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Articles 1 - 30 of 42
Full-Text Articles in Law
State Recoupment Of The Costs Of Defense Of Indigent Criminal Defendants , Mark M. Horgan
State Recoupment Of The Costs Of Defense Of Indigent Criminal Defendants , Mark M. Horgan
Pepperdine Law Review
No abstract provided.
The Right Of The Prosecutor To Advance Notice Of The Defendant's Alibi Defense , Thomas J. Hickey
The Right Of The Prosecutor To Advance Notice Of The Defendant's Alibi Defense , Thomas J. Hickey
Pepperdine Law Review
No abstract provided.
In Re N, Juvenile Court Must Inform Minor Of His Right To Appeal , John H. Paulsen
In Re N, Juvenile Court Must Inform Minor Of His Right To Appeal , John H. Paulsen
Pepperdine Law Review
No abstract provided.
The California Constitution And Counsel At Pretrial Lineups: Disneyland Claims Or Deadly Serious Business? , John Moravek
The California Constitution And Counsel At Pretrial Lineups: Disneyland Claims Or Deadly Serious Business? , John Moravek
Pepperdine Law Review
No abstract provided.
United States Vs. Peltier - The Good Faith Belief Of The Police Officer, Ronald R. Talmo
United States Vs. Peltier - The Good Faith Belief Of The Police Officer, Ronald R. Talmo
Pepperdine Law Review
No abstract provided.
Johnson V. Superior Court - The Future Of The Grand Jury Indictment In California , Suzanne Haigh
Johnson V. Superior Court - The Future Of The Grand Jury Indictment In California , Suzanne Haigh
Pepperdine Law Review
No abstract provided.
Murguia V. Municipal Court - The Defense Of Discriminatory Prosecution, Jeffrey L. Garland
Murguia V. Municipal Court - The Defense Of Discriminatory Prosecution, Jeffrey L. Garland
Pepperdine Law Review
No abstract provided.
The Constitutional Right Of Self-Representation: Faretta And The “Assistance Of Counsel”, Joan W. Garrott
The Constitutional Right Of Self-Representation: Faretta And The “Assistance Of Counsel”, Joan W. Garrott
Pepperdine Law Review
No abstract provided.
People V. Brisendine: Search And Seizure In California , Donald E. Buddenbaum
People V. Brisendine: Search And Seizure In California , Donald E. Buddenbaum
Pepperdine Law Review
No abstract provided.
The Pre-Arraignment Lineup: Necessity Of A Magistrate, Harry M. Caldwell, Douglas S. Smith
The Pre-Arraignment Lineup: Necessity Of A Magistrate, Harry M. Caldwell, Douglas S. Smith
Pepperdine Law Review
No abstract provided.
Discovery By The Prosecution In Criminal Cases: Prudhomme Reconsidered , Jon R. Rolefson
Discovery By The Prosecution In Criminal Cases: Prudhomme Reconsidered , Jon R. Rolefson
Pepperdine Law Review
No abstract provided.
Limiting The Use Of Prior Felony Convictions To Impeach A Defendant - Witness In California Criminal Proceedings, Richard E. Boehm
Limiting The Use Of Prior Felony Convictions To Impeach A Defendant - Witness In California Criminal Proceedings, Richard E. Boehm
Pepperdine Law Review
No abstract provided.
Mens Rea, Due Process And The Burden Of Proving Sanity Or Insanity, Daniel K. Spradlin
Mens Rea, Due Process And The Burden Of Proving Sanity Or Insanity, Daniel K. Spradlin
Pepperdine Law Review
No abstract provided.
Beyond Kent And Gault: Consensual Searches And Juveniles, Larry T. Pleiss
Beyond Kent And Gault: Consensual Searches And Juveniles, Larry T. Pleiss
Pepperdine Law Review
No abstract provided.
Fare V. Michael C.: Juveniles And In Custodial Interrogations , Gregory S. Chudacoff
Fare V. Michael C.: Juveniles And In Custodial Interrogations , Gregory S. Chudacoff
Pepperdine Law Review
In the principal case, Fare v. Michael C., the United States Supreme Court rejects the position of the Supreme Court of California that a juvenile's request for the presence of his probation officer constitutes an invocation of the juvenile's right to remain silent within the meaning of the Miranda decision. The author examines the rationale applied by each court enroute to this split of opinion, and suggests a middle ground which would accommodate the concerns of both courts with respect to the protection of an accused juvenile at the custodial interrogation stage.
Juvenile Discovery: A Developing Trend And A Word Of Caution, Diane Geraghty
Juvenile Discovery: A Developing Trend And A Word Of Caution, Diane Geraghty
Pepperdine Law Review
The use of discovery is acknowledged as essential to the efficient administration of justice and to the fairness of the adversary system in both civil and criminal proceedings. However, the juvenile court system has been slow to implement various means of discovery, largely as a result of the doctrine of parens patriae and the unique nature of the juvenile process. Although a discernible trend indicates acceptance of pretrial discovery, there has been considerable experimentation at decisional and statutory levels to develop procedurally protective discovery mechanisms. Professor Geraghty traces the use of discovery in juvenile proceedings and devotes particular attention to …
Mackey V. Montrym: Clarification On A Matter Of Timing , Alan J. Cohen
Mackey V. Montrym: Clarification On A Matter Of Timing , Alan J. Cohen
Pepperdine Law Review
No abstract provided.
Commonwealth Of Kentucky V. Whorton: The Erosion Of A Bastion Of The Law , Robert C. Graham Iii
Commonwealth Of Kentucky V. Whorton: The Erosion Of A Bastion Of The Law , Robert C. Graham Iii
Pepperdine Law Review
No abstract provided.
The Government's Right To Appeal In Criminal Cases - A Procedural Question, Curtis L. Muncy
The Government's Right To Appeal In Criminal Cases - A Procedural Question, Curtis L. Muncy
Pepperdine Law Review
No abstract provided.
California Adopts The Unproven Federal Minority View Of Entrapment , Steven D. Campen
California Adopts The Unproven Federal Minority View Of Entrapment , Steven D. Campen
Pepperdine Law Review
No abstract provided.
Full Court Press: The Imperial Judiciary Vs. The Paranoid Press , Francis I. Dale, Mitchell W. Dale
Full Court Press: The Imperial Judiciary Vs. The Paranoid Press , Francis I. Dale, Mitchell W. Dale
Pepperdine Law Review
No abstract provided.
United States V. Salvucci: The Problematic Absence Of Automatic Standing, William C. Bollard
United States V. Salvucci: The Problematic Absence Of Automatic Standing, William C. Bollard
Pepperdine Law Review
The United States Supreme Court recently abolished the automatic standing rule in United States v. Salvucci. The author analyzes the difficulties created for the criminal defendant charged with a possessory crime. In particular, this note focuses on the inequitable position the defendant is placed in when his suppression hearing testimony is used as a tool to impeach subsequent testimony offered at trial. The author continues by pointing out that the "prosecutorial self-contradiction," sought to be abolished in Salvucci, remains a part of our present judicial system. In conclusion, the author offers several considerations that will necessarily be an integral part …
United States V. Henry: The Further Expansion Of The Criminal Defendant's Right To Counsel During Interrogations, Kevin T. Kerr
United States V. Henry: The Further Expansion Of The Criminal Defendant's Right To Counsel During Interrogations, Kevin T. Kerr
Pepperdine Law Review
Despite the Burger Court's history of judicial conservatism, the Supreme Court in United States v. Henry exceeds the liberality of the Warren Court in the area of criminal defendant rights. The decision in Henry clearly provides further limitations upon the government's ability to conduct interrogations. The author examines the Court's factual and legal analysis of the case, emphasizes how the test established in Henry surpasses the rule promulgated in Massiah, and discusses the decision's impact as well as the curious turnabout of Chief Justice Burger.
Understanding Admissibility Of Prior Bad Acts: A Diagrammatic Approach, William Roth
Understanding Admissibility Of Prior Bad Acts: A Diagrammatic Approach, William Roth
Pepperdine Law Review
One of the most misunderstood areas of evidence in criminal cases is the admissibility of a defendant's prior bad acts. This article discusses both the practical and theoretical perspectives of prior bad acts and presents a diagram of the different admissibility theories. This visual aid is a great step forward in simplifying this problematic area.
United States V. Ross: Search And Seizure Made Simple, Donald L. Dalton
United States V. Ross: Search And Seizure Made Simple, Donald L. Dalton
Pepperdine Law Review
The United States Supreme Court in United States v. Ross vastly simplified the process of searching closed containers found in an automobile during a lawful Carroll search yet, at the same time, placed in question the importance of the search warrant in the scheme of fourth amendment jurisprudence by equating the policeman's determination of probable cause with that of the magistrate.
Federal Discretion In The Prosecution Of Local Political Corruption, Andrew T. Baxter
Federal Discretion In The Prosecution Of Local Political Corruption, Andrew T. Baxter
Pepperdine Law Review
Federal prosecutors' awareness of political corruption at the state and local levels has recently increased concomitantly to the incidence of disclosures and prosecutions of similar corruption at the federal level. Because local law enforcement officials have frequently been unable or unwilling to pursue local political corruption, federal prosecutors have increasingly assumed responsibility for the policing of non-federal political criminal activity, even in the absence of definitive statutory grounds. In this article, the author examines the legal basis upon which federal prosecution of local political corruption is conducted. It is asserted that existing federal judicial and legislative limitations provide an inexact …
Under The Influence Of California's New Drunk Driving Law: Is The Drunk Driver's Presumption Of Innocence On The Rocks? , Douglas Caiafa, A. Randall Farnsworth
Under The Influence Of California's New Drunk Driving Law: Is The Drunk Driver's Presumption Of Innocence On The Rocks? , Douglas Caiafa, A. Randall Farnsworth
Pepperdine Law Review
On January 1, 1982, the new California drunk driving law went into effect. This law makes it a crime to drive a motor vehicle where one's blood alcohol level is .10 or more. The law also marks a legislative attempt to curtail the practice of plea bargaining in drunk driving cases and significantly increases the penalties imposed upon those convicted of drunk driving. This Comment will discuss the provisions of the new drunk driving law and examine its constitutionality.
A Constitutional Determination Of The Duty Of Court-Appointed Appellate Counsel: An Analysis Of Jones V. Barnes , Catherine D. Purcell
A Constitutional Determination Of The Duty Of Court-Appointed Appellate Counsel: An Analysis Of Jones V. Barnes , Catherine D. Purcell
Pepperdine Law Review
No abstract provided.
In Personam (Criminal) Forfeiture And Federal Drug Felonies: An Expansion Of A Harsh English Tradition Into A Modern Dilemma, William J. Hughes, Edward H. O'Connell Jr.
In Personam (Criminal) Forfeiture And Federal Drug Felonies: An Expansion Of A Harsh English Tradition Into A Modern Dilemma, William J. Hughes, Edward H. O'Connell Jr.
Pepperdine Law Review
No abstract provided.
Mistreating A Symptom: The Legitimizing Of Mandatory, Indefinite Commitment Of Insanity Acquittees - Jones V. United States, Paul S. Avilla
Mistreating A Symptom: The Legitimizing Of Mandatory, Indefinite Commitment Of Insanity Acquittees - Jones V. United States, Paul S. Avilla
Pepperdine Law Review
At the end of the 1982 term, in Jones v. United States, the United States Supreme Court upheld a District of Columbia statute requiring the automatic and indefinite commitment of persons acquitted by reason of insanity. While under the D.C. statute the acquittee is periodically given the opportunity to gain release, the practice of involuntarily confining someone who has been acquitted raises serious due process and equal protection issues. This note examines the Court's analysis of these issues, focusing on a comparison of the elements necessary for an insanity defense with the showing required by the due process clause for …