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Articles 31 - 60 of 92

Full-Text Articles in Law

Sexual Battery: Mixed-Signal Legislation Reveals Need For Further Reform, Barbara Fromm Jan 1991

Sexual Battery: Mixed-Signal Legislation Reveals Need For Further Reform, Barbara Fromm

Florida State University Law Review

No abstract provided.


Are New Procedures Correction Enough For Florida's Child Abuse Registry Statute?, Walter E. Forehand Jan 1991

Are New Procedures Correction Enough For Florida's Child Abuse Registry Statute?, Walter E. Forehand

Florida State University Law Review

No abstract provided.


To See Or Not To See The Defendant: Expanding The Use Of Florida's Special Procedures For Taking The Testimony Of Witnesses, Glenn F. Lang Jan 1991

To See Or Not To See The Defendant: Expanding The Use Of Florida's Special Procedures For Taking The Testimony Of Witnesses, Glenn F. Lang

Florida State University Law Review

No abstract provided.


Teeth For A Paper Tiger: A Proposal To Add Enforceability To Florida's Hate Crimes Act, Marc L. Fleischauer Apr 1990

Teeth For A Paper Tiger: A Proposal To Add Enforceability To Florida's Hate Crimes Act, Marc L. Fleischauer

Florida State University Law Review

No abstract provided.


Religious Accommodation And Criminal Liability, Christine A. Clark Apr 1990

Religious Accommodation And Criminal Liability, Christine A. Clark

Florida State University Law Review

Florida's religious accommodation statute leads some parents to believe that they are free to rely on spiritual healing in lieu of medical treatment for their ill children. However, the statute fails to protect these parents in a criminal prosecution arising from their children's deaths. The author of this Article describes the various types of accommodation statutes, analyzes a recent prosecution, and concludes that such prosecutions are unconstitutional. The author also proposes revisions to Florida's law designed to eliminate ambiguities about what protections it provides.


Form Or Substance? Definitional Aspects Of Assault Weapon Legislation, Thomas R. Thompson Apr 1990

Form Or Substance? Definitional Aspects Of Assault Weapon Legislation, Thomas R. Thompson

Florida State University Law Review

No abstract provided.


The Implications Of 42 U.S.C. § 1983 For The Privatization Of Prisons, Charles W. Thomas, Linda S. Calvert Hanson Apr 1989

The Implications Of 42 U.S.C. § 1983 For The Privatization Of Prisons, Charles W. Thomas, Linda S. Calvert Hanson

Florida State University Law Review

No abstract provided.


Bernie V. State, 524 So. 2d 988 (Fla. 1988), Douglas Underwood Jan 1989

Bernie V. State, 524 So. 2d 988 (Fla. 1988), Douglas Underwood

Florida State University Law Review

Criminal Law/Constitutional Law - THE EXCLUSIONARY RULE DILEMMA IN FLORIDA


Discovery Depositions In Florida Criminal Proceedings: Should They Survive?, John F. Yetter Oct 1988

Discovery Depositions In Florida Criminal Proceedings: Should They Survive?, John F. Yetter

Florida State University Law Review

Pursuant to a Concurrent Resolution of the 1988 Florida Legislature, the Supreme Court of Florida created a commission which is presently studying the use of depositions by the defense in criminal prosecutions. In this Article, Dean Yetter, a member of the commission, traces the history of criminal defense depositions in Florida, explores the arguments which shaped last session's legislative debate, and identifies available options for reform.


The Concurrent Sentence Doctrine Dies A Quiet Death -- Or Are The Reports Greatly Exaggerated?, Anne S. Emanuel Jul 1988

The Concurrent Sentence Doctrine Dies A Quiet Death -- Or Are The Reports Greatly Exaggerated?, Anne S. Emanuel

Florida State University Law Review

The concurrent sentence doctrine is a judicially-created rule of criminal procedure. In this article, Professor Emanuel traces the history of the doctrine from its roots in eighteenth-century England to its current status in state and federal courts. Recently, the United States Supreme Court effectively forestalled the use of the doctrine in any federal felony conviction; however, Professor Emanuel argues that the doctrine remains viable in collateral actions for postconviction relief from federal convictions and in state couts.


The Pattern Element Of Rico Before And After Sedima: A Look At Both Federal And Florida Rico, Sandra Bower Ross Jul 1987

The Pattern Element Of Rico Before And After Sedima: A Look At Both Federal And Florida Rico, Sandra Bower Ross

Florida State University Law Review

No abstract provided.


Pinocchio For The Defense, Linda Harrison Gottlieb Jan 1987

Pinocchio For The Defense, Linda Harrison Gottlieb

Florida State University Law Review

No abstract provided.


The Confrontation Clause And The Hearsay Rule: A Problematic Relationship In Need Of A Practical Analysis, Joel R. Brown Jan 1987

The Confrontation Clause And The Hearsay Rule: A Problematic Relationship In Need Of A Practical Analysis, Joel R. Brown

Florida State University Law Review

No abstract provided.


Chao V. State, 478 So. 2d (Fla. 1985), George C. Matlock Jul 1986

Chao V. State, 478 So. 2d (Fla. 1985), George C. Matlock

Florida State University Law Review

Criminal Law/Evidence-ADMISSIBILITY OF THIRD-PARTY TESTIMONY ON OUT-OF-COURT STATEMENTS MADE TO A WITNESS THROUGH AN INTERPRETER


Finkelstein V. Southeast Bank, 490 So. 2d 976 (Fla. 4th Dca 1986), Paul Mccaskill Jan 1986

Finkelstein V. Southeast Bank, 490 So. 2d 976 (Fla. 4th Dca 1986), Paul Mccaskill

Florida State University Law Review

Criminal Law-PLAINTIFFS UNDER FLORIDA RICO MUST MEET TRADITIONAL EQUITY REQUIREMENTS WHEN SEEKING TEMPORARY INJUNCTIONS TO SAFEGUARD ASSETS


Florida Reverses Its Per Se Reversal Rule On Improper Prosecutorial Comment On A Defendant's Right To Remain Silent, J. Allison Defoor Ii, Randolph Braccialarghe Jan 1986

Florida Reverses Its Per Se Reversal Rule On Improper Prosecutorial Comment On A Defendant's Right To Remain Silent, J. Allison Defoor Ii, Randolph Braccialarghe

Florida State University Law Review

No abstract provided.


Cruz V. State, 465 So. 2d 516 (Fla. 1985), Kelly M. Haynes Jan 1986

Cruz V. State, 465 So. 2d 516 (Fla. 1985), Kelly M. Haynes

Florida State University Law Review

Criminal Law-FLORIDA ADOPTS A DUAL APPROACH TO ENTRAPMENT


Competency For Execution: Problems In Law And Psychiatry, Barbara A. Ward Jan 1986

Competency For Execution: Problems In Law And Psychiatry, Barbara A. Ward

Florida State University Law Review

No abstract provided.


The Statewide Prosecutor: A New Weapon Against Organized Crime, R. Scott Palmer, Barbara M. Linthicum Oct 1985

The Statewide Prosecutor: A New Weapon Against Organized Crime, R. Scott Palmer, Barbara M. Linthicum

Florida State University Law Review

No abstract provided.


Judge Over Jury: Florida's Practice Of Imposing Death Over Life In Capital Cases, Michael Mello, Ruthann Robson Apr 1985

Judge Over Jury: Florida's Practice Of Imposing Death Over Life In Capital Cases, Michael Mello, Ruthann Robson

Florida State University Law Review

Where a jury and a trial judge reach contrary conclusions because the facts derive from conflicting evidence, or where they have struck a different balance between aggravating and mitigating circumstances which both have been given an opportunity to evaluate, the jury recommendation should be followed because that body has been assigned by history and statute the responsibility to discern truth and mete out justice. Given that the imposition of a death penalty “is not a mere counting process of X number of aggravating circumstances and Y number of mitigating circumstances, but rather a reasoned judgment . . . ,” both …


Florida's New Speedy Trial Rule: The "Window Of Recapture", John F. Yetter Apr 1985

Florida's New Speedy Trial Rule: The "Window Of Recapture", John F. Yetter

Florida State University Law Review

No abstract provided.


Death At Any Cost: A Critique Of The Supreme Court's Recent Retreat From Its Death Penalty Standards, William S. Geimer Jan 1985

Death At Any Cost: A Critique Of The Supreme Court's Recent Retreat From Its Death Penalty Standards, William S. Geimer

Florida State University 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 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.


State V. Bobbitt, 415 So. 2d 724 (Fla. 1982), Thomas Katheder Jul 1983

State V. Bobbitt, 415 So. 2d 724 (Fla. 1982), Thomas Katheder

Florida State University Law Review

Criminal Law-LOVERS AND OTHER STRANGERS: OR, WHEN IS A HOUSE A CASTLE?-PRIVILEGE OF NON-RETREAT IN THE HOME HELD INAPPLICABLE TO LEGAL CO-OCCUPANTS


Evidence In Capital Cases, John Kaplan Jul 1983

Evidence In Capital Cases, John Kaplan

Florida State University Law Review

No abstract provided.


Florida's Initial Experience With Sentencing Guidelines, Alan C. Sundberg, Kenneth J. Plante, Donna L. Braziel Apr 1983

Florida's Initial Experience With Sentencing Guidelines, Alan C. Sundberg, Kenneth J. Plante, Donna L. Braziel

Florida State University Law Review

No abstract provided.


Adoue V. State, 408 So. 2d 567 (Fla. 1981), John Cattano Apr 1982

Adoue V. State, 408 So. 2d 567 (Fla. 1981), John Cattano

Florida State University Law Review

Criminal Law-"PLAIN VIEW" AND THE "PLAIN VIEW DOCTRINE"


State V. Smith, 401 So. 2d 1126 (Fla. 5th Dist. Ct. App. 1981), Kenneth Mclaughlin Apr 1982

State V. Smith, 401 So. 2d 1126 (Fla. 5th Dist. Ct. App. 1981), Kenneth Mclaughlin

Florida State University Law Review

Criminal Law-SEXUAL BATTERY-NO INTERSPOUSAL EXCEPTION FROM PROSECUTION UNDER FLORIDA SEXUAL BATTERY STATUTE