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Series

Criminal Procedure

1984

Institution
Keyword
Publication

Articles 1 - 29 of 29

Full-Text Articles in Law

Hunger Strikes And The State's Right To "Force Feed": Recent Australian Experience, Mark Findlay Dec 1984

Hunger Strikes And The State's Right To "Force Feed": Recent Australian Experience, Mark Findlay

Research Collection School Of Law

Whether or not it is the nature of the protest itself which makes it unsuitable for resolution in a court-room situation, the case law relating to "hunger strikes" (and State's response) is both sparse and insignificant. Perhaps on the basis of its uniqueness alone, the case of Schneidas v. Corrective Services Commission(New South Wales) and Others should be of particular interest to jurists on both sides of the Irish border.


Wainwright V. Witt, Lewis F. Powell Jr. Oct 1984

Wainwright V. Witt, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Atascadero State Hospital V. Scanlon, Lewis F. Powell Jr. Oct 1984

Atascadero State Hospital V. Scanlon, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Black V. Romano, Lewis F. Powell, Jr. Oct 1984

Black V. Romano, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.


Ake V. Oklaboma, Lewis F. Powell Jr. Oct 1984

Ake V. Oklaboma, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Evitts V. Lucey, Lewis F. Powell, Jr. Oct 1984

Evitts V. Lucey, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.


Justice, Mercy, And Craziness, Stephen J. Morse Jul 1984

Justice, Mercy, And Craziness, Stephen J. Morse

Faculty Scholarship at Penn Law

No abstract provided.


Cross-Racial Identification Errors In Criminal Cases, Sheri Johnson Jun 1984

Cross-Racial Identification Errors In Criminal Cases, Sheri Johnson

Cornell Law Faculty Publications

No abstract provided.


Public Opinion Of Forensic Psychiatry Following The Hinckley Verdict, Dan Slater, Valerie P. Hans May 1984

Public Opinion Of Forensic Psychiatry Following The Hinckley Verdict, Dan Slater, Valerie P. Hans

Cornell Law Faculty Publications

The authors obtained opinions of forensic psychiatry in a community survey following the not guilty by reason of insanity verdict in the Hinckley trial. A majority of respondents expressed little or no confidence in the specific psychiatric testimony in the Hinckley trial and only modest faith in the general ability of psychiatrists to determine legal insanity. Respondents' general and specific attitudes were strongly related. Younger people and women were more positive in their views of psychiatry in the courtroom.


Introduction: Trends And Developments With Respect To That Amendment 'Central To Enjoyment Of Other Guarantees Of The Bill Of Rights', Yale Kamisar Apr 1984

Introduction: Trends And Developments With Respect To That Amendment 'Central To Enjoyment Of Other Guarantees Of The Bill Of Rights', Yale Kamisar

Articles

Seventy years ago, in the famous Weeks case,' the Supreme Court evoked a storm of controversy by promulgating the federal exclusionary rule. When, a half-century later, in the landmark Mapp case,2 the Court extended the Weeks rule to state criminal proceedings, at least one experienced observer assumed that the controversy "today finds its end." 3 But as we all know now, Mapp only intensified the controversy. Indeed, in recent years spirited debates over proposals to modify the exclusionary rule or to scrap it entirely have filled the air - and the law reviews.'


The Good, The Bad, And The Burger Court: Victims' Rights And A New Model Of Criminal Review, 75 J. Crim. L. & Criminology 363 (1984), Timothy P. O'Neill Jan 1984

The Good, The Bad, And The Burger Court: Victims' Rights And A New Model Of Criminal Review, 75 J. Crim. L. & Criminology 363 (1984), Timothy P. O'Neill

Faculty Scholarship

No abstract provided.


Review Essay On Becoming And Being A Prosecutor, Martin H. Belsky Jan 1984

Review Essay On Becoming And Being A Prosecutor, Martin H. Belsky

Akron Law Publications

A prosecutor is a detective, a litigator, a manager, and a policymaker. He is responsible for investigating illegalities' and is permitted to use specially assigned tools-a grand jury or subpoena-to acquire information and evidence. As a litigator, he is counsel for an artificial client-the government or people-but also the representa- tive of identifiable victims. Moreover, though he functions in an adversary system, he must temper his advocacy and zeal. His goal is not merely to "win," but also to see that "justice is done."

The prosecutor must manage an increasing set of responsibilities in a complex and often arbitrary system ...


Imputed Criminal Liability, Paul H. Robinson Jan 1984

Imputed Criminal Liability, Paul H. Robinson

Faculty Scholarship at Penn Law

No abstract provided.


Judge Friendly's Contributions To Securities Law And Criminal Procedure: "Moderation Is All", Frank Goodman Jan 1984

Judge Friendly's Contributions To Securities Law And Criminal Procedure: "Moderation Is All", Frank Goodman

Faculty Scholarship at Penn Law

No abstract provided.


The Federal Coconspirator Exception: Action, Assertion, And Hearsay, Christopher B. Mueller Jan 1984

The Federal Coconspirator Exception: Action, Assertion, And Hearsay, Christopher B. Mueller

Articles

No abstract provided.


Kentucky Law Survey: Criminal Procedure, William H. Fortune, Sarah N. Welling Jan 1984

Kentucky Law Survey: Criminal Procedure, William H. Fortune, Sarah N. Welling

Law Faculty Scholarly Articles

Significant criminal procedure decisions of the Kentucky appellate courts for the period July 1, 1982 to July 1, 1983, have been selected for discussion in this Survey. Included in this survey is an extensive discussion of selected cases in the areas of warrants, competency of counsel, pretrial discovery of witness statements, venue, belated attacks on criminal convictions, and the right to talk to an attorney before taking a breathalyzer test.


On Complaining About The Burger Court, Robert F. Nagel Jan 1984

On Complaining About The Burger Court, Robert F. Nagel

Articles

No abstract provided.


"Plain Crazy:" Lay Definitions Of Legal Insanity, Valerie P. Hans, Dan Slater Jan 1984

"Plain Crazy:" Lay Definitions Of Legal Insanity, Valerie P. Hans, Dan Slater

Cornell Law Faculty Publications

The 1982 Not Guilty by Reason of Insanity (NGRI) verdict in the trial of John Hinckley, Jr., would-be assassin of President Reagan, again has brought to the forefront long-standing public dissatisfaction in the United States with the insanity plea. In the wake of the Hinckley verdict, proposals for reform or abolition of the insanity defense have been submitted to both houses of the U.S. Congress and to state legislatures throughout the nation (Cunningham, 1983). Fueling this reform movement is apparent public dissatisfaction with the insanity plea as it is currently defined.

In contrast to voluminous literature concerning legal and ...


Children Of The Night: The Adequacy Of Statutory Treatment Of Juvenile Prostitution, D. Kelly Weisberg Jan 1984

Children Of The Night: The Adequacy Of Statutory Treatment Of Juvenile Prostitution, D. Kelly Weisberg

Faculty Scholarship

No abstract provided.


The "Discovery" Of Sexual Abuse: Experts' Role In Legal Policy Formulation, D. Kelly Weisberg Jan 1984

The "Discovery" Of Sexual Abuse: Experts' Role In Legal Policy Formulation, D. Kelly Weisberg

Faculty Scholarship

No abstract provided.


Sexual Abuse Of Children: Recent Developments In The Law Of Evidence, D. Kelly Weisberg Jan 1984

Sexual Abuse Of Children: Recent Developments In The Law Of Evidence, D. Kelly Weisberg

Faculty Scholarship

No abstract provided.


Miranda: The Case, The Man, And The Players, Yale Kamisar Jan 1984

Miranda: The Case, The Man, And The Players, Yale Kamisar

Reviews

On the eve of America's bicentennial, the American Bar Association told its members of a plan to publish a book about the "milestone events" in 200 years of American legal history, and invited them to vote on the milestones to be included. When the balloting was over, Miranda v. Arizona1 - "the high-water mark" of the Warren Court's revolution in American criminal procedure2 - had received the fourth highest number of votes.3 I venture to say that if members of the general public had been asked to list the "most regrettable" or "most unfortunate" milestones in American legal history ...


Gates, 'Probable Cause', 'Good Faith', And Beyond, Yale Kamisar Jan 1984

Gates, 'Probable Cause', 'Good Faith', And Beyond, Yale Kamisar

Articles

Illinois v. Gates1 was the most eagerly awaited constitutional-criminal procedure case of the 1982 Term. I think it fair to say, however, that it was awaited a good deal more eagerly by law enforcement officials and the Americans for Effective Law Enforcement than by defense lawyers and the American Civil Liberties Union. As it turned out, of course, the Gates Court, to the disappointment of many, did not reach the question whether the exclusionary rule in search and seizure cases should be modified so as not to require the exclusion of evidence obtained in violation of the fourth amendment when ...


The Felony-Murder Rule: A Doctrine At Constitutional Crossroads, Nelson E. Roth, Scott E. Sundby Jan 1984

The Felony-Murder Rule: A Doctrine At Constitutional Crossroads, Nelson E. Roth, Scott E. Sundby

Articles

No abstract provided.


Electronic Surveillance, Computers, And The Fourth Amendment - The New Telecommunications Environment Calls For Reexamination Of Doctrine, Arthur R. Landever Jan 1984

Electronic Surveillance, Computers, And The Fourth Amendment - The New Telecommunications Environment Calls For Reexamination Of Doctrine, Arthur R. Landever

Law Faculty Articles and Essays

We are in the midst of a revolution in information collection and telecommunications. Computer networking, the unification of the various telecommunications systems, the establishment of central data banks, and government tracking and profiling of vast numbers of Americans present momentous challenges for our constitutional system. Increasingly, in our evolving culture, an individual enters the public setting in order to conduct his personal life. Fourth Amendment doctrine respecting electronic surveillance, as well as Supreme Court notions of "free choice" and "assumption of risk" must come to grips with this new reality. In the main, the author urges judicial intervention, as the ...


Some Unwise Reflections About Discretion, George P. Fletcher Jan 1984

Some Unwise Reflections About Discretion, George P. Fletcher

Faculty Scholarship

In listening to discussions about discretion in the criminal process, one has the sense of sharply cut distinctions slipping toward a black hole in our language. All decisions by police, prosecutors, judges and jury are routinely called discretionary. This usage pervades respectable, basically sound papers. In a recent article in the Yale Law Journal, Goldstein and Marcus seek to demonstrate that discretion pervades the decisions of French, German and Italian prosecutors. They write: "Claims that prosecutorial discretion has been eliminated, or is supervised closely, are exaggerated. Discretion is exercised in each of the systems [French, German and Italian] for reasons ...


Taking Witherspoon Seriously: The Search For Death-Qualified Jurors, Eric Schnapper Jan 1984

Taking Witherspoon Seriously: The Search For Death-Qualified Jurors, Eric Schnapper

Articles

This Article assesses, in light of fifteen years of judicial experience under Witherspoon v. Illinois, 391 U.S. 510 (1968), the meaning and impact of that decision and the practical and legal problems that arise in its application. The analysis draws heavily on actual voir dires reported in published opinions and considers the problems that judges and attorneys face when attempting to distinguish jurors who cannot be excluded under Witherspoon(commonly referred to as "death-qualified" jurors) from jurors who may be excluded for cause. Part II discusses the ways in which Witherspoon altered the law regarding jury selection in capital ...


Right Against Self-Incrimination -- "Public Safety" Exception, David C. Williams Jan 1984

Right Against Self-Incrimination -- "Public Safety" Exception, David C. Williams

Articles by Maurer Faculty

No abstract provided.


Evidence: Survey Of Recent Developments In Indiana Law, J. Alexander Tanford Jan 1984

Evidence: Survey Of Recent Developments In Indiana Law, J. Alexander Tanford

Articles by Maurer Faculty

With rare exceptions, Indiana evidence law progresses slowly and holds closely to the traditional concepts of the common law. This Survey Article collects the several important cases decided during the past year that continue this development of Indiana's common law of evidence. A general word of caution is in order concerning the Indiana appellate courts' evidence cases. Most evidence issues arise in criminal cases, in which convicted defendants allege error in the admission of evidence against them or in the exclusion of evidence offered in their defense. A ruling in favor of the defendant could result in the reversal ...