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Criminal Procedure

Criminal procedure

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Articles 241 - 270 of 329

Full-Text Articles in Law

Justice Blackmun's Mark On Criminal Law And Procedure, Kit Kinports Jan 1999

Justice Blackmun's Mark On Criminal Law And Procedure, Kit Kinports

Journal Articles

When Justice Blackmun was nominated to the Court in 1970, Americans were consumed with the idea of crime control. In the 1968 presidential campaign, Richard Nixon had called the Supreme Court "soft on crime" and had promised to "put 'law and order' judges on the Court." While sitting on the Eighth Circuit, the Justice had "seldom struck down searches, seizures, arrests or confessions," and most of his opinions in criminal cases had "affirmed guilty verdicts and sentences." Thus, according to one commentator, Justice Blackmun seemed to be "exactly what Nixon was looking for: a judge who believed in judicial restraint, …


The American "Adversary System"?, William T. Pizzi Jan 1998

The American "Adversary System"?, William T. Pizzi

Publications

No abstract provided.


Race And Criminal Justice, Richard B. Collins Jan 1997

Race And Criminal Justice, Richard B. Collins

Publications

No abstract provided.


The Failure Of The Criminal Procedure Revolution: A Response, Craig M. Bradley Jan 1997

The Failure Of The Criminal Procedure Revolution: A Response, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.


Having It Both Ways: Proof That The U.S. Supreme Court Is "Unfairly" Prosecution-Oriented, Christopher Slobogin Jan 1996

Having It Both Ways: Proof That The U.S. Supreme Court Is "Unfairly" Prosecution-Oriented, Christopher Slobogin

Vanderbilt Law School Faculty Publications

If the assertions that this essay makes about the Court's "unfair" prosecution-orientation withstand scrutiny," two further conclusions might follow. First, the highest court in the country is so fixated on ensuring that a particular side wins that it is willing with some frequency to sacrifice the most basic attribute of any court worthy of the name-the appearance of fairness. This conclusion is a much more fundamental challenge to the Court's integrity than is the simple acknowledgement that a majority of the Justices are biased in favor of the government. Second, to the extent the Court's unfairness becomes common knowledge, its …


Punishment And Procedure: A Different View Of The American Criminal Justice System, William T. Pizzi Jan 1996

Punishment And Procedure: A Different View Of The American Criminal Justice System, William T. Pizzi

Publications

No abstract provided.


Book Review. The Convergence Of The Continental And The Common Law Model Of Criminal Procedure, Craig M. Bradley Jan 1996

Book Review. The Convergence Of The Continental And The Common Law Model Of Criminal Procedure, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.


The Warren Court And Criminal Justice, Yale Kamisar Jan 1996

The Warren Court And Criminal Justice, Yale Kamisar

Book Chapters

Many commentators have observed that when we speak of "the Warren Court," we mean the Warren Court that lasted from 1962 (when Arthur Goldberg replaced Felix Frankfurter) to 1969 (when Earl Warren retired). But when we speak of the Warren Court's "revolution" in American criminal procedure we mean the Warren Court that lasted from 1961 (when the landmark case of Mapp v. Ohio was decided) to 1966 or 1967. In its final years, the Warren Court was not the same Court that had handed down Mapp or Miranda.


Searches, Seizures, Confessions, And Some Thoughts On Criminal Procedure: Regulation Of Police Investigation -- Legal, Historical, Empirical, And Comparative Materials, Daniel B. Yeager Jan 1996

Searches, Seizures, Confessions, And Some Thoughts On Criminal Procedure: Regulation Of Police Investigation -- Legal, Historical, Empirical, And Comparative Materials, Daniel B. Yeager

Faculty Scholarship

Criminal procedure casebooks densely populate the market but rarely are reviewed. In Criminal Procedure: Regulation of Police Investigation-Legal, Historical, Empirical, and Comparative Materials, Christopher Slobogin copes with the anxiety of influence by writing a different sort of text. Simply put, the book is outwardly somewhat homely. Aesthetics aside, the book is mostly excellent and astonishingly so for a first edition. As the subtitle promises, the book has something for everyone: historians, empiricists, comparativists, theoreticians, case-crunchers, and practitioners. This review essay tracks the book's crowning achievement-the refreshing and inventive "perspectives" chapter that opens the book. The essay then reflects on …


A Holistic Approach To Criminal Justice Scholarship, William T. Pizzi Jan 1995

A Holistic Approach To Criminal Justice Scholarship, William T. Pizzi

Publications

No abstract provided.


The Consent Exception To The Warrant Requirement, H. Patrick Furman Jan 1994

The Consent Exception To The Warrant Requirement, H. Patrick Furman

Publications

No abstract provided.


Some Worries About Sentencing Guidelines, William T. Pizzi Jan 1993

Some Worries About Sentencing Guidelines, William T. Pizzi

Publications

No abstract provided.


Understanding Prosecutorial Discretion In The United States: The Limits Of Comparative Criminal Procedure As An Instrument Of Reform, William T. Pizzi Jan 1993

Understanding Prosecutorial Discretion In The United States: The Limits Of Comparative Criminal Procedure As An Instrument Of Reform, William T. Pizzi

Publications

No abstract provided.


Introduction Of Scientific Evidence In Criminal Cases, H. Patrick Furman Jan 1993

Introduction Of Scientific Evidence In Criminal Cases, H. Patrick Furman

Publications

No abstract provided.


The Emerging International Consensus As To Criminal Procedure Rules, Craig M. Bradley Jan 1993

The Emerging International Consensus As To Criminal Procedure Rules, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.


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.


Starting From Scratch: Rethinking Federal Habeas Review Of Death Penalty Cases, Joseph L. Hoffmann Jan 1992

Starting From Scratch: Rethinking Federal Habeas Review Of Death Penalty Cases, Joseph L. Hoffmann

Articles by Maurer Faculty

No abstract provided.


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

1992 Criminal Law Legislative Update, H. Patrick Furman

Publications

No abstract provided.


New York Law School — Final Examinations, Roger J. Miner '56 Jan 1991

New York Law School — Final Examinations, Roger J. Miner '56

New York Law School Events and Publications

No abstract provided.


Waiver Of Rights In The Interrogation Room: The Court's Dilemma, William T. Pizzi Jan 1991

Waiver Of Rights In The Interrogation Room: The Court's Dilemma, William T. Pizzi

Publications

No abstract provided.


Criminal Law 1991 Legislative Update, Philip A. Cherner, H. Patrick Furman Jan 1991

Criminal Law 1991 Legislative Update, Philip A. Cherner, H. Patrick Furman

Publications

No abstract provided.


Court-Appointed Attorneys: Old Problems And New Solutions, H. Patrick Furman Jan 1990

Court-Appointed Attorneys: Old Problems And New Solutions, H. Patrick Furman

Publications

No abstract provided.


Book Review, William T. Pizzi Jan 1990

Book Review, William T. Pizzi

Publications

No abstract provided.


Retroactivity And The Great Writ: How Congress Should Respond To Teague V. Lane, Joseph L. Hoffmann Jan 1990

Retroactivity And The Great Writ: How Congress Should Respond To Teague V. Lane, Joseph L. Hoffmann

Articles by Maurer Faculty

No abstract provided.


Criminal Procedure In The "Land Of Oz": Lessons For America, Craig M. Bradley Jan 1990

Criminal Procedure In The "Land Of Oz": Lessons For America, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.


The Supreme Court And The Incredible Shrinking Fourth Amendment, Bruce G. Berner Jan 1989

The Supreme Court And The Incredible Shrinking Fourth Amendment, Bruce G. Berner

Law Faculty Publications

No abstract provided.


The Crime Victim’S "Right" To A Criminal Prosecution: A Proposed Model Statute For The Governance Of Private Criminal Prosecution, Peter L. Davis Jan 1989

The Crime Victim’S "Right" To A Criminal Prosecution: A Proposed Model Statute For The Governance Of Private Criminal Prosecution, Peter L. Davis

Scholarly Works

The thesis of this article is that the public prosecutor should to have a monopoly on criminal prosecutions; some supplementary system of private criminal prosecution should be available. Two such systems, or models, currently exist in New York. The first model, available statewide, theoretically allows a complainant to initiate a non-felony criminal prosecution without any screening by a prosecutor or judge. This system is unwise, unworkable and illusory because it obscures the exercise of judicial discretion and focuses the court’s attention on the wrong issues, usually precluding the crime victim’s complaint. The second model, limited by statute to New York …


Enforcing The Rules Of Criminal Procedure: An American Perspective, Craig M. Bradley Jan 1989

Enforcing The Rules Of Criminal Procedure: An American Perspective, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.


The Virtues Of A Procedural View Of Innocence--A Response To Professor Schwartz, Scott E. Sundby Jan 1989

The Virtues Of A Procedural View Of Innocence--A Response To Professor Schwartz, Scott E. Sundby

Articles

No abstract provided.


The Right To Counsel Under Attack, David Rudovsky Jan 1988

The Right To Counsel Under Attack, David Rudovsky

All Faculty Scholarship

No abstract provided.