Criminal Law Commons^™

Eighth Amendment--The Death Penalty And Vicarious Felony Murder: Nontriggerman May Not Be Executed Absent A Finding Of An Intent To Kill, John H. Wickert

Journal of Criminal Law and Criminology

No abstract provided.

Habeas Corpus--Limiting The Availability Of Habeas Corpus After A Procedural Default, Thomas J. Bamonte

Journal of Criminal Law and Criminology

No abstract provided.

Federal Youth Corrections Act--Yca Treatment Not Required During Unexpired Term Of Yca Inmate Sentenced To Consecutive Adult Term, Linda Mar

Journal of Criminal Law and Criminology

No abstract provided.

Serious Habitual Property Offender As Moonlighter: An Empirical Study Of Labor Force Participation Among Robbers And Burglars, Harold R. Holzman

Journal of Criminal Law and Criminology

No abstract provided.

The Assassination Attempt, Yale Kamisar

Articles

From the moment the would-be assassin opened fire until many days after he was found not guilty by reaaon of insanity, the press was fascinated by the case. The very same day that it reported the assassination attempt "in the open street, and in the broad face of day," the Times considered but quickly dismissed the possibility of insanity: "The defndant's purpose was carried out with the most cold-blooded determination. . . . His demeanor throughout was cool and collected, nor did there appear any evidence of insanity." When, several days later, it became plain that the defendant was indeed …

The Case For Treason, George P. Fletcher

Faculty Scholarship

"If this be treason, make the most of it." Patrick Henry had no fear of the ultimate crime against his King. Nor did the burghers of Maryland who set ablaze the Peggy Stewart in Annapolis Harbor. One would think that for us as Americans the crime of treason would carry special significance. Our nation was born in acts of treason. The threat of prosecution made the crime foremost in the mind of the constitutional draftsmen. Indeed, treason is the only crime to find definition in our basic document.

There are other indications that the crime of treason is central to …

Failed Explanations And Criminal Responsibility: Experts And The Unconscious, Stephen J. Morse

All Faculty Scholarship

No abstract provided.

Survey Of Developments In West Virginia Law: 1981

West Virginia Law Review

No abstract provided.

White-Collar Crime, White-Collar Time: The Sentencing Of White-Collar Offenders In The Southern District Of New York, Ilene H. Nagel, John L. Hagan

Articles by Maurer Faculty

In this Article, Professors Hagan and Nagel report upon their study of sentencing patterns in white-collar cases tried in the Southern District of New York between 1963 and 1976. Using multiple regression analysis, the authors first demonstrate a strong correlation between lenient sentencing practices and white-collar offenses. The authors then focus their study upon various white-collar crimes, using multiple regression analysis to reveal that considerable variation exists between sentencing patterns for the different white-collar offenses and for the different types of defendants sentenced in the Southern District during the period under study.

Testimonial Immunity And The Privilege Against Self-Incrimination: A Study In Isomorphism, Peter Lushing

Articles

This Article accepts and will develop the Court's isomorphic theory of immunity and privilege, and will show why Portash is nonetheless correct in result. A case for a broadened view of the privilege, partially because of the availability of testimonial immunity, will be made. Apftlbaum will be shown to be incorrect in result. This Article will also analyze the problem of immunized testimony and perjury by inconsistent statement, a problem faced once by the Court but left unresolved. Finally, this Article will discuss the constitutional requirements of an immunity statute, and consider an immunity case presently pending before the Supreme …

The Expanding Right To Counsel In New York, Debra M. Zverins

Fordham Urban Law Journal

A series of recent New York Court of Appeals decisions have upheld the right of a criminal suspect to have the assistance of an attorney at every stage of legal proceedings against him. This approach is considered by some to be problematic, imposing onerous burdens on police which impede effective law enforcement. This Note discusses the criminal defendant's pre-trial right to counsel in New York. Section II outlines the historical development of this fundamental right. Judicial expansions of the pre-trial right to counsel, including the People v. Bartolomeo decision, are analyzed in Section III with a view toward their effect …

Probable Cause Based On Inaccurate Computer Information: Taking Judicial Notice Of Ncic Operating Policies And Procedures, Patrick Hand

Fordham Urban Law Journal

The National Crime Information Center (NCIC) is the most comprehensive computerized system for storing criminal justice information. It is managed by the FBI, but is used at the federal, state, and local level as an investigative tool. The use of computerized criminal information has raised questions in cases where an arrest was made relying on computer information which later proved to have been inaccurate. This Note discusses the fourth amendment implications of arrest based on inaccurate computer information and articulates the circumstances under which such an arrest should be upheld. NCIC safeguards are discussed and it is recommended that the …

Legal Aspects Of Prison Riots, Ira P. Robbins

Ira P. Robbins