Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Maurer School of Law: Indiana University (5)
- University of Michigan Law School (3)
- Georgetown University Law Center (2)
- Pace University (2)
- UIC School of Law (2)
-
- University of Miami Law School (2)
- University of Washington School of Law (2)
- Cornell University Law School (1)
- Florida International University College of Law (1)
- Mitchell Hamline School of Law (1)
- Singapore Management University (1)
- The Catholic University of America, Columbus School of Law (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University of Cincinnati College of Law (1)
- University of Colorado Law School (1)
- University of Denver (1)
- University of Missouri-Kansas City School of Law (1)
- University of Richmond (1)
- Valparaiso University (1)
- Washington and Lee University School of Law (1)
- Yeshiva University, Cardozo School of Law (1)
- Keyword
-
- Criminal procedure (4)
- Criminal law (3)
- Burden of proof (2)
- Death penalty (2)
- Evidence (2)
-
- Fifth Amendment (2)
- Plea bargaining (2)
- Prosecution (2)
- Self-incrimination (2)
- Trials (2)
- United States Supreme Court (2)
- "Death to the Klan" rally (1)
- Acceptance-of-responsibility (1)
- American Nazi Party (1)
- Australian criminal law (1)
- Balancing test (1)
- Batson v. Kentucky (1)
- CWP (1)
- Citizen complaints (1)
- City of new york (1)
- Civil Rights (1)
- Confessions (1)
- Constitutional law (1)
- Conviction-offense (1)
- Crime victim (1)
- Criminal Law and Procedure (1)
- Criminal complaint (1)
- Criminal court (1)
- Criminal proceedings (1)
- Criminal prosectution (1)
- Publication
-
- Articles (7)
- Articles by Maurer Faculty (5)
- Elisabeth Haub School of Law Faculty Publications (2)
- Georgetown Law Faculty Publications and Other Works (2)
- Law Faculty Publications (2)
-
- UIC Law Open Access Faculty Scholarship (2)
- Book Chapters (1)
- Cornell Law Faculty Publications (1)
- Faculty Articles and Other Publications (1)
- Faculty Publications (1)
- Faculty Scholarship (1)
- Faculty Works (1)
- Habeas Corpus Committee (1)
- Publications (1)
- Research Collection Yong Pung How School Of Law (1)
- Scholarly Articles (1)
- Scholarly Works (1)
- Sturm College of Law: Faculty Scholarship (1)
Articles 1 - 30 of 32
Full-Text Articles in Law
Icac And The Community, Mark Findlay
Icac And The Community, Mark Findlay
Research Collection Yong Pung How School Of Law
Recently the language of 'community' has been widely used in the official discourse of criminal justice administration in Australia, in an obvious effort to legitimate new developments away from more traditional crime control. Commentators are now asking, why all this 'community speak' about policing, mediation, and corrections? As regards the 'community' perspective of anti-corruption initiatives, it is an attempt to transfer to the new institutions and processes some of the more positive implications which are assumed to flow from community allegiance.
The Right To Evidence, Bennett L. Gershman
The Right To Evidence, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
Although its theoretical basis may be disputed, nobody questions the proposition that a person charged with a crime has a constitutional right to present a defense. Presenting a defense naturally requires access to proof. Access includes not only the availability of evidence, but also its permissible use. Consider some examples: A defendant wants to testify, but his lawyer's threats drive him off the stand. A witness who might be expected to give favorable testimony for the defense appears at trial but refuses to testify. A defense witness wants to testify, but because the defendant failed to notify the prosecutor about …
Habeas Corpus Committee - Correspondence, Lewis F. Powell, Jr.
Habeas Corpus Committee - Correspondence, Lewis F. Powell, Jr.
Habeas Corpus Committee
No abstract provided.
Use Of Force Against Terrorist Bases: Introduction, Malvina Halberstam
Use Of Force Against Terrorist Bases: Introduction, Malvina Halberstam
Articles
No abstract provided.
Truth In Sentencing: Accepting Responsibility Under The United States Sentencing Guidelines, Bradford Mank
Truth In Sentencing: Accepting Responsibility Under The United States Sentencing Guidelines, Bradford Mank
Faculty Articles and Other Publications
The United States Sentencing Guidelines (hereinafter Guidelines) allow federal district courts to reduce a defendant's sentence if the defendant "clearly demonstrates a recognition and affirmative acceptance of personal responsibility for his criminal conduct .... " In United States v. Perez-Franco, the United States Court of Appeals for the First Circuit held that the above Guidelines section on acceptance of responsibility did not require a defendant to accept responsibility for charges that were to be dismissed as part of a plea agreement. The Perez-Franco decision is an affront to the fundamental principle that a defendant ought to take personal responsibility for …
Equivalent Deterrence: A Proposed Alternative To The Exclusionary Rule In Criminal Proceedings, Robert M. Hardaway
Equivalent Deterrence: A Proposed Alternative To The Exclusionary Rule In Criminal Proceedings, Robert M. Hardaway
Sturm College of Law: Faculty Scholarship
Perhaps no other area of American jurisprudence is as controversial as the exclusionary rule. Rejected by all other civilized countries2 and held in contempt by much of the American public, the rule reached its zenith during the Warren Court, only to be chipped away a little at a time by the Burger Court. Indeed, if the rule is ever to die, it seems destined to go out with a whimper rather than a bang. . .
The Supreme Court And The Incredible Shrinking Fourth Amendment, Bruce G. Berner
The Supreme Court And The Incredible Shrinking Fourth Amendment, Bruce G. Berner
Law Faculty Publications
No abstract provided.
Killing Daddy: Developing A Self-Defense Strategy For The Abused Child, Joelle A. Moreno
Killing Daddy: Developing A Self-Defense Strategy For The Abused Child, Joelle A. Moreno
Faculty Publications
No abstract provided.
Illinois' Latest Version Of The Defense Of Voluntary Intoxication: Is It Wise? Is It Constitutional?, 39 Depaul L. Rev. 15 (1989), Timothy P. O'Neill
Illinois' Latest Version Of The Defense Of Voluntary Intoxication: Is It Wise? Is It Constitutional?, 39 Depaul L. Rev. 15 (1989), Timothy P. O'Neill
UIC Law Open Access Faculty Scholarship
No abstract provided.
Criminal Procedure, 13 S. Ill. U. L.J. 511 (1989), Ralph Ruebner, Robert E. Davison
Criminal Procedure, 13 S. Ill. U. L.J. 511 (1989), Ralph Ruebner, Robert E. Davison
UIC Law Open Access Faculty Scholarship
No abstract provided.
When Racists And Radicals Meet, Ronald J. Bacigal, Margaret Ivey Bacigal
When Racists And Radicals Meet, Ronald J. Bacigal, Margaret Ivey Bacigal
Law Faculty Publications
In order to stimulate scholarly discussion, this Essay presents an empirical account of the Greensboro incident from the perspective of those who participated in the episode and in the resulting civil rights trial. The Essay traces the circumstances leading to the violence and reviews the resultant litigation with special attention given to the role of the trial judge in politically volatile cases. The candid reflections offered by the trial judge and other participants allow the reader to examine both the event and the litigation, not merely in the abstract, but as implemented by flesh-andblood lawyers, litigants, and judges. .
Police Trespass And The Fourth Amendment: A Wall In Need Of Mending, Clifford S. Fishman
Police Trespass And The Fourth Amendment: A Wall In Need Of Mending, Clifford S. Fishman
Scholarly Articles
Part I of this article provides an overview of basic Fourth Amendment principles. Part II analyzes the Oliver and Ciraolo cases which define and distinguish residential "curtilage," protected by the Fourth Amendment, and "open fields," which the Fourth Amendment does not protect. Part III reviews the Dow decision's discussion of whether an industrial facility, like a residence, might have constitutionally protected curtilage. Part IV focuses on the Dunn decision, which dramatizes the curtilage-open field dichotomy while at the same time blurring the line between the two. Finally, part V shows how these decisions may have invalidated the "commercial curtilage" concept …
The Thin Blue Line: Art Or Trial In The Fact-Finding Process?, Bennett L. Gershman
The Thin Blue Line: Art Or Trial In The Fact-Finding Process?, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
Part I of this Commentary objectively analyzes The Thin Blue Line, focusing on the film’s monologues, dramatizations, and exhibits. The film's organizational structure roughly parallels the stages of the criminal justice process, from the investigation and arrest of Adams to his trial, conviction, sentence, and post-conviction litigation. The prologue and epilogue unify the story. Part II attempts to explain the bizarre judicial result, focusing on the prosecutor's dominant role in the criminal justice process. It concludes, as does the film, that one of the fundamental features of our legal system - the intrinsic ability of the adversary process to discover …
The Crime Victim’S "Right" To A Criminal Prosecution: A Proposed Model Statute For The Governance Of Private Criminal Prosecution, Peter L. Davis
The Crime Victim’S "Right" To A Criminal Prosecution: A Proposed Model Statute For The Governance Of Private Criminal Prosecution, Peter L. Davis
Scholarly Works
The thesis of this article is that the public prosecutor should to have a monopoly on criminal prosecutions; some supplementary system of private criminal prosecution should be available. Two such systems, or models, currently exist in New York. The first model, available statewide, theoretically allows a complainant to initiate a non-felony criminal prosecution without any screening by a prosecutor or judge. This system is unwise, unworkable and illusory because it obscures the exercise of judicial discretion and focuses the court’s attention on the wrong issues, usually precluding the crime victim’s complaint. The second model, limited by statute to New York …
Summary Of Tokugawa Criminal Justice, Daniel H. Foote
Summary Of Tokugawa Criminal Justice, Daniel H. Foote
Articles
The summary set forth below is derived principally from the late Professor Yoshiro Hiramatsu's-comprehensive study of Tokugawa criminal justice. Hiramatsu's work focusses on the period from the promulgation of the Osadamegaki by the Shogun Yoshimune in 1742 through the end of the Tokugawa era in 1867. (As described by Professor Dan F. Henderson, Conciliation and Japanese Law, Tokugawa and Modern (1965), Vol. 1, at 7, fn. 26, the Osadamegaki, which consisted of two books, constituted "a compilation and rough codification of prior decrees and precedents", and "was the only such official attempt to systematize the law in the Tokugawa period." …
Diagnosis Of The Current Code Of Criminal Procedure, Daniel H. Foote
Diagnosis Of The Current Code Of Criminal Procedure, Daniel H. Foote
Articles
Approximately 35 years have passed since the current Code of Criminal Procedure went into effect, and today the manner in which that Code is interpreted and applied appears nearly stable. In truth, for most of the provisions and systems under the current Code about which there had been many questions of interpretation and application (e.g., interpretation of the provisions concerning hearsay evidence, discovery, exclusion of illegally-obtained evidence, and abuse of the authority to prosecute), some sort of conclusion (ichid no ketsuron) has been reached. In that sense, matters have "stabilized." However, in my view much more deep-seated problems remain unresolved. …
Enforcing The Rules Of Criminal Procedure: An American Perspective, Craig M. Bradley
Enforcing The Rules Of Criminal Procedure: An American Perspective, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
The Reasonable Doubt Rule And The Meaning Of Innocence, Scott E. Sundby
The Reasonable Doubt Rule And The Meaning Of Innocence, Scott E. Sundby
Articles
No abstract provided.
The Virtues Of A Procedural View Of Innocence--A Response To Professor Schwartz, Scott E. Sundby
The Virtues Of A Procedural View Of Innocence--A Response To Professor Schwartz, Scott E. Sundby
Articles
No abstract provided.
The Supreme Court's New Vision Of Federal Habeas Corpus For State Prisoners, Joseph L. Hoffmann
The Supreme Court's New Vision Of Federal Habeas Corpus For State Prisoners, Joseph L. Hoffmann
Articles by Maurer Faculty
No abstract provided.
On The Perils Of Line-Drawing: Juveniles And The Death Penalty, Joseph L. Hoffmann
On The Perils Of Line-Drawing: Juveniles And The Death Penalty, Joseph L. Hoffmann
Articles by Maurer Faculty
No abstract provided.
Symposium: Equality Versus Discretion In Sentencing, Ilene H. Nagel, Stephen Breyer, Terence Mccarthy
Symposium: Equality Versus Discretion In Sentencing, Ilene H. Nagel, Stephen Breyer, Terence Mccarthy
Articles by Maurer Faculty
No abstract provided.
Negotiated Pleas Under The Federal Sentencing Guidelines: The First Fifteen Months, Ilene H. Nagel, Stephen J. Schulhofer
Negotiated Pleas Under The Federal Sentencing Guidelines: The First Fifteen Months, Ilene H. Nagel, Stephen J. Schulhofer
Articles by Maurer Faculty
No abstract provided.
An Introduction To The American Criminal Justice Process, Jerold H. Israel
An Introduction To The American Criminal Justice Process, Jerold H. Israel
Book Chapters
A useful description of the American criminal justice process must begin by acknowledging that there is no single set of criminal justice procedures applied uniformly throughout this country. Variations exist both from jurisdiction to jurisdiction and from one type of case to another within the same jurisdiction. In our overview, we will take note of a few of the more significant variations, but our primary focus will be on the procedural pattern followed for most cases in most jurisdictions. In this section, we will briefly examine three structural elements that account for many of the variations in the process. If …
Are Twelve Heads Better Than One?, Phoebe C. Ellsworth
Are Twelve Heads Better Than One?, Phoebe C. Ellsworth
Articles
Few advocates of the jury system would argue that the average juror is as competent a tribunal as the averagejudge. Whatever competence the jury has is a function of two of its attributes: its number and its interaction. The fact that a jury must be composed of at least six people,' with different backgrounds, experiences, and perspectives, provides some protection against decisions based on an idiosyncratic view of the facts. Not only must the jury include at least six people, but they must be chosen in a manner that conforms to the ideal of the jury as representative of community …
Needed: A Rewrite, Paul F. Rothstein
Needed: A Rewrite, Paul F. Rothstein
Georgetown Law Faculty Publications and Other Works
Proposed far-reaching changes in the Federal Rules of Evidence are of major practical significance to every lawyer involved in the criminal justice process. The proposed changes are contained in a recent report by the American Bar Association Criminal Justice Section's Rules of Criminal Procedure and Evidence Committee. The report was selected for publication in Federal Rules Decisions, 120 F.R.D. 299 (1988), because of its interest to federal practitioners and judges. More than 40 judges, lawyers, and scholars were involved in the four-year study, and experts on each particular rule acted as "reporters" to the committee on those areas.
The report …
Some Doubts Concerning The Selection Hypothesis Of George Priest, Douglas O. Linder
Some Doubts Concerning The Selection Hypothesis Of George Priest, Douglas O. Linder
Faculty Works
No abstract provided.
Wisconsin Sentence Modification: A View From The Trial Court, Kate Kruse, Kim E. Patterson
Wisconsin Sentence Modification: A View From The Trial Court, Kate Kruse, Kim E. Patterson
Faculty Scholarship
In Wisconsin, trial courts have discretion to modify a defendant's criminal sentence if the defendant introduces a "new factor." Published Wisconsin case law gives little guidance on what constitutes a new factor. The Wisconsin Supreme Court has declined to find a new factor present in every case it has published since defining "new factor" in 1978. Because of ambiguous and conflicting rulings, the standards for both prongs of the new factor definition remain unclear. This Comment attempts to shed light on the new factor requirement for sentence modification by examining Wisconsin trial court decisions on a limited sample of sentence …
Duckworth V. Eagan: A Little-Noticed Miranda Case That May Cause Much Mischief, Yale Kamisar
Duckworth V. Eagan: A Little-Noticed Miranda Case That May Cause Much Mischief, Yale Kamisar
Articles
Professor Yale Kamisar, the country's foremost scholar of Miranda and police interrogation, presents an analysis and critique of the Supreme Court's latest interpretation of Miranda. In Duckworth, a 5-4 Court upheld the "if and when" language systematically used by the Hammond, Indiana, Police Department: "We have no way of giving you a lawyer, but one will be appointed for you, if you wish, if and when you go to court." The real issue was whether the police effectively conveyed the substance of a vital part of Miranda: the right to have a lawyer appointed prior to any questioning. Professor Kamisar …
Racial Discrimination In The State's Use Of Peremptory Challenges: The Application Of The United States Supreme Court's Decision In Batson V. Kentucky In South Carolina, John H. Blume
Cornell Law Faculty Publications
Some one hundred and six years before the United States Supreme Court's 1986 decision in Batson v. Kentucky the Court ruled that a black person is denied the equal protection of the laws when the State seeks to convict him of a criminal offense in a proceeding in which members of his race have been excluded from serving on the jury. From this straightforward and common-sense beginning, the Court stumbled and lurched for more than a century before arriving at another equally straightforward and common-sense decision in Batson. The purpose of this article is to examine the Supreme Court's …