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Articles 31 - 38 of 38
Full-Text Articles in Law
Retrying The Acquitted In England Part Ii: The Exception To The Rule Against Double Jeopardy For Tainted Acquittals, David S. Rudstein
Retrying The Acquitted In England Part Ii: The Exception To The Rule Against Double Jeopardy For Tainted Acquittals, David S. Rudstein
San Diego International Law Journal
Parliament enacted a statute in 1996 intended to limit the double jeopardy bar in some situations in which the defendant obtained an acquittal through improper means, thereby permitting the government to retry the person for the same offense of which he previously was tried and acquitted. The statute, part of the Criminal Procedure and Investigations Act 1996, allows a retrial when an individual's acquittal was tainted, which, under the statute, means an acquittal resulting from interference with, or intimidation of, a juror, witness, or potential witness. In allowing a retrial in such circumstances, the statute creates an exception to the …
The Modern Movement Of Vindicating Violations Of Criminal Defendants' Rights Through Judicial Discipline, Keith Swisher
The Modern Movement Of Vindicating Violations Of Criminal Defendants' Rights Through Judicial Discipline, Keith Swisher
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Retrying The Acquitted In England, Part I: The Exception To The Rule Against Double Jeopardy For New And Compelling Evidence, David S. Rudstein
Retrying The Acquitted In England, Part I: The Exception To The Rule Against Double Jeopardy For New And Compelling Evidence, David S. Rudstein
San Diego International Law Journal
More than 240 years ago, Sir William Blackstone, perhaps the most important commentator on the English common law, wrote that when a man is once fairly found not guilty upon any indictment, or other prosecution, before any court having competent jurisdiction of the offence, he may plead such acquittal in bar of any subsequent accusation for the same crime. This plea of autrefois acquit (a former acquittal), Blackstone explained, is based upon the principle that no man is to be brought into jeopardy of his life, more than once for the same offence, which he called a universal maxim of …
Improving Accuracy In Criminal Cases, Erik Lillquist
Improving Accuracy In Criminal Cases, Erik Lillquist
University of Richmond Law Review
No abstract provided.
Asymmetry, Fairness, & Criminal Trials, Stephen E. Hessler
Asymmetry, Fairness, & Criminal Trials, Stephen E. Hessler
Michigan Law Review
Rules of criminal procedure, like all rules of legal procedure, exist to advance the goals of the corresponding substantive law. To ask whether American criminal justice - pursued through the operation of these procedural rules - is fair is to engage in a debate that has persisted since the Founding. More recently, the early twentieth century witnessed a revolution against the procedural formalism of preceding decades. Whether justified or not, the perception flourished that the legal system's dogmatic adherence to process allowed many criminals to escape punishment, and endangered society. The public statements of the era's most prominent jurists were …
Finding An Optimum Legal Policy Level: The Undesirability Of Doing Too Much Or Too Little In The Law, Stuart S. Nagel
Finding An Optimum Legal Policy Level: The Undesirability Of Doing Too Much Or Too Little In The Law, Stuart S. Nagel
West Virginia Law Review
No abstract provided.
The Street Perspective: A Conversation With The Police, Patrick L. Baude
The Street Perspective: A Conversation With The Police, Patrick L. Baude
IUSTITIA
Professor Baude's purpose in this discussion is to elicit police officers' comments on what members of the legal profession ought to know about the influence of the "street perspective" in shaping those officers' attitudes towards the criminal justice system and the role they play in it. It is police insistence on the broad validity of insights which only "the street" can provide that accounts for the considerable gulf between "front-line" enforcement officers and other functionaries in (and students of) that system. Law students (and no doubt lawyers) seem uncomfortable with the notion that our system cannot adequately be understood without …
Correctional System Needs, Susan S. Cole
Correctional System Needs, Susan S. Cole
IUSTITIA
One of the most difficult and pressing problems now facing local, state and national leaders is the failure of the criminal justice system. There is ample evidence of the system's failure: during the years 1960 to 1969, when the population increased by 13%, crime increased 1487,' and it is still increasing. Yet, correctional institutions do not appear to be places where criminal behavior is changed or where offenders are rehabilitated. They appear to be, instead, places where offenders are exposed to the most advanced criminal techniques and the most extreme anti-social behavior. Recidivism rates are estimated as high as 8070.