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Articles 31 - 45 of 45
Full-Text Articles in Criminal Law
Rico, Merger, And Double Jeopardy, Earle A. Partington
Rico, Merger, And Double Jeopardy, Earle A. Partington
Seattle University Law Review
This Article will examine RICO as it has been interpreted by the United States Courts of Appeals and the Supreme Court of the United States in an effort to determine the effects that merger and double jeopardy have had in the past, and should have in the future, upon RICO prosecutions. Because the doc- trines of merger and double jeopardy are criminal law principles, only the criminal aspects of RICO will be examined. Initially, this Article will explore the purpose and history of RICO and examine the doctrines of merger and double jeopardy and their application to RICO indictments and …
Fourth, Fifth, And Sixth Amendments, William E. Hellerstein
Fourth, Fifth, And Sixth Amendments, William E. Hellerstein
Touro Law Review
No abstract provided.
Criminal Procedure: Another Loophole In Miranda: The "Undercover Agent" Exception In Illinois V. Perkins, Benjamin Mccullar
Criminal Procedure: Another Loophole In Miranda: The "Undercover Agent" Exception In Illinois V. Perkins, Benjamin Mccullar
Oklahoma Law Review
No abstract provided.
Constitutional Constraints On Proving "Whodunnit?", John O. Sonsteng
Constitutional Constraints On Proving "Whodunnit?", John O. Sonsteng
Faculty Scholarship
American system places these constraints on the age old criminal law question: “WHODUNIT?” This article explores these issues.
Truth In Sentencing: Accepting Responsibility Under The United States Sentencing Guidelines, Bradford Mank
Truth In Sentencing: Accepting Responsibility Under The United States Sentencing Guidelines, Bradford Mank
Faculty Articles and Other Publications
The United States Sentencing Guidelines (hereinafter Guidelines) allow federal district courts to reduce a defendant's sentence if the defendant "clearly demonstrates a recognition and affirmative acceptance of personal responsibility for his criminal conduct .... " In United States v. Perez-Franco, the United States Court of Appeals for the First Circuit held that the above Guidelines section on acceptance of responsibility did not require a defendant to accept responsibility for charges that were to be dismissed as part of a plea agreement. The Perez-Franco decision is an affront to the fundamental principle that a defendant ought to take personal responsibility for …
The Salerno Challenge To The Bail Reform Act Of 1984, Aba Heiman
The Salerno Challenge To The Bail Reform Act Of 1984, Aba Heiman
Touro Law Review
No abstract provided.
The Testimonial Component Of The Right Against Self-Incrimination, Charles G. Geyh
The Testimonial Component Of The Right Against Self-Incrimination, Charles G. Geyh
Articles by Maurer Faculty
No abstract provided.
The Court-Ordered Predisposition Evaluation Under Washington's Juvenile Justice Act: A Violation Of The Privilege Against Self-Incrimination?—Wash. Rev. Code § 13.40, Judith H. Ramseyer
The Court-Ordered Predisposition Evaluation Under Washington's Juvenile Justice Act: A Violation Of The Privilege Against Self-Incrimination?—Wash. Rev. Code § 13.40, Judith H. Ramseyer
Seattle University Law Review
This Comment analyzes the significance of the principles animating the constitutional privilege against self-incrimination by first looking at the purposes of Washington’s Juvenile Justice Act; second, by examining the status of the privilege against self-incrimination during sentencing; and third, by applying the values protected by the privilege to the use of predisposition psychological evaluations in Washington juvenile courts.
Right Against Self-Incrimination -- "Public Safety" Exception, David C. Williams
Right Against Self-Incrimination -- "Public Safety" Exception, David C. Williams
Articles by Maurer Faculty
No abstract provided.
The Acquisition Of Evidence For Criminal Prosecution: Some Constitutional Premises And Practices In Transition, H. Richard Uviller
The Acquisition Of Evidence For Criminal Prosecution: Some Constitutional Premises And Practices In Transition, H. Richard Uviller
Vanderbilt Law Review
This Article isolates only two of the many aspects of the Court's labors affecting the acquisition of evidence for criminal prosecution. The first concerns the allocation of primacy among the values that the exclusionary response to the illegal acquisition of evidence serves: a theoretical choice that may carry some notable practical consequences. The second requires are examination of the role of the trial court in supervising the preaccusatory search for evidence in a way that suggests the possible obsolescence of the Supreme Court's ruling credo in the Stewart era.
Criminal Law–Racketeer Influence And Corrupt Organization Act–Defining Enterprise, Judy Broach Proctor
Criminal Law–Racketeer Influence And Corrupt Organization Act–Defining Enterprise, Judy Broach Proctor
University of Arkansas at Little Rock Law Review
No abstract provided.
Lurie V. Florida State Board Of Dentistry, 288 So. 2d 223 (Fla. 1973), Florida State University Law Review
Lurie V. Florida State Board Of Dentistry, 288 So. 2d 223 (Fla. 1973), Florida State University Law Review
Florida State University Law Review
Criminal Law- STATUTORY IMMUNITY- USE OF TESTIMONY PROVIDED PURSUANT TO FLORIDA IMMUNITY STATUTE PROHIBITED IN SUBSEQUENT CRIMINAL OR CIVIL PROCEEDING INITIATED AGAINST DECLARANT BY STATE.
Federal Double Jeopardy Policy, Jay A. Sigler
Federal Double Jeopardy Policy, Jay A. Sigler
Vanderbilt Law Review
The fifth amendment provision against double jeopardy is one of the basic protections afforded defendants by the United States Constitution. Its roots are found in early common law,' and the policies which it represents have been gradually defined by federal courts to meet various situations of inequality in the position of a criminal defendant confronted by federal prosecuting attorneys. Presently the double jeopardy provision is not incorporated by the fourteenth amendment as a restriction upon state action, but this condition may not prevail much longer. Should double jeopardy become incorporated into the "due process" clause of the fourteenth amendment, states …
Criminal Law - Double Jeopardy - Prior Conviction Of First Degree Murder Resulting In A Penalty Of Life Imprisonment Held To Be An Implied Acquittal Of The Death Penalty On A Retrial Secured On Defendant's Appeal. People V. Henderson (Cal. 1963), George Cory
San Diego Law Review
This recent case discusses People v. Henderson (Cal. 1963)