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Faculty Articles

1973

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Full-Text Articles in Courts

Victimless Crimes: A Proposal To Free The Courts, Robert C. Boruchowitz Jan 1973

Victimless Crimes: A Proposal To Free The Courts, Robert C. Boruchowitz

Faculty Articles

Victimless "crimes"—acts that are presently outside the law but which have no readily identifiable victim—account for almost half of the cases handled by United States courts. They include behavior which may reflect illness and which requires medical and therapeutic attention (such as drunkenness), as well as behavior condemned as varying from moral or social standards and leading to harmful behavior (such as vagrancy and curfew violations). If the burden of regulating this type of behavior were removed from the criminal justice system, perhaps one half of the courts' current case load could be eliminated. Furthermore, persons caught in deviant conduct …


Mental Commitment Cases Of 1971 Supreme Court Term, Ken Wing, R. Carman Jan 1973

Mental Commitment Cases Of 1971 Supreme Court Term, Ken Wing, R. Carman

Faculty Articles

Even in areas where legal representation has become available to the poor through the efforts of Legal Services programs, there is still one group that is almost universally denied representation: those confined under the various forms of civil commitment and patients in mental health institutions. Almost by definition in need of legal counsel and predictably indigent, they are faced with interpersonal and institutional barriers that further reduce their chances to obtain representation. It is the position of the National Health Law Program that Legal Services programs throughout the country should focus some of their attention towards this portion of their …


Policy, Privacy, And Prerogatives: A Critical Examination Of The Proposed Federal Rules Of Evidence As They Affect Marital Privilege, Mark Reutlinger Jan 1973

Policy, Privacy, And Prerogatives: A Critical Examination Of The Proposed Federal Rules Of Evidence As They Affect Marital Privilege, Mark Reutlinger

Faculty Articles

This article examines all aspects of proposed federal rules of evidence affecting marital privilege in the United States. It also provides an explanation of the reasons advanced by the Advisory Committee for abolition of martial and other state-created privileges; Common law origins of marital privilege.