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Criminal Law

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1984

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Articles 1 - 30 of 119

Full-Text Articles in Law

The Rico Nexus Requirement: A "Flexible" Linkage, Michigan Law Review Dec 1984

The Rico Nexus Requirement: A "Flexible" Linkage, Michigan Law Review

Michigan Law Review

This Note argues that the RICO "nexus" requirement can be interpreted to limit effectively this overbroad use of RICO without emasculating the statute. The "nexus requirement" is generally described as defining the word "through" in section 1962(c), the provision of RICO that makes it illegal to "conduct or participate, directly or indirectly, in the conduct of [an] enterprise's affairs through a pattern of racketeering activity." This language establishes the necessity of proving a relationship between the enterprise and the racketeering. Once evidence of the alleged enterprise and the predicate racketeering acts has been submitted, the final element of proof must …


Criminal Prosecution Of Bank Personnel Under The Misapplication Statute: The Proper Mens Rea Standard For Establishing Intent, William J. Holley, Ii Nov 1984

Criminal Prosecution Of Bank Personnel Under The Misapplication Statute: The Proper Mens Rea Standard For Establishing Intent, William J. Holley, Ii

Vanderbilt Law Review

This Recent Development advocates legislative adoption of a new Misapplication Statute as a long range solution to the courts'continued debate over the appropriate mens rea standard and judicial adoption of a uniform approach as a short run alternative. Part II of this Recent Development traces the various mens rea standards that courts have applied under the Misapplication Statute. Part III discusses the current confusion over the appropriate section 656 mens rea standard by looking at three recent circuit court decisions.' Part IV advocates the adoption of a new Misapplication Statute similar to the approach that the National Com-mission on Reform …


The Crime Control Act Of 1968 And Cordless Telephones: State V. Howard, Scott C. Smith Nov 1984

The Crime Control Act Of 1968 And Cordless Telephones: State V. Howard, Scott C. Smith

BYU Law Review

No abstract provided.


Confidential Informants: When Crime Pays, Milton Hirsch Nov 1984

Confidential Informants: When Crime Pays, Milton Hirsch

University of Miami Law Review

No abstract provided.


Supreme Court's Treatment Of Open Fields: A Comment On Oliver And Thornton, Barbara Rockhill Edwards Oct 1984

Supreme Court's Treatment Of Open Fields: A Comment On Oliver And Thornton, Barbara Rockhill Edwards

Florida State University Law Review

No abstract provided.


Chapter 39, The Florida Juvenile Justice Act: From Juvenile To Adult With The Stroke Of A Pen, Sue Carter Oct 1984

Chapter 39, The Florida Juvenile Justice Act: From Juvenile To Adult With The Stroke Of A Pen, Sue Carter

Florida State University Law Review

No abstract provided.


"The Laws Are Like Cobwebs": Popular Resistance To Authority In Mid-Nineteenth Century British North America, Michael S. Cross Oct 1984

"The Laws Are Like Cobwebs": Popular Resistance To Authority In Mid-Nineteenth Century British North America, Michael S. Cross

Dalhousie Law Journal

The three men began their work on the morning of 26 January 1850. They were in the snowy street of the village of St.-Grrgoire le Grand, on the St. Lawrence south shore, to assess the population for school taxes. Hardly had they begun when they were confronted by a mob of three hundred angry men who ordered them to stop, tore up and burned their assessment books, and warned them not to attempt to carry out the government's work. A week later, on 2 February, the assessors went to the grand jury of the Court of Queen's Bench at Trois …


Jailbirds In Mid-Victorian Halifax, Judith Fingard Oct 1984

Jailbirds In Mid-Victorian Halifax, Judith Fingard

Dalhousie Law Journal

The social history of crime and criminal justice in the nineteenth century has recently tended to emphasize two themes: first, attitudes towards crime and punishment, and the administrative reforms of institutions which grew out of those attitudes; second, the nature of criminality, particularly of serious crime and long-term trends, as revealed in case studies of offences in particular localities, including computer-based, statistical profiles of criminal populations. Both these approaches have their strengths, but it must be recognized that they are heavily weighted in favour of the theoretical, the institutional, and the statistical; they are also predominantly concerned with the view …


The Challenge Of Computer-Crime Legislation: How Should New York Respond?, Amalia M. Wagner Oct 1984

The Challenge Of Computer-Crime Legislation: How Should New York Respond?, Amalia M. Wagner

Buffalo Law Review

No abstract provided.


An Insider's Perspective On The Significance Of The German Criminal Theory's General System For Analyzing Criminal Acts; Foreign Law, Wolfgang Naucke Sep 1984

An Insider's Perspective On The Significance Of The German Criminal Theory's General System For Analyzing Criminal Acts; Foreign Law, Wolfgang Naucke

BYU Law Review

No abstract provided.


Criminal Procedure—Search Warrants—The Totality Of The Circumstances Test For Determination Of Probable Cause Is Adopted, Nancy Jane Willbanks Jul 1984

Criminal Procedure—Search Warrants—The Totality Of The Circumstances Test For Determination Of Probable Cause Is Adopted, Nancy Jane Willbanks

University of Arkansas at Little Rock Law Review

No abstract provided.


A Day Of Reckoning Is Near: Rico, Treble Damages, And Securities Fraud Jun 1984

A Day Of Reckoning Is Near: Rico, Treble Damages, And Securities Fraud

Washington and Lee Law Review

No abstract provided.


Corporate Criminal Liability For Specfic Intent Crimes And Offenses Of Criminal Negligence - The Direction Of Texas Law., Linda C. Anderson Jun 1984

Corporate Criminal Liability For Specfic Intent Crimes And Offenses Of Criminal Negligence - The Direction Of Texas Law., Linda C. Anderson

St. Mary's Law Journal

Abstract Forthcoming.


A Proposed Definiton Of Reasonable Doubt And The Demise Of The Circumstantial Evidence Charge Following Hankins V. State., Jacquelyn L. Bain Jun 1984

A Proposed Definiton Of Reasonable Doubt And The Demise Of The Circumstantial Evidence Charge Following Hankins V. State., Jacquelyn L. Bain

St. Mary's Law Journal

Abstract Forthcoming.


People Of The State Of Illinois Vs. John Gacy: The Functioning Of The Insanity Defense At The Limits Of The Criminal Law, Donald H.J. Herman, Helen L. Morrison, Yvonne Sor, Julie A. Norman, David M. Neff Jun 1984

People Of The State Of Illinois Vs. John Gacy: The Functioning Of The Insanity Defense At The Limits Of The Criminal Law, Donald H.J. Herman, Helen L. Morrison, Yvonne Sor, Julie A. Norman, David M. Neff

West Virginia Law Review

No abstract provided.


Compensation For Victims Of Crime: Trends And Outlooks, Richard Murphy May 1984

Compensation For Victims Of Crime: Trends And Outlooks, Richard Murphy

Dalhousie Law Journal

Modem day western society has only recently begun to pay attention to the plight of the innocent victims of crime. Statutes have been enacted to provide financial compensation to a victim, his dependents or someone responsible for his maintenance, for the suffering and losses that invariably follow from acts of violence. The two basic aims of compensation have been identified as the need to sustain public trust (in that societies core values should be protected) and the desire to demonstrate a concern for individual rights and well being.1 In this paper I shall examine the historical outlook on these compensation …


A Second Look At The North Carolina Fair Sentencing Act, Richard J. Anderson Apr 1984

A Second Look At The North Carolina Fair Sentencing Act, Richard J. Anderson

North Carolina Central Law Review

No abstract provided.


Book Reviews, David E. Kendall Apr 1984

Book Reviews, David E. Kendall

Vanderbilt Law Review

The "violent human-interest story,"" that is, the crime story,has always been a great popular favorite: it is "news which appeals to the average person as the most interesting and exciting in the paper and on television."' In the past two decades, reporting on crime and the criminal justice process has ensnarled the press in a number of running battles with the courts. J. Edward Gerald's News of Crime: Courts and Press in Conflict recounts some of these conflicts. Gerald, who has taught journalism at a number of different universities, assays a short history of the controversies over prejudicial pretrial publicity, …


The Nonsupport Contempt Hearing: A Survey And Analysis Of Florida Law, Ross C. Hering Apr 1984

The Nonsupport Contempt Hearing: A Survey And Analysis Of Florida Law, Ross C. Hering

Florida State University Law Review

No abstract provided.


The Inventory Search And The Arrestee's Privacy Expectation, John M. Wray Apr 1984

The Inventory Search And The Arrestee's Privacy Expectation, John M. Wray

Indiana Law Journal

No abstract provided.


Vii. Criminal Law & Procedure Mar 1984

Vii. Criminal Law & Procedure

Washington and Lee Law Review

No abstract provided.


Criminal Justice In Colonial America, 1606-1660, Michigan Law Review Feb 1984

Criminal Justice In Colonial America, 1606-1660, Michigan Law Review

Michigan Law Review

A Review of Criminal Justice in Colonial America, 1606-1660 by Bradley Chapin


Capital Punishment: Criminal Law And Social Evolution, Michigan Law Review Feb 1984

Capital Punishment: Criminal Law And Social Evolution, Michigan Law Review

Michigan Law Review

A Review of Capital Punishment: Criminal Law and Social Evolution by Jan Gorecki


The Home Front: Notes From The Family War Zone, Michigan Law Review Feb 1984

The Home Front: Notes From The Family War Zone, Michigan Law Review

Michigan Law Review

A Review of The Home Front: Notes from the Family War Zone by Louise Armstrong


Court Reform From Bail To Jail, Wade H. Mccree Jr. Feb 1984

Court Reform From Bail To Jail, Wade H. Mccree Jr.

Michigan Law Review

A Review of Court Reform on Trial: Why Simple Solutions Fail by Malcolm M. Feeley


Testing The Limits Of Law Enforcement, James J. Fyfe Feb 1984

Testing The Limits Of Law Enforcement, James J. Fyfe

Michigan Law Review

A Review of The Limits of Law Enforcement by Hans Zeisel


Tightening The Reins Of Justice In America: A Comparative Analysis Of The Criminal Jury I England And The United States, Michigan Law Review Feb 1984

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 Insanity Plea: The Uses And Abuses Of The Insanity Defense, Michigan Law Review Feb 1984

The Insanity Plea: The Uses And Abuses Of The Insanity Defense, Michigan Law Review

Michigan Law Review

A Review of The Insanity Plea: The Uses and Abuses of the Insanity Defense by William J. Winslade and Judith Wilson Ross


The Hardest Drug: Heroin And Public Policy, Michigan Law Review Feb 1984

The Hardest Drug: Heroin And Public Policy, Michigan Law Review

Michigan Law Review

A Review of The Hardest Drug: Heroin and Public Policy by John Kaplan


Equality, "Anisonomy," And Justice: A Review Of Madness And The Criminal Law, Andrew Von Hirsch Feb 1984

Equality, "Anisonomy," And Justice: A Review Of Madness And The Criminal Law, Andrew Von Hirsch

Michigan Law Review

A Review of Madness and the Criminal Law by Norval Morris