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Articles 1 - 30 of 106
Full-Text Articles in Law
Survey Of Developments In West Virginia Law: 1980
Survey Of Developments In West Virginia Law: 1980
West Virginia Law Review
No abstract provided.
Criminal Law, Joseph J. Drolet
Criminal Law, Joseph J. Drolet
Mercer Law Review
Criminal law and procedure took some interesting and curious turns during the period of this survey. This article will first cover some of the most novel and notable case decisions of the year. Then a summary will be given of the changes wrought by the 1980 Georgia General Assembly. Finally, some of the recent trends in case law handed down by Georgia's appellate courts will be discussed.
Recent Amendments To The Texas Child Abuse Statutes: An Analysis And Recommendation., Antoinette M. Pollock
Recent Amendments To The Texas Child Abuse Statutes: An Analysis And Recommendation., Antoinette M. Pollock
St. Mary's Law Journal
Each year approximately one million children experience abuse by their parents and more than two thousand die as a result of injuries suffered. Drafters of child abuse legislation face the difficult task of accommodating the rights of parent and child, while ensuring the necessary exercise of state authority. In view of the delicate balancing of interests involved, child protection laws must be extensive and detailed in order to withstand constitutional challenge. The Sixty-sixth session of the Texas Legislature amended the child abuse section of the Texas Family Code. The Texas Family Code, as amended, is now capable of withstanding constitutional …
Specific Performance Of "Unfulfillable" Plea Bargains, Stuart L. Gasner
Specific Performance Of "Unfulfillable" Plea Bargains, Stuart L. Gasner
University of Michigan Journal of Law Reform
This article discusses how courts have handled the remedy dilemma presented by unfulfillable plea bargains. Part I analyzes the seminal Supreme Court opinion on the broken plea bargain question, Santobello v. New York. This section concludes that choice-of-remedy is not entirely a matter of lower court discretion. Rather, Santobello delegates to lower courts the authority to develop a law of remedies which conforms to the underlying principles of that decision. Part I also focuses on what courts have done with this mandate, discussing the elements of decision courts have developed to remedy unfulfillable plea bargains. Finally, Part II suggests …
Criminal Trials In Absentia: A Proposed Reform For Indiana, Myra L. Willis
Criminal Trials In Absentia: A Proposed Reform For Indiana, Myra L. Willis
Indiana Law Journal
No abstract provided.
United States V. Henry, 100 S. Ct. 2183 (1980), Paula Walborsky
United States V. Henry, 100 S. Ct. 2183 (1980), Paula Walborsky
Florida State University Law Review
Criminal Law-RECRUITED GOVERNMENT INFORMANTS: WHEN DOES THE RIGHT TO COUNSEL ATTACH?
State V. Pinder, 375 So. 2d 836 (Fla. 1979), Lesley J. Friedsam
State V. Pinder, 375 So. 2d 836 (Fla. 1979), Lesley J. Friedsam
Florida State University Law Review
Criminal Law-DOUBLE JEOPARDY-AN EXAMINATION OF SENTENCING IN FLORIDA FOR THE UNDERLYING FELONY IN A FELONY MURDER CASE AFTER Whalen v. United States
Drugs And Criminal Responsibility, Edward H. Benton, Andrew Bor, William H. Leech, Joyce A. Levy, Samuel D. Lipshie, Thomas B. Mitchell, Gary M. Brown
Drugs And Criminal Responsibility, Edward H. Benton, Andrew Bor, William H. Leech, Joyce A. Levy, Samuel D. Lipshie, Thomas B. Mitchell, Gary M. Brown
Vanderbilt Law Review
This Special Project has carried out three broad purposes.First, it has synthesized and organized materials concerning drugs and criminal responsibility into a useful guide for legal practitioners and others interested in the problems of the drug dependent defendant. Second, it has identified serious analytical flaws in many of the defenses available to the criminal defendant. Finally,it has responded to these deficiencies with proposals intended to protect not only the legal rights of the drug dependent defendant but also the rights of society pertaining to criminal justice. While these societal interests include the swift imposition of criminal penalties when warranted, they …
The Jurisprudence Of Larceny:An Historical Inquiry And Interest Analysis, Kathleen F. Brickey
The Jurisprudence Of Larceny:An Historical Inquiry And Interest Analysis, Kathleen F. Brickey
Vanderbilt Law Review
This Article tenders such a reconstruction and develops the theory that ownership, rather than possession, was the legal interest protected by common-law larceny. The theory is derived from analysis of the content of early theft law and the procedural forms through which property rights were vindicated.
Incapacitating The Habitual Criminal: The English Experience, Sir Leon Radzinowicz, Roger Hood
Incapacitating The Habitual Criminal: The English Experience, Sir Leon Radzinowicz, Roger Hood
Michigan Law Review
In this Article, Sir Leon Radzinowicz and .Dr. Roger Hood trace 150 years of unsuccessful English efforts to identify, sentence, and reform habitual criminal offenders. The Supreme Court's recent decision in Rummel v. Estelle has publicized habitual offender statutes in the United States. But Rummel primarily addressed the constitutionality, rather than the desirability, of a state habitual offender statute. This Article examines the broader policy questions common to habitual offender programs in both the United Stales and Great Britain. It describes the tension between liberal tradition and the state's desire to incapacitate those who repeatedly threaten life or property.
An Application Of Double Jeopardy And Collateral Estoppel Principles To Successive Prison Disciplinary And Criminal Prosecutions, Joseph S. Colussi
An Application Of Double Jeopardy And Collateral Estoppel Principles To Successive Prison Disciplinary And Criminal Prosecutions, Joseph S. Colussi
Indiana Law Journal
No abstract provided.
Court-Ordered Community Service In Criminal Law: The Continuing Tyranny Of Benevolence?, Alan T. Harland
Court-Ordered Community Service In Criminal Law: The Continuing Tyranny Of Benevolence?, Alan T. Harland
Buffalo Law Review
No abstract provided.
The Impact Of Common Law And Reform Rape Statutes On Prosecution: An Empirical Study, Wallace D. Loh
The Impact Of Common Law And Reform Rape Statutes On Prosecution: An Empirical Study, Wallace D. Loh
Washington Law Review
In July 1975, riding the crest of the national reform movement, the Washington State legislature enacted a new rape law that repealed a centenarian, common law-based statute. This article presents the results of an empirical study of the effects of the common law and reform rape statutes on prosecution in King County (Seattle), Washington, and assesses the implications of the findings for the law of rape and for prosecutorial discretion in the charging of rape. To the extent that definitional elements of the new Washington law have parallels in reform statutes of other states, and the statistical profile of the …
Mandatory Life Imprisonment Under Texas Recidivist Statute Not Violative Of Eighth Amendment When Applied To One Convicted Of Three Non-Violent, Property-Related Felonies., Patricia E. Rant
St. Mary's Law Journal
Abstract Forthcoming.
Criminal Law—Mandatory Jail Sentences: An Effective Solution To The Drunk Driver Crisis?—Wash. Rev. Code § 46.61.515 (1979), John T. Oliver
Criminal Law—Mandatory Jail Sentences: An Effective Solution To The Drunk Driver Crisis?—Wash. Rev. Code § 46.61.515 (1979), John T. Oliver
Washington Law Review
In 1979 the Washington Legislature amended the drunk driver statute to prescribe a minimum mandatory one-day jail sentence. This sanction is an inappropriate response to the existing crisis of intoxicated drivers on state roads and highways. It is unlikely that the mandatory jail term will be more than marginally effective as a deterrent to drunk driving; this sanction has not previously proven effective as a deterrent for the offense of driving while intoxicated (DWI). Moreover, the amended statute is likely to create substantial practical problems. By restricting the flexibility of the criminal justice system and increasing the likelihood that offenders …
Survey Of Developments In West Virginia Law: 1979
Survey Of Developments In West Virginia Law: 1979
West Virginia Law Review
No abstract provided.
Commentary--The Federal Criminal Code Reform Act And New Sentencing Alternatives, Edward M. Kennedy
Commentary--The Federal Criminal Code Reform Act And New Sentencing Alternatives, Edward M. Kennedy
West Virginia Law Review
No abstract provided.
The Racketeer Influenced And Corrupt Organizations Act: An Analysis Of The Confusion In Its Application And A Proposal For Reform, Whitney L. Schmidt
The Racketeer Influenced And Corrupt Organizations Act: An Analysis Of The Confusion In Its Application And A Proposal For Reform, Whitney L. Schmidt
Vanderbilt Law Review
This Note will first discuss the technical elements of a RICO violation and set forth the four separate crimes that constitute the statute's central provisions. After then examining RICO's crucial statutory definitions and the confusion reflected in their application, this Note will evaluate the various judicial interpretations of the statute and propose a solution for amending the statute that is harmonious with legislative intent and accommodates the needs of both society and the individual.
For Capital Punishment, Michigan Law Review
For Capital Punishment, Michigan Law Review
Michigan Law Review
A Book Notice about For Capital Punishment by Walter Berns
Recent Publications, Unidentified Author
Recent Publications, Unidentified Author
Vanderbilt Law Review
Beating a Rap? Defendants Found Incompetent to Stand Trial
In this book, Henry Steadman, Director of the Special Projects Research Unit of the New York State Department of Mental Hygiene, addresses the common suspicion that defense attorneys enable their clients to escape criminal charges by having the clients declared incompetent to stand trial. Such suspicion, he argues, results both from public confusion over the legal and psychiatric issues in a competency hearing and from a lack of understanding (even among experts) about the practical results that flow from a determination of incompetency.
Law and Order in American History Edited by …
Involuntary Intoxication Is A Defense In Texas., Lewis Buttles
Involuntary Intoxication Is A Defense In Texas., Lewis Buttles
St. Mary's Law Journal
Abstract Forthcoming.
Career Criminal Prosecution: Potential Objectives, Peter W. Greenwood
Career Criminal Prosecution: Potential Objectives, Peter W. Greenwood
Journal of Criminal Law and Criminology
No abstract provided.
Selection Criteria For Career Criminal Programs, Kristen M. Williams
Selection Criteria For Career Criminal Programs, Kristen M. Williams
Journal of Criminal Law and Criminology
No abstract provided.
Symposium On The Career Criminal Program--Prologue, Marvin E. Wolfgang
Symposium On The Career Criminal Program--Prologue, Marvin E. Wolfgang
Journal of Criminal Law and Criminology
No abstract provided.
Fighting Crime: The Problem Of Adolescents, Barbara Boland
Fighting Crime: The Problem Of Adolescents, Barbara Boland
Journal of Criminal Law and Criminology
No abstract provided.
Problems With Existing Prediction Studies And Future Research Needs, Leslie T. Wilkins
Problems With Existing Prediction Studies And Future Research Needs, Leslie T. Wilkins
Journal of Criminal Law and Criminology
No abstract provided.
Preindictment Prosecutorial Conduct In The Federal System, James F. Holderman
Preindictment Prosecutorial Conduct In The Federal System, James F. Holderman
Journal of Criminal Law and Criminology
No abstract provided.
Liability Of Government-Appointed Attorneys In State Tort Actions, Patricia B. Carlson
Liability Of Government-Appointed Attorneys In State Tort Actions, Patricia B. Carlson
Journal of Criminal Law and Criminology
No abstract provided.