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Articles 1 - 30 of 109
Full-Text Articles in Law
Criminal Law And Procedure, John O. Cole
Criminal Law And Procedure, John O. Cole
Mercer Law Review
The Georgia appellate courts wrote opinions in over 500 cases during the year of the survey period, most of which were in the court of appeals. The volumes in question in this survey are positively bloated with criminal appeals. Reading through them is a depressing experience for two reasons. First, something seems amiss in a system in which so many attorneys, judges, law clerks, other officials, printers, and trees participate in an appellate process that for the most part changes nothing and has no effect on the litigants. Second, while some of the appeals are meritless to the point of …
Two Cheers For A Tale Of Three Cities, David Yellen
An Overview Of The Law Of Jury Selection For Arkansas Criminal Trial Lawyers, J. Thomas Sullivan
An Overview Of The Law Of Jury Selection For Arkansas Criminal Trial Lawyers, J. Thomas Sullivan
University of Arkansas at Little Rock Law Review
No abstract provided.
An End Run Around The Exclusionary Rule: The Use Of Illegally Seized Evidence Under The Federal Sentencing Guidelines, Victor Jay Miller
An End Run Around The Exclusionary Rule: The Use Of Illegally Seized Evidence Under The Federal Sentencing Guidelines, Victor Jay Miller
William & Mary Law Review
No abstract provided.
Medina V. California 112 S.Ct. 2572 (1992)
Medina V. California 112 S.Ct. 2572 (1992)
Capital Defense Journal
No abstract provided.
Subtle Influences: The Constitutionality Of Jailhouse Informant Testimony In Capital Cases, Wendy Freeman Miles
Subtle Influences: The Constitutionality Of Jailhouse Informant Testimony In Capital Cases, Wendy Freeman Miles
Capital Defense Journal
No abstract provided.
United States V. Halper: Making Double Jeopardy Available In Civil Actions, Nelson T. Abbott
United States V. Halper: Making Double Jeopardy Available In Civil Actions, Nelson T. Abbott
Brigham Young University Journal of Public Law
No abstract provided.
The Exhaustion Doctrine: State Prisoners Caught Between Civil Rights Actions And Writs Of Habeas Corpus, Linda Marie Bell
The Exhaustion Doctrine: State Prisoners Caught Between Civil Rights Actions And Writs Of Habeas Corpus, Linda Marie Bell
San Diego Law Review
This Comment explores the conflict between two federal laws when prisoners challenging their confinement seek damages or declaratory relief. On one hand, the exhaustion doctrine requires state prisoners to exhaust their state remedies before filing a petition for a writ of habeas corpus in federal court when they contest their confinement. On the other hand, prisoners challenging their civil rights may file in federal court without exhausting all state remedies. This Comment addresses how federal courts should determine which rule to apply when a prisoner brings an action contesting confinement, but seeks only declaratory relief or damages. The author proposes …
Speak Of The Missing Witness, And Surely He Shall Appear: The Missing Witness Doctrine And The Constitutional Rights Of Criminal Defendants—State V. Blair, 117 Wash. 2d 479, 816 P.2d 718 (1991), Carl T. Edwards
Washington Law Review
In State v. Blair, the Washington Supreme Court held for the first time that the state may use the missing witness doctrine against criminal defendants. Under the missing witness doctrine, which provides a permissive inference based on a defendant's failure to present available witnesses, prosecutors may now argue that a defendant failed to call certain witnesses because the defendant feared that their testimony would have been incriminating. This Note examines the court's decision in State v. Blair, the formulation of the missing witness doctrine adopted by the court, and the common law origins of the missing witness doctrine. This Note …
Turning Back The Clock On Sexual Abuse Of Children: Amending Virginia's Statute Of Limitations, Paul A. Lombardo
Turning Back The Clock On Sexual Abuse Of Children: Amending Virginia's Statute Of Limitations, Paul A. Lombardo
Faculty Publications By Year
No abstract provided.
Harmelin V. Michigan: The Supreme Court Narrows The Proportionality Principle, Neil S. Whiteman
Harmelin V. Michigan: The Supreme Court Narrows The Proportionality Principle, Neil S. Whiteman
West Virginia Law Review
No abstract provided.
Deliberate Response Falsification On Corresponding Subtests Of Two Tests Of Intelligence: Indicators For Simulating Mental Retardation, Denis William Keyes
Deliberate Response Falsification On Corresponding Subtests Of Two Tests Of Intelligence: Indicators For Simulating Mental Retardation, Denis William Keyes
Special Education ETDs
Among concerns inherent in psychological testing is the possibility that examinees might perform less than accurately or honestly when responding to test items (Lezak, 1983). In context of some legal proceedings, individuals may stand to gain by performing poorly on physiological tests (Anastasti, 1988). For example, defendants could attempt to falsify their answers to impersonate an individual with mental retardation for the purpose of raising issues of incompetence to stand trial, nonresponsibility, or mitigation. In some states, a finding of mental retardation may mean the difference between a life sentence and execution for a defendant convicted of a capital crime. …
Violence Against Women And Legal Education: An Essay For Mary Joe Frug, Elizabeth M. Schneider
Violence Against Women And Legal Education: An Essay For Mary Joe Frug, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
Balancing The Need For Enhanced Sentences For Perjury At Trial Under Section 3c1.1 Of The Sentencing Guidelines And The Defendant's Right To Testify, Peter J. Henning
Balancing The Need For Enhanced Sentences For Perjury At Trial Under Section 3c1.1 Of The Sentencing Guidelines And The Defendant's Right To Testify, Peter J. Henning
Law Faculty Research Publications
No abstract provided.
Drug Felony Capital Murder In Virginia, Sharron Lamoreaux
Drug Felony Capital Murder In Virginia, Sharron Lamoreaux
Capital Defense Journal
No abstract provided.
Scottsboro Boys In 1991: The Promise Of Adequate Criminal Representation Through The Years, Charles W. Wolfram
Scottsboro Boys In 1991: The Promise Of Adequate Criminal Representation Through The Years, Charles W. Wolfram
Cornell Law Faculty Publications
No abstract provided.
Constitutional Law—Confrontation Clause—Arkansas Child Hearsay Exception Regarding Sexual Offenses, Abuse, Or Incest Is Unconstitutional. George V. State, 306 Ark. 360, 813 S.W.2d 792 (1991)., Mark D. Wolf
University of Arkansas at Little Rock Law Review
No abstract provided.
Criminal Procedure—Harmless Error—Coerced Confession Is No Longer Grounds For Automatic Reversal Of A Trial. Arizona V. Fulminante, 111 S. Ct. 1246 (1991)., Lynn Trulock Ravellette
Criminal Procedure—Harmless Error—Coerced Confession Is No Longer Grounds For Automatic Reversal Of A Trial. Arizona V. Fulminante, 111 S. Ct. 1246 (1991)., Lynn Trulock Ravellette
University of Arkansas at Little Rock Law Review
No abstract provided.
Opposing Peremptory Challenges Under Batson, Marcus E. Garcia, James W. Miller Jr.
Opposing Peremptory Challenges Under Batson, Marcus E. Garcia, James W. Miller Jr.
Capital Defense Journal
No abstract provided.
Mitigation: An Outline Of Law, Method And Strategy, Peter T. Hansen
Mitigation: An Outline Of Law, Method And Strategy, Peter T. Hansen
Capital Defense Journal
No abstract provided.
Criminal Procedure—Harmless Error—Coerced Confession Is No Longer Grounds For Automatic Reversal Of A Trial. Arizona V. Fulminante, 111 S. Ct. 1246 (1991)., Lynn Trulock Ravellette
Criminal Procedure—Harmless Error—Coerced Confession Is No Longer Grounds For Automatic Reversal Of A Trial. Arizona V. Fulminante, 111 S. Ct. 1246 (1991)., Lynn Trulock Ravellette
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Law—Confrontation Clause—Arkansas Child Hearsay Exception Regarding Sexual Offenses, Abuse, Or Incest Is Unconstitutional. George V. State, 306 Ark. 360, 813 S.W.2d 792 (1991)., Mark D. Wolf
University of Arkansas at Little Rock Law Review
No abstract provided.
Coordinating Sanctions For Corporate Misconduct: Civil Or Criminal Punishment, David Yellen, Carl J. Mayer
Coordinating Sanctions For Corporate Misconduct: Civil Or Criminal Punishment, David Yellen, Carl J. Mayer
Articles
No abstract provided.
Tricks Prosecutors Play, Bennett L. Gershman
Tricks Prosecutors Play, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
Criminal defense lawyers must recognize and challenge prosecutorial misconduct whenever it occurs. In my opinion, prosecutor's today wield greater power, engage in more egregious misconduct, and are less subject to judicial or bar association oversight than ever before. Few defense lawyers or commentators would disagree with these conclusions. Indeed, some types of prosecutorial misconduct have become almost “normative to the system.”
Case Comments: Civil And Criminal Procedure And Sentencing
Case Comments: Civil And Criminal Procedure And Sentencing
Washington and Lee Law Review
No abstract provided.
The Impact Of Criminal Justice Administration On The Penal Sanction, Mark Findlay
The Impact Of Criminal Justice Administration On The Penal Sanction, Mark Findlay
Research Collection Yong Pung How School Of Law
One of the central philosophies underlying the Report of the Royal Commission into NSW Prisons is revealed in the widely quoted aphorism, "A person is sent to prison as punishment, not for punishment". The conditions under which prisoners are contained feature crucially in assessing both the perceptions and reality of prison as a punishment. Expectations for the experience of imprisonment vary enormously. These expectations in many particular forms have been used to justify the expansion and diversification of the penal sanction. In their most modest representation, however, it is hoped that "by treating all prisoners humanely in a manner befitting …
The Congressional Subpeona: Power, Limitations And Witness Protection, Christopher F. Corr, Gregory J. Spak
The Congressional Subpeona: Power, Limitations And Witness Protection, Christopher F. Corr, Gregory J. Spak
Brigham Young University Journal of Public Law
No abstract provided.
Procedural Due Process In Guidelines Sentencing, Susan Herman
Procedural Due Process In Guidelines Sentencing, Susan Herman
Faculty Scholarship
No abstract provided.
Police Officers Accused Of Crime: Prosecutorial And Fifth Amendment Risks Posed By Police-Elicited "Use Immunized" Statements, Kate Bloch
Faculty Scholarship
No abstract provided.
(Un)Luckey V. Miller: The Case For A Structural Injunction To Improve Indigent Defense Services, Rodger D. Citron
(Un)Luckey V. Miller: The Case For A Structural Injunction To Improve Indigent Defense Services, Rodger D. Citron
Scholarly Works
No abstract provided.