the supervision of state and local prison systems. This supervisory role is the result of a new type of litigation, the institutional reform lawsuit. These lawsuits originate when prisoners sue state or local prison administrators, alleging unconstitutional conditions of confinement. Plaintiffs usually seek a permanent injunction outlining a plan to eliminate the offending conditions. As prison litigation matured, the normal evolution of these lawsuits led to new questions taking center stage in the 1980's, questions of injunction, modification, and dissolution.
This article begins with a summary examination of prison …
Victims In The Criminal Process: A Utilitarian Analysis Of Victim Participation In The Charging Decision, Sarah N. Welling
Victims In The Criminal Process: A Utilitarian Analysis Of Victim Participation In The Charging Decision, Sarah N. Welling
Law Faculty Scholarly Articles
Crime victims are currently being given the right to participate in criminal prosecutions at both the sentencing and plea bargaining stages. These are important steps in a criminal prosecution, but both the sentence and the plea bargain are dependent on the initial charging decision which determines what crime is to be prosecuted or whether there is to be any prosecution at all. As a prerequisite to both a plea bargain or a sentence, the charging decision is the crux of the prosecution.
Given the importance of the charging decision, and the fact that some jurisdictions have granted victims a right …
Confronting Rape Shield, Allison I. Connelly
Confronting Rape Shield, Allison I. Connelly
Law Faculty Popular Media
In this newsletter article, Professor Connelly discusses the difficulties faced by defense attorneys in addressing rape shield laws.
Silencing Gideon's Trumpet: The Plight Of The Indigent Prisoner, Allison I. Connelly
Silencing Gideon's Trumpet: The Plight Of The Indigent Prisoner, Allison I. Connelly
Law Faculty Popular Media
In this newsletter article, Professor Connelly discusses the difficulties faced by indigent prisoners in gaining access to the justice system.
Capital Juries And The Fair Cross-Section Requirement: Modern Constitutional Reasoning In Jury Selection, John Coleman Ayers
Capital Juries And The Fair Cross-Section Requirement: Modern Constitutional Reasoning In Jury Selection, John Coleman Ayers
Kentucky Law Journal
No abstract provided.
Kentucky Law Survey: Criminal Procedure, William H. Fortune
Kentucky Law Survey: Criminal Procedure, William H. Fortune
Law Faculty Scholarly Articles
Many important criminal procedure cases were decided by the Kentucky appellate courts during the Survey period-too many to permit meaningful comment on each case. The author has selected those criminal procedure cases he feels are most significant and has not attempted to comment on penal code cases, most of which involve matters of criminal law.
Kentucky Law Survey: Criminal Procedure, William H. Fortune
Kentucky Law Survey: Criminal Procedure, William H. Fortune
Kentucky Law Journal
No abstract provided.
Kentucky Law Survey: Criminal Procedure, William H. Fortune, Sarah N. Welling
Kentucky Law Survey: Criminal Procedure, William H. Fortune, Sarah N. Welling
Law Faculty Scholarly Articles
Significant criminal procedure decisions of the Kentucky appellate courts for the period July 1, 1982 to July 1, 1983, have been selected for discussion in this Survey. Included in this survey is an extensive discussion of selected cases in the areas of warrants, competency of counsel, pretrial discovery of witness statements, venue, belated attacks on criminal convictions, and the right to talk to an attorney before taking a breathalyzer test.
The Not Guilty By Reason Of Insanity Verdict: Should Juries Be Informed Of Its Consequences?, Jennifer Fletcher
The Not Guilty By Reason Of Insanity Verdict: Should Juries Be Informed Of Its Consequences?, Jennifer Fletcher
Kentucky Law Journal
No abstract provided.
The Dilemma Of Criminal Responsibility, David L. Bazelon
The Dilemma Of Criminal Responsibility, David L. Bazelon
Kentucky Law Journal
No abstract provided.
Kentucky Law Survey: Criminal Procedure, William H. Fortune, Sarah N. Welling
Kentucky Law Survey: Criminal Procedure, William H. Fortune, Sarah N. Welling
Kentucky Law Journal
No abstract provided.