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Articles 2701 - 2730 of 3269
Full-Text Articles in Entire DC Network
Despair And Disparity In Florida's Prisons And Jails, Leslei G. Street
Despair And Disparity In Florida's Prisons And Jails, Leslei G. Street
Florida State University Law Review
No abstract provided.
Prison Overcrowding -- The Time For Policy Change Has Come!, Charles M. Harris, Jr.
Prison Overcrowding -- The Time For Policy Change Has Come!, Charles M. Harris, Jr.
Florida State University Law Review
No abstract provided.
Horton V. California: The Plain View Doctrine Loses Its Inadvertency, 24 J. Marshall L. Rev. 891 (1991), John A. Mack
Horton V. California: The Plain View Doctrine Loses Its Inadvertency, 24 J. Marshall L. Rev. 891 (1991), John A. Mack
UIC 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.
Uniform Controlled Substances Act Of 1990, Richard L. Braun
Uniform Controlled Substances Act Of 1990, Richard L. Braun
Campbell Law Review
No abstract provided.
Brock V. State: The Aids Virus As A Deadly Weapon, 24 J. Marshall L. Rev. 677 (1991), Timothy P. Martin
Brock V. State: The Aids Virus As A Deadly Weapon, 24 J. Marshall L. Rev. 677 (1991), Timothy P. Martin
UIC Law Review
No abstract provided.
Felony Murder And Child Abuse: A Proposal For The New York Legislature, Barry Bendetowies
Felony Murder And Child Abuse: A Proposal For The New York Legislature, Barry Bendetowies
Fordham Urban Law Journal
"Lisa Steinberg's head was hit so hard her injuries matched those of a person who had fallen out of a three-story window. Over the course of three months, investigators believed that Jessica Cortez was beaten numerous times with fists, a ruler, and a belt by her mother's companion who, in addition, sexually abused her. Lisa and Jessica are only two of the many New York City children who have died as a result of child abuse in recent years; at least 126 other children died at the hands of abusive adults in 1988 alone. This alarming and ever increasing statistic …
An Evaluation Of Intensive Probation In California, Joan Petersilia, Susan Turner
An Evaluation Of Intensive Probation In California, Joan Petersilia, Susan Turner
Journal of Criminal Law and Criminology
No abstract provided.
Form And Function In The Administration Of Justice: The Bill Of Rights And Federal Habeas Corpus, Larry W. Yackle
Form And Function In The Administration Of Justice: The Bill Of Rights And Federal Habeas Corpus, Larry W. Yackle
University of Michigan Journal of Law Reform
Part I critiques the Report's insistence that accurate fact finding exhausts, or nearly exhausts, the objectives of criminal justice, identifies the fundamental role of the Bill of Rights in the American political order, and situates federal habeas corpus within that framework. Part II traces the Report's historical review of the federal habeas jurisdiction and critiques the Report's too-convenient reliance on selected materials that, on examination, fail to undermine conventional understandings of the writ's development as a postconviction remedy. Part III responds to the Report's complaints regarding current habeas corpus practice and refutes contentions that the habeas jurisdiction overburdens federal dockets …
Form Or Substance? Definitional Aspects Of Assault Weapon Legislation, Thomas R. Thompson
Form Or Substance? Definitional Aspects Of Assault Weapon Legislation, Thomas R. Thompson
Florida State University Law Review
No abstract provided.
The Prosecutor's Wild Card: Certifying Juveniles For Trial As Adults Under The Indictment Provision Of The Florida Juvenile Justice Act, Barbara Jean Burns
The Prosecutor's Wild Card: Certifying Juveniles For Trial As Adults Under The Indictment Provision Of The Florida Juvenile Justice Act, Barbara Jean Burns
St. Thomas Law Review
To brand a child a criminal for life is harsh enough retribution for almost any offense. But it becomes an all but inconceivable response when we realize that to so brand him may in fact make him a criminal for life.... [C]asting a youthful offender to the wolves who prowl adult jails may well dash any hope that he will mature to be a civilized man. During the last thirty years, the juvenile justice system has been the focus of controversy ranging from concern over the lack of "due process" safeguards inherent in its informal procedures, to public outrage over …
Civil Rico - First Amendment - Third Circuit Applies Racketeering Statute To Civil Protestors - Anti-Abortion Protestors Found Liable, Marguerite C. Gualtieri
Civil Rico - First Amendment - Third Circuit Applies Racketeering Statute To Civil Protestors - Anti-Abortion Protestors Found Liable, Marguerite C. Gualtieri
Villanova Law Review (1956 - )
No abstract provided.
Fourth Amendment--Suspicionless Urinalysis Testing: A Constitutionally Reasonable Weapon In The Nation's War On Drugs, Kenneth C. Betts
Fourth Amendment--Suspicionless Urinalysis Testing: A Constitutionally Reasonable Weapon In The Nation's War On Drugs, Kenneth C. Betts
Journal of Criminal Law and Criminology
No abstract provided.
Determinants Of Judicial Waiver Decisions For Violent Juvenile Offenders, Jeffrey Fagan, Elizabeth Piper Deschenes
Determinants Of Judicial Waiver Decisions For Violent Juvenile Offenders, Jeffrey Fagan, Elizabeth Piper Deschenes
Journal of Criminal Law and Criminology
No abstract provided.
Pretrial Drug Testing And Defendant Risk, John S. Goldkamp, Michael R. Gottfredson, Doris Weiland
Pretrial Drug Testing And Defendant Risk, John S. Goldkamp, Michael R. Gottfredson, Doris Weiland
Journal of Criminal Law and Criminology
No abstract provided.
Equality Theory, Marital Rape, And The Promise Of The Fourteenth Amendment, Robin West
Equality Theory, Marital Rape, And The Promise Of The Fourteenth Amendment, Robin West
Georgetown Law Faculty Publications and Other Works
During the 1980s a handful of state judges either held or opined in dicta what must be incontrovertible to the feminist community, as well as to most progressive legal advocates and academics: the so-called marital rape exemption, whether statutory or common law in origin, constitutes a denial of a married woman's constitutional right to equal protection under the law. Indeed, a more obvious denial of equal protection is difficult to imagine: the marital rape exemption denies married women protection against violent crime solely on the basis of gender and marital status. What possibly could be less rational than a statute …
The Exclusion Of Evidence In The United States, Paul Marcus
The Exclusion Of Evidence In The United States, Paul Marcus
Faculty Publications
No abstract provided.
Washington's New Sexual Offender Civil Commitment System: An Unconstitutional Commitment System And Unwise Policy Choice, Brian G. Bodine
Washington's New Sexual Offender Civil Commitment System: An Unconstitutional Commitment System And Unwise Policy Choice, Brian G. Bodine
Seattle University Law Review
This Comment will discuss the portion of the legislation that established the system of involuntary civil commitment of violent sexual predators [hereinafter Violent Sexual Predator Commitment System]. This Comment will explore whether the Violent Sexual Predator Commitment System could withstand procedural and substantive due process challenges. Additionally, because the system is premised on a mental disorder of the sexually violent person, the commitment scheme will also be compared with the Involuntary Treatment Act's civil commitment system, to determine whether the Violent Sexual Predator Commitment System violates the equal protection clause of the fourteenth amendment to the United States Constitution. After …
Determinants Of Judicial Waiver Decisions For Violent Juvenile Offenders, Jeffrey Fagan, Elizabeth Piper Deschens
Determinants Of Judicial Waiver Decisions For Violent Juvenile Offenders, Jeffrey Fagan, Elizabeth Piper Deschens
Faculty Scholarship
The selection of jurisdiction for adjudicating juvenile crime today is one of the most controversial debates in crime control policy, reflecting differences in assumptions about the causes of crime and philosophies of jurisprudence and punishment. For adolescent offenders, especially violent youth whose behaviors may pose particular social danger, critics view the traditional goals of the juvenile court and the "best interests of the child" standard as being at odds with public concerns for retribution and incapacitation of criminals. The choice between jurisdictions is a choice between the nominally rehabilitative dispositions of the juvenile court and the explicitly punitive dispositions of …
Form And Function In The Administration Of Justice: The Bill Of Rights And Federal Habeas Corpus, Larry Yackle
Form And Function In The Administration Of Justice: The Bill Of Rights And Federal Habeas Corpus, Larry Yackle
Faculty Scholarship
Part I critiques the Report's insistence that accurate fact finding exhausts, or nearly exhausts, the objectives of criminal justice, identifies the fundamental role of the Bill of Rights in the American political order, and situates federal habeas corpus within that framework. Part II traces the Report's historical review of the federal habeas jurisdiction and critiques the Report's too-convenient reliance on selected materials that, on examination, fail to undermine conventional understandings of the writ's development as a postconviction remedy. Part III responds to the Report's complaints regarding current habeas corpus practice and refutes contentions that the habeas jurisdiction overburdens federal dockets …
Federal Habeas Corpus Review Of State Judgments, Department Of Justice Office Of Legal Policy
Federal Habeas Corpus Review Of State Judgments, Department Of Justice Office Of Legal Policy
University of Michigan Journal of Law Reform
This Report carries out a review of the historical development of the federal habeas corpus jurisdiction; examines its contemporary character and operation; and discusses relevant policy considerations. The Report concludes that federal habeas corpus as a post-conviction remedy for state prisoners should be abolished or limited as far as possible. The limited reform proposals that were passed by the Senate in 1984 and that are currently before Congress as Title II of the proposed Criminal Justice Reform Act provide the best immediate prospect for improvement.
The Reign Of The Queen Of Hearts: The Declining Significance Of The Presumption Of Innocence - A Brief Commentary, Leroy Pernell
The Reign Of The Queen Of Hearts: The Declining Significance Of The Presumption Of Innocence - A Brief Commentary, Leroy Pernell
Journal Publications
No abstract provided.
Arizona V. Roberson: The Supreme Court Expands Suspects' Rights In The Custodial Interrogation Setting, 22 J. Marshall L. Rev. 685 (1989), Thomas N. Radek
Arizona V. Roberson: The Supreme Court Expands Suspects' Rights In The Custodial Interrogation Setting, 22 J. Marshall L. Rev. 685 (1989), Thomas N. Radek
UIC Law Review
No abstract provided.
The Reign Of The Queen Of Hearts: The Declining Significance Of The Presumption Of Innocence - A Brief Commentary, Leroy Pernell
The Reign Of The Queen Of Hearts: The Declining Significance Of The Presumption Of Innocence - A Brief Commentary, Leroy Pernell
Cleveland State Law Review
The cherished concept of the presumption of innocence and the need for adjudication before sentence has eroded over the years. Taking its place is a growing belief that the safety of society depends on massive deprivation of liberty and property without predetermination of guilt. The notion of innocence has now become an inconvenient technicality as opposed to a valued principle. This article will examine the origin, history, and decline of the presumption of innocence in three contexts: (1) pretrial detention, (2) property forfeiture, and (3) trial stage -courtroom settings and jury instructions.
The Constitutionality Of Drug Testing At The Bail Stage, Cathryn Jo Rosen, John S. Goldkamp
The Constitutionality Of Drug Testing At The Bail Stage, Cathryn Jo Rosen, John S. Goldkamp
Journal of Criminal Law and Criminology
No abstract provided.
Racial Discrimination In The Criminal Justice System, Clyde E. Murphy
Racial Discrimination In The Criminal Justice System, Clyde E. Murphy
North Carolina Central Law Review
No abstract provided.
Postsentence Sentencing: Determining Probation Revocation Sanctions, Bradford Mank
Postsentence Sentencing: Determining Probation Revocation Sanctions, Bradford Mank
Faculty Articles and Other Publications
Although procedural due process requirements govern the proof of a violation in a probation revocation hearing, judges exercise almost total discretion in deciding what sanctions to impose once a violation is established. These postsentence judgments can be as important as the initial sentencing. Sanctions for even minor probation violations can range from obligating a probationer to meet with his probation officer more frequently to executing a suspended prison sentence. The Supreme Court recognized in Morrissey v. Brewer that the choice of sanctions is often more complex than the proof of a violation. Principles must be developed to regulate postsentence sentencing. …
Rethinking Harmless Constitutional Error, A. Kimberley Dayton
Rethinking Harmless Constitutional Error, A. Kimberley Dayton
Faculty Scholarship
This article examines the increasing role of the Chapman Rule and its effect on the harmless error doctrine and outlines a coherent doctrine of constitutional error responsive to the purposes of the various constitutional protections afforded criminal defendants. Part I evaluates the Court's existing harmless error jurisprudence. Part II proposes a harmless error doctrine that, unlike the Court's approach, responds to constitutional values unrelated to truth determination. The last two parts of the Article address two problems precipitated by the use of outcome-oriented rules to define and remedy constitutional error. Part III discusses when such a rule should be used …
Preventive Detention: Illinois Takes A Tenative Step Towards A Safer Community, 21 J. Marshall L. Rev. 389 (1988), Carolyn Nickels Offenbach
Preventive Detention: Illinois Takes A Tenative Step Towards A Safer Community, 21 J. Marshall L. Rev. 389 (1988), Carolyn Nickels Offenbach
UIC Law Review
No abstract provided.