Law Commons^™

Race And Sentencing Equality In Kentucky, Robert L. Hurley

Masters Theses & Specialist Projects

Disparity in sentencing felons based on racial considerations has long has been considered a problem for civil libertarians and scholars alike. Examining data gathered in Kentucky, this thesis addresses this issue through the application of recently developed methodological techniques. Utilizing an index of sentencing equality, this study shows that while differences do exist in black and white offender offense characteristics, these differences do not account for the variations in sentences rendered in cases of white as opposed to black felons. This exploratory research reviews and critiques previous research and provides evidence which should prove useful in resolving the problem of …

10-31-1979 Internal Memo, Unknown

Williams v. Brown, 446 U.S. 236 (1980)

The thoughts of the Justices are recorded.

Constitutionalizing Forfeiture Law—The German Example, James Maxeiner

All Faculty Scholarship

This article demonstrates how German criminal law has made forfeiture of objects used in crime consistent with constitutional guarantees.

Rhode Island V. Innis, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Roberts V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Payton V. New York, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

United States V. Crews, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Rawlings V. Kentucky, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

United States V. Havens, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Adams V. Texas, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Chiarella V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Reid V. Georgia, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

United States V. Salvucci, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

United States V. Mendenhall, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

United States V. Payner, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Ybarra V. Illinois, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Lewis V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Two Perspectives On Structuring Discretion: Justices Stewart And White On The Death Penalty, Larry I. Palmer

Faculty Publications

No abstract provided.

The Preliminary Hearing: A Necessary Part Of Due Process, Andrea Lyon

Law Faculty Publications

No abstract provided.

Handbook On Domestic Violence, California Department Of Justice

California Agencies

This booklet was originally prepared as a program supplement for distribution at the Attorney General's Conference on Domestic Violence held during the week of April 24-28, 1978 in San Francisco and Los Angeles. The purpose of the Conference on Domestic Violence was to provide a statewide policy level forum for sharing the newest information available about law enforcement and criminal justice procedures for dealing with domestic violence.

03-21-1979 Clerk Memo, Luther Munford

Williams v. Brown, 446 U.S. 236 (1980)

Both the CAS's judgment and the complaint, App. 3a, 5a, list Leila G. Brown, et at., as plaintiffs, and Robert R. Williams, et al., as defendants.

Therefore a vote to affirm is a vote to uphold the finding of dilution and in favor of the plaintiffs.

Review Of Crime In England, 1550-1800, Thomas A. Green

Reviews

Crime in England, 1550-1800, is the second collection of essays on the social history of crime and the criminal law in early modern England to appear in recent years. Together with the essays in Albion's Fatal Tree (1975),' these offerings advance our knowledge of the subject considerably. To be sure, as G. R. Elton cautions, there are methodological problems in a field so new, and Elton's "Introduction" will serve as an excellent starting point for readers concerned with such matters. We must nevertheless recognize the accomplishments of the new school of socio-legal historians. The essays in this volume deal with …

Escape From Cruel And Unusual Punishment: A Theory Of Constitutional Necessity, Cynthia R. Farina

Cornell Law Faculty Publications

The inmate who escapes from a federal or state prison and seeks to introduce evidence of unconstitutionally cruel and unusual confinement conditions to defend her action is barred by the well-established rule that prison conditions alone, no matter how intolerable or inhumane, neither justify nor excuse escape. If she attempts to use the defense of necessity—a limited exception to this rule—the prisoner will be required to show that a specific, imminent threat of death or serious injury prompt her escape. Evidence of prolonged or repeated deprivation and mistreatment sufficient to prove a violation of the eighth amendment may not be …

The Jury-Some Thoughts, Historical And Personal, Peter Keane

Publications

rich baggage of our heritage and origins as a communal people. It is both what we have been and what we are now. From the jury's first crude forms developed by our primitive ancestors in thick groves of forest clearings, to contemporary juries in modern courtrooms listening to testimony about DNA and E. Coli Bacteria, the institution has been adequate to the tasks we give it. A jury is a more representative societal mechanism of our culture than anything else in which we participate as citizens.

Homicide In California, 1979, Department Of Justice

California Agencies

No abstract provided.

Introduction To Book Iv, Thomas A. Green

Other Publications

The final volume of Blackstone's Commentaries sets forth a·lucid survey of crime and criminal procedure informed by those propositions concerning English law and the relations between man and state that characterize the entire work. Perhaps no area of the law so tested Blackstone's settled and complacent views as did the criminal law, particularly the large and growing body of statutory capital crimes. In the end, Blackstone failed to demonstrate that English criminal law reflected a coherent set of principles, but his intricate and often internally contradictory attempt nevertheless constitutes a classic description of that law, and can still be read …

Government Appeals In Criminal Cases: The 1978 Decisions, Edward H. Cooper

Articles

The statute allowing the government to appeal from some forms of trial court defeat in criminal cases, 18 U.S.C.A. § 3731, has a long and tangled history. In its 1970 opinion in United States v. Sisson 9ui the Supreme Court wrestled mightily with a difficult problem under the statute as it then stood, and invited Congress to amend "this awkward and ancient Act." Soon afterward the act was amended. It now provides in part that the government may appeal in a criminal case

from a decision, judgment, or order of a district court dismissing an indictment or information as to …

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

Faculty Publications

No abstract provided.

An Analysis Of State Pretrial Diversion Statutes, Peter Zablotsky

Scholarly Works

No abstract provided.

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

Faculty Publications

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 …