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Articles 1 - 30 of 32
Full-Text Articles in Criminal Law
Michigan V. Defillippo, Lewis F. Powell Jr.
Michigan V. Defillippo, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Dunaway V. New York, Lewis F. Powell Jr.
Dunaway V. New York, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Duren V. Missouri, Lewis F. Powell Jr.
Smith V. Maryland, Lewis F. Powell Jr.
Parker V. Randolph, Lewis F. Powell Jr.
Parker V. Randolph, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Truth By Ordeal: The Growing Acceptance Of Polygraphy, William E. Ploss
Truth By Ordeal: The Growing Acceptance Of Polygraphy, William E. Ploss
Florida State University Law Review
No abstract provided.
Calculation Of Time Credits For Texas Prisoners., Deborah A. Becker
Calculation Of Time Credits For Texas Prisoners., Deborah A. Becker
St. Mary's Law Journal
Abstract Forthcoming.
An End To Ransom: The Case For Amending The Bail Provision Of The Florida Constitution, Bennett H. Brummer, Bruce S. Rogow
An End To Ransom: The Case For Amending The Bail Provision Of The Florida Constitution, Bennett H. Brummer, Bruce S. Rogow
Florida State University Law Review
No abstract provided.
A Step Toward Uniformity: Review Of Life Sentences In Capital Cases, Ron Bergwerk
A Step Toward Uniformity: Review Of Life Sentences In Capital Cases, Ron Bergwerk
Florida State University Law Review
No abstract provided.
Particularity And Precision In Texas Indictments And Informations: What Is Fundamental Defect., David Weiner
Particularity And Precision In Texas Indictments And Informations: What Is Fundamental Defect., David Weiner
St. Mary's Law Journal
Abstract Forthcoming.
Due Process Not Violated When Prosecutor Carries Out Threat To Reindict Accused On More Serious Charges After Plea Bargain On Original Charge Is Refused., Mary Byrd Hover
Due Process Not Violated When Prosecutor Carries Out Threat To Reindict Accused On More Serious Charges After Plea Bargain On Original Charge Is Refused., Mary Byrd Hover
St. Mary's Law Journal
Abstract Forthcoming.
Reflections On Opposing The Penalty Of Death., Charles L. Black Jr.
Reflections On Opposing The Penalty Of Death., Charles L. Black Jr.
St. Mary's Law Journal
Abstract Forthcoming.
Improving Police Discretion: Rationality In Handling Public Inebriates Part Ii, David Aaronson , C. Dienes, Michael Musheno
Improving Police Discretion: Rationality In Handling Public Inebriates Part Ii, David Aaronson , C. Dienes, Michael Musheno
Articles in Law Reviews & Other Academic Journals
In 1913 Eugene Ehrlich spoke of the living law when he stated that "[a]t the present as well as at any other time, the center of gravity of legal development lies not in legislation, nor in juristic science, nor in judicial decision, but in society itself.' This article is premised on the belief that Ehrlich's perception is as valid today as it was then. If you want to know the law relating to public intoxication you cannot be content with the statutes and ordinances, in the court decisions nor even the administrative rules and regulations of those charged with enforcing …
Bordenkircher V. Hayes: Ignoring Prosecutorial Abuses In Plea Bargaining, Stephen F. Ross
Bordenkircher V. Hayes: Ignoring Prosecutorial Abuses In Plea Bargaining, Stephen F. Ross
Journal Articles
In Bordenkircher v. Hayes, the United States Supreme Court upheld a conviction on a charge the prosecutor admittedly filed solely because the defendant refused to plead guilty to another set of charges. Hayes is a sudden departure from a line of cases in which the Court refused to allow prosecutorial charging decisions to be made to discourage a criminal defendant from exercising constitutional or procedural rights. The decision effectively removes plea bargaining from its constitutional premise: the "mutuality of advantage" between the prosecutor and the defendant. Rather than approving the broad exercise of prosecutorial discretion in plea negotiations, the …
Criminal Procedure - Due Process Is Not Violated When Prosecutor Carries Out Threat To Bring Increased Charges After Defendant Refuses To Plead Guilty During Plea Bargaining Session, Catherine N. Jasons
Criminal Procedure - Due Process Is Not Violated When Prosecutor Carries Out Threat To Bring Increased Charges After Defendant Refuses To Plead Guilty During Plea Bargaining Session, Catherine N. Jasons
Villanova Law Review
No abstract provided.
Collateral Attacks On Convictions: A Survey Of Federal Remedies, 12 J. Marshall J. Prac. & Proc. 27 (1978), Martha A. Mills, Sue A. Herrmann
Collateral Attacks On Convictions: A Survey Of Federal Remedies, 12 J. Marshall J. Prac. & Proc. 27 (1978), Martha A. Mills, Sue A. Herrmann
UIC Law Review
No abstract provided.
Prison Inmate Marriages: A Survey And A Proposal, Jackson M. Bruce, John M. Claytor, Herman C. Daniel Iii
Prison Inmate Marriages: A Survey And A Proposal, Jackson M. Bruce, John M. Claytor, Herman C. Daniel Iii
University of Richmond Law Review
This comment explores one facet of the issue of inmate civil rights: the right to marry. An analysis will be made of the current situation nationwide with particular emphasis on Virginia, including proposed guidelines for Virginia's Department of Corrections that reflect the current national trend with regard to inmate marriages.
Pretrial Discovery And Inspection - New Criminal Rules For Pennsylvania, Madeline Hartsell Lamb
Pretrial Discovery And Inspection - New Criminal Rules For Pennsylvania, Madeline Hartsell Lamb
Villanova Law Review
No abstract provided.
Theory And Reform Of Criminal Law, Jerome Hall
Theory And Reform Of Criminal Law, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Postconviction Habeas Corpus Relief In Georgia: A Decade After The Habeas Corpus Act, Donald E. Wilkes Jr.
Postconviction Habeas Corpus Relief In Georgia: A Decade After The Habeas Corpus Act, Donald E. Wilkes Jr.
Scholarly Works
Part II of this Article will highlight the grounds for relief from a conviction or sentence that were available to a Georgia prisoner prior to 1967 and the procedural obstacles to relief that existed. Part III will explore the grounds for relief currently available, and Part IV will examine the procedural obstacles to postconviction relief that remain. Part V will briefly summarize the availability of postconfiction relief in federal court to determine whether the 1967 Act has in fact eliminated the friction between the state courts and the federal courts.
Presuming Lawyers Competent To Protect Fundamental Rights: Is It An Affordable Fiction?, Robert G. Lawson
Presuming Lawyers Competent To Protect Fundamental Rights: Is It An Affordable Fiction?, Robert G. Lawson
Law Faculty Scholarly Articles
This article explores the ramifications of Wainwright v. Sykes, a case decided before the Supreme Court of the United States in 1977. The broad question before the Court in Sykes concerned the extent to which state prisoners should have access to federal court by use of the writ of habeas corpus. The narrow issue before the Court concerned the impact on a prisoner's claim for habeas relief of procedural defaults (such as a failure to object to evidence, a failure to perfect an appeal, etc.) that occur in the state proceeding under attack. In considering these important issues Justice …
Why Do We Punish?: The Case For Retributive Justice, Joseph Weiler
Why Do We Punish?: The Case For Retributive Justice, Joseph Weiler
All Faculty Publications
The never-ending debate about the substantive and procedural rules in our criminal justice system rarely addresses itself to the most fundamental question- why do we punish at all? The answer to this threshold question has traditionally taken one of two lines, retributionist or utilitarian. On the one hand, there is the view that punishment of the morally derelict is its own justification for it is right for the wicked to be punished. This imperative flows from a view of the very nature of man as a responsible moral agent to whom rewards or punishment should be assessed according to the …
A Trial Court Working With Rule 1100, Merna B. Marshall, Joseph H. Reiter
A Trial Court Working With Rule 1100, Merna B. Marshall, Joseph H. Reiter
Villanova Law Review
No abstract provided.
Sentencing In Indiana: Appellate Review Of The Trial Court's Discretion, John Eric Smithburn
Sentencing In Indiana: Appellate Review Of The Trial Court's Discretion, John Eric Smithburn
Journal Articles
Two significant developments, legislative and judicial, have taken place in Indiana criminal law in recent months which may offer an effective response to the problem of unguided discretionary sentencing. The Indiana Penal Code has been revised to require that the trial court, before sentencing a convicted felon, conduct a separate hearing for the purpose of determining the appropriate sentence and to make a record of the hearing which must include a statement of the court's reasons for selecting the sentence imposed. The General Assembly has also provided specific directives which the trial court must consider in determining a proper sentence …
Changing The Public Drunkenness Laws: The Impact Of Decriminalization, David Aaronson
Changing The Public Drunkenness Laws: The Impact Of Decriminalization, David Aaronson
Articles in Law Reviews & Other Academic Journals
Laws that decriminalize public drunkenness continue to use the police as the major intake agent for public inebriates under the "new" public health model of detoxification and treatment. Assuming that decriminalization introduces many disincentives to police intervention using legally sanctioned procedures, we hypothesize that it will be fol- lowed by a statistically significant decline in the number of public inebriates formally handled by the police in the manner designated by the "law in the books." Using an "interrupted time-series quasi- experiment" based on a "stratified multiple-group single-I design," we confirm this hypothesis for Washington, D.C., and Minneapolis, Minnesota. However, through …
Improving Police Discretion Rationality In Handling Public Inebriates Part Ii, David Aaronson
Improving Police Discretion Rationality In Handling Public Inebriates Part Ii, David Aaronson
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Repressed Issues Of Sentencing: Accountability, Predictability, And Equality In The Era Of The Sentencing Commission, John C. Coffee Jr.
The Repressed Issues Of Sentencing: Accountability, Predictability, And Equality In The Era Of The Sentencing Commission, John C. Coffee Jr.
Faculty Scholarship
The existence of disparities in the sentences imposed on equally culpable offenders has long been a subject of jurisprudential concern. The author provides a critique of recent efforts to objectify the sentencing process that rely on a matrix table prescribing guideline sentence lengths on the basis of offense severity and predictions of recidivism. With particular emphasis on the Sentencing Commission authorized by pending federal legislation, he urges the need for political accountability in the body that inevitably makes value judgments in the preparation and administration of such a guideline system. Finally, the author discusses the normative issues that surround the …
Federal Habeas Corpus And Ineffective Representation Of Counsel: The Supreme Court Has Work To Do, Peter W. Tague
Federal Habeas Corpus And Ineffective Representation Of Counsel: The Supreme Court Has Work To Do, Peter W. Tague
Georgetown Law Faculty Publications and Other Works
The availability of federal habeas corpus relief for state criminal defendants has always borne a complex relationship to state rules barring defendants from litigating constitutional claims in state court because of procedural defaults in raising those claims. The Warren Court's landmark attempt to resolve this relationship was the 1963 decision in Fay v. Noia, which asserted that a state procedural forfeiture rule could not bar federal habeas review of a constitutional claim unless the defendant had "deliberately bypassed" the procedural opportunity to raise the claim; the Court defined "deliberate bypass" in terms of a defendant's intentional and voluntary relinquishment of …
The Negotiated Guilty Plea: A Framework For Analysis, Richard Adelstein
The Negotiated Guilty Plea: A Framework For Analysis, Richard Adelstein
Richard Adelstein
An early exposition of the price exaction framework and the place of plea bargaining in it.