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Criminal Procedure

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1980

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Articles 1 - 30 of 71

Full-Text Articles in Law

Police Radar 1980: Has The Black Box Lost Its Magic., Joseph Gary Trichter, Joseph Patterson Dec 1980

Police Radar 1980: Has The Black Box Lost Its Magic., Joseph Gary Trichter, Joseph Patterson

St. Mary's Law Journal

Abstract Forthcoming.

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Survey Of Developments In West Virginia Law: 1980 Dec 1980

Survey Of Developments In West Virginia Law: 1980

West Virginia Law Review

No abstract provided.

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Prosecutorial Discovery: An Overview, Harry G. Deitzler, Susan Klimas, Walt Auvil Dec 1980

Prosecutorial Discovery: An Overview, Harry G. Deitzler, Susan Klimas, Walt Auvil

West Virginia Law Review

No abstract provided.

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The Impact Of Expanded Rules For Determining What Constitutes The "Same Offense" For Double Jeopardy Purposes: Illinois V. Vitale , David G. Harlow Nov 1980

The Impact Of Expanded Rules For Determining What Constitutes The "Same Offense" For Double Jeopardy Purposes: Illinois V. Vitale , David G. Harlow

BYU Law Review

No abstract provided.

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Defending Conspiracy Cases: Mission Impossible?, Paul Marcus Oct 1980

Defending Conspiracy Cases: Mission Impossible?, Paul Marcus

Popular Media

Defending conspiracy cases has never been an easy task. There were days in which joint trials of 20, 30, 40, or even 50 defendants were not uncommon, creating insuperable problems for defense lawyers. Even though large joint-defendant trials are not as common today, several problems remain, particularly in light of the frequent use of the conspiracy charge at the federal level. In this article I will discuss some of the recent issues which create special difficulties for criminal defense lawyers. With regard to these issues, there is, as some would say, good news and bad news.

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Estelle V. Smith, Lewis F. Powell Jr. Oct 1980

Estelle V. Smith, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

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Michael M. V. Superior Court Of Sonoma County, Lewis F. Powell Jr. Oct 1980

Michael M. V. Superior Court Of Sonoma County, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

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Double Jeopardy: An Illusory Remedy For Governmental Overreaching At Trial, Mary J. Fahey Oct 1980

Double Jeopardy: An Illusory Remedy For Governmental Overreaching At Trial, Mary J. Fahey

Buffalo Law Review

No abstract provided.

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Criminal Procedure–Juvenile Confessions In Arkansas, Ann Kristen Kilgore Oct 1980

Criminal Procedure–Juvenile Confessions In Arkansas, Ann Kristen Kilgore

University of Arkansas at Little Rock Law Review

No abstract provided.

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Criminal Trials In Absentia: A Proposed Reform For Indiana, Myra L. Willis Oct 1980

Criminal Trials In Absentia: A Proposed Reform For Indiana, Myra L. Willis

Indiana Law Journal

No abstract provided.

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Application Of The "Exculpatory No" Defense To Prosecutions Under 18 U.S.C. $ 1001: United States V. Fitzgibbon, James M. Dester Sep 1980

Application Of The "Exculpatory No" Defense To Prosecutions Under 18 U.S.C. $ 1001: United States V. Fitzgibbon, James M. Dester

BYU Law Review

No abstract provided.

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Interrogation Without Questions: Rhode Island V. Innis And United States V. Henry, Welsh S. White Aug 1980

Interrogation Without Questions: Rhode Island V. Innis And United States V. Henry, Welsh S. White

Michigan Law Review

In Rhode Island v. Innis, the Court defined "interrogation" within the meaning of Miranda; and in United States v. Henry, it defined "deliberate elicitation" within the meaning of Massiah. This article explores the implications of Innis and Henry, suggests readings of the new tests consistent with their purposes, and applies the tests to several situations where the scope of the fifth and sixth amendment protections remains unclear.

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An Application Of Double Jeopardy And Collateral Estoppel Principles To Successive Prison Disciplinary And Criminal Prosecutions, Joseph S. Colussi Jul 1980

An Application Of Double Jeopardy And Collateral Estoppel Principles To Successive Prison Disciplinary And Criminal Prosecutions, Joseph S. Colussi

Indiana Law Journal

No abstract provided.

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California Justice Under Determinate Sentencing: A Review And Agenda For Research, Albert J. Lipson, Mark A. Peterson Jun 1980

California Justice Under Determinate Sentencing: A Review And Agenda For Research, Albert J. Lipson, Mark A. Peterson

California Agencies

No abstract provided.

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Mandatory Life Imprisonment Under Texas Recidivist Statute Not Violative Of Eighth Amendment When Applied To One Convicted Of Three Non-Violent, Property-Related Felonies., Patricia E. Rant Jun 1980

Mandatory Life Imprisonment Under Texas Recidivist Statute Not Violative Of Eighth Amendment When Applied To One Convicted Of Three Non-Violent, Property-Related Felonies., Patricia E. Rant

St. Mary's Law Journal

Abstract Forthcoming.

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Conversation Between Police Officers Eliciting Admission By Suspect Not A Miranda Interrogation Unless The Officers Should Have Known Their Words Or Actions Were Reasonably Likely To Elicit An Incriminating Response., Janice L. Jenning Jun 1980

Conversation Between Police Officers Eliciting Admission By Suspect Not A Miranda Interrogation Unless The Officers Should Have Known Their Words Or Actions Were Reasonably Likely To Elicit An Incriminating Response., Janice L. Jenning

St. Mary's Law Journal

Abstract Forthcoming.

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The Three Faces Of Double Jeopardy: Reflections On Government Appeals Of Criminal Sentences, Peter K. Westen Jun 1980

The Three Faces Of Double Jeopardy: Reflections On Government Appeals Of Criminal Sentences, Peter K. Westen

Michigan Law Review

Every now and then a case ·comes along that tests the fundamental premises of a body of law. United States v. DiFrancesco presents such a test to the law of double jeopardy, raising the question whether the government may unilaterally appeal a defendant's criminal sentence for the purpose of increasing the sentence. The question cannot be answered by facile reference to the text of the fifth amendment, because the terms of the double jeopardy clause are not self-defining. Nor can it be settled by reference to history, because the issue has not arisen with any frequency until now.

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Determinate And Indeterminate Sentence Law Comparison Study: Feasibility Of Adapting Law To A Sentencing Commission Guideline Approach, Joint Committee On Rules May 1980

Determinate And Indeterminate Sentence Law Comparison Study: Feasibility Of Adapting Law To A Sentencing Commission Guideline Approach, Joint Committee On Rules

California Joint Committees

No abstract provided.

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A New Correctional Policy For California: Developing Alternatives To Prison, National Council On Crime And Delinquency May 1980

A New Correctional Policy For California: Developing Alternatives To Prison, National Council On Crime And Delinquency

California Joint Committees

No abstract provided.

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The Fuller Court And State Criminal Process Threshold Of Modern Limitations On Government, William F. Duker May 1980

The Fuller Court And State Criminal Process Threshold Of Modern Limitations On Government, William F. Duker

BYU Law Review

No abstract provided.

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The Fifth Amendment And The Inference Of Guilt From Silence: Griffin V. California After Fifteen Years, Donald B. Ayer May 1980

The Fifth Amendment And The Inference Of Guilt From Silence: Griffin V. California After Fifteen Years, Donald B. Ayer

Michigan Law Review

This Article will begin with an examination of the historic (and present) purposes underlying the fifth amendment privilege against self-incrimination, upon which any justification of the no-comment rule must ultimately rest. It will explore the danger that these purposes may be thwarted not only when defendants are actually compelled to be witnesses against themselves, but also when significant burdens are placed on defendants who choose not to testify. In Griffin, the Court reasoned that comment on the defendant's silence amounted to such an impermissible burden. But the Court failed to examine the weight of this burden. This failure makes …

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Criminal Procedure–Search And Seizure–Curtilage Includes The Garden, Kathryn Duncan Holt Apr 1980

Criminal Procedure–Search And Seizure–Curtilage Includes The Garden, Kathryn Duncan Holt

University of Arkansas at Little Rock Law Review

No abstract provided.

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Commentary--The Federal Criminal Code Reform Act And New Sentencing Alternatives, Edward M. Kennedy Apr 1980

Commentary--The Federal Criminal Code Reform Act And New Sentencing Alternatives, Edward M. Kennedy

West Virginia Law Review

No abstract provided.

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Jury Instructions V. Jury Charges, J. Patrick Jones Apr 1980

Jury Instructions V. Jury Charges, J. Patrick Jones

West Virginia Law Review

No abstract provided.

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Survey Of Developments In West Virginia Law: 1979 Apr 1980

Survey Of Developments In West Virginia Law: 1979

West Virginia Law Review

No abstract provided.

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Prior Crime Impeachment Of Criminal Defendants: A Constitutional Analysis Of Rule 609, Gene R. Nichol Jr. Apr 1980

Prior Crime Impeachment Of Criminal Defendants: A Constitutional Analysis Of Rule 609, Gene R. Nichol Jr.

West Virginia Law Review

The use of prior criminal convictions to impeach the credibility of a witness is an almost universally applied and time-honored tenet of our evidentiary jurisprudence. Past convictions may not be used substantively to demonstrate criminal propensity; i.e., the likelihood that an individual will engage in criminal conduct based upon his past activities. However any witness giving testimony in a court of law is deemed to have placed his credibility in issue. As a result, in almost all American jurisdictions, a witness' character for truth and veracity may be attacked by proof that he has been convicted of a crime. This …

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Ix. Criminal Procedure Mar 1980

Ix. Criminal Procedure

Washington and Lee Law Review

No abstract provided.

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Stubborn And Rebellious Children: Liability Of Public Officials For Detention Of Children In Jails, Mark Soler, Michael J. Dale, Kathleen Flake Mar 1980

Stubborn And Rebellious Children: Liability Of Public Officials For Detention Of Children In Jails, Mark Soler, Michael J. Dale, Kathleen Flake

BYU Law Review

No abstract provided.

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Involuntary Intoxication Is A Defense In Texas., Lewis Buttles Mar 1980

Involuntary Intoxication Is A Defense In Texas., Lewis Buttles

St. Mary's Law Journal

Abstract Forthcoming.

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The Process Is The Punishment: Handling Cases In A Lower Criminal Court, Michigan Law Review Mar 1980

The Process Is The Punishment: Handling Cases In A Lower Criminal Court, Michigan Law Review

Michigan Law Review

A Book Notice about The Process Is the Punishment: Handling Cases in a Lower Criminal Court by Malcolm M. Feeley

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