Digital Commons Network^™

Criminal Law - Homicide - Self-Defense - The Duty To Retreat, J. Kerry Lewis

Duquesne Law Review

The Pennsylvania Supreme Court extended the no-retreat dwelling house exception to the self-defense rule by holding that a person in his place of business may lawfully resist an intruder with the use of deadly force even though a way of escape is available.

Commonwealth v. Johnston, 438 Pa. 485, 263 A.2d 376 (1970).

Commonwealth v. Johnston' is an innovative decision which limits the duty to retreat in cases of self-defense. The facts of the case are simple. The defendant Johnston shot and killed a man named Pittman while Pittman was on defendant's business premises as a social guest.

The Sex Offender Provisions Of The Proposed New Maryland Criminal Code: Should Private, Consenting Adult Homosexual Behavior Be Excluded?, Robert G. Fisher

Maryland Law Review

No abstract provided.

An Introduction To Riot Legislation, Jerold H. Israel

Book Chapters

My speech will provide an introduction to criminal code legislation specifically pertaining to riots and a brief description of our recent experience with riots. Hopefully, this description, supplemented by the film on the Detroit riot, will provide an appropriate factual background for both the remainder of my own talk and the analyses of proper police procedures during riots (and other civil disorders) to be presented by Major Brown and Professor Martin.

When The Cops Were Not 'Handcuffed', Yale Kamisar

Book Chapters

Are we losing the war against crime? Is the public getting a fair break? Has the pendulum swung too far to the left? Do the victims of crime have some rights, too? Are the courts handcuffing the police?

If there were a hit parade for newspaper and magazine articles, speeches and panel discussions, these questions would rank high on the list. Not only are they being raised with increasing frequency, but they are being debated with growing fury.

Last year, probably the most famous police chief in the United States, William H. Parker of Los Angeles, protested that American police …

Criminal Law Revision In Kentucky: Part Ii—Inchoate Crimes, Robert G. Lawson

Law Faculty Scholarly Articles

Kentucky, like other jurisdictions, imposes criminal sanctions for conduct that is designed to achieve a criminal result but fails for some reason to accomplish its anti-social objective. Such conduct is punishable, if at all, as criminal attempt, criminal conspiracy, or criminal solicitation. In looking toward revision, attention should be focused initially upon the objectives to be promoted by classifying unsuccessful, anti-social conduct as criminal behavior.

First: There is obviously need for a firm basis for the intervention of law enforcement agencies to prevent a person dedicated to the commission of a crime from consummating it. In determining that basis, attention …

Some Observations On Waiver In Indiana Criminal Appeals: The Substantial Re-Adoption Of Rule 1-14b In Trial Rule 59, Francis X. Mccloskey

Indiana Law Journal

No abstract provided.

Is Violence An "American" Nightmare?, Morris D. Forkosch

Georgia Law Review

HAVE civil disobedience and violence of all kinds in the United States crested, so that a decline appears in the offing? Does the mood of the country's college presidents and deans, that they can now deal with the student upheavals of the past few years, truly reflect not only their own campus situations but also the general picture in this country? Or is this mood a chimera: is optimism unfounded and continued violence to be expected because Western democracy was molded by violence, the United States was founded in violence, and man is by nature a violent creature? And even …

Escapes Of Psychiatric Offenders, William R. Morrow

Journal of Criminal Law and Criminology

No abstract provided.

The Natural History Of An Inmate Community In A Maximum Security Prison, Peter G. Garabedian

Journal of Criminal Law and Criminology

No abstract provided.

O'Callahan V. Parker, 395 U.S. 258 (1969): New Limitation On Court-Martial Jurisdiction

Journal of Criminal Law and Criminology

No abstract provided.

The Nalline Test I--Development And Implementation, Stanley E. Grupp

Journal of Criminal Law and Criminology

No abstract provided.

Police Science Book Reviews

Journal of Criminal Law and Criminology

No abstract provided.

Discovery In The Criminal Process, Jerry E. Norton

Journal of Criminal Law and Criminology

No abstract provided.

The New American University, Philip B. Kurland

Journal of Criminal Law and Criminology

No abstract provided.

The Trial Judge's Guide To News Reporting And Fair Trial , Bernard S. Meyer

Journal of Criminal Law and Criminology

No abstract provided.

Criminal Law Revision In Kentucky: Part I—Homicide And Assault, Robert G. Lawson

Law Faculty Scholarly Articles

At the present time the Kentucky Commission on Law Enforcement and Crime Prevention and the Legislative Research Commission are jointly engaged in a project designed to revise the state's substantive criminal law. This effort is justifiable only if the existing law is defective and the "revision will result in significant improvement in [criminal law] administration." A cursory examination of the criminal statutes, with no reference to case law, leaves not the slightest doubt as to the need for revision. Until now no major attempt at revision has ever been undertaken in this state. As a consequence, the statutes are devoid …

Religious Freedom In The Correctional Institution, Daniel P. King

Journal of Criminal Law and Criminology

No abstract provided.

Anomie, Powerlessness, And Police Interrogation, Leonard Zeitz, Richard J. Medalie, Paul Alexander

Journal of Criminal Law and Criminology

No abstract provided.

The Functional Interdependence Of Crime And Community Social Structure, Ernest K. Alix

Journal of Criminal Law and Criminology

No abstract provided.

Resolution Of Binocular Rivalry As A Means Of Identifying Violence-Prone Offenders, Theodore R. Sarbin, Ernst A. Wenk

Journal of Criminal Law and Criminology

No abstract provided.

Application Of Configurational Analysis To The Recidivism Of Juvenile Delinquent Behavior, An , Charles M. Unkovic, William J. Ducsay

Journal of Criminal Law and Criminology

No abstract provided.

Euthanasia: None Dare Call It Murder, Joseph Sanders

Journal of Criminal Law and Criminology

No abstract provided.

Capital Punishment Controversy, The , William O. Jr. Hochkammer

Journal of Criminal Law and Criminology

No abstract provided.

Case Notes

Journal of Criminal Law and Criminology

No abstract provided.

Warrants Upon Warrants: The Pen Register And Probable Cause Under Omnibus Crime Control , George V. Higgins

Journal of Criminal Law and Criminology

No abstract provided.

Retroactivity Should Be Rethought: A Call For The End Of The Linkletter Doctrine , James B. Haddad

Journal of Criminal Law and Criminology

No abstract provided.

Discretionary Power And Procedural Rights In The Granting And Revoking Of Probation , Joel Bassett

Journal of Criminal Law and Criminology

No abstract provided.

The Supreme Court And The Fourth Amendment October, 1968, Term, Leonard Singer, Robert A. Filpi, Bradford J. Race

Journal of Criminal Law and Criminology

No abstract provided.

Book Reviews

Journal of Criminal Law and Criminology

No abstract provided.

Blood Tests At The Scene Of Crime , Shariq Alavi, O. P. M. Tripathi

Journal of Criminal Law and Criminology

No abstract provided.