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1993

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Full-Text Articles in Law

Hate Violence In California - State And Federal Responses To Hate Violence, Senate Judiciary Committee Dec 1993

Hate Violence In California - State And Federal Responses To Hate Violence, Senate Judiciary Committee

California Senate

No abstract provided.


The New Policing: Confronting Complexity, Us Department Of Justice Dec 1993

The New Policing: Confronting Complexity, Us Department Of Justice

National Institute of Justice Research in Brief

No abstract provided.


Not Guilty By Reason Of Victimization, Susan Rutberg Dec 1993

Not Guilty By Reason Of Victimization, Susan Rutberg

Publications

As criminal defense lawyers we are privy to our clients' psycho-social histories in a way that others in the system are not. We have a responsibility to educate judges and juries about the relevance of traumatic events to the formationof specific intent, and to the significance of PTSD as a factor in mitigation at sentencing. We do much more for our clients if we can bring this information to light early on, as part of our representation of first-time offenders. While the PTSD defense has been employed almost exclusively in homicide cases, we must not hold this defense in reserve ...


Rico, Cce, And Other Complex Crimes: The Transformation Of American Criminal Law?, Susan W. Brenner Nov 1993

Rico, Cce, And Other Complex Crimes: The Transformation Of American Criminal Law?, Susan W. Brenner

William & Mary Bill of Rights Journal

No abstract provided.


Deadly Confusion: Juror Instructions In Capital Cases, Theodore Eisenberg, Martin T. Wells Nov 1993

Deadly Confusion: Juror Instructions In Capital Cases, Theodore Eisenberg, Martin T. Wells

Cornell Law Faculty Publications

A fatal mistake. A defendant is sentenced to die because the jury was misinformed about the law. The justice system should be designed to prevent such a tragic error. Yet our interviews with jurors who served in South Carolina capital cases indicate that this nightmare is a reality.

Although our data are limited to South Carolina, the question whether jurors are adequately instructed in capital cases is of national concern. For example, the issue whether jurors should be more fully informed about the alternative to a death sentence has arisen in other states. And the question whether jurors understand the ...


Prosecutorial Discretion And The Conditional Waiver: Lessons From The Japanese Experience, Mark Findlay Nov 1993

Prosecutorial Discretion And The Conditional Waiver: Lessons From The Japanese Experience, Mark Findlay

Research Collection School Of Law

A unique characteristic of prosecutorial discretion in Japan is the formal practice of suspension. From the later part of last century, public prosecutors were presented with the discretionary option of waiving or suspending prosecution dependent on certain conditions.


The Growing Use Of Jail Boot Camps: The Current State Of The Art, Us Department Of Justice Oct 1993

The Growing Use Of Jail Boot Camps: The Current State Of The Art, Us Department Of Justice

National Institute of Justice Research in Brief

No abstract provided.


White Collar Crime From Scratch: Some Observations On The East European Experience, Sarah N. Welling Oct 1993

White Collar Crime From Scratch: Some Observations On The East European Experience, Sarah N. Welling

Law Faculty Scholarly Articles

This Essay recounts the Author’s experiences with an American Bar Association program called the Central and East European Law Initiative (CEELI). The Author traveled in Eastern Europe and focused on white collar crime issues in Poland. The Author was exposed to Eastern Europe's conversion to democracy and a market economy and the role of white collar crime in this conversion. Poland is drafting white collar crime statutes from scratch. There is also the opportunity that Poland’s effort can help us examine our attitudes toward white collar crime.


Precedents In A Vacuum: The Supreme Court Continues To Tinker With Double Jeopardy, Peter J. Henning Oct 1993

Precedents In A Vacuum: The Supreme Court Continues To Tinker With Double Jeopardy, Peter J. Henning

Law Faculty Research Publications

No abstract provided.


Tightening The Net Of Florida's Rico Act, Jennifer Daley Oct 1993

Tightening The Net Of Florida's Rico Act, Jennifer Daley

Florida State University Law Review

No abstract provided.


Harmless Error In Federal Habeas Corpus After Brecht V. Abrahamson, John H. Blume, Stephen P. Garvey Oct 1993

Harmless Error In Federal Habeas Corpus After Brecht V. Abrahamson, John H. Blume, Stephen P. Garvey

Cornell Law Faculty Publications

The law of habeas corpus has changed again. This time it was the law of harmless error. Before Brecht v. Abrahamson, the courts applied the same harmless error rule on direct appeal and in federal habeas corpus. Under that rule, embraced for constitutional errors in Chapman v. California, a conviction tainted by a constitutional error susceptible to harmless error analysis could be upheld only if the state demonstrated that the error was harmless beyond a reasonable doubt. After Brecht, the venerable Chapman rule still applies to constitutional errors identified and reviewed on direct appeal, but an ostensibly "less onerous" standard ...


A Return To The "Bright Line Rule" Of Miranda, Paul Marcus Oct 1993

A Return To The "Bright Line Rule" Of Miranda, Paul Marcus

William & Mary Law Review

No abstract provided.


White Collar Crime From Scratch: Some Observations On The East European Experience, Sarah N. Welling Oct 1993

White Collar Crime From Scratch: Some Observations On The East European Experience, Sarah N. Welling

William & Mary Law Review

No abstract provided.


The Langugage And Culture (Not To Say Race) Of Peremptory Challenges, Sheri Lynn Johnson Oct 1993

The Langugage And Culture (Not To Say Race) Of Peremptory Challenges, Sheri Lynn Johnson

Cornell Law Faculty Publications

No abstract provided.


Back To The Future: Federal Mail And Wire Fraud Under 18 U.S.C. § 1346, John E. Gagliardi Oct 1993

Back To The Future: Federal Mail And Wire Fraud Under 18 U.S.C. § 1346, John E. Gagliardi

Washington Law Review

In 1988, Congress added section 1346 to the federal mail and wire fraud statutes to overturn the Supreme Court decision of McNally v. United States and provide statutory protection of the "intangible right of honest services." This Comment analyzes the extent to which section 1346 restores the protection of intangible rights as existed prior to McNally and concludes that most if not all of those intangible rights are again covered by the statutes. Further, this Comment recommends that the judiciary limit the application of the mail and wire fraud statutes in the private sector to cases involving a breach of ...


Brief Of Amici Curiae Of Ohio Right To Life Society, Inc., Cleveland Lawyers For Life, Inc., Physicians For Life, Inc. In Support Of Respondents, National Organization For Women V. Scheidler, 114 S. Ct. 798 (1993), David F. Forte Sep 1993

Brief Of Amici Curiae Of Ohio Right To Life Society, Inc., Cleveland Lawyers For Life, Inc., Physicians For Life, Inc. In Support Of Respondents, National Organization For Women V. Scheidler, 114 S. Ct. 798 (1993), David F. Forte

Law Faculty Briefs

(In this action, petitioner health care clinics alleged, among other things, that respondents, a coalition of antiabortion groups called the Pro-Life Action Network (PLAN) and others, were members of a nationwide conspiracy to shut down abortion clinics through a pattern of racketeering activity -- including extortion under the Hobbs Act -- in violation of the Racketeer Influenced and Corrupt Organizations Act (RICO) chapter of the Organized Crime Control Act of 1970, 18 U.S.C. §§ 1961-1968.)

Amici contend that the ordinary canons of statutory interpretation support the Seventh Circuit's conclusion below that the Racketeer Influenced and Corrupt Organizations ("RICO") chapter of ...


Brief Of Amici Curiae Of Ohio Right To Life Society, Inc., Cleveland Lawyers For Life, Inc., Physicians For Life, Inc. In Support Of Respondents, National Organization For Women V. Scheidler, 114 S. Ct. 798 (1993), David Forte Sep 1993

Brief Of Amici Curiae Of Ohio Right To Life Society, Inc., Cleveland Lawyers For Life, Inc., Physicians For Life, Inc. In Support Of Respondents, National Organization For Women V. Scheidler, 114 S. Ct. 798 (1993), David Forte

David F. Forte

(In this action, petitioner health care clinics alleged, among other things, that respondents, a coalition of antiabortion groups called the Pro-Life Action Network (PLAN) and others, were members of a nationwide conspiracy to shut down abortion clinics through a pattern of racketeering activity -- including extortion under the Hobbs Act -- in violation of the Racketeer Influenced and Corrupt Organizations Act (RICO) chapter of the Organized Crime Control Act of 1970, 18 U.S.C. §§ 1961-1968.)

Amici contend that the ordinary canons of statutory interpretation support the Seventh Circuit's conclusion below that the Racketeer Influenced and Corrupt Organizations ("RICO") chapter of ...


Section 8: Criminal Law And Procedure, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law Sep 1993

Section 8: Criminal Law And Procedure, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law

Supreme Court Preview

No abstract provided.


Aids And Criminal Law, Randall Coyne Sep 1993

Aids And Criminal Law, Randall Coyne

Randall Coyne

No abstract provided.


Toward The Paperless Police Department: The Use Of Laptop Computers, Us Department Of Justice Sep 1993

Toward The Paperless Police Department: The Use Of Laptop Computers, Us Department Of Justice

National Institute of Justice Research in Brief

No abstract provided.


The Oil Pollution Act’S Criminal Penalties: On A Collision Course With The Law Of The Sea, Stephen J. Darmody Sep 1993

The Oil Pollution Act’S Criminal Penalties: On A Collision Course With The Law Of The Sea, Stephen J. Darmody

Boston College Environmental Affairs Law Review

No abstract provided.


Innocence Of Death: A Habeas Petitioner's Last Chance, Deborah J. Gander Sep 1993

Innocence Of Death: A Habeas Petitioner's Last Chance, Deborah J. Gander

University of Miami Law Review

No abstract provided.


Substantive Equal Protection Analysis Under State V. Russell, And The Potential Impact On The Criminal Justice System, Jeffery A. Kruse Sep 1993

Substantive Equal Protection Analysis Under State V. Russell, And The Potential Impact On The Criminal Justice System, Jeffery A. Kruse

Washington and Lee Law Review

No abstract provided.


Georgia V. Mccollum: An Unprincipled And Potentially Unjust Ending To The Peremptory Challenge Cases, Eric E. Vernon Sep 1993

Georgia V. Mccollum: An Unprincipled And Potentially Unjust Ending To The Peremptory Challenge Cases, Eric E. Vernon

BYU Law Review

No abstract provided.


Improving The Investigation Of Violent Crime: The Homicide Investigation And Tracking System, Us Department Of Justice Aug 1993

Improving The Investigation Of Violent Crime: The Homicide Investigation And Tracking System, Us Department Of Justice

National Institute of Justice Research in Brief

No abstract provided.


The Criminal Evidence (N.I) Order 1988: A Radical Departure From The Common Law Right To Silence In The U.K.?, Richard Maloney Aug 1993

The Criminal Evidence (N.I) Order 1988: A Radical Departure From The Common Law Right To Silence In The U.K.?, Richard Maloney

Boston College International and Comparative Law Review

No abstract provided.


Continuing Criminal Enterprise, Conspiracy, And The Multiple Punishment Doctrine, Kenneth G. Schuler Aug 1993

Continuing Criminal Enterprise, Conspiracy, And The Multiple Punishment Doctrine, Kenneth G. Schuler

Michigan Law Review

This Note argues that the Multiple Punishment Doctrine prohibits the imposition of concurrent convictions and sentences upon criminal defendants found guilty of engaging in a CCE and conspiring to violate narcotics laws. Part I surveys the values underlying the Multiple Punishment Doctrine and traces the evolution of the Supreme Court's application of the doctrine to modern criminal law. Part II examines the various methods employed by the circuit courts of appeals to deal with simultaneous convictions and sentences for CCE and conspiracy. Part III reviews the test, identified in Part I, that the Supreme Court has implicitly utilized to ...


1. Children's Decision-Making Competency: Misunderstanding Piaget., Thomas D. Lyon Jul 1993

1. Children's Decision-Making Competency: Misunderstanding Piaget., Thomas D. Lyon

Thomas D. Lyon

Children's decision making ability is important in a number of areas in the law.  A child's competence to decide affects how her actions and opinions are evaluated in family court proceedings, dependency actions, delinquency cases, and civil suits.


Reforming The Criminal Trial, Craig M. Bradley Jul 1993

Reforming The Criminal Trial, Craig M. Bradley

Indiana Law Journal

No abstract provided.


Is Innocence Sufficient? An Essay On The U.S. Supreme Court's Continuing Problems With Federal Habeas Corpus And The Death Penalty, Joseph L. Hoffmann Jul 1993

Is Innocence Sufficient? An Essay On The U.S. Supreme Court's Continuing Problems With Federal Habeas Corpus And The Death Penalty, Joseph L. Hoffmann

Indiana Law Journal

No abstract provided.