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Articles 1 - 30 of 68
Full-Text Articles in Law
Discovery Depositions In Florida Criminal Proceedings: Should They Survive?, John F. Yetter
Discovery Depositions In Florida Criminal Proceedings: Should They Survive?, John F. Yetter
Florida State University Law Review
Pursuant to a Concurrent Resolution of the 1988 Florida Legislature, the Supreme Court of Florida created a commission which is presently studying the use of depositions by the defense in criminal prosecutions. In this Article, Dean Yetter, a member of the commission, traces the history of criminal defense depositions in Florida, explores the arguments which shaped last session's legislative debate, and identifies available options for reform.
Dna Identification Tests And The Courts, Laurel Beeler, William R. Wiebe
Dna Identification Tests And The Courts, Laurel Beeler, William R. Wiebe
Washington Law Review
This Comment assesses the current state of forensic DNA tests and analyzes whether courts should admit the results of these tests as evidence. Section I provides a background discussion of how DNA tests work. This knowledge is essential for attorneys and courts seeking to evaluate expert testimony and analyze important issues concerning the reliability and admissibility of DNA test results. Section I also proposes safeguards and standards to facilitate the judicial acceptance of forensic DNA tests. Section II discusses judicial approaches to the admissibility of novel scientific techniques such as DNA tests, and concludes that courts should admit the results …
Miranda Decision Revisited: Did It Give Criminals Too Many Rights?, Paul Marcus, Stephen J. Markman
Miranda Decision Revisited: Did It Give Criminals Too Many Rights?, Paul Marcus, Stephen J. Markman
Faculty Publications
No abstract provided.
Dna Identification Tests And The Courts, Laurel Beeler, William R. Wiebe
Dna Identification Tests And The Courts, Laurel Beeler, William R. Wiebe
Washington Law Review
This Comment assesses the current state of forensic DNA tests and analyzes whether courts should admit the results of these tests as evidence. Section I provides a background discussion of how DNA tests work. This knowledge is essential for attorneys and courts seeking to evaluate expert testimony and analyze important issues concerning the reliability and admissibility of DNA test results. Section I also proposes safeguards and standards to facilitate the judicial acceptance of forensic DNA tests. Section II discusses judicial approaches to the admissibility of novel scientific techniques such as DNA tests, and concludes that courts should admit the results …
The Concurrent Sentence Doctrine Dies A Quiet Death -- Or Are The Reports Greatly Exaggerated?, Anne S. Emanuel
The Concurrent Sentence Doctrine Dies A Quiet Death -- Or Are The Reports Greatly Exaggerated?, Anne S. Emanuel
Florida State University Law Review
The concurrent sentence doctrine is a judicially-created rule of criminal procedure. In this article, Professor Emanuel traces the history of the doctrine from its roots in eighteenth-century England to its current status in state and federal courts. Recently, the United States Supreme Court effectively forestalled the use of the doctrine in any federal felony conviction; however, Professor Emanuel argues that the doctrine remains viable in collateral actions for postconviction relief from federal convictions and in state couts.
Criminal Procedure—Waiver Of Appellate Review Of Death Sentences In Arkansas. Standing—Capacity To Litigate Matters Of Public Interest In Arkansas. Franz V. State, 296 Ark. 181, 754 S.W.2d 839 (1988)., Michael White
University of Arkansas at Little Rock Law Review
No abstract provided.
The Prosecutor As "Minister Of Justice", Bennett L. Gershman
The Prosecutor As "Minister Of Justice", Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
Times have changed. Today, prosecutors are on top of the world. Their powers are enormous, and constantly reinforced by sympathetic legislatures and courts. The "awful instruments of the criminal law," as Justice Frankfurter described the system,1 are today supplemented with broad new crimes, easier proof requirements, heavier sentencing laws, and an extremely cooperative judiciary, from district and state judges, to the highest Court in the land.
Mandatory And Permissive Presumptions In Criminal Cases: The Morass Created By Allen, Shari L. Jacobson
Mandatory And Permissive Presumptions In Criminal Cases: The Morass Created By Allen, Shari L. Jacobson
University of Miami Law Review
No abstract provided.
In Search Of The Virtuous Prosecutor: A Conceptual Framework, Stanley Z. Fisher
In Search Of The Virtuous Prosecutor: A Conceptual Framework, Stanley Z. Fisher
Faculty Scholarship
Questions about the scope and content of the duty to "seek justice" pervade prosecutorial work. Prosecutors are required to serve in a dual role: they are both advocates seeking conviction and "ministers of justice." Observers have complained about a tendency on the part of prosecutors to prefer the former of these "schizophrenic" obligations to the latter. This is commonly described as a tendency to behave overzealously or according to a "conviction psychology. ' "
State Constitutional Protection For Defendants In Criminal Prosecutions, Paul Marcus
State Constitutional Protection For Defendants In Criminal Prosecutions, Paul Marcus
Faculty Publications
No abstract provided.
The Charging Decision: At Play In The Prosecutor's Nursery, David Schwendiman
The Charging Decision: At Play In The Prosecutor's Nursery, David Schwendiman
Brigham Young University Journal of Public Law
No abstract provided.
The Federal Prisoner Collateral Attack: Requiescat In Pace, Josephine R. Potuto
The Federal Prisoner Collateral Attack: Requiescat In Pace, Josephine R. Potuto
BYU Law Review
No abstract provided.
A Due Process Analysis Of The Impeachment Use Of Silence In Criminal Trials, Barbara Rook Snyder
A Due Process Analysis Of The Impeachment Use Of Silence In Criminal Trials, Barbara Rook Snyder
William & Mary Law Review
No abstract provided.
Postsentence Sentencing: Determining Probation Revocation Sanctions, Bradford Mank
Postsentence Sentencing: Determining Probation Revocation Sanctions, Bradford Mank
Faculty Articles and Other Publications
Although procedural due process requirements govern the proof of a violation in a probation revocation hearing, judges exercise almost total discretion in deciding what sanctions to impose once a violation is established. These postsentence judgments can be as important as the initial sentencing. Sanctions for even minor probation violations can range from obligating a probationer to meet with his probation officer more frequently to executing a suspended prison sentence. The Supreme Court recognized in Morrissey v. Brewer that the choice of sanctions is often more complex than the proof of a violation. Principles must be developed to regulate postsentence sentencing. …
Broken Promises And Involuntary Confessions: May A State Introduce Incriminating Statements Made By A Defendant As A Result Of Promises In A Plea Bargain Agreement If The Defendant Breaches That Agreement?, Bradford Mank
Faculty Articles and Other Publications
There is a substantial constitutional question concerning whether admissions made pursuant to a plea bargain that the defendant has breached are admissible under the fifth amendment's privilege against compelled self-incrimination or the due process clauses of the fifth and fourteenth amendments. Courts have reached conflicting results in regard to whether such statements are voluntary.lo This Article argues that it is difficult to resolve whether such admissions are voluntary because courts have not provided a clear definition as to under what circumstances a confession is voluntary in accordance with the dictates of the fifth and fourteenth amendments.
Criminal Procedure, James P. Carey, Paul A. Gilman
Criminal Procedure, James P. Carey, Paul A. Gilman
Loyola University Chicago Law Journal
No abstract provided.
Second Degree Murder Replaces Voluntary Manslaughter In Illinois: Problems Solved, Problems Created, James B. Haddad
Second Degree Murder Replaces Voluntary Manslaughter In Illinois: Problems Solved, Problems Created, James B. Haddad
Loyola University Chicago Law Journal
No abstract provided.
Criminal Procedure: The Admissibility Of A Criminal Defendant's Hypnotically Refreshed Testimony - Rock V. Arkansas, Audrey Cooper
Criminal Procedure: The Admissibility Of A Criminal Defendant's Hypnotically Refreshed Testimony - Rock V. Arkansas, Audrey Cooper
Campbell Law Review
This Note discusses the nature and history of hypnosis and supports the Rock Court's holding as the correct approach. The procedural safeguards approach decreases risks associated with hypnosis that may adversely affect the reliability of a defendant's subsequent testimony and protects a defendant's constitutional right to testify in her own behalf. This approach allows a court to admit hypnotically enhanced testimony where there are indices that the testimony is reliable and advances our judicial system's search for the truth.
Criminal Procedure: The Supreme Court Takes A Stance With Plain View Searches And Seizures - Arizona V. Hicks, Tonya C. Cumalander
Criminal Procedure: The Supreme Court Takes A Stance With Plain View Searches And Seizures - Arizona V. Hicks, Tonya C. Cumalander
Campbell Law Review
This Note will assess the ramifications and effect of Arizona v. Hicks on existing search and seizure law and law enforcement in general. Further, it will propose and evaluate a more flexible alternative approach that the Court could have taken.
Plea Bargaining And The Supreme Court, Loftus Becker
Plea Bargaining And The Supreme Court, Loftus Becker
Faculty Articles and Papers
No abstract provided.
White V. State: And Now For Something Different, Susan Stuart, Richard Pitts
White V. State: And Now For Something Different, Susan Stuart, Richard Pitts
Law Faculty Publications
No abstract provided.
Sentencing The Mentally Retarded To Death: An Eighth Amendment Analysis, John H. Blume, David Bruck
Sentencing The Mentally Retarded To Death: An Eighth Amendment Analysis, John H. Blume, David Bruck
Cornell Law Faculty Publications
Today, on death rows across the United States, sit a number of men with the minds of children. These people are mentally retarded. Typical of these individuals is Limmie Arthur, who currently is imprisoned at Central Correctional Institution in Columbia, South Carolina. Although Arthur is twenty-eight years old, all the mental health professionals who have evaluated him, including employees of the South Carolina Department of Corrections, agree he has the mental capacity of approximately a 10-year-old child. Arthur was convicted and sentenced to death for the murder of a neighbor. At his first trial, his court appointed attorneys did not …
Judicial Vigilantism: Inherent Judicial Authority To Appoint Contempt Prosecutors In Young V. United States Ex Rel Vuitton Et Fils S.A., Neal Devins, Steven J. Mulroy
Judicial Vigilantism: Inherent Judicial Authority To Appoint Contempt Prosecutors In Young V. United States Ex Rel Vuitton Et Fils S.A., Neal Devins, Steven J. Mulroy
Kentucky Law Journal
No abstract provided.
Risk Arbitrage And Insider Trading: A Functional Analysis Of The Fiduciary Concept Under Rule 10b-5, Laurence A. Steckman
Risk Arbitrage And Insider Trading: A Functional Analysis Of The Fiduciary Concept Under Rule 10b-5, Laurence A. Steckman
Touro Law Review
No abstract provided.
Habeas Corpus Committee - Correspondence, Lewis F. Powell Jr.
Habeas Corpus Committee - Correspondence, Lewis F. Powell Jr.
Habeas Corpus Committee
No abstract provided.
Bright Line Seizures: The Need For Clarity In Determining When Fourth Amendment Activity Begins, Edwin J. Butterfoss
Bright Line Seizures: The Need For Clarity In Determining When Fourth Amendment Activity Begins, Edwin J. Butterfoss
Faculty Scholarship
This Article proposes that the Mendenhall-Royer standard, as presently interpreted, should be discarded because it is unworkable and fails to strike the appropriate balance between the liberty interests of citizens and the interest of the state in combatting crime. The test is unworkable because the outcomes of cases turn on subtle factual distinctions unrelated to an individual's actual freedom to end an encounter with a police officer, making it difficult for police officers to apply the standard in the field and adjust their conduct accordingly. Moreover, the standard provides insufficient protection for an individual's rights by failing to consider the …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Annual Survey Of Virginia Law: Criminal Law And Procedure, Steven D. Benjamin
Annual Survey Of Virginia Law: Criminal Law And Procedure, Steven D. Benjamin
University of Richmond Law Review
A police officer's detention of a citizen is a "seizure" of the person for purposes of the fourth amendment, and must be reasonable in light of the totality of the circumstances. Significant police encounters fall into two categories-the brief investigatory detention and the more intrusive, full-blown arrest.
Rock V. Arkansas: Hypnosis And The Prejudice Rule - Your Memories May Not Be Your Own, 21 J. Marshall L. Rev. 409 (1988), Gail Downer Zwemke
Rock V. Arkansas: Hypnosis And The Prejudice Rule - Your Memories May Not Be Your Own, 21 J. Marshall L. Rev. 409 (1988), Gail Downer Zwemke
UIC Law Review
No abstract provided.