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Articles 1 - 22 of 22
Full-Text Articles in Constitutional Law
Pretrial Publicity In Criminal Cases Of National Notoriety: Constructing A Remedy For The Remediless Wrong , Robert Hardaway, Douglas B. Tumminello
Pretrial Publicity In Criminal Cases Of National Notoriety: Constructing A Remedy For The Remediless Wrong , Robert Hardaway, Douglas B. Tumminello
American University Law Review
No abstract provided.
The Limits Of Legal Language: Decisionmaking In Capital Cases, Jordan M. Steiker
The Limits Of Legal Language: Decisionmaking In Capital Cases, Jordan M. Steiker
Michigan Law Review
To make the case for the proposed changes, I will first describe briefly in Parts I and II the structure of pre- and post-Furman capital decisiorurtaking and the weaknesses of those approaches. I then will set forth in Part III the specific rationales for each proposed reform.
The scheme I propose raises a significant constitutional question. Can the death penalty be retained as a punishment if we abandon the pretense of providing meaningful guidance through detailed sentencing instructions? Would the reestablishment of relatively unstructured penalty phase deliberations similar to, but also importantly different from, those characteristic of pre-Furman …
Spousal Incompetency And The Charter, Hamish Stewart
Spousal Incompetency And The Charter, Hamish Stewart
Osgoode Hall Law Journal
This article considers the effect of the Canadian Charter of Rights and Freedoms on the rule of spousal incompetency in criminal proceedings. The rule is arguably under-inclusive, in that it is not available to protect opposite-sex couples who are not legally married or same-sex couples; on the other hand, the rule is arguably offensive to the modem conception of marriage. The Charter arguments for each of these positions are considered, and it is submitted that the Charter requires the rule of spousal incompetency, whatever it is, to apply equally to legally married couples, to cohabitants, and to same-sex couples. A …
The Federalization Of State Crimes: Some Observations And Reflections, Sam J. Ervin Iii
The Federalization Of State Crimes: Some Observations And Reflections, Sam J. Ervin Iii
West Virginia Law Review
No abstract provided.
Lopez And The Federalization Of Criminal Law, Russell L. Weaver
Lopez And The Federalization Of Criminal Law, Russell L. Weaver
West Virginia Law Review
No abstract provided.
Federalism And The Judicial Function: A Cutting Edge Amidst Professions Of Restraint, Donald E. Lively
Federalism And The Judicial Function: A Cutting Edge Amidst Professions Of Restraint, Donald E. Lively
West Virginia Law Review
No abstract provided.
Introduction: Macro And Micro Evaluation Of The Federalization Of Crime, Gerald G. Ashdown
Introduction: Macro And Micro Evaluation Of The Federalization Of Crime, Gerald G. Ashdown
West Virginia Law Review
No abstract provided.
Federalism, Federalization, And The Politics Of Crime, Gerald G. Ashdown
Federalism, Federalization, And The Politics Of Crime, Gerald G. Ashdown
West Virginia Law Review
No abstract provided.
Paranoia, Patriotism, And The Citizen Militia Movement: Constitutional Right Or Criminal Conduct?, R.J. Larizza
Paranoia, Patriotism, And The Citizen Militia Movement: Constitutional Right Or Criminal Conduct?, R.J. Larizza
Mercer Law Review
As this country rushes towards the twenty first century, a growing cloud of civil unrest has found its way into the hearts of many Americans. In a bold move to challenge the power of the federal government, a significant number of American citizens have sought refuge from perceived government injustice by forming citizen militias. These self styled militia groups fear that the liberties guaranteed by the United States Constitution are rapidly evaporating in the wake of a federal government that has grown too large and powerful. For example, while addressing the Senate Subcommittee on terrorism, Norman Olson (Commander of the …
One Bite At The Apple: Reversals Of Convictions Tainted By Prosecutorial Misconduct And The Ban On Double Jeopardy, Rick A. Bierschbach
One Bite At The Apple: Reversals Of Convictions Tainted By Prosecutorial Misconduct And The Ban On Double Jeopardy, Rick A. Bierschbach
Michigan Law Review
This Note argues that the Double Jeopardy Clause bars retrial after reversals of convictions tainted by prosecutorial misconduct in the submission of evidence when two conditions are met: (1) the prosecutor intentionally introduced tainted evidence, and (2) excluding the tainted evidence would have left insufficient evidence at trial to support the defendant's conviction. This Note contends that this limited extension of double jeopardy protection is both mandated by the policies underlying the Double Jeopardy Clause and consistent with existing double jeopardy jurisprudence.
Wanted: Privacy Protection For Doctors Who Performed Abortions, Angela Christina Couch
Wanted: Privacy Protection For Doctors Who Performed Abortions, Angela Christina Couch
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Notes: Criminal Law — Constitutional Law — Maryland's "Son Of Sam" Statute Does Not Compel A Criminal Defendant To Turn Over Notoriety Of Crimes Contracts To The Attorney General. Curran V. Price, 334 Md. 149, 638 A.2d 93 (1994), Danielle B. Gibbs
University of Baltimore Law Review
No abstract provided.
Tiptoeing Through The Tulips: The Supreme Court's Major, But Modest By Comparison, Criminal Law Rulings During The 1994-95 Term, William E. Hellerstein
Tiptoeing Through The Tulips: The Supreme Court's Major, But Modest By Comparison, Criminal Law Rulings During The 1994-95 Term, William E. Hellerstein
Touro Law Review
No abstract provided.
The Clipper Chip Proposal: Deciphering The Unfounded Fears That Are Wrongfully Derailing Its Implementation, 29 J. Marshall L. Rev. 475 (1996), Howard S. Dakoff
The Clipper Chip Proposal: Deciphering The Unfounded Fears That Are Wrongfully Derailing Its Implementation, 29 J. Marshall L. Rev. 475 (1996), Howard S. Dakoff
UIC Law Review
No abstract provided.
Preface: Double Jeopardy In Washington And Beyond, Justice Philip A. Talmadge
Preface: Double Jeopardy In Washington And Beyond, Justice Philip A. Talmadge
Seattle University Law Review
The prohibition against double jeopardy is of ancient lineage in western civilization. In a ringing and scholarly dissent that rewards reflection, Justice Hugo Black said:
Fear and abhorrence of governmental power to try people twice for the same conduct is one of the oldest ideas found in western civilization. Its roots run deep into Greek and Roman times. Even in the Dark Ages, when so many other principles of justice were lost, the idea that one trial and one punishment were enough remained alive through the canon law and the teachings of the early Christian writers. By the thirteenth century …
Double Jeopardy—Civil Forfeitures And Criminal Punishment: Who Determines What Punishments Fit The Crime, Barbara A. Mack
Double Jeopardy—Civil Forfeitures And Criminal Punishment: Who Determines What Punishments Fit The Crime, Barbara A. Mack
Seattle University Law Review
This Article will attempt to distill from this confusion a meaningful double jeopardy policy, applicable to parallel civil and criminal proceedings, that takes into account the history of double jeopardy, recent changes in statutory law, and the contemporary chaotic state of parallel civil and criminal proceedings. Under current law, double jeopardy protects against three abuses: (1) a second prosecution for the same offense after acquittal, (2) a second prosecution for the same offense after conviction, and (3) multiple punishments for the same offense. This Article will show that the multiple punishments prong has little basis in law, other than reliance …
The Double Jeopardy Implications Of In Rem Forfeiture Of Crime-Related Property: The Gradual Realization Of A Constitutional Violation, Andrew L. Subin
The Double Jeopardy Implications Of In Rem Forfeiture Of Crime-Related Property: The Gradual Realization Of A Constitutional Violation, Andrew L. Subin
Seattle University Law Review
Over the past decade, the government has escalated its "war on drugs." Although the "war" has not decreased drug use or limited the availability of drugs on the street, the government continues to sacrifice the constitutional rights of its citizens in an effort to escalate the hostility. Since the "zero tolerance" policy of the Reagan Administration, the government has relied heavily on the forfeiture of property related to drug crimes as a tool to deter and punish the illegal distribution of drugs. The federal forfeiture statute, 21 U.S.C. § 881, allows the government to seize any property used to facilitate …
When The Constable Blunders: A Comparison Of The Law Of Police Interrogation In Canada And The United States, Robert Harvie, Hamar Foster
When The Constable Blunders: A Comparison Of The Law Of Police Interrogation In Canada And The United States, Robert Harvie, Hamar Foster
Seattle University Law Review
This Article explores the Supreme Court of Canada's use of the Charter of Rights and Freedoms in limiting police interrogations and compares its case decisions with cases from the Supreme Court of the United States. Part II of this Article examines the purposes and policies underlying sections 10(b), 7, and 24(2) of the Charter. Part III then examines the application of sections 10(b) and 7 in situations where (1) suspects are interrogated by uniformed police officers or other persons known to be in authority, and (2) suspects are interrogated surreptitiously by persons not known to be in authority. In both …
The Denial Of A State Constitutional Right To Bail In Juvenile Proceedings: The Need For Reassessment In Washington State, Kathleen A. Baldi
The Denial Of A State Constitutional Right To Bail In Juvenile Proceedings: The Need For Reassessment In Washington State, Kathleen A. Baldi
Seattle University Law Review
Article I, section 20 of the Washington Constitution states that "[a]ll persons charged with crimes shall be bailable by sufficient sureties, except for capital offenses when the proof is evident, or the presumption great." Despite seemingly unequivocal language that this constitutional provision is applicable to "all persons," the Washington Supreme Court, in Estes v. Hopp, declared that juveniles do not have a constitutional right to bail. The Estes court engaged in little constitutional analysis, but instead, reasoned that juvenile proceedings are civil in nature and that article 1, section 20 applies only in criminal proceedings. Central to the Estes …
The Death Penalty And The Interstate Agreement On Detainers Act: A Proposal For Change, 29 J. Marshall L. Rev. 499 (1996), Edward G. Hild
The Death Penalty And The Interstate Agreement On Detainers Act: A Proposal For Change, 29 J. Marshall L. Rev. 499 (1996), Edward G. Hild
UIC Law Review
No abstract provided.
On The Abolition Of Man: A Discussion Of The Moral And Legal Issues Surrounding The Death Penalty, Thomas J. Walsh
On The Abolition Of Man: A Discussion Of The Moral And Legal Issues Surrounding The Death Penalty, Thomas J. Walsh
Cleveland State Law Review
This article examines the moral and practical arguments supporting the death penalty in an effort to show why the United States should join other Western nations in the abolition of the death penalty. First, this article explores the historical context of the death penalty in the United States and examines the current status of constitutional doctrine on the death penalty. Next, because an analysis of the arguments for and against the death penalty are invariably charged with moral issues, an effort will be made to examine the moral aspects of the death penalty. The arguments offered in support of the …