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Full-Text Articles in Law
Note: United States V. Harvey: Are Criminal Defense Fees More Vulnerable Than Necessary?, Eric Easton
Note: United States V. Harvey: Are Criminal Defense Fees More Vulnerable Than Necessary?, Eric Easton
All Faculty Scholarship
In United States v. Harvey, the United States Court of Appeals for the Fourth Circuit held that Congress may not constitutionally require convicted racketeers and drug traffickers to forfeit property used to pay legitimate defense attorney fees. To the extent that such forfeitures and related pre-conviction restraints on transfer are authorized by provisions of the Comprehensive Forfeiture Act of 1984 (the Act), those provisions violate an accused's right to counsel of choice as secured by the Sixth Amendment.This article argues that the court's holding in Harvey was more narrowly drawn than necessary, and that as a consequence criminal defense attorney …
Confronting Rape Shield, Allison I. Connelly
Confronting Rape Shield, Allison I. Connelly
Law Faculty Popular Media
In this newsletter article, Professor Connelly discusses the difficulties faced by defense attorneys in addressing rape shield laws.
Victim Participation In Plea Bargains, Sarah N. Welling
Victim Participation In Plea Bargains, Sarah N. Welling
Law Faculty Scholarly Articles
There is a trend in the criminal law today to focus on the rights of victims. This trend has been manifested in actions by legislatures, courts, the President of the United States and others. Various programs have been implemented to ameliorate the crime victim's experience. For example, many states now provide compensation for victims, and victim/witness assistance programs have sprung up around the country. It has also been suggested that the victim's lot should be improved by granting them a right to participate in the prosecution of the defendant. This article examines whether victims should be accorded a right to …
Drugs And Small Arms: Can Law Stop The Traffic?, Christopher L. Blakesley
Drugs And Small Arms: Can Law Stop The Traffic?, Christopher L. Blakesley
Scholarly Works
Professor Blakesley presides over this panel discussion on laws combating the illegal importation of drugs and small arms, and their implications for international and domestic law.
Evidentiary Use Of Other Crime Evidence: A Survey Of Recent Trends In Criminal Procedure, Susan Stuart
Evidentiary Use Of Other Crime Evidence: A Survey Of Recent Trends In Criminal Procedure, Susan Stuart
Law Faculty Publications
No abstract provided.
Biblical Atonement And Modern Criminal Law, Jerome Hall
Biblical Atonement And Modern Criminal Law, Jerome Hall
Articles by Maurer Faculty
In Western civilization, a rationally ordered universe and human rationality are the central tenets of theology and moral philosophy. Conceptions, values, and principles implied by these premises have become entrenched in social and legal institutions. Concluding that religious teachings, even those of antiquity, are consistent with modern legal principles is reasonable, and almost common sense. An inquiry into whether this relationship is to any extent causal is fascinating. Professor Jerome Hall, the first President of AMINTAPHIL, discusses the relationship between the Christian doctrine of atonement and principles of modern criminal law.