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Criminal Law

1984

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Articles 1 - 30 of 181

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 …


Violence In College Students' Dating Relationships, Carol K. Sigelman, Carol E. Jordan-Berry, Katharine A. Wiles Dec 1984

Violence In College Students' Dating Relationships, Carol K. Sigelman, Carol E. Jordan-Berry, Katharine A. Wiles

Office for Policy Studies on Violence Against Women Publications

In a survey of 504 college students examining predictors of violence in heterosexual relationships, over half of both men and women had committed at least one physically violent act. Modest associations between physical violence and sexual aggression were uncovered. In a series of discriminant analyses, men who abused their partners were not readily distinguished from men who did not, but tended to by young, low in family income, traditional in attitudes toward women, abused as children, currently living with a women, and from Appalachian areas.


Beyond The Courtroom: A Comparative Analysis Of Misdemeanor Sentencing, Us Department Of Justice, Anthony J. Ragona, John Paul Ryan Nov 1984

Beyond The Courtroom: A Comparative Analysis Of Misdemeanor Sentencing, Us Department Of Justice, Anthony J. Ragona, John Paul Ryan

National Institute of Justice Office of Justice Programs

Misdemeanor courts have been infrequently studied, despite their central importance in law enforcement and social control. More than 9096 of all criminal cases are heard by misdemeanor courts, thereby providing most of the general public with its only view of the criminal process. Our study of four misdemeanor courts--Austin, Texas; Columbus, Ohio; Mankato, Minnesota; and Tacoma, Washington--is an attempt to compare the sentences imposed, the processes leading to sentencing, and the influence of the local political and economic environments surrounding the four courts. An eclectic methodological approach was utilized, including collection of data from random samples of individual defendant case …


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.


Evitts V. Lucey, Lewis F. Powell, Jr. Oct 1984

Evitts V. Lucey, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.


Ake V. Oklaboma, Lewis F. Powell Jr. Oct 1984

Ake V. Oklaboma, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Black V. Romano, Lewis F. Powell, Jr. Oct 1984

Black V. Romano, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.


Oregon V. Elstad, Lewis F. Powell Jr. Oct 1984

Oregon V. Elstad, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Wainwright V. Witt, Lewis F. Powell Jr. Oct 1984

Wainwright V. Witt, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Atascadero State Hospital V. Scanlon, Lewis F. Powell Jr. Oct 1984

Atascadero State Hospital V. Scanlon, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Tennessee V. Garner, Lewis F. Powell Jr. Oct 1984

Tennessee V. Garner, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States V. Sharpe, Lewis F. Powell Jr. Oct 1984

United States V. Sharpe, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Winston V. Lee, Lewis F. Powell Jr. Oct 1984

Winston V. Lee, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States V. Hensley, Lewis F. Powell Jr. Oct 1984

United States V. Hensley, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


New Jersey V. T.L.O., Lewis F. Powell Jr. Oct 1984

New Jersey V. T.L.O., Lewis F. Powell Jr.

Supreme Court Case Files

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 …


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.


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 …


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.


Justice, Mercy, And Craziness, Stephen J. Morse Jul 1984

Justice, Mercy, And Craziness, Stephen J. Morse

All Faculty Scholarship

No abstract provided.


Balancing Government Efficienty And The Protection Of Individual Liberties: An Analysis Of The Conflit Between Executive Branch "Housekeeping" Regulations And Criminal Defendants' Rights To A Constitutionally Fair Trial, James F. Ponsoldt Jul 1984

Balancing Government Efficienty And The Protection Of Individual Liberties: An Analysis Of The Conflit Between Executive Branch "Housekeeping" Regulations And Criminal Defendants' Rights To A Constitutionally Fair Trial, James F. Ponsoldt

Scholarly Works

This Article addresses the issue of whether an accused person should be entitled to obtain and use at trial relevant government information or the testimony of government employees to prove his innocence, regardless of whether he has revealed in advance to his adversary his intended use of that information or the specific content of that testimony. Part I describes the federal "housekeeping" statute and the Justice Department's housekeeping regulations, which require that subpoenaed government employees not disclose evidence unless the person seeking that evidence has first summarized the requested evidence in advance, explained its intended use, and obtained permission from …


Executing Juveniles For Crime, David Bruck Jun 1984

Executing Juveniles For Crime, David Bruck

David I. Bruck

No abstract provided.


Cross-Racial Identification Errors In Criminal Cases, Sheri Johnson Jun 1984

Cross-Racial Identification Errors In Criminal Cases, Sheri Johnson

Cornell Law Faculty Publications

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.


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.