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Criminal Procedure

1992

Institution
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Articles 1 - 30 of 88

Full-Text Articles in Law

Victim Impact Evidence: A New Lethal Weapon In Oklahoma, Randall Coyne Oct 1992

Victim Impact Evidence: A New Lethal Weapon In Oklahoma, Randall Coyne

Randall Coyne

No abstract provided.


An Overview Of The Law Of Jury Selection For Arkansas Criminal Trial Lawyers, J. Thomas Sullivan Oct 1992

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 Oct 1992

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.


Subtle Influences: The Constitutionality Of Jailhouse Informant Testimony In Capital Cases, Wendy Freeman Miles Sep 1992

Subtle Influences: The Constitutionality Of Jailhouse Informant Testimony In Capital Cases, Wendy Freeman Miles

Capital Defense Journal

No abstract provided.


Medina V. California 112 S.Ct. 2572 (1992) Sep 1992

Medina V. California 112 S.Ct. 2572 (1992)

Capital Defense Journal

No abstract provided.


United States V. Halper: Making Double Jeopardy Available In Civil Actions, Nelson T. Abbott Sep 1992

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 Aug 1992

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 Jul 1992

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 ...


Turning Back The Clock On Sexual Abuse Of Children: Amending Virginia's Statute Of Limitations, Paul A. Lombardo Jul 1992

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 Jun 1992

Harmelin V. Michigan: The Supreme Court Narrows The Proportionality Principle, Neil S. Whiteman

West Virginia Law Review

No abstract provided.


Living With Payne V. Tennessee: The Prosecutor's New Lethal Weapon, Randall Coyne May 1992

Living With Payne V. Tennessee: The Prosecutor's New Lethal Weapon, Randall Coyne

Randall Coyne

No abstract provided.


Deliberate Response Falsification On Corresponding Subtests Of Two Tests Of Intelligence: Indicators For Simulating Mental Retardation, Denis William Keyes May 1992

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 ...


Drug Felony Capital Murder In Virginia, Sharron Lamoreaux Apr 1992

Drug Felony Capital Murder In Virginia, Sharron Lamoreaux

Capital Defense Journal

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 Apr 1992

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.


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 Apr 1992

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 Apr 1992

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.


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 Apr 1992

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 Apr 1992

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.


Opposing Peremptory Challenges Under Batson, Marcus E. Garcia, James W. Miller Jr. Apr 1992

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 Apr 1992

Mitigation: An Outline Of Law, Method And Strategy, Peter T. Hansen

Capital Defense Journal

No abstract provided.


Scottsboro Boys In 1991: The Promise Of Adequate Criminal Representation Through The Years, Charles W. Wolfram Apr 1992

Scottsboro Boys In 1991: The Promise Of Adequate Criminal Representation Through The Years, Charles W. Wolfram

Cornell Law Faculty Publications

No abstract provided.


Tricks Prosecutors Play, Bennett L. Gershman Apr 1992

Tricks Prosecutors Play, Bennett L. Gershman

Pace 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.”


Violence Against Women And Legal Education: An Essay For Mary Joe Frug, Elizabeth M. Schneider Apr 1992

Violence Against Women And Legal Education: An Essay For Mary Joe Frug, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.


The Congressional Subpeona: Power, Limitations And Witness Protection, Christopher F. Corr, Gregory J. Spak Mar 1992

The Congressional Subpeona: Power, Limitations And Witness Protection, Christopher F. Corr, Gregory J. Spak

Brigham Young University Journal of Public Law

No abstract provided.


Case Comments: Civil And Criminal Procedure And Sentencing Mar 1992

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 Mar 1992

The Impact Of Criminal Justice Administration On The Penal Sanction, Mark Findlay

Research Collection 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 Victims' Bill Of Rights: Where Did It Come From And How Much Did It Do?, J. Clark Kelso, Brigitte A. Bass Jan 1992

The Victims' Bill Of Rights: Where Did It Come From And How Much Did It Do?, J. Clark Kelso, Brigitte A. Bass

McGeorge School of Law Scholarly Articles

No abstract provided.


Standards Of Review In Illinois Criminal Cases: The Need For Major Reform, 17 S. Ill. U. L.J. 51 (1992), Timothy P. O'Neill Jan 1992

Standards Of Review In Illinois Criminal Cases: The Need For Major Reform, 17 S. Ill. U. L.J. 51 (1992), Timothy P. O'Neill

Faculty Scholarship

No abstract provided.


Charles E. Lindblom, Richard Adelstein Jan 1992

Charles E. Lindblom, Richard Adelstein

Division II Faculty Publications

An intellectual biography and review of the work of Charles E. Lindblom.


Update--Criminal Law & Procedure, Bruce G. Berner, David E. Vandercoy Jan 1992

Update--Criminal Law & Procedure, Bruce G. Berner, David E. Vandercoy

Law Faculty Publications

No abstract provided.