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Criminal Procedure

1988

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Articles 1 - 30 of 64

Full-Text Articles in Law

Miranda Decision Revisited: Did It Give Criminals Too Many Rights?, Paul Marcus, Stephen J. Markman Oct 1988

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 Oct 1988

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 ...


Discovery Depositions In Florida Criminal Proceedings: Should They Survive?, John F. Yetter Oct 1988

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 Oct 1988

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 ...


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 Jul 1988

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 Concurrent Sentence Doctrine Dies A Quiet Death -- Or Are The Reports Greatly Exaggerated?, Anne S. Emanuel Jul 1988

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.


Mandatory And Permissive Presumptions In Criminal Cases: The Morass Created By Allen, Shari L. Jacobson May 1988

Mandatory And Permissive Presumptions In Criminal Cases: The Morass Created By Allen, Shari L. Jacobson

University of Miami Law Review

No abstract provided.


The Prosecutor As "Minister Of Justice", Bennett L. Gershman May 1988

The Prosecutor As "Minister Of Justice", Bennett L. Gershman

Pace 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.


State Constitutional Protection For Defendants In Criminal Prosecutions, Paul Marcus Apr 1988

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 Mar 1988

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 Mar 1988

The Federal Prisoner Collateral Attack: Requiescat In Pace, Josephine R. Potuto

BYU Law Review

No abstract provided.


Iv. Criminal Procedure Mar 1988

Iv. Criminal Procedure

Washington and Lee Law Review

No abstract provided.


A Due Process Analysis Of The Impeachment Use Of Silence In Criminal Trials, Barbara Rook Snyder Feb 1988

A Due Process Analysis Of The Impeachment Use Of Silence In Criminal Trials, Barbara Rook Snyder

William & Mary Law Review

No abstract provided.


Role Of The Criminal Defense Lawyer In Representing The Mentally Impaired Defendant: Zealous Advocate Or Officer Of The Court, Rodney J. Uphoff Jan 1988

Role Of The Criminal Defense Lawyer In Representing The Mentally Impaired Defendant: Zealous Advocate Or Officer Of The Court, Rodney J. Uphoff

Faculty Publications

This article examines a difficult question in the representation of mentally impaired criminal defendants: should counsel be obligated to inform the court of doubts about a client's competency to stand trial even though doing so may be contrary to the client's wishes or best interests? Professor Rodney J. Uphoff analyzes authorities that impose such an obligation on defense lawyers, including an American Bar Association Criminal Justice Standard and a recent decision of the Wisconsin Supreme Court, State v. Johnson. Uphoff concludes that these authorities needlessly undercut the mentally impaired defendant's right to zealous representation. He proposes an ...


Criminal Procedure, James P. Carey, Paul A. Gilman Jan 1988

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 Jan 1988

Second Degree Murder Replaces Voluntary Manslaughter In Illinois: Problems Solved, Problems Created, James B. Haddad

Loyola University Chicago Law Journal

No abstract provided.


University Of Richmond Law Review Jan 1988

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


Prison Reform Issues For The Eighties: Modification And Dissolution Of Injunctions In The Federal Courts, Sarah N. Welling, Barbara W. Jones Jan 1988

Prison Reform Issues For The Eighties: Modification And Dissolution Of Injunctions In The Federal Courts, Sarah N. Welling, Barbara W. Jones

Law Faculty Scholarly Articles

During the past two decades, federal courts have become involved in the supervision of state and local prison systems. This supervisory role is the result of a new type of litigation, the institutional reform lawsuit. These lawsuits originate when prisoners sue state or local prison administrators, alleging unconstitutional conditions of confinement. Plaintiffs usually seek a permanent injunction outlining a plan to eliminate the offending conditions. As prison litigation matured, the normal evolution of these lawsuits led to new questions taking center stage in the 1980's, questions of injunction, modification, and dissolution.

This article begins with a summary examination of ...


Annual Survey Of Virginia Law: Criminal Law And Procedure, Steven D. Benjamin Jan 1988

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.


Redefining A Culpable Mental State For Non-Triggermen Facing The Death Penalty, James J. Holman Jan 1988

Redefining A Culpable Mental State For Non-Triggermen Facing The Death Penalty, James J. Holman

Villanova Law Review

No abstract provided.


Justice Or Mercy?–A Personal Note On Defending The Guilty, Frederick Mark Gedicks Jan 1988

Justice Or Mercy?–A Personal Note On Defending The Guilty, Frederick Mark Gedicks

Faculty Scholarship

No abstract provided.


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 Jan 1988

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.


Victims In The Criminal Process: A Utilitarian Analysis Of Victim Participation In The Charging Decision, Sarah N. Welling Jan 1988

Victims In The Criminal Process: A Utilitarian Analysis Of Victim Participation In The Charging Decision, Sarah N. Welling

Law Faculty Scholarly Articles

Crime victims are currently being given the right to participate in criminal prosecutions at both the sentencing and plea bargaining stages. These are important steps in a criminal prosecution, but both the sentence and the plea bargain are dependent on the initial charging decision which determines what crime is to be prosecuted or whether there is to be any prosecution at all. As a prerequisite to both a plea bargain or a sentence, the charging decision is the crux of the prosecution.

Given the importance of the charging decision, and the fact that some jurisdictions have granted victims a right ...


Administrative Searches For Evidence Of Crime: The Impact Of New York V. Burger, Perry S. Reich Jan 1988

Administrative Searches For Evidence Of Crime: The Impact Of New York V. Burger, Perry S. Reich

Touro Law Review

No abstract provided.


Consequences Of Federalizing Criminal Law, Roger J. Miner '56 Jan 1988

Consequences Of Federalizing Criminal Law, Roger J. Miner '56

Criminal Law

No abstract provided.


Bright Line Seizures: The Need For Clarity In Determining When Fourth Amendment Activity Begins, Edwin J. Butterfoss Jan 1988

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 ...


Public Safety Exception To Miranda Careening Through The Lower Courts, Daniel B. Yeager Jan 1988

Public Safety Exception To Miranda Careening Through The Lower Courts, Daniel B. Yeager

Faculty Scholarship

No abstract provided.


Legality And Discretion In The Distribution Of Criminal Sanctions, Paul H. Robinson Jan 1988

Legality And Discretion In The Distribution Of Criminal Sanctions, Paul H. Robinson

Faculty Scholarship at Penn Law

No abstract provided.


Criminal Procedure - North Carolina's New Approach To Recanted Testimony - State V. Britt, Walter L. Jones Jan 1988

Criminal Procedure - North Carolina's New Approach To Recanted Testimony - State V. Britt, Walter L. Jones

Campbell Law Review

This Note will discuss how other jurisdictions have attempted to deal with recanted testimony and the criticisms directed toward these methods. This Note will further discuss why the modified version of the Larrison rule, as adopted by the North Carolina Supreme Court, is immune from these same criticisms. With Britt, the court seems to have adopted Larrison's positive principles without adding fuel to the conflict that decision created.


Criminal Procedure: The Supreme Court Takes A Stance With Plain View Searches And Seizures - Arizona V. Hicks, Tonya C. Cumalander Jan 1988

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.