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Articles 1 - 11 of 11

Full-Text Articles in Law

Canadian Criminal Jury Instructions, James P. Taylor Apr 1989

Canadian Criminal Jury Instructions, James P. Taylor

Dalhousie Law Journal

Canadian Criminal Jury Instructions ("CRIMJI") is an ambitious project. The authors, the Honourable Mr. Justice John Bouck (of the Supreme Court of British Columbia) and Professor Gerry Ferguson (of the Faculty of Law, University of Victoria) set out to provide a book that will "assist Canadian judges and Canadian lawyers in drafting and delivering a charge to a jury in a criminal case". The authors' twovolume work handily accomplishes this objective.


The Supreme Court And The Incredible Shrinking Fourth Amendment, Bruce G. Berner Jan 1989

The Supreme Court And The Incredible Shrinking Fourth Amendment, Bruce G. Berner

Law Faculty Publications

No abstract provided.


The Right To A Criminal Appeal In The People's Republic Of China, Margaret Y.K. Woo Jan 1989

The Right To A Criminal Appeal In The People's Republic Of China, Margaret Y.K. Woo

Maryland Series in Contemporary Asian Studies

No abstract provided.


Going To The Penitentiary: A Study Of Disparate Sentencing In South Dakota (With Steve Wise), Frank Pommersheim Jan 1989

Going To The Penitentiary: A Study Of Disparate Sentencing In South Dakota (With Steve Wise), Frank Pommersheim

Frank Pommersheim

No abstract provided.


The Crime Victim’S "Right" To A Criminal Prosecution: A Proposed Model Statute For The Governance Of Private Criminal Prosecution, Peter L. Davis Jan 1989

The Crime Victim’S "Right" To A Criminal Prosecution: A Proposed Model Statute For The Governance Of Private Criminal Prosecution, Peter L. Davis

Scholarly Works

The thesis of this article is that the public prosecutor should to have a monopoly on criminal prosecutions; some supplementary system of private criminal prosecution should be available. Two such systems, or models, currently exist in New York. The first model, available statewide, theoretically allows a complainant to initiate a non-felony criminal prosecution without any screening by a prosecutor or judge. This system is unwise, unworkable and illusory because it obscures the exercise of judicial discretion and focuses the court’s attention on the wrong issues, usually precluding the crime victim’s complaint. The second model, limited by statute to New York …


Dual Sovereignty, Federalism And National Criminal Law: Modernist Constitutional Doctrine And The Nonrole Of The Supreme Court, William W. Van Alstyne Jan 1989

Dual Sovereignty, Federalism And National Criminal Law: Modernist Constitutional Doctrine And The Nonrole Of The Supreme Court, William W. Van Alstyne

Faculty Scholarship

This paper examines the growing movement away from the functional nature of federalism contained within the Constitution toward a federalist system that gives extensive discretion to Congress and is only limited by political checks. This political system of federalism has limited the role of the Court in national criminal law because of the deference the Court is expected to give Congress.


The Victim And Witness Protection Act Of 1982: Retroactive Application For Continuing Crimes, Douglas J. Kepple Jan 1989

The Victim And Witness Protection Act Of 1982: Retroactive Application For Continuing Crimes, Douglas J. Kepple

Fordham Law Review

No abstract provided.


A Functional View Of The Rule Of Lenity: Does Theft Of Misaddressed Mail Violate The Federal Mail Theft Statute?, Edward L. Hammer Jan 1989

A Functional View Of The Rule Of Lenity: Does Theft Of Misaddressed Mail Violate The Federal Mail Theft Statute?, Edward L. Hammer

Fordham Law Review

No abstract provided.


Special Assessments And The Origination Clause: A Tax On Crooks?, Marie T. Farrelly Jan 1989

Special Assessments And The Origination Clause: A Tax On Crooks?, Marie T. Farrelly

Fordham Law Review

No abstract provided.


The Reasonable Doubt Rule And The Meaning Of Innocence, Scott E. Sundby Jan 1989

The Reasonable Doubt Rule And The Meaning Of Innocence, Scott E. Sundby

Articles

No abstract provided.


I Fought The Law And The Law Won’: A Report On Women And Disparate Sentencing In South Dakota (With Chris Hutton, And Steve Feimer), Frank Pommersheim Dec 1988

I Fought The Law And The Law Won’: A Report On Women And Disparate Sentencing In South Dakota (With Chris Hutton, And Steve Feimer), Frank Pommersheim

Frank Pommersheim

No abstract provided.