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Full-Text Articles in Law
The Romance Of Revenge: Capital Punishment In America, Samuel R. Gross
The Romance Of Revenge: Capital Punishment In America, Samuel R. Gross
Articles
On February 17, 1992, Jeffrey Dahmer was sentenced to 15 consecutive terms of life imprisonment for killing and dismembering 15 young men and boys (Associated Press 1992a). Dahmer had been arrested six months earlier, on July 22, 1991. On January 13 he pled guilty to the fifteen murder counts against him, leaving open only the issue of his sanity. Jury selection began two weeks later, and the trial proper started on January 30. The jury heard two weeks of testimony about murder, mutilation and necrophilia; they deliberated for 5 hours before finding that Dahmer was sane when he committed these …
Rethinking Guild, Juries, And Jeopardy, George C. Thomas Iii, Barry S. Pollack
Rethinking Guild, Juries, And Jeopardy, George C. Thomas Iii, Barry S. Pollack
Michigan Law Review
We have attempted in this article to "begin over again and concentrate" by taking a fresh look at the interplay between guilt and jury verdicts. Somewhat to our surprise, we discovered that guilt is undefinable without reference to the larger society. We also discovered that our risk-of-error experiments implicated the principle of double jeopardy. When we began this thought experiment, we intended only to test the risk of error in various jury configurations and verdicts. We ended, however, by articulating a more fundamental principle: guilt is nothing more, and nothing less, than the judgment of society. Any verdict that accurately …
Commentary By Co-Defendant's Counsel On Defendant's Refusal To Testify: A Violation Of The Privilege Against Self-Incrimination?, Martin D. Litt
Commentary By Co-Defendant's Counsel On Defendant's Refusal To Testify: A Violation Of The Privilege Against Self-Incrimination?, Martin D. Litt
Michigan Law Review
Currently, the circuits are divided on whether comments by co-defendants' counsel on a defendant's silence impair that defendant's fifth amendment rights. Furthermore, among the circuits that regard such commentary as potentially prejudicial, disagreement exists over the proper test for identifying such comments. This Note asserts that the risk of prejudicing a defendant's fifth amendment rights is too great to allow counsel any comment on a defendant's decision to testify or to remain silent.
Part I of this Note examines the historical evolution of the privilege against self-incrimination and the policy goals behind the privilege. The Note argues that prohibiting comments …
Hardly The Trial Of The Century, Franklin E. Zimring
Hardly The Trial Of The Century, Franklin E. Zimring
Michigan Law Review
A Review of A Crime of Self-Defense: Bernhard Goetz and the Law on Trial by George P. Fletcher
A Retrospective On The Criminal Trial Jury, 1200-1800, Thomas A. Green
A Retrospective On The Criminal Trial Jury, 1200-1800, Thomas A. Green
Book Chapters
My recent book provided an overview of the history of the institutional aspects of the English criminal trial jury upon which all of the contributors to this volume have, tacitly or otherwise, commented. That tentative institutional background was intended both to stand on its own terms and to provide a framework for the studies on the relationship between law and society and on the history of ideas regarding the jury that made up the larger part of the volume. The two aspects of my book were joined: the socio-legal analysis and the history of ideas were to a large extent …
The Lindbergh Kidnapping Revisited, John F. Keenan
The Lindbergh Kidnapping Revisited, John F. Keenan
Michigan Law Review
A Review of The Airman and the Carpenter: The Lindbergh Kidnapping and the Framing of Richard Hauptmann by Ludovic Kennedy
Conscience And The Law: The English Criminal Jury, Robert C. Palmer
Conscience And The Law: The English Criminal Jury, Robert C. Palmer
Michigan Law Review
A Review of Verdict According to Conscience by Thomas Andrew Green
Euthanasia For Sale?, A.W. Brian Simpson
Euthanasia For Sale?, A.W. Brian Simpson
Michigan Law Review
A Review of Easing the Passing: The Trial of Dr. John Bodkin Adams by Patrick Devlin
The Trials Of Israel Lipski, Blaine G. Renfert
The Trials Of Israel Lipski, Blaine G. Renfert
Michigan Law Review
A Review of The Trials of Israel Lipski by Martin L. Friedland
Cannibalism And The Common Law: The Story Of The Tragic Last Voyage Of The Mignonette And The Strange Legal Proceedings To Which It Gave Rise, Michigan Law Review
Cannibalism And The Common Law: The Story Of The Tragic Last Voyage Of The Mignonette And The Strange Legal Proceedings To Which It Gave Rise, Michigan Law Review
Michigan Law Review
A Review of Cannibalism and the Common Law: The Story of the Tragic Last Voyage of the Mignonette and the Strange Legal Proceedings to Which it Gave Rise by A.W. Brian Simpson
Tightening The Reins Of Justice In America: A Comparative Analysis Of The Criminal Jury I England And The United States, Michigan Law Review
Tightening The Reins Of Justice In America: A Comparative Analysis Of The Criminal Jury I England And The United States, Michigan Law Review
Michigan Law Review
A Review of Tightening the Reins of Justice in America: A Comparative Analysis of the Criminal Jury I England and the United States by Michael H. Graham
The Jury, Seditious Libel And The Criminal Law, Thomas A. Green
The Jury, Seditious Libel And The Criminal Law, Thomas A. Green
Book Chapters
The seditious libel trials of the eighteenth century constitute an important chapter in the history of freedom of the press and the growth of democratic government. While much has been written about the trials and about the administration of the criminal law in eighteenth-century England, little has been said about the relationship between the libel prosecutions and the more pervasive and long-standing problems of the criminal law. We have perhaps gone too far in positing-or simply assuming-a separation between political high misdemeanors and common-run felony cases such as homicide and theft. For there were points of contact between the two: …
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
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
The Assassination Attempt, Yale Kamisar
The Assassination Attempt, Yale Kamisar
Articles
From the moment the would-be assassin opened fire until many days after he was found not guilty by reaaon of insanity, the press was fascinated by the case. The very same day that it reported the assassination attempt "in the open street, and in the broad face of day," the Times considered but quickly dismissed the possibility of insanity: "The defndant's purpose was carried out with the most cold-blooded determination. . . . His demeanor throughout was cool and collected, nor did there appear any evidence of insanity." When, several days later, it became plain that the defendant was indeed …
Pretrial Diversion: The Premature Quest For Recognition, Raymond T. Nimmer, Patricia Ann Krauthaus
Pretrial Diversion: The Premature Quest For Recognition, Raymond T. Nimmer, Patricia Ann Krauthaus
University of Michigan Journal of Law Reform
Pretrial diversion has been one of the most enthusiastically promoted criminal justice reforms of recent years. There are more than forty well-funded diversion programs in operation dealing with more than 10,000 criminal defendants each year. Three federal commissions have referred favorably to diversion and grant programs of both the Justice Department and the Department of Labor which have actively fostered the creation and expansion of diversion programs. Several states are considering legislation to establish diversion as a formal element of the criminal justice system and federal legislation is currently pending. Many advocates of diversion claim that the concept has been …
Societal Concepts Of Criminal Liability For Homicide In Medieval England, Thomas A. Green
Societal Concepts Of Criminal Liability For Homicide In Medieval England, Thomas A. Green
Articles
THE early history of English criminal law lies hidden behind the laconic formulas of the rolls and law books. The rules of the law, as expounded by the judges, have been the subject of many studies; but their practical application in the courts, where the jury of the community was the final and unbridled arbiter, remains a mystery: in short, we know little of the social mores regarding crime and crimi- nals. This study represents an attempt to delineate one major aspect of these societal attitudes. Its thesis is that from late Anglo-Saxon times to the end of the middle …
Abstracts, Katherine Kempfer
Abstracts, Katherine Kempfer
Michigan Law Review
The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Statutory Abolition Of Defense Of Insanity In Criminal Cases, John R. Rood
Statutory Abolition Of Defense Of Insanity In Criminal Cases, John R. Rood
Articles
The great lengths to which the defense of insanity has been carried in homicide cases has induced numerous legislative attempts to abolish the evil; and the fate which such legislation has met and deserves at the hands of the courts is a matter of considerable interest.