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Criminal Law Commons

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Articles 1 - 13 of 13

Full-Text Articles in Criminal Law

Police And Thieves, Rosanna Cavallaro May 1998

Police And Thieves, Rosanna Cavallaro

Michigan Law Review

What is it about New York City that has, in the last few years, spawned a series of books attacking the criminal justice system and describing a community in which victims' needs are compelling while the rights of the accused are an impediment to justice? Why does this apocalyptic vision of the system persist, despite statistics demonstrating the sharpest decline in the city's and the nation's crime rates in decades? What explains the acute detachment from the accused that is at the core of this series of books? In Virtual Justice: The Flawed Prosecution of Crime in America, Richard Uviller …


Maintaining An Accusatorial System Of Justice: The States' Refusal To Follow The Supreme Court's Sanctioning Of Official Police Deception In Moran V. Burbine, John F. Terzano Mar 1998

Maintaining An Accusatorial System Of Justice: The States' Refusal To Follow The Supreme Court's Sanctioning Of Official Police Deception In Moran V. Burbine, John F. Terzano

University of the District of Columbia Law Review

Ours is the accusatorial as opposed to the inquisitorial system. Such has been the characteristic of Anglo-American criminal justice since it freed itself from practices borrowed by the Star Chamber from the Continent whereby an accused was interrogated in secret for hours on end. Under our system society carries the burden of proving its charge against the accused not out of his own mouth. It must establish its case, not by interrogation of the accused even under judicial safeguards, but by evidence independently secured through skillful investigation.... Protracted, systematic and uncontrolled subjection of an accused to interrogation by the police …


The District Of Columbia Revitalization Act And Criminal Justice: The Federal Government's Assault On Local Authority, Jonathan M. Smith Mar 1998

The District Of Columbia Revitalization Act And Criminal Justice: The Federal Government's Assault On Local Authority, Jonathan M. Smith

University of the District of Columbia Law Review

The District of Columbia ("the District") enjoys a unique relationship with the federal government. As a matter of Constitutional pronouncement, citizens of the District are deprived of the right to ultimate control over the content of local laws. The Constitution provides that, "[t]he Congress shall have the power ... to exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States."2 Since the District's establishment in 1791, 3 Congress has not hesitated to exercise …


Double Jeopardy, Court Of Appeals: People V. Vasquez Jan 1998

Double Jeopardy, Court Of Appeals: People V. Vasquez

Touro Law Review

No abstract provided.


Extended Jurisdiction Juvenile Prosecution: A New Approach To The Problem Of Juvenile Delinquency In Illinois, 31 J. Marshall L. Rev. 1351 (1998), Mary E. Spring Jan 1998

Extended Jurisdiction Juvenile Prosecution: A New Approach To The Problem Of Juvenile Delinquency In Illinois, 31 J. Marshall L. Rev. 1351 (1998), Mary E. Spring

UIC Law Review

No abstract provided.


Double Jeopardy, Supreme Court, Appellate Term Second Judicial Department: People V. Steele Jan 1998

Double Jeopardy, Supreme Court, Appellate Term Second Judicial Department: People V. Steele

Touro Law Review

No abstract provided.


Promoting The Intermediate Benefits Of Strict Notary Regulation, 31 J. Marshall L. Rev. 819 (1998), Nancy Perkins Spyke Jan 1998

Promoting The Intermediate Benefits Of Strict Notary Regulation, 31 J. Marshall L. Rev. 819 (1998), Nancy Perkins Spyke

UIC Law Review

No abstract provided.


Requiring A Thumbprint For Notarized Transactions: The Battle Against Document Fraud, 31 J. Marshall L. Rev. 803 (1998), Vincent J. Gnoffo Jan 1998

Requiring A Thumbprint For Notarized Transactions: The Battle Against Document Fraud, 31 J. Marshall L. Rev. 803 (1998), Vincent J. Gnoffo

UIC Law Review

No abstract provided.


Search And Seizure, Supreme Court, Appellate Division, First Department: People V. Lafontaine Jan 1998

Search And Seizure, Supreme Court, Appellate Division, First Department: People V. Lafontaine

Touro Law Review

No abstract provided.


Secret Testimony And Public Trials In New York, Randolph N. Jonakait Jan 1998

Secret Testimony And Public Trials In New York, Randolph N. Jonakait

Articles & Chapters

No abstract provided.


Self-Incrimination, Supreme Court, Suffolk County: People V. Shulman Jan 1998

Self-Incrimination, Supreme Court, Suffolk County: People V. Shulman

Touro Law Review

No abstract provided.


Modern Mail Fraud: The Restoration Of The Public/Private Distinction, John C. Coffee Jr. Jan 1998

Modern Mail Fraud: The Restoration Of The Public/Private Distinction, John C. Coffee Jr.

Faculty Scholarship

Over their long history, the mail and wire fraud statutes have gone through repeated periods of rapid expansion and contraction. The 1970s saw the flowering of the "intangible rights doctrine," an exotic flower that quickly overgrew the legal landscape in the manner of the kudzu vine until by the mid- 1980s few ethical or fiduciary breaches seemed beyond its potential reach. That doctrine was radically pruned by the Supreme Court in 1987 in the McNally decision, which held that the federal mail and wire fraud statutes reached only those schemes that intentionally sought to deprive their victims of money or …


Stealth Statute – Corruption, The Spending Power, And The Rise Of 18 U.S.C. § 666, George D. Brown Dec 1997

Stealth Statute – Corruption, The Spending Power, And The Rise Of 18 U.S.C. § 666, George D. Brown

George D. Brown

No abstract provided.