Law Commons^™

The Allen Instruction In Criminal Cases: Is The Dynamite Charge About To Be Permanently Defused?, Paul Marcus

Paul Marcus

No abstract provided.

The Confrontation Clause And Co-Defendant Confessions: The Drift From Bruton To Parker V. Randolph, Paul Marcus

Paul Marcus

No abstract provided.

The Crime Of Conspiracy Thrives In Decisions Of The United States Supreme Court, Paul Marcus

Paul Marcus

No abstract provided.

Proving Entrapment Under The Predisposition Test, Paul Marcus

Paul Marcus

No abstract provided.

Restrictions On Law Enforcement Investigation And Prosecution Of Crime, Paul Marcus

Paul Marcus

No abstract provided.

Re-Evaluating Large Multiple-Defendant Criminal Prosecutions, Paul Marcus

Paul Marcus

No abstract provided.

Reflecting On The Past, Preparing For The Future: A Q&A With Aals President Paul Marcus, Jim Greif, Paul Marcus

Paul Marcus

No abstract provided.

Presidential Address: "Access To Justice" At The Second Meeting Of The Aals House Of Representatives, 2017 Annual Meeting, Paul Marcus

Paul Marcus

No abstract provided.

Presenting, Back From The [Almost] Dead, The Entrapment Defense, Paul Marcus

Paul Marcus

No abstract provided.

Privacy, Paul Marcus

Paul Marcus

No abstract provided.

Paul Marcus: Haynes Professor, School Of Law, Paul Marcus

Paul Marcus

Marcus was awarded a SCHEV 2010 Outstanding Faculty Award.

Judges Talking To Jurors In Criminal Cases: Why U.S. Judges Do It So Differently From Just About Everyone Else, Paul Marcus

Paul Marcus

No abstract provided.

Forum On Attorney's Fees In Copyright Cases: Are We Running Through The Jungle Now Or Is The Old Man Still Stuck Down The Road?, Paul Marcus, David Nimmer

Paul Marcus

No abstract provided.

It's Not Just About Miranda: Determining The Voluntariness Of Confessions In Criminal Prosecutions, Paul Marcus

Paul Marcus

No abstract provided.

Investigatory Practices And The Changing Entrapment Defense, Paul Marcus

Paul Marcus

No abstract provided.

Defending Miranda, Paul Marcus

Paul Marcus

No abstract provided.

Defending Conspiracy Cases: Mission Impossible?, Paul Marcus

Paul Marcus

Defending conspiracy cases has never been an easy task. There were days in which joint trials of 20, 30, 40, or even 50 defendants were not uncommon, creating insuperable problems for defense lawyers. Even though large joint-defendant trials are not as common today, several problems remain, particularly in light of the frequent use of the conspiracy charge at the federal level. In this article I will discuss some of the recent issues which create special difficulties for criminal defense lawyers. With regard to these issues, there is, as some would say, good news and bad news.

Criminal Justice Reforms In The United States, Paul Marcus

Paul Marcus

No abstract provided.

Conspiracy: The Criminal Agreement, In Theory And In Practice, Paul Marcus

Paul Marcus

Professor Marcus combines empirical research and theoretical analysis in this comprehensive study of the conspiracy doctrine. The article shows that the theoretical reasons for the conspiracy doctrine are inapplicable to most actual conspiracy prosecutions and that the practical reasons for conspiracy charges are often unacceptable prosecutorial shortcuts. Although ultimately concluding that the conspiracy doctrine is needed in some limited instances, Professor Marcus indicates that prosecutors should bring conspiracy charges only when justified by proper reasons and that courts should consider such charges more carefully.

Criminal Conspiracy Law: Time To Turn Back From An Ever Expanding, Ever More Troubling Area, Paul Marcus

Paul Marcus

No abstract provided.

Correcting Deadly Confusion: Responding To Jury Inquiries In Capital Cases, Stephen P. Garvey, Sheri Lynn Johnson, Paul Marcus

Paul Marcus

No abstract provided.

Combatendo A Corrupção Nos Estados Unidos, Paul Marcus

Paul Marcus

The article discusses the problematic of the fight against the corruption by the criminal justice system of the United States, mainly the white-collar crimes. It is emphasized, first, that in most of the cases does not result in trial, but in plea bargains, and, second, in many cases the encouragement from an undercover agent has served as an effective defense instrument. Finally, it is discussed the problematic of the use of information obtained from the technological devices and its probable violation to the right privacy.

This article is in Portuguese.

Borrowing From Bob Dylan, "The Times They Are A-Changin' ", Paul Marcus

Paul Marcus

No abstract provided.

Co-Conspirator Declarations: The Federal Rules Of Evidence And Other Recent Developments, From A Criminal Law Perspective, Paul Marcus

Paul Marcus

Perhaps the most important advantage available to a prosecutor in a criminal conspiracy case is the exception to the hearsay rule for co-conspirator declarations. The exception is widely used and is often a significant part of the government presentation. In essence, it provides that otherwise inadmissible hearsay declarations of coconspirators are admissible at trial against the defendant so long as they were made during the course and in furtherance of the conspiracy. The exception typically arises when an alleged co-conspirator declarant tells the witness (often an undercover police officer) all about the conspiracy, perhaps in the hope of attracting a …

Book Review Of The Model Penal Code And Commentaries, Paul Marcus

Paul Marcus

No abstract provided.

Capital Punishment In The United States, And Beyond, Paul Marcus

Paul Marcus

This article explores the controversial topic of capital punishment, with a particular focus on its longstanding application in the United States. The use of the death penalty in the US has been the subject of much criticism both domestically and internationally. The numerous concerns addressed in this article relate to the morality of the punishment, its effectiveness, the uneven application of the penalty, and procedural problems. The US Supreme Court has confirmed the constitutionality of capital punishment while striking down particular uses of the death penalty. The US is not, however, alone in executing convicted defendants. Capital punishment is still …

A Return To The "Bright Line Rule" Of Miranda, Paul Marcus

Paul Marcus

No abstract provided.

Australia And The United States: Two Common Criminal Justice Systems Uncommonly At Odds, Part 2, Paul Marcus, Vicki Waye

Paul Marcus

No abstract provided.

Access To Justice: Our Faculty Colleagues And Students Stepping Up In A Big Way, Paul Marcus

Paul Marcus

No abstract provided.

Aveux Incités Par Les Officiers Chargés De L’Application De La Loi, L’Expérience Des Etats-Unis, Paul Marcus

Paul Marcus

No abstract provided.