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Series

Criminal Procedure

2003

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University of Pennsylvania Carey Law School

Articles 1 - 7 of 7

Full-Text Articles in Law

The Real-World Shift In Criminal Procedure, Stephanos Bibas Jan 2003

The Real-World Shift In Criminal Procedure, Stephanos Bibas

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No abstract provided.

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Justification And Excuse, Law And Morality, Mitchell N. Berman Jan 2003

Justification And Excuse, Law And Morality, Mitchell N. Berman

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Anglo-American theorists of the criminal law have concentrated on-one is tempted to say "obsessed over"-the distinction between justification and excuse for a good quarter-century and the scholarly attention has purchased unusually widespread agreement. Justification defenses are said to apply when the actor's conduct was not morally wrongful; excuse defenses lie when the actor did engage in wrongful conduct but is not morally blameworthy. A near consensus thus achieved, theorists have turned to subordinate matters, joining issue most notably on the question of whether justifications are "subjective"-turning upon the actor's reasons for acting-or "objective"-involving only facts independent of the actor's beliefs …

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Apprendi In The States: The Virtues Of Federalism As A Structural Limit On Errors, Stephanos Bibas Jan 2003

Apprendi In The States: The Virtues Of Federalism As A Structural Limit On Errors, Stephanos Bibas

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No abstract provided.

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Direct And Collateral Federal Court Review Of The Adequacy Of State Procedural Rules, Catherine T. Struve Jan 2003

Direct And Collateral Federal Court Review Of The Adequacy Of State Procedural Rules, Catherine T. Struve

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No abstract provided.

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Harmonizing Substantive-Criminal Law-Values And Criminal Procedure: The Case Of Alford And Nolo Contendere Pleas, Stephanos Bibas Jan 2003

Harmonizing Substantive-Criminal Law-Values And Criminal Procedure: The Case Of Alford And Nolo Contendere Pleas, Stephanos Bibas

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No abstract provided.

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Bringing Moral Values Into A Flawed Plea Bargaining System, Stephanos Bibas Jan 2003

Bringing Moral Values Into A Flawed Plea Bargaining System, Stephanos Bibas

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No abstract provided.

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The Right To Remain Silent Helps Only The Guilty, Stephanos Bibas Jan 2003

The Right To Remain Silent Helps Only The Guilty, Stephanos Bibas

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No abstract provided.

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