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Articles 1 - 30 of 100
Full-Text Articles in Law
Rico's Forfeiture Provision: A First Amendment Restraint On Adult Bookstores, Ana Maria Marin
Rico's Forfeiture Provision: A First Amendment Restraint On Adult Bookstores, Ana Maria Marin
University of Miami Law Review
No abstract provided.
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.
Racial Discrimination In The Criminal Justice System, Clyde E. Murphy
Racial Discrimination In The Criminal Justice System, Clyde E. Murphy
North Carolina Central Law Review
No abstract provided.
Twist And Shout And Truth Will Out: An Argument For The Adoption Of A "Safety-Valve" Exception To The Washington Hearsay Rule, George R. Nock
Twist And Shout And Truth Will Out: An Argument For The Adoption Of A "Safety-Valve" Exception To The Washington Hearsay Rule, George R. Nock
Seattle University Law Review
This Article will focus on two decisions of the Washington Supreme Court illustrating the unfortunate expansion of certain hearsay exceptions in order to accommodate truth, show that the expansion could have been avoided had Washington adopted a "general" exception comparable to that found in the Federal Rules of Evidence, and propose the adoption of an exception shorn of the defects of the rejected federal version.
Balancing The Right To Confrontation And The Need To Protect Child Sexual Abuse Victims: Are Statutes Authorizing Televised Testimony Serving Their Purpose?, Kimberley Seals Bressler
Balancing The Right To Confrontation And The Need To Protect Child Sexual Abuse Victims: Are Statutes Authorizing Televised Testimony Serving Their Purpose?, Kimberley Seals Bressler
Seattle University Law Review
This Comment begins by providing a brief outline of the procedures regulating the use of televised testimony. Next, against the larger backdrop of the history of the right to confrontation, Part III addresses the treatment of televised testimony as hearsay. This section presents a recent Maryland decision as an illustration of the undesirable analogy of televised testimony to hearsay that leads to a more difficult admission standard. Part III concludes with the argument that televised testimony is the functional equivalent of in-court testimony, and thus, a hearsay analysis is inappropriate. Part IV of this Comment presents a recent Supreme Court …
Behaviour Alteration, The Law Reform Commission And The Courts: An Ethical Perspective, Eike-Henner W. Kluge
Behaviour Alteration, The Law Reform Commission And The Courts: An Ethical Perspective, Eike-Henner W. Kluge
Dalhousie Law Journal
The Law Reform Commission of Canada, in its Working Paper 43 Behaviour Alteration and the Criminal Law, addresses the issue of the deliberate modification of human behaviour by medical means. It does so vis-A-vis non-consensual treatment prescribed in the purely therapeutic setting as well as with respect to such treatment imposed by way of sentencing. The Commission focuses its deliberations around three questions: 1. Do present laws provide sufficient protection against involuntary or non-consensual administration of behaviour alteration treatment? 2. Should psychological integrity be protected by the Criminal Code as physical integrity already is? 3. Should the law legitimate the …
Enterprise Liability In Private Civil Rico A Ctions
Enterprise Liability In Private Civil Rico A Ctions
Washington and Lee Law Review
No abstract provided.
State Jurisdiction Over Interstate Telephonic Criminal Conspiracy
State Jurisdiction Over Interstate Telephonic Criminal Conspiracy
Washington and Lee Law Review
No abstract provided.
Is "Psychological Self-Defense" A Solution To The Problem Of Defending Battered Women W Ho Kill?
Is "Psychological Self-Defense" A Solution To The Problem Of Defending Battered Women W Ho Kill?
Washington and Lee Law Review
No abstract provided.
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.
Making Criminal Defense A Crime Under 18 U.S.C. Section 1957, Paul G. Wolfteich
Making Criminal Defense A Crime Under 18 U.S.C. Section 1957, Paul G. Wolfteich
Vanderbilt Law Review
In 1984 the President's Commission on Organized Crime concluded that money laundering was the lifeblood of organized crime.'The Commission found that drug traffickers and racketeers exploited weaknesses in the Bank Secrecy Act to launder much of their income,estimated by one source to be 150 billion dollars annually. In response,the Commission recommended legislation to strengthen currency reporting laws, to extend the investigative powers of federal agencies, and to create a new money laundering offense.' This new legislation would hold criminally liable persons who conduct a monetary transaction with knowledge or reason to know that the funds involved were derived from unlawful …
Expanding On Borrowed Time: Agency Holding Corp. V. Malley-Duff & Associates, Michael H. Coons Sr.
Expanding On Borrowed Time: Agency Holding Corp. V. Malley-Duff & Associates, Michael H. Coons Sr.
BYU Law Review
No abstract provided.
Capital Punishment And The American Agenda, John Pierce Stimson
Capital Punishment And The American Agenda, John Pierce Stimson
Michigan Law Review
A Review of Capital Punishment and the American Agenda by Franklin E. Zimring and Gordon Hawkins
Crimewarps: The Future Of Crime In America, Brandon D. Lawniczak
Crimewarps: The Future Of Crime In America, Brandon D. Lawniczak
Michigan Law Review
A Review of Crimewarps: The Future of Crime in America by Georgette Bennett
Reexamining The Law Of Rape, Janet E. Findlater
Reexamining The Law Of Rape, Janet E. Findlater
Michigan Law Review
A Review Real Rape by Susan Estrich
The Public Defender, Robert R. Kimball
The Public Defender, Robert R. Kimball
Michigan Law Review
A Review of The Public Defender by Lisa J. McIntyre
Unionizing Prostitutes, Belina Anderson
Laying Hands On Religious Racketeers: Applying Civil Rico To Fraudulent Religious Solicitation, Jonathan Turley
Laying Hands On Religious Racketeers: Applying Civil Rico To Fraudulent Religious Solicitation, Jonathan Turley
William & Mary Law Review
No abstract provided.
Social And Racial Tolerance And Freedom Of Expression In A Democratic Society: Friends Or Foes? Regina V. Zundel, Stefan Braun
Social And Racial Tolerance And Freedom Of Expression In A Democratic Society: Friends Or Foes? Regina V. Zundel, Stefan Braun
Dalhousie Law Journal
In Regina v. Zundel the Ontario Court of Appeal held that s. 177 of the Canadian Criminal Code, entitled "Spreading false news," did not contravene the guarantee of freedom of expression under s. 2(b) of the Charter of Rights and Freedoms3 and that even if it did, it constituted a permissible regulation under s. 1 of the Charter. Section 177 of the Code punishes "everyone who wilfully publishes a statement, tale, or news that he knows is false and that causes or is likely to cause injury or mischief to a public interest." The defendant was charged under the section …
Post-Traumatic Stress Disorder: A Controversial Defense For Veterans Of A Controversial War, Michael J. Davidson
Post-Traumatic Stress Disorder: A Controversial Defense For Veterans Of A Controversial War, Michael J. Davidson
William & Mary Law Review
No abstract provided.
The Illinois Domestic Violence Act Of 1986: A Selective Critique, Terrence J. Brady
The Illinois Domestic Violence Act Of 1986: A Selective Critique, Terrence J. Brady
Loyola University Chicago Law Journal
No abstract provided.
Second Degree Murder Replaces Voluntary Manslaughter In Illinois: Problems Solved, Problems Created, James B. Haddad
Second Degree Murder Replaces Voluntary Manslaughter In Illinois: Problems Solved, Problems Created, James B. Haddad
Loyola University Chicago Law Journal
No abstract provided.
Stare Decisis And The Supreme Court's Decision To Reconsider Runyon V. Mccrary, Camille Townsend
Stare Decisis And The Supreme Court's Decision To Reconsider Runyon V. Mccrary, Camille Townsend
Loyola University Chicago Law Journal
No abstract provided.
Fourth Amendment--Work-Related Searches By Government Employers Valid On Reasonable Grounds, E. Miles Kilburn
Fourth Amendment--Work-Related Searches By Government Employers Valid On Reasonable Grounds, E. Miles Kilburn
Journal of Criminal Law and Criminology
No abstract provided.
Sixth Amendment--Limiting The Scope Of Bruton, William G. Dickett
Sixth Amendment--Limiting The Scope Of Bruton, William G. Dickett
Journal of Criminal Law and Criminology
No abstract provided.
Eighth And Fourteenth Amendments--The Death Penalty Survives, Anderson E. Bynam
Eighth And Fourteenth Amendments--The Death Penalty Survives, Anderson E. Bynam
Journal of Criminal Law and Criminology
No abstract provided.
In Search Of The Impartial Jury, James J. Gobert
In Search Of The Impartial Jury, James J. Gobert
Journal of Criminal Law and Criminology
No abstract provided.
Neighborhood Differences In Attitudes Toward Policing: Evidence For A Mixed-Strategy Model Of Policing In A Multi-Ethnic Setting, Roger G. Dunham, Geoffrey P. Alpert
Neighborhood Differences In Attitudes Toward Policing: Evidence For A Mixed-Strategy Model Of Policing In A Multi-Ethnic Setting, Roger G. Dunham, Geoffrey P. Alpert
Journal of Criminal Law and Criminology
No abstract provided.
Rationalizing Criminal Forfeiture, David J. Fried
Rationalizing Criminal Forfeiture, David J. Fried
Journal of Criminal Law and Criminology
No abstract provided.
Fifth Amendment--The Applicability Of The Assertion Of The Right To Counsel To Unrelated Investigations, Patrick J. Bitterman
Fifth Amendment--The Applicability Of The Assertion Of The Right To Counsel To Unrelated Investigations, Patrick J. Bitterman
Journal of Criminal Law and Criminology
No abstract provided.