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1988

Criminal Law

Institution
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Articles 1 - 30 of 171

Full-Text Articles in Law

Hearing On The California Youth Authority: Overcrowding, The Commonweal Report, The Role Of The Youthful Offender Parole Board, Senate Select Committee On Children And Youth Dec 1988

Hearing On The California Youth Authority: Overcrowding, The Commonweal Report, The Role Of The Youthful Offender Parole Board, Senate Select Committee On Children And Youth

California Senate

No abstract provided.


Habeas Corpus Committee - Memoranda, Lewis F. Powell Jr. Dec 1988

Habeas Corpus Committee - Memoranda, Lewis F. Powell Jr.

Habeas Corpus Committee

No abstract provided.


Habeas Corpus Committee - Memoranda, Lewis F. Powell Jr. Nov 1988

Habeas Corpus Committee - Memoranda, Lewis F. Powell Jr.

Habeas Corpus Committee

No abstract provided.


Habeas Corpus Committee - Memoranda, Lewis F. Powell Jr. Nov 1988

Habeas Corpus Committee - Memoranda, Lewis F. Powell Jr.

Habeas Corpus Committee

No abstract provided.


Gang Violence: Recommendations For Legislative Solutions - November 2, 1988, Joint Committee On Organized Crime And Gang Violence Nov 1988

Gang Violence: Recommendations For Legislative Solutions - November 2, 1988, Joint Committee On Organized Crime And Gang Violence

California Joint Committees

No abstract provided.


Rico's Forfeiture Provision: A First Amendment Restraint On Adult Bookstores, Ana Maria Marin Nov 1988

Rico's Forfeiture Provision: A First Amendment Restraint On Adult Bookstores, Ana Maria Marin

University of Miami Law Review

No abstract provided.


Gang Violence: Recommendations For Legislative Solutions - October 26, 1988 - Part Ii, Joint Committee On Organized Crime And Gang Violence Oct 1988

Gang Violence: Recommendations For Legislative Solutions - October 26, 1988 - Part Ii, Joint Committee On Organized Crime And Gang Violence

California Joint Committees

No abstract provided.


Gang Violence: Recommendations For Legislative Solutions - October 20, 1988, Joint Committee On Organized Crime And Gang Violence Oct 1988

Gang Violence: Recommendations For Legislative Solutions - October 20, 1988, Joint Committee On Organized Crime And Gang Violence

California Joint Committees

No abstract provided.


Racial/Ethnic Tensions And Hate Violence On University Of California Campuses, Senate Select Committee On University Of California Admissions Oct 1988

Racial/Ethnic Tensions And Hate Violence On University Of California Campuses, Senate Select Committee On University Of California Admissions

California Senate

No abstract provided.


Discovery Depositions In Florida Criminal Proceedings: Should They Survive?, John F. Yetter Oct 1988

Discovery Depositions In Florida Criminal Proceedings: Should They Survive?, John F. Yetter

Florida State University Law Review

Pursuant to a Concurrent Resolution of the 1988 Florida Legislature, the Supreme Court of Florida created a commission which is presently studying the use of depositions by the defense in criminal prosecutions. In this Article, Dean Yetter, a member of the commission, traces the history of criminal defense depositions in Florida, explores the arguments which shaped last session's legislative debate, and identifies available options for reform.


Racial Discrimination In The Criminal Justice System, Clyde E. Murphy Oct 1988

Racial Discrimination In The Criminal Justice System, Clyde E. Murphy

North Carolina Central Law Review

No abstract provided.


Twist And Shout And Truth Will Out: An Argument For The Adoption Of A "Safety-Valve" Exception To The Washington Hearsay Rule, George R. Nock Oct 1988

Twist And Shout And Truth Will Out: An Argument For The Adoption Of A "Safety-Valve" Exception To The Washington Hearsay Rule, George R. Nock

Seattle University Law Review

This Article will focus on two decisions of the Washington Supreme Court illustrating the unfortunate expansion of certain hearsay exceptions in order to accommodate truth, show that the expansion could have been avoided had Washington adopted a "general" exception comparable to that found in the Federal Rules of Evidence, and propose the adoption of an exception shorn of the defects of the rejected federal version.


Balancing The Right To Confrontation And The Need To Protect Child Sexual Abuse Victims: Are Statutes Authorizing Televised Testimony Serving Their Purpose?, Kimberley Seals Bressler Oct 1988

Balancing The Right To Confrontation And The Need To Protect Child Sexual Abuse Victims: Are Statutes Authorizing Televised Testimony Serving Their Purpose?, Kimberley Seals Bressler

Seattle University Law Review

This Comment begins by providing a brief outline of the procedures regulating the use of televised testimony. Next, against the larger backdrop of the history of the right to confrontation, Part III addresses the treatment of televised testimony as hearsay. This section presents a recent Maryland decision as an illustration of the undesirable analogy of televised testimony to hearsay that leads to a more difficult admission standard. Part III concludes with the argument that televised testimony is the functional equivalent of in-court testimony, and thus, a hearsay analysis is inappropriate. Part IV of this Comment presents a recent Supreme Court …


Behaviour Alteration, The Law Reform Commission And The Courts: An Ethical Perspective, Eike-Henner W. Kluge Oct 1988

Behaviour Alteration, The Law Reform Commission And The Courts: An Ethical Perspective, Eike-Henner W. Kluge

Dalhousie Law Journal

The Law Reform Commission of Canada, in its Working Paper 43 Behaviour Alteration and the Criminal Law, addresses the issue of the deliberate modification of human behaviour by medical means. It does so vis-A-vis non-consensual treatment prescribed in the purely therapeutic setting as well as with respect to such treatment imposed by way of sentencing. The Commission focuses its deliberations around three questions: 1. Do present laws provide sufficient protection against involuntary or non-consensual administration of behaviour alteration treatment? 2. Should psychological integrity be protected by the Criminal Code as physical integrity already is? 3. Should the law legitimate the …


Enterprise Liability In Private Civil Rico A Ctions Sep 1988

Enterprise Liability In Private Civil Rico A Ctions

Washington and Lee Law Review

No abstract provided.


Habeas Corpus Committee - Memoranda, Lewis F. Powell Jr. Sep 1988

Habeas Corpus Committee - Memoranda, Lewis F. Powell Jr.

Habeas Corpus Committee

No abstract provided.


Is "Psychological Self-Defense" A Solution To The Problem Of Defending Battered Women W Ho Kill? Sep 1988

Is "Psychological Self-Defense" A Solution To The Problem Of Defending Battered Women W Ho Kill?

Washington and Lee Law Review

No abstract provided.


State Jurisdiction Over Interstate Telephonic Criminal Conspiracy Sep 1988

State Jurisdiction Over Interstate Telephonic Criminal Conspiracy

Washington and Lee Law Review

No abstract provided.


The Concurrent Sentence Doctrine Dies A Quiet Death -- Or Are The Reports Greatly Exaggerated?, Anne S. Emanuel Jul 1988

The Concurrent Sentence Doctrine Dies A Quiet Death -- Or Are The Reports Greatly Exaggerated?, Anne S. Emanuel

Florida State University Law Review

The concurrent sentence doctrine is a judicially-created rule of criminal procedure. In this article, Professor Emanuel traces the history of the doctrine from its roots in eighteenth-century England to its current status in state and federal courts. Recently, the United States Supreme Court effectively forestalled the use of the doctrine in any federal felony conviction; however, Professor Emanuel argues that the doctrine remains viable in collateral actions for postconviction relief from federal convictions and in state couts.


Forced Sex In Battering Relationships: An Ethnographic Investigation, Leigh Hofheimer Jul 1988

Forced Sex In Battering Relationships: An Ethnographic Investigation, Leigh Hofheimer

Institute for the Humanities Theses

This research examines the complex problem of forced sex in battering relationships. Interviewing eleven women in a battered women's shelter in a southeastern city, I focused on both their perceptions of forced sex and its effects on their self-esteem, expectations and body-image.

Based on the interviews I conclude that forced sex needs a broader definition than the traditionally accepted definition of rape. In addition, the victims' memories of earlier incidents of physical abuse during sex may influence their perceptions of when they are being forced. This study suggests that future researchers and members of the helping profession should include the …


Impact Of The Delegation Doctrine On Prison Privatization, Ira Robbins Jun 1988

Impact Of The Delegation Doctrine On Prison Privatization, Ira Robbins

Articles in Law Reviews & Other Academic Journals

Few people would argue that the state of our nation's prisons and jails is ideal. Apart from whatever other ills plague these institutions, overcrowding is pervasive. Populations have doubled in a decade, and with preventive detention, mandatory minimum sentences, habitual offender statutes, and the abolition of parole in some jurisdictions, there is no relief in sight. Some states are even leasing or purchasing prison space in other states. And it is costing the taxpayers more than seventeen million dollars a day to operate the facilities, with estimates ranging up to sixty dollars a day per inmate.


Impact Of The Delegation Doctrine On Prison Privatization, Ira P. Robbins May 1988

Impact Of The Delegation Doctrine On Prison Privatization, Ira P. Robbins

Ira P. Robbins

Few people would argue that the state of our nation's prisons and jails is ideal. Apart from whatever other ills plague these institutions, overcrowding is pervasive. Populations have doubled in a decade, and with preventive detention, mandatory minimum sentences, habitual offender statutes, and the abolition of parole in some jurisdictions, there is no relief in sight. Some states are even leasing or purchasing prison space in other states. And it is costing the taxpayers more than seventeen million dollars a day to operate the facilities, with estimates ranging up to sixty dollars a day per inmate.


Reexamining The Law Of Rape, Janet E. Findlater May 1988

Reexamining The Law Of Rape, Janet E. Findlater

Law Faculty Research Publications

No abstract provided.


The Prosecutor As "Minister Of Justice", Bennett L. Gershman May 1988

The Prosecutor As "Minister Of Justice", Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Times have changed. Today, prosecutors are on top of the world. Their powers are enormous, and constantly reinforced by sympathetic legislatures and courts. The "awful instruments of the criminal law," as Justice Frankfurter described the system,1 are today supplemented with broad new crimes, easier proof requirements, heavier sentencing laws, and an extremely cooperative judiciary, from district and state judges, to the highest Court in the land.


Making Criminal Defense A Crime Under 18 U.S.C. Section 1957, Paul G. Wolfteich May 1988

Making Criminal Defense A Crime Under 18 U.S.C. Section 1957, Paul G. Wolfteich

Vanderbilt Law Review

In 1984 the President's Commission on Organized Crime concluded that money laundering was the lifeblood of organized crime.'The Commission found that drug traffickers and racketeers exploited weaknesses in the Bank Secrecy Act to launder much of their income,estimated by one source to be 150 billion dollars annually. In response,the Commission recommended legislation to strengthen currency reporting laws, to extend the investigative powers of federal agencies, and to create a new money laundering offense.' This new legislation would hold criminally liable persons who conduct a monetary transaction with knowledge or reason to know that the funds involved were derived from unlawful …


Expanding On Borrowed Time: Agency Holding Corp. V. Malley-Duff & Associates, Michael H. Coons Sr. May 1988

Expanding On Borrowed Time: Agency Holding Corp. V. Malley-Duff & Associates, Michael H. Coons Sr.

BYU Law Review

No abstract provided.


The Public Defender, Robert R. Kimball May 1988

The Public Defender, Robert R. Kimball

Michigan Law Review

A Review of The Public Defender by Lisa J. McIntyre


Crimewarps: The Future Of Crime In America, Brandon D. Lawniczak May 1988

Crimewarps: The Future Of Crime In America, Brandon D. Lawniczak

Michigan Law Review

A Review of Crimewarps: The Future of Crime in America by Georgette Bennett


Capital Punishment And The American Agenda, John Pierce Stimson May 1988

Capital Punishment And The American Agenda, John Pierce Stimson

Michigan Law Review

A Review of Capital Punishment and the American Agenda by Franklin E. Zimring and Gordon Hawkins


Reexamining The Law Of Rape, Janet E. Findlater May 1988

Reexamining The Law Of Rape, Janet E. Findlater

Michigan Law Review

A Review Real Rape by Susan Estrich