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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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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