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Articles 1 - 30 of 36
Full-Text Articles in Entire DC Network
The Burden Of Proof In Double Jeopardy Claims, Michigan Law Review
The Burden Of Proof In Double Jeopardy Claims, Michigan Law Review
Michigan Law Review
This Note argues that once the defendant raises a nonfrivolous double jeopardy claim that turns on a question of fact, the government should have the burden of proving that the two crimes charged are actually different. Part I traces the development of the law and the major factors behind recent federal court scrutiny of the traditional rule. Part II argues that constitutional considerations require courts to shift the burden of proof to the government, not only when practical considerations suggest the shift, but in all cases turning on questions of fact. Finally, Part III reconciles this allocation with the well-established …
Alumni, University Of Michigan Law School
Alumni, University Of Michigan Law School
Law Quadrangle (formerly Law Quad Notes)
Spring reunions; Ross prize strikes twice
Periodical Index, Michigan Law Review
Periodical Index, Michigan Law Review
Michigan Law Review
Subject Index of Articles, Comments, Notes, and Recent Developments Appearing in Leading Reviews
Recognizing A Constitutional Right Of Media Access To Evidentiary Recordings In Criminal Trials, Teri G. Rasmussen
Recognizing A Constitutional Right Of Media Access To Evidentiary Recordings In Criminal Trials, Teri G. Rasmussen
University of Michigan Journal of Law Reform
This Note advocates recognition of a constitutional right of press access to evidentiary recordings in criminal trials. It proposes methods for accommodating the competing rights of the news media to have access to evidentiary recordings used in criminal trials and the right of criminal defendants to a fair trial. Part I examines the source of controversy and sets forth the limitations inherent in the current common law presumption of press access to judicial records. Part II disusses the underlying values that require recognition of the constitutional right and suggests that such a right can be accommodated with a defendant's right …
Books Received, Michigan Law Review
Books Received, Michigan Law Review
Michigan Law Review
A list of books received by Michigan Law Review
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
A List of Books Received by Michigan Law Review
Periodical Index, Michigan Law Review
Periodical Index, Michigan Law Review
Michigan Law Review
Subject Index of Articles, Comments, Notes, and Recent Developments Appearing in Leading Law Reviews
The Public Right Of Access To Juvenile Delinquency Hearings, Michigan Law Review
The Public Right Of Access To Juvenile Delinquency Hearings, Michigan Law Review
Michigan Law Review
Despite the differences between the criminal and juvenile court systems, the Supreme Court has extended many criminal procedural safeguards to juvenile delinquency hearings. The Court does not, however, "automatically and preemptorily" apply every procedural safeguard to juvenile hearings; rather, it carefully examines the criminal trial standard in the context of delinquency hearings. Adopting a similar approach, this Note considers the implications of a constitutional right of access to juvenile delinquency hearings. Part I examines the right of access announced in Globe Newspaper and Richmond Newspapers v. Virginia. Part II looks at the juvenile justice system and argues that extension …
Books Received, Michigan Law Review
Books Received, Michigan Law Review
Michigan Law Review
A List of Books Received by Michigan Law Review
Improving Jury Deliberations: A Reconsideration Of Lesser Included Offense Instructions, Michael D. Craig
Improving Jury Deliberations: A Reconsideration Of Lesser Included Offense Instructions, Michael D. Craig
University of Michigan Journal of Law Reform
This Note approves of efforts to avoid hung juries by giving lesser included offense instructions but opposes those instructions that restrict juror decisions and coerce minority jurors. Rather, this Note offers a lesser included offense instruction that promotes flexibility and jury compromise without undermining the deliberative process. Part I describes the problem of hung juries and how courts have tried to prevent them with restrictive lesser included offense instructions. Part II analyzes the coercive impact of restrictive lesser included offense instructions and concludes that an instruction conditioning deliberations upon individual juror disagreement better promotes compromises on the merits while reducing …
Habeas Corpus Review Of State Trial Court Failure To Give Lesser Included Offense Instructions, Michael H. Hoffheimer
Habeas Corpus Review Of State Trial Court Failure To Give Lesser Included Offense Instructions, Michael H. Hoffheimer
University of Michigan Journal of Law Reform
This Note advocates that federal courts review state criminal convictions in habeas corpus proceedings when lesser included offense instructions are available under state law but were not given. Part I demonstrates that granting such review conforms to the modern jurisdictional scope of federal collateral review because failure to give the instructions undermines the fact-finding function of juries and is therefore unconstitutional. Part II analyzes the proper standard of review and determines that the federal interest in protecting the reliability of the fact-finding process should prevail over any conflicting state interest in refusing to give lesser included offense instructions. Part II …
Habeas Corpus: Its History And Its Future, Charles Alan Wright
Habeas Corpus: Its History And Its Future, Charles Alan Wright
Michigan Law Review
A Review of A Constitutional History of Habeas Corpus by William F. Duker
Watching The Judiciary Watch The Police, Jon O. Newman
Watching The Judiciary Watch The Police, Jon O. Newman
Michigan Law Review
A Review of Police Practices and the Law: Essays from the Michigan Law ReviewThe University of Michigan Press
A Book Review With An Eye To Ethics, William H. Erickson
A Book Review With An Eye To Ethics, William H. Erickson
Michigan Law Review
A Review of The Best Defense by Alan M. Dershowitz
Punishment By Imprisonment: Placing Ideology Into Concrete, David A. Ward
Punishment By Imprisonment: Placing Ideology Into Concrete, David A. Ward
Michigan Law Review
A Review of Imprisonment in America: Choosing the Future by Michael Sherman and Gordon Hawkins
Troubling Questions: A Review Of The Decline Of The Rehabilitative Ideal, Sheldon L. Messinger
Troubling Questions: A Review Of The Decline Of The Rehabilitative Ideal, Sheldon L. Messinger
Michigan Law Review
A Review of The Decline of the Rehabilitative Ideal: Penal Policy and Social Purpose by Francis A. Allen
Berger's Defense Of The Death Penalty: How Not To Read The Constitution, Hugo Adam Bedau
Berger's Defense Of The Death Penalty: How Not To Read The Constitution, Hugo Adam Bedau
Michigan Law Review
A Review of Death Penalties: The Supreme Court's Obstacle Course by Raoul Berger
The Death Penalty In America, Michigan Law Review
The Death Penalty In America, Michigan Law Review
Michigan Law Review
A Review of The Death Penalty in America (Third Edition) by Hugo Adam Bedau
The Influence Of Modernization In Comparative Criminology, Marshall B. Clinard
The Influence Of Modernization In Comparative Criminology, Marshall B. Clinard
Michigan Law Review
A Review of Crime and Modernization by Louise Shelley, and Readings in Comparative Criminology edited by Louise Shelley
Exploring The Roots Of Our Criminal Justice Systems, Samuel Walker
Exploring The Roots Of Our Criminal Justice Systems, Samuel Walker
Michigan Law Review
A Review of The Roots of Justice by Lawrence M. Friedman and Robert V. Percival, and Conscience and Convenience by David Rothman
Reconstructing Reality In The Courtroom: Justice And Judgement In American Culture, Michigan Law Review
Reconstructing Reality In The Courtroom: Justice And Judgement In American Culture, Michigan Law Review
Michigan Law Review
A Review of Reconstructing Reality in the Courtroom: Justice and Judgement in American Culture by W. Lance Bennett and Martha S. Feldman
Reassessing The Role Of The Trial Judge In Verdictless Dispositions Of Criminal Cases, H. Richard Uviller
Reassessing The Role Of The Trial Judge In Verdictless Dispositions Of Criminal Cases, H. Richard Uviller
Michigan Law Review
A Review of The Passive Judiciary by Abraham S. Goldstein
Punishment Before Trial: An Organizational Perspective Of Felony Bail Processes, Michigan Law Review
Punishment Before Trial: An Organizational Perspective Of Felony Bail Processes, Michigan Law Review
Michigan Law Review
A Review of Punishment Before Trial: An Organizational Perspective of Felony Bail Processes by Roy B. Flemming
Vol. 31, No. 13, February 9, 1983, University Of Michigan Law School
Vol. 31, No. 13, February 9, 1983, University Of Michigan Law School
Res Gestae
•Clinic Crisis Spotlights Risks of Advocacy •U Policy Changing Faculty Guard •A Law Student Not Without Reservation •LSSS - Sandalow Negotiate Open Meetings •Law Partners Share the Experience •Notices •Placement Picture Less Than Gloomy •Forum •Soul and Shysters are LSSS B-Ball Champs •Remembering the Vietnam Veterans •Hundreds Found Hanging in Hutchins Hall •Law in the Raw
Briefs, University Of Michigan Law School
Briefs, University Of Michigan Law School
Law Quadrangle (formerly Law Quad Notes)
Lee Bollinger speaks at a national workshop on television and violent behavior; Yale Kamisar publishes essays in the volume Police Interrogation and Confessions: Essays in Law and Policy; Professor Joseph Sax appointed Philip A. Hart Distinguished Professorship of Law; notes on the Law Quadrangle's shape and architecture; Donald H. Regan recieves 1982 Franklin J. Machette Prize from the American Philosophical Association; Law School gets three new chairs, Professors James J. White, Jerold H. Israel, and John H. Jackson; List of visiting faculty
Criminal Law And The European Communities: Defining The Issues, Christine Van Den Wyngaert
Criminal Law And The European Communities: Defining The Issues, Christine Van Den Wyngaert
Michigan Journal of International Law
While the development of a common criminal justice policy lies more within the general objectives of the Council of Europe, of which all states composing the European Communities are members, there are nevertheless a number of problems which are specific to the Communities and which may call for a special response on their part. This article makes a short tour d'horizon of the different issues at stake and briefly describes the efforts which have been or are being undertaken to resolve them.
Ii. Annotated Bibliography, Michigan Journal Of International Law
Ii. Annotated Bibliography, Michigan Journal Of International Law
Michigan Journal of International Law
The following collection of annotations represents a sampling of the legal literature examining various aspects of criminal procedure in an international context. While special care has been taken to provide a representative sampling of works published between 1976 and 1981, a number of prominent pieces written prior to that five-year period have also been included.
Does (Did) (Should) The Exclusionary Rule Rest On A 'Principled Basis' Rather Than An 'Empirical Proposition'?, Yale Kamisar
Does (Did) (Should) The Exclusionary Rule Rest On A 'Principled Basis' Rather Than An 'Empirical Proposition'?, Yale Kamisar
Articles
[U]ntil the [exclusionary rule] rests on a principled basis rather than an empirical proposition, [the rule] will remain in a state of unstable equilibrium. Mapp v. Ohio, which overruled the then twelve-year-old Wolf case and imposed the fourth amendment exclusionary rule (the Weeks doctrine) on the states as a matter of fourteenth amendment due process, seemed to mark the end of an era. Concurring in Mapp, Justice Douglas recalled that Wolf had evoked "a storm of constitutional controversy which only today finds its end."' But in the two decades since Justice Douglas made this observation, the storm of controversy has …
Reflections On The Creation Of A Unified Criminal Law, Theo Vogler
Reflections On The Creation Of A Unified Criminal Law, Theo Vogler
Michigan Journal of International Law
Many commentators have pointed to the goal of creating a unified criminal law, accepted in all countries and accompanied by an international penal authority to secure its enforcement. It is easy to recognize the great advantages of a unified, global law. In the field of criminal law in particular, the compelling authority of a penal code would be much more persuasive to the individual citizen than today's criminal law, the proscriptions of which vary from state to state. The law appears arbitrary, generating exterior compliance but not true consent.
The Warren Court (Was It Really So Defense-Minded?), The Burger Court (Is It Really So Prosecution-Oriented?), And Police Investigatory Practices, Yale Kamisar
Book Chapters
In one sense the Warren Court's "revolution" in American criminal procedure may be said to. have been launched by the 1956 case of Griffin v. Illinois (establishing an indigent criminal defendant's right to a free transcript on appeal, at least under certain circumstances) and to have been significantly advanced by two 1963 cases: Gideon v. Wainwright (entitling an indigent defendant to free counsel, at least in serious criminal cases) and Douglas v. California (requiring a state to provide an indigent with counsel on his first appeal from a criminal conviction). But these were not the cases that plunged the Warren …