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Series

Criminal Procedure

1992

Institution
Keyword
Publication

Articles 1 - 30 of 44

Full-Text Articles in Law

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.


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.


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 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 ...


Continuity And Change Redux: Market And State In American History, Richard Adelstein Jan 1992

Continuity And Change Redux: Market And State In American History, Richard Adelstein

Division II Faculty Publications

A review of Jonathan Hughes, The Government Habit Redux (1991).


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.


Significant Cases Interpreting Proposition 8, J. Clark Kelso, Brigitte A. Bass Jan 1992

Significant Cases Interpreting Proposition 8, J. Clark Kelso, Brigitte A. Bass

McGeorge School of Law Scholarly Articles

No abstract provided.


The Revitalization Of The Common-Law Civil Writ Of Audita Querela As A Post-Conviction Remedy In Criminal Cases: The Immigration Context And Beyond, Ira Robbins Jan 1992

The Revitalization Of The Common-Law Civil Writ Of Audita Querela As A Post-Conviction Remedy In Criminal Cases: The Immigration Context And Beyond, Ira Robbins

Articles in Law Reviews & Other Academic Journals

Introduction: An alien lawfully enters the United States in 1972. He gets a job, gets married, and becomes a productive worker in the community. He is subsequently convicted of a felony, such as making false statements on a loan application. As a result, the Immigration and Naturalization Service (INS) brings deportation proceedings against him. The individual will seek any means possible to vacate the conviction, in order to stay in this country.' This Article explores whether the writ of audita querela. primarily used to provide post-judgment relief in civil cases at common law, can be used to challenge criminal convictions ...


1992 Criminal Law Legislative Update, H. Patrick Furman Jan 1992

1992 Criminal Law Legislative Update, H. Patrick Furman

Articles

No abstract provided.


The Definition And Determination Of Insanity In Colorado, H. Patrick Furman Jan 1992

The Definition And Determination Of Insanity In Colorado, H. Patrick Furman

Articles

No abstract provided.


Colorado Rules Of Professional Conduct: Implications For Criminal Lawyers, H. Patrick Furman, Daniel A. Vigil Jan 1992

Colorado Rules Of Professional Conduct: Implications For Criminal Lawyers, H. Patrick Furman, Daniel A. Vigil

Articles

No abstract provided.


Meta-Evidence: Do We Need It?, Christopher B. Mueller Jan 1992

Meta-Evidence: Do We Need It?, Christopher B. Mueller

Articles

No abstract provided.


"Death Is Different" And Other Twists Of Fate, Deborah W. Denno Jan 1992

"Death Is Different" And Other Twists Of Fate, Deborah W. Denno

Faculty Scholarship

Professor Welsh White's book, The Death Penalty in the Nineties, reviews those United States Supreme Court decisions and developments that have occurred in the four years since the publication of his earlier book, The Death Penalty in the Eighties. In The Nineties, White claims that these recent developments, which have significantly limited capital defendants' habeas corpus appeals, are likely to increase both the rate and the geographical reach of executions which, in the past, have occurred mostly in the South. After discussing some of the analytical and methodological shortcomings of The Nineties, this review will focus on The Nineties ...


"Reforming" Federal Habeas Corpus: The Cost Of Federalism; The Burden For Defense Counsel; And The Loss Of Innocence, J. Thomas Sullivan Jan 1992

"Reforming" Federal Habeas Corpus: The Cost Of Federalism; The Burden For Defense Counsel; And The Loss Of Innocence, J. Thomas Sullivan

Faculty Scholarship

No abstract provided.


How Long Is Too Long? When Pretrial Detention Violates Due Process, Floralynn Einesman Jan 1992

How Long Is Too Long? When Pretrial Detention Violates Due Process, Floralynn Einesman

Faculty Scholarship

No abstract provided.


Police Officers Accused Of Crime: Prosecutorial And Fifth Amendment Risks Posed By Police-Elicited "Use Immunized" Statements, Kate Bloch Jan 1992

Police Officers Accused Of Crime: Prosecutorial And Fifth Amendment Risks Posed By Police-Elicited "Use Immunized" Statements, Kate Bloch

Faculty Scholarship

No abstract provided.


Sentencing Guidelines And Mandatory Minimums: Mixing Apples And Oranges, William W. Schwarzer Jan 1992

Sentencing Guidelines And Mandatory Minimums: Mixing Apples And Oranges, William W. Schwarzer

Faculty Scholarship

No abstract provided.


(Un)Luckey V. Miller: The Case For A Structural Injunction To Improve Indigent Defense Services, Rodger D. Citron Jan 1992

(Un)Luckey V. Miller: The Case For A Structural Injunction To Improve Indigent Defense Services, Rodger D. Citron

Scholarly Works

No abstract provided.


(Un)Luckey V. Miller: The Case For A Structural Injunction To Improve Indigent Defense Services, Rodger D. Citron Jan 1992

(Un)Luckey V. Miller: The Case For A Structural Injunction To Improve Indigent Defense Services, Rodger D. Citron

Scholarly Works

No abstract provided.


The Individualized-Consideration Principle And The Death Penalty As Cruel And Unusual Punishment, Ronald J. Mann Jan 1992

The Individualized-Consideration Principle And The Death Penalty As Cruel And Unusual Punishment, Ronald J. Mann

Faculty Scholarship

The Eighth Amendment to the United States Constitution prohibits infliction of "cruel and unusual punishments." The Supreme Court established the basic principles applying this amendment to the death penalty during a six-year period in the 1970's. First, in 1972, in Furman v. Georgia, the Court invalidated all then-existing death penalty statutes. Second, in 1976, in Gregg v. Georgia and its companions, the Court upheld some of the statutes promulgated in response to Furman but invalidated others. Finally, in 1978, in Lockett v. Ohio, the Court invalidated an Ohio statute because it failed to give the sentencer a sufficient opportunity ...


The New Prosecutors, Bennett L. Gershman Jan 1992

The New Prosecutors, Bennett L. Gershman

Pace Law Faculty Publications

The power and prestige of the American prosecutor have changed dramatically over the past twenty years. Three generalizations appropriately describe this change. First, prosecutors wield vastly more power than ever before. Second, prosecutors are more insulated from judicial control over their conduct. Third, prosecutors are increasingly immune to ethical restraints. Only the last point may provoke some controversy; the first two are easily documented, and generally accepted by the courts and commentators.

Part I of this article examines in greater detail this vast accretion of prosecutorial power, and explains how this transformation has resulted in a radical skewing of the ...


Standards Of Persuasion And The Distinction Between Fact And Law, Richard D. Friedman Jan 1992

Standards Of Persuasion And The Distinction Between Fact And Law, Richard D. Friedman

Articles

The invitation to respond in these pages to Gary Lawson's very interesting article, Proving the Law, was tempting enough. But what made it irresistible was Professor Lawson's comment that he is "addressing, with a brevity that borders on the irresponsible, subjects well beyond [his] depth." Now, that's the kind of debate I really like. Let me jump right in. A principal question raised by Lawson, which I find quite interesting, may be phrased in general, and purposefully ambiguous, terms as follows: Before an actor treats a proposition as a valid2 proposition of law, what standard of persuasion ...


The Reasonable Woman And The Ordinary Man, Carol Sanger Jan 1992

The Reasonable Woman And The Ordinary Man, Carol Sanger

Faculty Scholarship

... Objections to the reasonable woman standard [for sexual harassment] combine doctrinal concerns with practical ones. The doctrinal question is something like, Whatever happened to gender neutrality? How are men supposed to know what conduct strikes their victims as intimidating, hostile, or offensive? After all, women are so sensitive – take Anita Hill. Why, as men often ask, can't women be more reasonable? ...

The answer is that at least in determining what behavior is sexually harassing, women are not like men. As many feminists have explained, women commonly experience as fearful what men find fun. ...


An Agency Cost Analysis Of The Sentencing Reform Act: Recalling The Virtues Of Delegating Complex Decisions, Kenneth G. Dau-Schmidt Jan 1992

An Agency Cost Analysis Of The Sentencing Reform Act: Recalling The Virtues Of Delegating Complex Decisions, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

For many outside the legal profession, the end of a legal case is the reading of the verdict. However, that is only the beginning for those being judged. One of the most significant and delicate tasks within the sphere of the legal system is that of sentencing those convicted. Because of the extreme personal impact that a judge's sentencing has on each individual, the most effective approach to creating guidelines for sentencing has been a hot topic of debate. Upon the birth of the Sentencing Reform Act of 1984, the system changed from one of standards to one of ...


The Sixth Amendment Lives! A Reply To Professor Jonakait, Craig M. Bradley Jan 1992

The Sixth Amendment Lives! A Reply To Professor Jonakait, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.