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Criminal Procedure Commons

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Articles 1 - 26 of 26

Full-Text Articles in Criminal Procedure

The Chesterfield/Colonial Heights Drug Court: A Partnership Between The Criminal Justice System And The Treatment Community, Hon. Frederick G. Rockwell Iii Nov 2008

The Chesterfield/Colonial Heights Drug Court: A Partnership Between The Criminal Justice System And The Treatment Community, Hon. Frederick G. Rockwell Iii

University of Richmond Law Review

No abstract provided.


Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough Nov 2008

Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough

University of Richmond Law Review

No abstract provided.


Prosecutions Under The Adam Walsh Act: Is America Keeping Its Promise?, Emily A. White Sep 2008

Prosecutions Under The Adam Walsh Act: Is America Keeping Its Promise?, Emily A. White

Washington and Lee Law Review

No abstract provided.


"The Mother Of All Balancing Tests": State V. Ariegwe And Montana's Revised Speedy Trial Analysis, Myles Braccio, Jessie Lundberg Jul 2008

"The Mother Of All Balancing Tests": State V. Ariegwe And Montana's Revised Speedy Trial Analysis, Myles Braccio, Jessie Lundberg

Montana Law Review

Right to Speedy Trial


Victims And Promise Of Remedies: International Law Fairytale Gone Bad, Sanja Djajic May 2008

Victims And Promise Of Remedies: International Law Fairytale Gone Bad, Sanja Djajic

San Diego International Law Journal

The aim of this Article is to examine such developments and the current availability of remedies for human rights violations in general. The Author will also examine the appropriateness of such remedies and opportunities to pursue them. The Article starts by identifying remedies in international law. This is followed by a case study and analysis of attempts by several national judiciaries to grapple with remedies prescribed by international law, against the background of international and national remedies. In the course of examining the reasons for an inadequate remedial structure, the Article will focus on several national cases. They will illustrate …


Retrying The Acquitted In England Part Ii: The Exception To The Rule Against Double Jeopardy For Tainted Acquittals, David S. Rudstein May 2008

Retrying The Acquitted In England Part Ii: The Exception To The Rule Against Double Jeopardy For Tainted Acquittals, David S. Rudstein

San Diego International Law Journal

Parliament enacted a statute in 1996 intended to limit the double jeopardy bar in some situations in which the defendant obtained an acquittal through improper means, thereby permitting the government to retry the person for the same offense of which he previously was tried and acquitted. The statute, part of the Criminal Procedure and Investigations Act 1996, allows a retrial when an individual's acquittal was tainted, which, under the statute, means an acquittal resulting from interference with, or intimidation of, a juror, witness, or potential witness. In allowing a retrial in such circumstances, the statute creates an exception to the …


Doubting Demaree: The Application Of Ex Post Facto Principles To The United States Sentencing Guidelines After United States V. Booker, James R. Dillon Apr 2008

Doubting Demaree: The Application Of Ex Post Facto Principles To The United States Sentencing Guidelines After United States V. Booker, James R. Dillon

West Virginia Law Review

No abstract provided.


What Is So "Grand" About The West Virginia Grand Jury System? A Desperate Need For Reform After The Duek Lacrosse Rape Scandal, Nicholas James Apr 2008

What Is So "Grand" About The West Virginia Grand Jury System? A Desperate Need For Reform After The Duek Lacrosse Rape Scandal, Nicholas James

West Virginia Law Review

No abstract provided.


Vigilant Or Vigilante? Procedure And Rationale For Immunity In Defense Of Habitation And Defense Of Property Under The Official Code Of Georgia Annotated §§ 16-3-23, -24, -24.1, And -24.2, Robert Christian Rutledge Mar 2008

Vigilant Or Vigilante? Procedure And Rationale For Immunity In Defense Of Habitation And Defense Of Property Under The Official Code Of Georgia Annotated §§ 16-3-23, -24, -24.1, And -24.2, Robert Christian Rutledge

Mercer Law Review

Georgia law provides statutory immunity for a person charged with an assault that arose in defense of property including habitation and real property. Such a defense would apply to the scenario above. The procedure for utilizing those immunities, however, is not clear in the applicable statutes, Official Code of Georgia Annotated ("O.C.G.A.") sections 16-3-23, -24, -24.1, and -24.2 (the "Immunity Statutes"), or in recent cases applying those statutes. This Article proposes a procedure for using those immunities as efficiently as possible. While seeking an efficient procedure, this Article also attempts to ascertain the rationale and policies behind the Immunity Statutes. …


No Longer A Safe Haven For Torturers: The United States Makes Its First Successful Prosecution Under The Torture Statute, Melissa A. Beckman Jan 2008

No Longer A Safe Haven For Torturers: The United States Makes Its First Successful Prosecution Under The Torture Statute, Melissa A. Beckman

Public Interest Law Reporter

No abstract provided.


Reforming The Illinois Criminal Code: Where The Clear Commission Stopped Short Of Its Goals, 41 J. Marshall L. Rev. 741 (2008), Terri L. Mascherin, Andrew Vail, Jennifer L. Dlugosz Jan 2008

Reforming The Illinois Criminal Code: Where The Clear Commission Stopped Short Of Its Goals, 41 J. Marshall L. Rev. 741 (2008), Terri L. Mascherin, Andrew Vail, Jennifer L. Dlugosz

UIC Law Review

No abstract provided.


Dedication To Professor Timothy P. O'Neill, 41 J. Marshall L. Rev. Xxv (2008), Kathryn J. Kennedy Jan 2008

Dedication To Professor Timothy P. O'Neill, 41 J. Marshall L. Rev. Xxv (2008), Kathryn J. Kennedy

UIC Law Review

No abstract provided.


"I'D Grab At Anything. And I'D Forget." Domestic Violence Victim Testimony After Davis V. Washington, 41 J. Marshall L. Rev. 937 (2008), Nancee Alexa Barth Jan 2008

"I'D Grab At Anything. And I'D Forget." Domestic Violence Victim Testimony After Davis V. Washington, 41 J. Marshall L. Rev. 937 (2008), Nancee Alexa Barth

UIC Law Review

No abstract provided.


Rehabilitating Juvenile Sex Offenders With A Life Sentence, 42 J. Marshall L. Rev. 187 (2008), Adam Doeringer Jan 2008

Rehabilitating Juvenile Sex Offenders With A Life Sentence, 42 J. Marshall L. Rev. 187 (2008), Adam Doeringer

UIC Law Review

No abstract provided.


Section 1983 Civil Rights Litigation From The October 2006 Term, Martin Schwartz Jan 2008

Section 1983 Civil Rights Litigation From The October 2006 Term, Martin Schwartz

Touro Law Review

No abstract provided.


Foreword, 41 J. Marshall L. Rev. Xxvii (2008), Nancee Alexa Barth Jan 2008

Foreword, 41 J. Marshall L. Rev. Xxvii (2008), Nancee Alexa Barth

UIC Law Review

No abstract provided.


The Mission Of The Criminal Law Edit, Alignment And Reform Commission (Clear): An Introductory Commentary, 41 J. Marshall L. Rev. 611 (2008), John Decker Jan 2008

The Mission Of The Criminal Law Edit, Alignment And Reform Commission (Clear): An Introductory Commentary, 41 J. Marshall L. Rev. 611 (2008), John Decker

UIC Law Review

No abstract provided.


Danforth, Retroactivity, And Federalism, J. Thomas Sullivan Jan 2008

Danforth, Retroactivity, And Federalism, J. Thomas Sullivan

Oklahoma Law Review

No abstract provided.


Second Degree Murder And Attempted Murder: Clear's Efforts To Maneuver The Slippery Slope, 41 J. Marshall L. Rev. 659 (2008), Michael P. Toomin Jan 2008

Second Degree Murder And Attempted Murder: Clear's Efforts To Maneuver The Slippery Slope, 41 J. Marshall L. Rev. 659 (2008), Michael P. Toomin

UIC Law Review

No abstract provided.


The Clear Initiative And Mental States: 1½ Problems Solved, 41 J. Marshall L. Rev. 701 (2008), Timothy P. O'Neill Jan 2008

The Clear Initiative And Mental States: 1½ Problems Solved, 41 J. Marshall L. Rev. 701 (2008), Timothy P. O'Neill

UIC Law Review

No abstract provided.


Presumptions, Inferences, And Strict Liability In Illinois Criminal Law: Preempting The Presumption Of Innocence?, 41 J. Marshall L. Rev. 715 (2008), Theodore A. Gottfried, Peter G. Baroni Jan 2008

Presumptions, Inferences, And Strict Liability In Illinois Criminal Law: Preempting The Presumption Of Innocence?, 41 J. Marshall L. Rev. 715 (2008), Theodore A. Gottfried, Peter G. Baroni

UIC Law Review

No abstract provided.


Criminal And Sentencing Law Review Commissions: Detached, Contemplative Decision Making On Matters Of Criminal Justice Reform, 41 J. Marshall L. Rev. 777 (2008), John J. Cullerton, Kirk W. Dillard, James B. Durkin, Robert S. Molaro, Peter G. Baroni Jan 2008

Criminal And Sentencing Law Review Commissions: Detached, Contemplative Decision Making On Matters Of Criminal Justice Reform, 41 J. Marshall L. Rev. 777 (2008), John J. Cullerton, Kirk W. Dillard, James B. Durkin, Robert S. Molaro, Peter G. Baroni

UIC Law Review

No abstract provided.


The Illinois Criminal Code Of 2009: Providing Clarity In The Law, 41 J. Marshall L. Rev. 815 (2008), Governor James R. Thompson, Justice Gino Divito, Peter G. Baroni, Kathy Saltmarsh, Daniel Mayerfeld Jan 2008

The Illinois Criminal Code Of 2009: Providing Clarity In The Law, 41 J. Marshall L. Rev. 815 (2008), Governor James R. Thompson, Justice Gino Divito, Peter G. Baroni, Kathy Saltmarsh, Daniel Mayerfeld

UIC Law Review

No abstract provided.


Nontestimonial Declarations Against Penal Interest: Eschewing The Corroboration Requirement For Inculpatory Statements, 41 J. Marshall L. Rev. 969 (2008), Michael Duffy Jan 2008

Nontestimonial Declarations Against Penal Interest: Eschewing The Corroboration Requirement For Inculpatory Statements, 41 J. Marshall L. Rev. 969 (2008), Michael Duffy

UIC Law Review

No abstract provided.


What To Do With Omar Khadr? Putting A Child Soldier On Trial: Questions Of International Law, Juvenile Justice, And Moral Culpability, 41 J. Marshall L. Rev. 1281 (2008), Christopher L. Dore Jan 2008

What To Do With Omar Khadr? Putting A Child Soldier On Trial: Questions Of International Law, Juvenile Justice, And Moral Culpability, 41 J. Marshall L. Rev. 1281 (2008), Christopher L. Dore

UIC Law Review

No abstract provided.


Roth At Fifty: Reconsidering The Common Law Antecedents Of American Obscenity Doctrine, 41 J. Marshall L. Rev. 393 (2008), James R. Alexander Jan 2008

Roth At Fifty: Reconsidering The Common Law Antecedents Of American Obscenity Doctrine, 41 J. Marshall L. Rev. 393 (2008), James R. Alexander

UIC Law Review

No abstract provided.