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Articles 20371 - 20400 of 27328
Full-Text Articles in Criminal Law
Parole Revocation And The Right To Counsel, Paul W. Grimm
Parole Revocation And The Right To Counsel, Paul W. Grimm
Faculty Scholarship
No abstract provided.
The Victim's Role In Criminal Prosecutions In Ethiopia, Stanley Z. Fisher
The Victim's Role In Criminal Prosecutions In Ethiopia, Stanley Z. Fisher
Faculty Scholarship
The purpose of this paper is to review developments which have occurred in the victim’s role in criminal prosecutions under Ethiopian law. In contrast to the penal laws of modern Western states, which define a wide range of wrongful conduct as offensive to the state itself, the traditional Ethiopian law of wrongs viewed relatively few offenses thus. For the most part, the state confined itself to legitimating and assisting the victim’s own efforts to obtain redress.
The Future Of Sentencing Reform: Emerging Legal Issues In The Individualization Of Justice, John C. Coffee Jr.
The Future Of Sentencing Reform: Emerging Legal Issues In The Individualization Of Justice, John C. Coffee Jr.
Faculty Scholarship
The dilemma of the American sentencing judge is qualitatively unique. Because our system of criminal justice has embraced to a degree unequaled elsewhere the rehabilitative ideal that punishment should fit not the crime, but the particular criminal, the sentencing judge must labor to fulfill the dual and sometimes conflicting roles of judge and clinician. Entrusted with enormous discretion, he is expected to "individualize" the sentence he imposes to suit the character, social history, and potential for recidivism of the offender before him. Yet, because of the general absence in our Sentencing Reform system of meaningful procedures for the appellate review …
The Right Deed For The Wrong Reason: A Reply To Mr. Robinson, George P. Fletcher
The Right Deed For The Wrong Reason: A Reply To Mr. Robinson, George P. Fletcher
Faculty Scholarship
So far as there is a school of criminal theory in the United States, it is a school devoted to sifting and celebrating the purposes of the criminal law. Discussions in the literature are dominated by endless recitals of the deterrent, rehabilitative and retributive functions of criminal sanctions. The orthodox view is that all of these purposes are relevant and that any proposed rule of criminal law must be measured by its tendency to further one or all of these goals. If the issue is punishing negligence, for example, the standard mode of analysis is to ask whether punishing negligent …
The Negotiated Guilty Plea: A Framework For Analysis, Richard Adelstein
The Negotiated Guilty Plea: A Framework For Analysis, Richard Adelstein
Richard Adelstein
My dissertation of 1975, published by Garland Publishing in their series Outstanding Dissertations in Economics, 1984
11-19-1974 Justice Rehnquist, Per Curiam, William H. Rehnquist
11-19-1974 Justice Rehnquist, Per Curiam, William H. Rehnquist
Francisco v. Gathright, 419 U.S. 59 (1974)
Petitioner was convicted in a Virginia state of court of possession of heroin with intent to distribute, and was sentenced to eight years in prison. The Supreme Court of Virgina denied review and affirmed the conviction by order, and petitioner then sought federal habeas in the United States District Court for the Eastern District of Virginia.
11-14-1974 Correspondence From Marshall To Rehnquist, Thurgood Marshall
11-14-1974 Correspondence From Marshall To Rehnquist, Thurgood Marshall
Francisco v. Gathright, 419 U.S. 59 (1974)
Dear Bill:
Please join me in your opinion in this case.
11-05-1974 Correspondence From Powell To Rehnquist, Lewis F. Powell
11-05-1974 Correspondence From Powell To Rehnquist, Lewis F. Powell
Francisco v. Gathright, 419 U.S. 59 (1974)
Dear Bill:
Please join me.
11-04-1974 Correspondence From Blackmun To Rehnquist, Harry A. Blackmun
11-04-1974 Correspondence From Blackmun To Rehnquist, Harry A. Blackmun
Francisco v. Gathright, 419 U.S. 59 (1974)
Dear Bill:
I am glad to join the per curiam you have prepared for this case.
11-04-1974 Justice Rehnquist, Per Curiam, William H. Rehnquist
11-04-1974 Justice Rehnquist, Per Curiam, William H. Rehnquist
Francisco v. Gathright, 419 U.S. 59 (1974)
Petitioner was convicted in a Virginia state court of possession of heroin with intent to distribute, and was sentenced to eight years in prison. The Supreme Court of Virginia denied review and affirmed the conviction by order, and petitioner then sought federal habeas in the United States District Court for the Eastern District of Virginia.
11-04-1974 Correspondence From Douglas To Rehnquist, William O. Douglas
11-04-1974 Correspondence From Douglas To Rehnquist, William O. Douglas
Francisco v. Gathright, 419 U.S. 59 (1974)
Dear Bill:
I agreed once with your opinion in 73-5768, FRANCISCO v. GATHRIGHT. I regret only that you made it a per curiam. I hope you change your mind on that.
11-01-1974 Correspondence From Brennan To Rehnquist, William J. Brennan
11-01-1974 Correspondence From Brennan To Rehnquist, William J. Brennan
Francisco v. Gathright, 419 U.S. 59 (1974)
Dear Bill:
I agree, but think it should be a signed opinion.
11-01-1974 Correspondence From Stewart To Rehnquist, Potter Stewart
11-01-1974 Correspondence From Stewart To Rehnquist, Potter Stewart
Francisco v. Gathright, 419 U.S. 59 (1974)
Dear Bill,
I agree with the Per Curiam you have circulated in this case.
10-31-74 Preliminary Memorandum, Richard Blumenthal
10-31-74 Preliminary Memorandum, Richard Blumenthal
Francisco v. Gathright, 419 U.S. 59 (1974)
The opinion seems fine, except that it does not make the point that you considered significant with respect to the effects of counsel's tactics on his client. Whether a footnote (possibly an addition to n.6) would be appropriate, I don't know. It might read: "Petitioner's claims, whatever their merit, might have been vindicated more speedily if he had sought habeas relief in the state courts rather than following the federal route.But the wisdom of that choice, whether made by him or his counsel, is not part of this case." I would recommend against including it, however.
10-31-1974 Correspondence From Rehnquist To Burger, William H. Rehnquist
10-31-1974 Correspondence From Rehnquist To Burger, William H. Rehnquist
Francisco v. Gathright, 419 U.S. 59 (1974)
Dear Chief:
Although your assignment of this case to me indicated that you had tentatively determined it should be a signed opinion, the attached draft has at least the virtue of brevity, and makes little new law. I therefore suggest that if the draft becomes an opinion of the Court, it should be a per curiam rather than a signed opinion.
10-18-1974 Notes From Oral Argument, Harry A. Blackmun
10-18-1974 Notes From Oral Argument, Harry A. Blackmun
Francisco v. Gathright, 419 U.S. 59 (1974)
The opinions of all of the Justices are recorded.
10-15-1974 Notes From Oral Argument, Harry A. Blackmun
10-15-1974 Notes From Oral Argument, Harry A. Blackmun
Francisco v. Gathright, 419 U.S. 59 (1974)
Harry A. Blackmun's handwritten notes.
A Look At Florida's Proposed Code Of Evidence, Charles W. Ehrhardt
A Look At Florida's Proposed Code Of Evidence, Charles W. Ehrhardt
Scholarly Publications
The law of evidence had been codified in three states, California, New Jersey and Kansas, prior to the United States Supreme Court's promulgation of the Proposed Federal Rules of Evidence. The submission of the rules to the Congress, and their approval, as amended, by the House of Representatives served as the catalyst for renewed interest in evidence codification. Three states have recently adopted comprehensive Rules of Evidence that closely parallel the Proposed Federal Rules, and at least four other states, including Florida, have drafted or are actively considering the adoption of such a codification. During the 1974 session of the …
State V. Dix: Common Law Kidnapping Requires A Substantial Asportation And An Increased Risk Of Harm, North Carolina Central Law Review
State V. Dix: Common Law Kidnapping Requires A Substantial Asportation And An Increased Risk Of Harm, North Carolina Central Law Review
North Carolina Central Law Review
No abstract provided.
Who Is A Victim, Graham Hughes
Who Is A Victim, Graham Hughes
Dalhousie Law Journal
It is fashionable these days to talk of "victimless crimes", but the phrase can be dangerous for it may lead us with deceptive simplicity around problems which deserve to be squarely faced. If everyone agreed that an offense was truly without any discernible victim, then arguments for its retention would be hard to imagine. But the disagreement is really about whether in particular cases we can convincingly identify victims who may legitimately claim protection. The primitive model of the victim is the individual human being who is knocked on the head or whose goods are stolen. Other candidates for the …
Mullaney V. Wilbur, Lewis F. Powell Jr.
Mullaney V. Wilbur, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
United States V. Nobles, Lewis F. Powell Jr.
United States V. Nobles, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Manes V. Meyers, Lewis F. Powell Jr.
Oregon V. Hass, Lewis F. Powell Jr.
United States V. Nixon, Lewis F. Powell Jr.
United States V. Nixon, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Gerstein V. Pugh, Lewis F. Powell Jr.
Attempts In English Criminal Law, Jennifer Temkin, Graham Zellick
Attempts In English Criminal Law, Jennifer Temkin, Graham Zellick
Dalhousie Law Journal
There has been no lack of attention paid to the intractable problems surrounding the law of attempt. Interest in them has been revived in England by the publication of the Law Commission's Working Paper on Inchoate Offences' and by the decision of the House of Lords in R. v. Smith. As these are difficulties common to all common law jurisdictions, Canadian lawyers may be interested to learn of these recent developments. It is proposed to concentrate here on two main issues: first, what conduct constitutes an attempt and secondly, the question of impossibility. Both are discussed in the working paper; …
Contemporary Punishment: Views, Explanations And Justification, Innis Christie
Contemporary Punishment: Views, Explanations And Justification, Innis Christie
Dalhousie Law Journal
This is an anthology of readings, mostly well-known ones by wellknown contemporary authors, on the aims and justifications of criminal sanctions and limitations on their operation. One of the editors is an assistant professor of philosophy and law at the University of Notre Dame and the other is an associate professor of criminal justice at the University of Illinois. They were encouraged to make the collection by the well-known criminologist, Norval Morris, who contributes a short foreword in which he says that "It will be of use to student, scholar and all practitioners in the criminal justice system who care …
Child Neglect Proceedings-A New Focus, Ellen K. Thomas
Child Neglect Proceedings-A New Focus, Ellen K. Thomas
Indiana Law Journal
No abstract provided.
Notes Toward A History Of American Justice, Lawrence M. Friedman
Notes Toward A History Of American Justice, Lawrence M. Friedman
Buffalo Law Review
Adapted from the Mitchell lecture delivered by the author at the State University of New York at Buffalo School of Law on October 17, 1973