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Articles 1 - 30 of 35
Full-Text Articles in Law
Legal Fictions And Moral Reasoning: Capital Punishment And The Mentally Retarded Defendant After Penry V. Johnson, Timothy S. Hall
Legal Fictions And Moral Reasoning: Capital Punishment And The Mentally Retarded Defendant After Penry V. Johnson, Timothy S. Hall
Akron Law Review
The relationship between mental health law and criminal law is disturbing in both its substance and its scope. If it is true that the task of lawyering is that of enabling the client to have his story told, it is certainly true that nowhere are clients' stories more complex than in the intersection between criminal law and mental health law. This Article involves one such intersection: the relationship between mental retardation and capital punishment. Johnny Paul Penry is a convicted rapist and murderer on death row in Texas. He is a survivor of long-term child abuse and organic brain damage …
Life After Sentence Of Death: What Becomes Of Individuals Under Sentence Of Death After Capital Punishment Legislation Is Repealed Or Invalidated, James R. Acker, Brian W. Stull
Life After Sentence Of Death: What Becomes Of Individuals Under Sentence Of Death After Capital Punishment Legislation Is Repealed Or Invalidated, James R. Acker, Brian W. Stull
Akron Law Review
More than 2500 individuals are now under sentence of death in the United States. At the same time, multiple indicators—public opinion polls, legislative repeal and judicial invalidation of deathpenalty laws, the reduction in new death sentences, and infrequency of executions—suggest that support for capital punishment has significantly eroded. As jurisdictions abandon or consider eliminating the death-penalty, the fate of prisoners on death row—whether their death sentences, valid when imposed, should be carried out or whether these individuals should instead be spared execution—looms as contentious political and legal issues, fraught with complex philosophical, penological, and constitutional questions. This article presents a …
Sentencing By Ambush: An Insider's Perspective On Plea Bargaining Reform, Justice Michael P. Donnelly
Sentencing By Ambush: An Insider's Perspective On Plea Bargaining Reform, Justice Michael P. Donnelly
Akron Law Review
The vast majority of cases in our state criminal justice system are resolved not by proceeding to trial but through negotiated plea agreements. These are contracts between the government and the accused in which both sides are negotiating for some form of benefit in the ultimate resolution. In this article, Justice Donnelly exposes what he sees as a flaw in the system in the manner in which trial court judges oversee this process of negotiation. In a significant number of cases, the state induces defendants to enter into a guilty plea with no certain sentence, amounting to an illusory agreement …
Ohio's New Sentencing Guidelines: A "Middleground" Approach To Crack Sentencing, Dan Haude
Ohio's New Sentencing Guidelines: A "Middleground" Approach To Crack Sentencing, Dan Haude
Akron Law Review
No abstract provided.
Justice Scalia's Eighth Amendment Jurisprudence: An Unabashed Foe Of Criminal Defendants, Michael Vitiello
Justice Scalia's Eighth Amendment Jurisprudence: An Unabashed Foe Of Criminal Defendants, Michael Vitiello
Akron Law Review
Justice Scalia’s death has already produced a host of commentary on his career. Depending on the issue, Justice Scalia’s legacy is quite complicated. Justice Scalia’s commitment to originalism explains at least some of his pro-defendant positions. Some of his supporters point to such examples to support a claim that Justice Scalia was principled in his application of his jurisprudential philosophy. However, in one area, Justice Scalia was an unabashed foe of criminal defendants: his Eighth Amendment jurisprudential dealing with terms of imprisonment. There, based on his reading of the historical record, he argued that the Eighth Amendment’s prohibition against cruel …
Fighting Collateral Sanctions One Statute At A Time: Addressing The Inadequacy Of Child Endangerment Statutes And How They Affect The Employment Aspirations Of Criminal Offenders, Sarah Wetzel
Akron Law Review
In an age where one in four adult Americans has a criminal record, post-conviction relief measures and review of criminal statutes is on the rise. This Comment addresses the inadequacy of current child endangerment statutes around the country by providing examples of those which are too broad and result in convictions of well-meaning parents and those which are too narrow and allow other parents to harm their children without repercussion. It then places these statutes in the context of collateral sanctions that are imposed on individuals with child endangerment convictions, particularly those related to employment and professional licensing.
Suspicious Person Ordinances - Due Process Standards; Columbus V. Thompson, Joel R. Campbell
Suspicious Person Ordinances - Due Process Standards; Columbus V. Thompson, Joel R. Campbell
Akron Law Review
In the absence of circumstances involving First Amendment rights, we are left without guidelines as to the conduct which may be made criminal by local suspicious person ordinances. Because of this lack of adequate standards, a case by case determination of criminal conduct under the various ordinances is necessary. In Thompson the defendant's conduct was questionable and the court found the ordinance unconstitutionally vague. We can only hope that this decision has a sufficient impact upon law enforcement officials and local courts to minimize the injury resulting from vagueness.
Suspicious Person Ordinances - Due Process Standards; Columbus V. Thompson, Joel R. Campbell
Suspicious Person Ordinances - Due Process Standards; Columbus V. Thompson, Joel R. Campbell
Akron Law Review
In the absence of circumstances involving First Amendment rights, we are left without guidelines as to the conduct which may be made criminal by local suspicious person ordinances. Because of this lack of adequate standards, a case by case determination of criminal conduct under the various ordinances is necessary. In Thompson the defendant's conduct was questionable and the court found the ordinance unconstitutionally vague. We can only hope that this decision has a sufficient impact upon law enforcement officials and local courts to minimize the injury resulting from vagueness.
Criminal Law - Search And Seizure - Scope Of The Term - "Frisk"; State V. Henry, Anthony J. Occhipinti Jr.
Criminal Law - Search And Seizure - Scope Of The Term - "Frisk"; State V. Henry, Anthony J. Occhipinti Jr.
Akron Law Review
State v. Henry is a case involving prosecution for the unlawful possession of narcotic drugs. Henry was convicted on evidence obtained as a result of a "frisk." It should be made clear at the outset that a "frisk" is not a "full" search as is permitted in situations where there is probable cause for arrest. The "frisk" is limited to a protective search or pat-down of the outer clothing for the purpose of detecting weapons. Even though probable cause is not a condition precedent to a "frisk," the "frisk" is, nevertheless, governed by the Reasonableness Clause of the Fourth Amendment. …
Criminal Law - Search And Seizure - Scope Of The Term - "Frisk"; State V. Henry, Anthony J. Occhipinti Jr.
Criminal Law - Search And Seizure - Scope Of The Term - "Frisk"; State V. Henry, Anthony J. Occhipinti Jr.
Akron Law Review
State v. Henry' is a case involving prosecution for the unlawful possession of narcotic drugs. Henry was convicted on evidence obtained as a result of a "frisk." It should be made clear at the outset that a "frisk" is not a "full" search as is permitted in situations where there is probable cause for arrest. The "frisk" is limited to a protective search or pat-down of the outer clothing for the purpose of detecting weapons. Even though probable cause is not a condition precedent to a "frisk," the "frisk" is, nevertheless, governed by the Reasonableness Clause of the Fourth Amendment. …
Book Review: Psychiatric Justice, Alice M. Batchelder
Book Review: Psychiatric Justice, Alice M. Batchelder
Akron Law Review
In an era in which extensive judicial emphasis has been placed on "due process of law" in criminal proceedings, both in the federal courts and in the state courts, Dr. Szasz's book serves as a jarring reminder that in at least one vital area of the concept of due process, much remains to be done. The emerging definition of due process has enunciated the rights guaranteed the individual by the Fourth, Fifth, Sixth, and Fourteenth Amendments; and viewed within that framework, this book, although published in 1965, remains particularly timely, for Szasz, speaking as a psychiatrist, endeavors to demonstrate how …
Infanticide - Requirement That The Victim Be Born Alive; State V. Dickinson, Richard R. Wilfong
Infanticide - Requirement That The Victim Be Born Alive; State V. Dickinson, Richard R. Wilfong
Akron Law Review
This case is unique, because it is the first time a court has imposed a conviction of homicide for the death of a viable unborn fetus caused by an unlawful but unintentional act. The evidence is persuasive beyond a reasonable doubt that the defendant was operating a motor vehicle while under the influence of alcohol, without due regard for the safety and rights of others, and in such a manner as to endanger the life or property of other persons in lawful use of the streets and highways. The soundness of the court's finding depends upon a determination of the …
Duty Of Trial Judge When Defendant Objects To Competency Of His Counsel; State V. Deal, Nicholas T. George
Duty Of Trial Judge When Defendant Objects To Competency Of His Counsel; State V. Deal, Nicholas T. George
Akron Law Review
Obviously, from the quoted statement, Justice Schneider felt that the Supreme Court had no way of knowing whether or not the objection was valid. The record failed to reveal why there was no alibi defense filed or why there were no defense witnesses called. The record being silent, one could hypothesize that appointed counsel talked to defendant's witnesses and felt that their testimony would be of no avail. Moreover, it is possible that after appointed counsel investigated the alibi defense he found it useless. It is here, to this third issue, that the force of the Supreme Court's decision must …
The Administratioin Of Criminal Justice In The U.S.S.R., John H. Shoemaker
The Administratioin Of Criminal Justice In The U.S.S.R., John H. Shoemaker
Akron Law Review
The above procedure in the United States is conducted as follows: on the state and local level by the local police departments, with the arraignment and indictment being handled by the local county prosecutor; or on the federal level by federal police agencies operating through the U. S. attorney. The incarceration of the convicted person is handled by county or state agencies on the one hand, or federal penal institutions on the other. One similarity between the Russian System and ours is that in United States criminal practice on the federal level the coordination and uniformity essential to reform and …
Application Of Ohio Post-Conviction Procedure - Effect Of Prior Judgment On.; Coley V. Alvis, Thomas A. Geraci Jr.
Application Of Ohio Post-Conviction Procedure - Effect Of Prior Judgment On.; Coley V. Alvis, Thomas A. Geraci Jr.
Akron Law Review
In the per curiam decision of Coley v. Alvis' the United States Court of Appeals for the Sixth Circuit reversed an Ohio District Court decision dismissing Coley's petition for habeas corpus for failure to exhaust his state remedies. The circuit Court remanded, stating that it would be futile for petitioner to attempt to void his conviction under the Ohio post-conviction statute because of the narrow limits placed on it by the state courts and that there was consequently no longer any effective state remedy. Since the grounds that petitioner set forth to sustain his writ did not fall within any …
Constitutional Rights Of Youthful Offenders; In The Matter Of Gault, Robert M. Kunczt
Constitutional Rights Of Youthful Offenders; In The Matter Of Gault, Robert M. Kunczt
Akron Law Review
After the decisions in Gideon v. Wainwright, 372 U. S. 335 (1963), Miranda v. Arizona, 384 U. S. 436 (1966), and Escobedo v. Illinois, 378 U. S. 478 (1964), which revealed the Supreme Court's solicitude of the constitutional rights of adults, it seemed improbable that the lower courts would long be permitted to continue ignoring the constitutional rights of juveniles. Thus the decision in the principal case, which represents a breakthrough in the assurance of a fair hearing to minors, comes as no surprise. The case holds that under the Fourteenth Amendment a juvenile has a right to notice of …
Confessions, Miranda's Applicability; Clewis V. Texas, Howard E. Mentzer
Confessions, Miranda's Applicability; Clewis V. Texas, Howard E. Mentzer
Akron Law Review
Recent United States Supreme Court decisions concerning the admissibility of statements or confessions into evidence have sharply curtailed haphazard interrogation procedures. As courts have become more punctilious about "due process" and other constitutional guarantees, a greater degree of care and fairness has been demanded in soliciting information and advising uninformed individuals of their rights.
The Admissibility Of Polygraph ("Lie Detector") Evidence Pursuant To Stipulation In Criminal Proceedings, Bruce C. Heslop
The Admissibility Of Polygraph ("Lie Detector") Evidence Pursuant To Stipulation In Criminal Proceedings, Bruce C. Heslop
Akron Law Review
American courts have traditionally held that evidence pertaining to the results of a lie-detector test is inadmissible in a criminal proceeding on behalf of either the prosecution or defense….In recent years, however, a few jurisdictions have withdrawn from the traditional approach and have admitted lie-detector evidence in limited situations, notwithstanding objection by the adverse party….The decision of whether or not to adopt the approach presented here must critically evaluate the potential value of polygraph evidence along with its potential dangers. In so doing, the courts of Ohio should determine whether a procedure may be devised to maximize the value and …
Evidence - Admissibility Of Statements To Parole Officer - Miranda Warnings; State V. Gallagher, Thomas A. Treadon
Evidence - Admissibility Of Statements To Parole Officer - Miranda Warnings; State V. Gallagher, Thomas A. Treadon
Akron Law Review
The opinion handed down in this recent decision from the Montgomery County Court of Appeals examined a question of first impression in the courts of Ohio. The issue presented was "whether a parole or probation officer is a law enforcement officer within the contemplation of Miranda and thus subject to the Miranda requirements of constitutional warnings to suspects during custodial interrogation...."
Searches And Seizures - Arrest - Motor Vehicle Exception To Warrant Requirement - Limits? People V. Dumas, Gordon D. Arnold
Searches And Seizures - Arrest - Motor Vehicle Exception To Warrant Requirement - Limits? People V. Dumas, Gordon D. Arnold
Akron Law Review
On May 11, 1970, officers of the Los Angeles Police Department approached the apartment of Clay Dumas. Based on a report from a reliable informant, whose information had been corroborated by independent police investigation, the police had obtained a warrant to search Dumas' apartment and "all trash cans, storage areas, garages and carports which are assigned to and/or used by occupants of the aforesaid apartment." The objects of the search were certain stolen bonds and bank checks which, according to the police informant, Dumas had been in possession of for about eight weeks; also narcotics and narcotics gear. The police …
The Reach Of The Law: Sin, Crime And Poor Taste, Alexander B. Smith, Harriet Pollack
The Reach Of The Law: Sin, Crime And Poor Taste, Alexander B. Smith, Harriet Pollack
Akron Law Review
The past decade has been a period of intensive reevaluation of the law. The criminal law, in particular, has been subjected to an especially intensive criticism. These attacks fall largely into two categories: criticisms of the legitimacy of our penal codes, and criticisms of their efficiency.
Starting with the Civil Rights Movement of the Kennedy era with its heavy emphasis on civil disobedience as a tool of protest, the legitimacy of many of our laws was called into question. When Rosa Parks sat in the front of the bus in Montgomery, Alabama, she was not simply breaking the law; she …
Entrapment - An End? State V. Rowan, Kenneth D. Morse
Entrapment - An End? State V. Rowan, Kenneth D. Morse
Akron Law Review
Rowan creates a trap for the individual who is confronted by the undercover narcotics agent and who had no intention of committing the crime. That the crime is more likely to occur under Rowan cannot be doubted. It is of utmost significance that the narcotics agent may sell and deliver drugs. Courts cannot ignore a change of social mores which have occurred. 25 More and more people are willing to accept the existence of conduct which was previously branded as criminal behavior. It is precisely these people that the Rowan decision sets out to trap.
Escape From Prision; Defenses; Duress; Homosexual Attacks; People V. Harmon, Richard S. Berger
Escape From Prision; Defenses; Duress; Homosexual Attacks; People V. Harmon, Richard S. Berger
Akron Law Review
IN RECENT YEARS, the courts have begun to recognize the critical problem of homosexual attacks occurring in our prisons. However, prior to the decision in People v. Harmon, one who escaped from prison for fear of such homosexual attacks could not avail himself of the defense of duress or coercion, in order to have the question submitted to the jury.
Admissibility Of Voiceprints Not Limited To "Corroborative Purposes" Unted States V. Franks, R. Brent Chapman
Admissibility Of Voiceprints Not Limited To "Corroborative Purposes" Unted States V. Franks, R. Brent Chapman
Akron Law Review
ON FEBRUARY 12, 1975, the United States Court of Appeals for the Sixth Circuit decided United States v. Franks,' affirming a district court ruling, which permitted the use of voiceprints for purposes of identification and marking the first occasion in which a circuit court had held such evidence admissible.
Death Penalty; Cruel And Unusual Punishment; Individualized Sentencing Determination; Lockett V. Ohio; Bell V. Ohio, James C. Ellerhorst
Death Penalty; Cruel And Unusual Punishment; Individualized Sentencing Determination; Lockett V. Ohio; Bell V. Ohio, James C. Ellerhorst
Akron Law Review
“In Bell v. Ohio and Lockett v. Ohio the United States Supreme Court found the sentencing provisions of the Ohio capital punishment statute to be incompatible with the eighth and fourteenth amendments which prohibit cruel and unusual punishment. These two opinions represent the most recent attempt by the Supreme Court to explain what elements must be included in a constitutionally valid capital punishment statute.”
New Strategies For The Defense Of Capital Cases, Dennis N. Balske
New Strategies For The Defense Of Capital Cases, Dennis N. Balske
Akron Law Review
Practically all capital defendants are poor people. Accordingly, the lawyer representing a capital defendant is usually court-appointed and has probably never tried a death case. In smaller communities, he or she may have represented a few criminal defendants, but does not specialize in criminal law. In larger metropolitan areas, overworked public defenders often times must shoulder the responsibilities of capital cases. Sobered by the possible sentence faced in the event of conviction, the defense lawyer seeks out new ideas, publications in the field, and practical advice or actual assistance from lawyers with expertise in trying capital cases. This article attempts …
Ohio Supreme Court Symposium
Akron Law Review
During the 1981-1982 term the Ohio Supreme Court rendered 250 written opinions on a wide range of topics from wiretapping to the liability of landlords for injuries. In several cases, individuals gained significant legal rights in dealing with business and others. In addition, there were some significant changes in the law governing municipal sovereignty and immunity. This symposium will not attempt to cover all decisions of the Ohio Supreme Court, but rather to highlight some of the major decisions which affect Ohioans.
Entrapment In Ohio, Margaret Barker
Entrapment In Ohio, Margaret Barker
Akron Law Review
Police commonly pose as drug buyers, conspirators in bribery schemes, prostitutes, burglars, and receivers of stolen property in order to apprehend criminals. Does police involvement in these crimes constitute entrapment? Not necessarily. Entrapment, as distinguished from mere deception, occurs when the police, in order to prosecute a crime, induce a person to commit a crime which he would not ordinarily commit. A defendant who has been entrapped is entitled to an acquittal. This seems simple enough, but police, defendants, prosecutors, defense attorneys and judges have discovered that fine lines separate permissible and impermissible police activity. It is not easy, therefore, …
The Writ-Writers: Jailhouse Lawyers Right Of Meaningful Access To The Courts, John F. Myers
The Writ-Writers: Jailhouse Lawyers Right Of Meaningful Access To The Courts, John F. Myers
Akron Law Review
This comment will focus on the evolution of jailhouse lawyers, the rights they possess and the problems they face in a system that continually seeks to limit their activities
The Impact Of New Justices: The U.S. Supreme Court And Criminal Justice Policy, Christopher E. Smith
The Impact Of New Justices: The U.S. Supreme Court And Criminal Justice Policy, Christopher E. Smith
Akron Law Review
The Supreme Court is an important policy-making institution. In criminal justice, for example, the high court issues decisions affecting institutions, actors, and processes throughout the justice system, from police investigations through corrections and parole. The Court's policy decisions affecting criminal justice are produced by the votes of the nine justices who select, hear, decide, and issue opinions in cases. It is widely recognized, and probably axiomatic, that the Supreme Court's decision-making patterns are determined by the Court's membership at any given moment in history. When five or more justices support a specific outcome in a case, they can form a …