Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 35

Full-Text Articles in Law

White Collar Crime: A Legal Overview, Paul Marcus Sep 2019

White Collar Crime: A Legal Overview, Paul Marcus

Paul Marcus

No abstract provided.


The Use Of Criminal Statutes To Regulate Financial Markets In The United States, Paul Marcus Sep 2019

The Use Of Criminal Statutes To Regulate Financial Markets In The United States, Paul Marcus

Paul Marcus

No abstract provided.


Virginia's Capital Jurors, Stephen P. Garvey, Paul Marcus Sep 2019

Virginia's Capital Jurors, Stephen P. Garvey, Paul Marcus

Paul Marcus

No abstract provided.


Toward An Expanded View Of The Due Process Claim In Entrapment Cases, Paul Marcus Sep 2019

Toward An Expanded View Of The Due Process Claim In Entrapment Cases, Paul Marcus

Paul Marcus

No abstract provided.


The United States Criminal Justice System: A Brief Overview, Paul Marcus Sep 2019

The United States Criminal Justice System: A Brief Overview, Paul Marcus

Paul Marcus

No abstract provided.


The Right To Counsel In Criminal Cases, A National Crisis, Mary Sue Backus, Paul Marcus Sep 2019

The Right To Counsel In Criminal Cases, A National Crisis, Mary Sue Backus, Paul Marcus

Paul Marcus

No abstract provided.


The Miranda Custody Requirement And Juveniles, Paul Marcus Sep 2019

The Miranda Custody Requirement And Juveniles, Paul Marcus

Paul Marcus

Concerns about the interrogation process and the ability of minors to navigate the criminal justice system often intersect. The impact of the age of juveniles can be seen in a variety of judicial decisions, most markedly those dealing with punishment. But judicial concern for juveniles goes well beyond sentencing. The interrogation process raises especially grave fears.

Since the Supreme Court issued its landmark ruling in Miranda v. Arizona disallowing compelled inculpatory statements by criminal suspects and defendants, there has been concern as to whether juveniles fully understand and appreciate their rights as articulated in Miranda and based in the Fifth …


The Media In The Courtroom: Attending, Reporting, Televising Criminal Cases, Paul Marcus Sep 2019

The Media In The Courtroom: Attending, Reporting, Televising Criminal Cases, Paul Marcus

Paul Marcus

No abstract provided.


The Proposed Revised Federal Criminal Code: Conspiracy Provisions, Paul Marcus Sep 2019

The Proposed Revised Federal Criminal Code: Conspiracy Provisions, Paul Marcus

Paul Marcus

No abstract provided.


The Faretta Principle: Self Representation Versus The Right To Counsel, Paul Marcus Sep 2019

The Faretta Principle: Self Representation Versus The Right To Counsel, Paul Marcus

Paul Marcus

The United States Constitution makes provision for criminal defendants to be represented by counsel. In the federal jurisdiction this principle was vigorously applied, even to indigent persons, very early in the Twentieth Century. The United States Supreme Court, however, was reluctant to impose this requirement on the states except in cases of unusual circumstances where the absence of counsel would have affected the basic fairness of the trial. Finally, in a landmark decision by the Supreme Court, it was held that the right to counsel applies in both federal and state cases. For the past twenty years, federal and state …


The Fall And Rise Of The Entrapment Defense, Paul Marcus Sep 2019

The Fall And Rise Of The Entrapment Defense, Paul Marcus

Paul Marcus

No abstract provided.


The Exclusion Of Evidence In The United States, Paul Marcus Sep 2019

The Exclusion Of Evidence In The United States, Paul Marcus

Paul Marcus

No abstract provided.


The Entrapment Defense: An Interview, Paul Marcus Sep 2019

The Entrapment Defense: An Interview, Paul Marcus

Paul Marcus

No abstract provided.


The Entrapment Defense And Procedural Issues: Burden Of Proof, Questions Of Law And Fact, Inconsistent Defenses, Paul Marcus Sep 2019

The Entrapment Defense And Procedural Issues: Burden Of Proof, Questions Of Law And Fact, Inconsistent Defenses, Paul Marcus

Paul Marcus

Paul Marcus has produced an extremely thorough article on the intriguing and complex defense of entrapment. After analyzing the subjective and objective approaches to the defense, the author turns to the infrequently addressed question of evidence on predisposition. Included here are the recent ABSCAM cases.

Finally, the author explores the vagaries of inconsistent defenses and, on the whole, provides academics and practitioners with a refreshing and useful guide to some of the most important questions involving entrapment.


The Development Of Entrapment Law, Paul Marcus Sep 2019

The Development Of Entrapment Law, Paul Marcus

Paul Marcus

No abstract provided.


The Challenge Of Prosecuting Organized Crime In The United States: Procedural Issues, Paul Marcus Sep 2019

The Challenge Of Prosecuting Organized Crime In The United States: Procedural Issues, Paul Marcus

Paul Marcus

No abstract provided.


The Allen Instruction In Criminal Cases: Is The Dynamite Charge About To Be Permanently Defused?, Paul Marcus Sep 2019

The Allen Instruction In Criminal Cases: Is The Dynamite Charge About To Be Permanently Defused?, Paul Marcus

Paul Marcus

No abstract provided.


The Confrontation Clause And Co-Defendant Confessions: The Drift From Bruton To Parker V. Randolph, Paul Marcus Sep 2019

The Confrontation Clause And Co-Defendant Confessions: The Drift From Bruton To Parker V. Randolph, Paul Marcus

Paul Marcus

No abstract provided.


The Crime Of Conspiracy Thrives In Decisions Of The United States Supreme Court, Paul Marcus Sep 2019

The Crime Of Conspiracy Thrives In Decisions Of The United States Supreme Court, Paul Marcus

Paul Marcus

No abstract provided.


Proving Entrapment Under The Predisposition Test, Paul Marcus Sep 2019

Proving Entrapment Under The Predisposition Test, Paul Marcus

Paul Marcus

No abstract provided.


Restrictions On Law Enforcement Investigation And Prosecution Of Crime, Paul Marcus Sep 2019

Restrictions On Law Enforcement Investigation And Prosecution Of Crime, Paul Marcus

Paul Marcus

No abstract provided.


Presenting, Back From The [Almost] Dead, The Entrapment Defense, Paul Marcus Sep 2019

Presenting, Back From The [Almost] Dead, The Entrapment Defense, Paul Marcus

Paul Marcus

No abstract provided.


It's Not Just About Miranda: Determining The Voluntariness Of Confessions In Criminal Prosecutions, Paul Marcus Sep 2019

It's Not Just About Miranda: Determining The Voluntariness Of Confessions In Criminal Prosecutions, Paul Marcus

Paul Marcus

No abstract provided.


Investigatory Practices And The Changing Entrapment Defense, Paul Marcus Sep 2019

Investigatory Practices And The Changing Entrapment Defense, Paul Marcus

Paul Marcus

No abstract provided.


Defending Miranda, Paul Marcus Sep 2019

Defending Miranda, Paul Marcus

Paul Marcus

No abstract provided.


Conspiracy: The Criminal Agreement, In Theory And In Practice, Paul Marcus Sep 2019

Conspiracy: The Criminal Agreement, In Theory And In Practice, Paul Marcus

Paul Marcus

Professor Marcus combines empirical research and theoretical analysis in this comprehensive study of the conspiracy doctrine. The article shows that the theoretical reasons for the conspiracy doctrine are inapplicable to most actual conspiracy prosecutions and that the practical reasons for conspiracy charges are often unacceptable prosecutorial shortcuts. Although ultimately concluding that the conspiracy doctrine is needed in some limited instances, Professor Marcus indicates that prosecutors should bring conspiracy charges only when justified by proper reasons and that courts should consider such charges more carefully.


Criminal Conspiracy Law: Time To Turn Back From An Ever Expanding, Ever More Troubling Area, Paul Marcus Sep 2019

Criminal Conspiracy Law: Time To Turn Back From An Ever Expanding, Ever More Troubling Area, Paul Marcus

Paul Marcus

No abstract provided.


Correcting Deadly Confusion: Responding To Jury Inquiries In Capital Cases, Stephen P. Garvey, Sheri Lynn Johnson, Paul Marcus Sep 2019

Correcting Deadly Confusion: Responding To Jury Inquiries In Capital Cases, Stephen P. Garvey, Sheri Lynn Johnson, Paul Marcus

Paul Marcus

No abstract provided.


Combatendo A Corrupção Nos Estados Unidos, Paul Marcus Sep 2019

Combatendo A Corrupção Nos Estados Unidos, Paul Marcus

Paul Marcus

The article discusses the problematic of the fight against the corruption by the criminal justice system of the United States, mainly the white-collar crimes. It is emphasized, first, that in most of the cases does not result in trial, but in plea bargains, and, second, in many cases the encouragement from an undercover agent has served as an effective defense instrument. Finally, it is discussed the problematic of the use of information obtained from the technological devices and its probable violation to the right privacy.

This article is in Portuguese.


Co-Conspirator Declarations: The Federal Rules Of Evidence And Other Recent Developments, From A Criminal Law Perspective, Paul Marcus Sep 2019

Co-Conspirator Declarations: The Federal Rules Of Evidence And Other Recent Developments, From A Criminal Law Perspective, Paul Marcus

Paul Marcus

Perhaps the most important advantage available to a prosecutor in a criminal conspiracy case is the exception to the hearsay rule for co-conspirator declarations. The exception is widely used and is often a significant part of the government presentation. In essence, it provides that otherwise inadmissible hearsay declarations of coconspirators are admissible at trial against the defendant so long as they were made during the course and in furtherance of the conspiracy. The exception typically arises when an alleged co-conspirator declarant tells the witness (often an undercover police officer) all about the conspiracy, perhaps in the hope of attracting a …