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Articles 1681 - 1694 of 1694
Full-Text Articles in Entire DC Network
Attorney Loyalty And Client Perjury - A Postscript To Nix V. Whiteside, Bennett L. Gershman
Attorney Loyalty And Client Perjury - A Postscript To Nix V. Whiteside, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
How much, if at all, can a criminal defense lawyer cooperate in his or her client's decision to commit perjury? Courts, commentators, and bar committees have grappled with this question for years without offering clear or consistent guidelines. Any principled response must take into account some very hard questions. Under what circumstances, for instance, does the lawyer ever really "know" that his client's proposed testimony is false? Is it sufficient if the lawyer simply disbelieves his client's story, or that of his client's witnesses? Does it make any difference if the attorney learns of a plan to perjure during the …
"Guilty But Mentally Ill": The Real Verdict Is Guilty, Linda C. Fentiman
"Guilty But Mentally Ill": The Real Verdict Is Guilty, Linda C. Fentiman
Elisabeth Haub School of Law Faculty Publications
This article will first explore the reasons for the controversy over the insanity defense to provide insights, both historical and contemporary, into the purposes and functions of that defense. A brief examination will be made of judicial decisions in the last twenty years, which have largely, but not completely, eliminated the distinctions drawn historically between the "civilly" and "criminally" mentally ill. The article will then examine the growing numbers of "Guilty But Mentally Ill" (GBMI) laws, with some emphasis upon the Michigan statute as the archetypal GBMI law. It will be argued that the GBMI laws are fatally flawed in …
Justice, Mercy, And Craziness, Stephen J. Morse
Justice, Mercy, And Craziness, Stephen J. Morse
All Faculty Scholarship
No abstract provided.
The Philippines: A Country In Crisis - A Report By Lawyers Committee For International Human Rights, Diane Orentlicher, Marvin E. Frankel, Jack Greenberg
The Philippines: A Country In Crisis - A Report By Lawyers Committee For International Human Rights, Diane Orentlicher, Marvin E. Frankel, Jack Greenberg
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Entrapment, Shocked Consciences, And The Staged Arrest, Bennett L. Gershman
Entrapment, Shocked Consciences, And The Staged Arrest, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
This Article discusses the relatively spare and unsettled case law relating to the staged arrest, reflected primarily in United States v. Archer and Nigrone v. Murtagh. Part III of this Article examines the defense of entrapment, one of the most confusing and controversial legal doctrines, and its application to the staged arrest. Because the staged arrest ineluctably raises questions of offensive government conduct that neither constitutes unlawful entrapment nor invades any independent rights of citizens, part IV considers the analysis of courts that have invoked the due process clause to limit government investigations. In view of the failure of these …
The Juvenile Offender Act: Effectiveness And Impact On The New York Juvenile Justice System, Merril Sobie
The Juvenile Offender Act: Effectiveness And Impact On The New York Juvenile Justice System, Merril Sobie
Elisabeth Haub School of Law Faculty Publications
The Juvenile Offender Act of 1978 incorporates the most radical and perhaps the most controversial amendments to New York's juvenile delinquency statutes in several decades. For the first time since 1909, children accused of committing serious offenses are subject to prosecution in the criminal courts. The gradual decriminalization of delinquency, which began a century and a half ago, has been reversed. This report analyzes and evaluates the Act and its implementation. The first two sections summarize the historical development of juvenile delinquency legislation and compare present New York provisions to those in other states. Sections III and IV will evaluate …
No Habeas Corpus For The Guilty, Michelle W. Ghetti
No Habeas Corpus For The Guilty, Michelle W. Ghetti
Michelle W. Ghetti
This article discusses whether habeas corpus relief should be provided to a defendant when there is no question as to his or her guilt.
The "Perjury Trap", Bennett L. Gershman
The "Perjury Trap", Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
It is the aim of the present Article, first, to explore the boundaries of legitimate grand jury interrogation as it bears on the subject of perjury and, second, to formulate guidelines that strike a balance between the needs of the investigatory process and the rights of witnesses.
Due Process Versus Data Processing: An Analysis Of Computerized Criminal History Information Systems, Donald L. Doernberg
Due Process Versus Data Processing: An Analysis Of Computerized Criminal History Information Systems, Donald L. Doernberg
Elisabeth Haub School of Law Faculty Publications
Based on their empirical study of New York's computerized criminal history information system and on their national surveys of similar systems, Professors Doernberg and Zeigler conclude that current regulations governing the dispersion of criminal history information are grossly inadequate. Although information drawn from computerized criminal history files is often inaccurate, incomplete, or inappropriate, that information is routinely used by criminal justice officials and judges to make decisions affecting defendants'liberty. The authors argue that this practice is unconstitutional and suggest ways to regulate criminal history information suystems that would protect a defendant's right not to be deprived of liberty without due …
Harmless Error: Constitutional Sneak Thief, Steven H. Goldberg
Harmless Error: Constitutional Sneak Thief, Steven H. Goldberg
Elisabeth Haub School of Law Faculty Publications
"Harmless constitutional error" is among the most insidious of legal doctrines. Since its promulgation by the United States Supreme Court in Chapman v. California, it has determined as many criminal appeals as have some of the more well-known and hotly debated decisions of the 1960s. Despite the frequency of its use in determining criminal appeals-possibly as high as ten percent of all criminal appeals during the last thirteen years it has received comparatively little critical attention. The reason for the inattention? It's a sneak thief. Its appearance does not raise apprehension, and its application does not leave concentrated areas of …
Ordered Liberty: Cardozo And The Constitution, John T. Noonan Jr.
Ordered Liberty: Cardozo And The Constitution, John T. Noonan Jr.
Cardozo Law Review
No abstract provided.
A Behavioral Analysis Of Legal Intent, Ira P. Robbins, Harvey J. Sepler
A Behavioral Analysis Of Legal Intent, Ira P. Robbins, Harvey J. Sepler
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Twilight Of Welfare Criminology, Stephen J. Morse
The Twilight Of Welfare Criminology, Stephen J. Morse
All Faculty Scholarship
No abstract provided.
Federal Habeas Corpus--The Search For A Solution To The Prematurity Concept, Bruce G. Berner
Federal Habeas Corpus--The Search For A Solution To The Prematurity Concept, Bruce G. Berner
Bruce G. Berner
No abstract provided.