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1992

Criminal Law

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Articles 1 - 30 of 194

Full-Text Articles in Law

Norms Of Pride And Resistance: Psychology, Virtue, And The Blackmail Puzzle - Draft - 12-31-1992, Wendy J. Gordon Dec 1992

Norms Of Pride And Resistance: Psychology, Virtue, And The Blackmail Puzzle - Draft - 12-31-1992, Wendy J. Gordon

Scholarship Chronologically

Blackmail law can impact on the belief structures (moralisms) and behaviors of both the potential criminal and the potential victim; it also can affect the conceptual and value structures of lawyers and other societal onlookers. These issues surrounding what one might call the "symbolic" virtues of outlawing the act of blackmail may help to explain why blackmail law seems relatively unconcerned with the well-being of the victim.


Criminal Law And Procedure, John O. Cole Dec 1992

Criminal Law And Procedure, John O. Cole

Mercer Law Review

The Georgia appellate courts wrote opinions in over 500 cases during the year of the survey period, most of which were in the court of appeals. The volumes in question in this survey are positively bloated with criminal appeals. Reading through them is a depressing experience for two reasons. First, something seems amiss in a system in which so many attorneys, judges, law clerks, other officials, printers, and trees participate in an appellate process that for the most part changes nothing and has no effect on the litigants. Second, while some of the appeals are meritless to the point of …


Prison Objectives And Human Dignity: Reaching A Mutual Accommodation, Melvin Gutterman Nov 1992

Prison Objectives And Human Dignity: Reaching A Mutual Accommodation, Melvin Gutterman

BYU Law Review

No abstract provided.


Two Cheers For A Tale Of Three Cities, David Yellen Nov 1992

Two Cheers For A Tale Of Three Cities, David Yellen

Articles

No abstract provided.


The Payne Of Allowing Victim Impact Statements At Capital Sentencing Hearings, Michael I. Oberlander Nov 1992

The Payne Of Allowing Victim Impact Statements At Capital Sentencing Hearings, Michael I. Oberlander

Vanderbilt Law Review

A teenage boy returns from a night out with his friends to find his home in disarray; furniture is strewn about and valuable belongings are missing. He ventures towards his parents' bedroom, unaware of the horrific scene that he soon will witness. As he enters his parents' bedroom a sudden sense of reality washes over him as he views the scene in the room: his parents are dead on their bed, in inhuman, violently conorted positions, with blood covering the sheets, their bodies, the floor, and the walls. The boy, in shock, reaches for the phone and calls the police. …


Book Review: Allen Steinberg, The Transformation Of Criminal Justice: Philadelphia, 1800-1880, Thomas D. Russell Oct 1992

Book Review: Allen Steinberg, The Transformation Of Criminal Justice: Philadelphia, 1800-1880, Thomas D. Russell

Sturm College of Law: Faculty Scholarship

No abstract provided.


The Cycle Of Violence, Us Department Of Justice Oct 1992

The Cycle Of Violence, Us Department Of Justice

National Institute of Justice Research in Brief

No abstract provided.


Why Civil Protection Orders Are Effective Remedies For Domestic Violence But Mutual Protective Orders Are Not, Elizabeth Topliffe Oct 1992

Why Civil Protection Orders Are Effective Remedies For Domestic Violence But Mutual Protective Orders Are Not, Elizabeth Topliffe

Indiana Law Journal

No abstract provided.


Rethinking Guild, Juries, And Jeopardy, George C. Thomas Iii, Barry S. Pollack Oct 1992

Rethinking Guild, Juries, And Jeopardy, George C. Thomas Iii, Barry S. Pollack

Michigan Law Review

We have attempted in this article to "begin over again and concentrate" by taking a fresh look at the interplay between guilt and jury verdicts. Somewhat to our surprise, we discovered that guilt is undefinable without reference to the larger society. We also discovered that our risk-of-error experiments implicated the principle of double jeopardy. When we began this thought experiment, we intended only to test the risk of error in various jury configurations and verdicts. We ended, however, by articulating a more fundamental principle: guilt is nothing more, and nothing less, than the judgment of society. Any verdict that accurately …


Aboriginal Peoples And Criminal Justice: A Special Report Of The Law Reform Commission Of Canada, Bruce P. Archibald Oct 1992

Aboriginal Peoples And Criminal Justice: A Special Report Of The Law Reform Commission Of Canada, Bruce P. Archibald

Dalhousie Law Journal

Canada's criminal justice system has been shaken out of its stolid complacency in recent years by demonstrated instances of unfair treatment of religious, ethnic and racial minorities, and in particular our Aboriginal peoples.' Faced with a hue and cry directed at the justice system, the federal Minister of Justice asked the Law Reform Commission of Canada to study "as a matter of special priority, the Criminal Code and related statutes and to examine the extent to which those laws ensure that Aboriginal persons and persons who are members of cultural or religious minorities have equal access to justice and are …


Paedophilia: The Criminal Responsibility Of Canada's Churches, Dawn Russell Oct 1992

Paedophilia: The Criminal Responsibility Of Canada's Churches, Dawn Russell

Dalhousie Law Journal

In the last few years Canada's churches have been plagued by sexual abuse scandals from Newfoundland to British Columbia. Members of the clergy and of lay orders across the country have been charged with, and convicted of, criminal offences involving the physical and sexual abuse of children. Mediareports and television documentaries have emphasized the tremendous scope of the problem of clergy paedophilia, the seriousness of the harm done to the victims, and the irresponsible and sometimes heartless behaviour of church officials who received reports of such abuse. These stories have shocked the Canadian public and have given rise to a …


Thelma And Louise And Bonnie And Jean: Images Of Women As Criminals, Susan Herman Oct 1992

Thelma And Louise And Bonnie And Jean: Images Of Women As Criminals, Susan Herman

Faculty Scholarship

No abstract provided.


The Fall And Rise Of The Entrapment Defense, Paul Marcus Sep 1992

The Fall And Rise Of The Entrapment Defense, Paul Marcus

Popular Media

No abstract provided.


Nij Evaluates Drug Control Projects, Us Department Of Justice Sep 1992

Nij Evaluates Drug Control Projects, Us Department Of Justice

National Institute of Justice Research in Brief

No abstract provided.


Pretrial Drug Testing, Us Department Of Justice Sep 1992

Pretrial Drug Testing, Us Department Of Justice

National Institute of Justice Research in Brief

No abstract provided.


International Money Laundering: Research And Investigation Join Forces, Us Department Of Justice Sep 1992

International Money Laundering: Research And Investigation Join Forces, Us Department Of Justice

National Institute of Justice Research in Brief

No abstract provided.


Prosecutorial Discretion In An Adversary System, Kenneth J. Meulli Sep 1992

Prosecutorial Discretion In An Adversary System, Kenneth J. Meulli

BYU Law Review

No abstract provided.


Payne V. Tennessee: The Supreme Court Places Its Stamp Of Approval On The Use Of "Victim Impact Evidence" During Capital Sentencing Proceedings, Stephen M. Sargent Sep 1992

Payne V. Tennessee: The Supreme Court Places Its Stamp Of Approval On The Use Of "Victim Impact Evidence" During Capital Sentencing Proceedings, Stephen M. Sargent

BYU Law Review

No abstract provided.


Community Policing In Seattle: A Model Partnership Between Citizens And Police, Us Department Of Justice Aug 1992

Community Policing In Seattle: A Model Partnership Between Citizens And Police, Us Department Of Justice

National Institute of Justice Research in Brief

No abstract provided.


Assessing Criminal Justice Needs, Us Department Of Justice Aug 1992

Assessing Criminal Justice Needs, Us Department Of Justice

National Institute of Justice Research in Brief

No abstract provided.


Handgun Article, Lewis F. Powell Jr. Jul 1992

Handgun Article, Lewis F. Powell Jr.

Powell Writings

No abstract provided.


The Meaning Of Deserved Punishment: An Essay On Choice, Character, And Responsibility, Samuel H. Pillsbury Jul 1992

The Meaning Of Deserved Punishment: An Essay On Choice, Character, And Responsibility, Samuel H. Pillsbury

Indiana Law Journal

No abstract provided.


Beyond Maryland V. Craig: Can And Should Adult Rape Victims Be Permitted To Testify By Closed-Circuit Television?, Lisa Hamilton Thielmeyer Jul 1992

Beyond Maryland V. Craig: Can And Should Adult Rape Victims Be Permitted To Testify By Closed-Circuit Television?, Lisa Hamilton Thielmeyer

Indiana Law Journal

No abstract provided.


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.


United States V. Elgersma: The Burden Of Proof In Criminal Forfeiture Proceedings Under 21 U.S.C. § 853, James D. Tolliver Jul 1992

United States V. Elgersma: The Burden Of Proof In Criminal Forfeiture Proceedings Under 21 U.S.C. § 853, James D. Tolliver

Mercer Law Review

In United States v. Elgersma, the Eleventh Circuit Court of Appeals decided the issue of what burden of proof applies to a criminal forfeiture proceeding under section 853 of the Comprehensive Crime Control Act of 19842 ("section 853"). After examining the legislative history of section

853 and case law- from its own and other circuits, the court held that criminal forfeiture is a criminal charge requiring the government to prove the guilt of the accused beyond a reasonable doubt. A majority of the court rejected Judge Anderson's concurring opinion in which he argued that criminal forfeiture is an element …


Constitutional Criminal Law, Peggy Natale, Anthony J. Natale Jul 1992

Constitutional Criminal Law, Peggy Natale, Anthony J. Natale

Mercer Law Review

Last year, the Eleventh Circuit examined some interesting constitutional issues that affect defendants in criminal cases. What follows are the most significant of those constitutional issue cases, and an additional criminal case of first impression to the Eleventh Circuit Court of Appeals. The authors have made no effort to provide an exhaustive digest of all the court's opinions for the 1991 year.

  • First Amendment
  • Fourth Amendment
  • Fifth Amendment
  • Sixth Amendment
  • Case of First Impression


The Wrongful Death Of Bob Black, C. Peter Erlinder Jun 1992

The Wrongful Death Of Bob Black, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.


Controlling Street-Level Drug Trafficking: Evidence From Oakland And Birmingham, Us Department Of Justice Jun 1992

Controlling Street-Level Drug Trafficking: Evidence From Oakland And Birmingham, Us Department Of Justice

National Institute of Justice Research in Brief

No abstract provided.


Federal Prosecution Of State And Local Public Officials: The Obstacles To Punishing Breaches Of The Public Trust And A Proposal For Reform, Part Two, Michael W. Carey, Larry R. Ellis, Joseph F. Savage Jr. Jun 1992

Federal Prosecution Of State And Local Public Officials: The Obstacles To Punishing Breaches Of The Public Trust And A Proposal For Reform, Part Two, Michael W. Carey, Larry R. Ellis, Joseph F. Savage Jr.

West Virginia Law Review

No abstract provided.


Criminal Prosecution Of Workplace Safety Violations, Michael T. Cimino Jun 1992

Criminal Prosecution Of Workplace Safety Violations, Michael T. Cimino

West Virginia Law Review

No abstract provided.