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Articles 2731 - 2760 of 3269
Full-Text Articles in Entire DC Network
Breath Alcohol Machines: Evidence Foundation Requirements In Illinois, 22 J. Marshall L. Rev. 1 (1988), Gil Sapir, Mark Giangrande, Angela Peters
Breath Alcohol Machines: Evidence Foundation Requirements In Illinois, 22 J. Marshall L. Rev. 1 (1988), Gil Sapir, Mark Giangrande, Angela Peters
UIC Law Review
No abstract provided.
Scarlet Letter Punishment: Yesterday's Outlawed Penalty Is Today's Probation Condition, Leonore H. Tavill
Scarlet Letter Punishment: Yesterday's Outlawed Penalty Is Today's Probation Condition, Leonore H. Tavill
Cleveland State Law Review
The use of alternatives has sparked a whole host of new issues. The most significant of these new issues is the determination of who should or should not receive probation' and what kind of probation condition can be justified for certain criminals. Desperation, indefinite statutory provisions, and the resulting judicial discretion afforded to those on the bench has led to the imposition of some probation conditions which are unnecessarily harsh, unjustified, and possibly unconstitutional. Of particular concern is the growing use of "scarlet letter" probation conditions which require signs to be posted on the offender's property warning the public by …
Eighth Amendment--Pretrial Detention: What Will Become Of The Innocent, Michael J. Eason
Eighth Amendment--Pretrial Detention: What Will Become Of The Innocent, Michael J. Eason
Journal of Criminal Law and Criminology
No abstract provided.
Bright Line Seizures: The Need For Clarity In Determining When Fourth Amendment Activity Begins, Edwin J. Butterfoss
Bright Line Seizures: The Need For Clarity In Determining When Fourth Amendment Activity Begins, Edwin J. Butterfoss
Journal of Criminal Law and Criminology
No abstract provided.
Fifth Amendment--The Applicability Of The Assertion Of The Right To Counsel To Unrelated Investigations, Patrick J. Bitterman
Fifth Amendment--The Applicability Of The Assertion Of The Right To Counsel To Unrelated Investigations, Patrick J. Bitterman
Journal of Criminal Law and Criminology
No abstract provided.
Bright Line Seizures: The Need For Clarity In Determining When Fourth Amendment Activity Begins, Edwin J. Butterfoss
Bright Line Seizures: The Need For Clarity In Determining When Fourth Amendment Activity Begins, Edwin J. Butterfoss
Faculty Scholarship
This Article proposes that the Mendenhall-Royer standard, as presently interpreted, should be discarded because it is unworkable and fails to strike the appropriate balance between the liberty interests of citizens and the interest of the state in combatting crime. The test is unworkable because the outcomes of cases turn on subtle factual distinctions unrelated to an individual's actual freedom to end an encounter with a police officer, making it difficult for police officers to apply the standard in the field and adjust their conduct accordingly. Moreover, the standard provides insufficient protection for an individual's rights by failing to consider the …
Whatever Happened To The "Right To Know?": The Right Of Access To Government-Controlled Information Since Richmond Newspapers On Those Who Don't, Michael Hayes
All Faculty Scholarship
No abstract provided.
Criminal Procedure In The Rehnquist Court: Has The Rehnquisition Begun?, Craig M. Bradley
Criminal Procedure In The Rehnquist Court: Has The Rehnquisition Begun?, Craig M. Bradley
Indiana Law Journal
No abstract provided.
As Time Goes By: Pretrial Incarceration Under The Bail Reform Act Of 1984 And The Speedy Trial Act Of 1974, Allen D. Applbaum
As Time Goes By: Pretrial Incarceration Under The Bail Reform Act Of 1984 And The Speedy Trial Act Of 1974, Allen D. Applbaum
Cardozo Law Review
No abstract provided.
Executive Order 12,564: Toward A Drug-Free Federal Workforce, Robert M. Kruger
Executive Order 12,564: Toward A Drug-Free Federal Workforce, Robert M. Kruger
Journal of Law and Health
For all of these reasons, the President issued an Executive Order on September 15, 1986, designed to achieve a drug-free federal workplace. Consistent with the President's views, it focuses on helping, not punishing, drug users. Time does not permit me to go into each of the Order's provisions in great detail. I would, however, like to offer an overview of the major provisions of the Order. In deference to the occasion, I will concentrate on the provisions of the Order which authorize the use of drug testing to achieve that objective. The Executive Order calls upon "agency heads," the chief …
Obstacles To Holding A Parole Official In Virginia Liable For The Negligent Release Or Supervision Of A Parolee, Diane Miller Lowder
Obstacles To Holding A Parole Official In Virginia Liable For The Negligent Release Or Supervision Of A Parolee, Diane Miller Lowder
University of Richmond Law Review
With the continuing problem of overcrowded prisons, parole board officials have been under increasing pressure to release prisoners before the natural termination of their sentences. As a consequence, the public suffers the risk that the parolee, once released, will commit a violent crime. If this should occur, the question then becomes whether the injured individual can, as a result, hold the parole board civilly liable for the negligent release or supervision of the parolee.
Justice In Sentencing: The Role Of Prior Record Of Criminal Involvement, Alexis M. Iii Durham
Justice In Sentencing: The Role Of Prior Record Of Criminal Involvement, Alexis M. Iii Durham
Journal of Criminal Law and Criminology
No abstract provided.
Supreme Court Limits The Right To Privacy, The--Fourteenth Amendment: Bowers V. Hardwick, 106 S. Ct. 2841 (1986), Gary S. Caplan
Supreme Court Limits The Right To Privacy, The--Fourteenth Amendment: Bowers V. Hardwick, 106 S. Ct. 2841 (1986), Gary S. Caplan
Journal of Criminal Law and Criminology
No abstract provided.
The Juvenile Court Meets The Principle Of The Offense: Legislative Changes In Juvenile Waiver Statutes, Barry C. Feld
The Juvenile Court Meets The Principle Of The Offense: Legislative Changes In Juvenile Waiver Statutes, Barry C. Feld
Journal of Criminal Law and Criminology
No abstract provided.
The Constitutionality Of Sobriety Checkpoints
The Constitutionality Of Sobriety Checkpoints
Washington and Lee Law Review
No abstract provided.
The Clergy-Penitent Privilege And The Child Abuse Reporting Statute: Is The Secret Sacred, 19 J. Marshall L. Rev. 1031 (1986), Kathryn Keegan
The Clergy-Penitent Privilege And The Child Abuse Reporting Statute: Is The Secret Sacred, 19 J. Marshall L. Rev. 1031 (1986), Kathryn Keegan
UIC Law Review
No abstract provided.
Attempting The Impossible: The Emerging Consensus, Ira Robbins
Attempting The Impossible: The Emerging Consensus, Ira Robbins
Scholarly Articles in Law Reviews & Journals
Impossible attempts are situations in which an actor fails to consummate a substantive crime because he is mistaken about attendant circumstances. Professor Robbins divides mistakes regarding circumstances into three categories: mistakes of fact, mistakes of law, and mistakes of mixed fact and law. Courts and commentators disagree primarily over the identification and treatment of mixed fact law cases. Professor Robbins surveys each category of mistake. He then examines the objective, subjective, and hybrid approaches to dealing with the mixed fact/law category. The objective approach requires an objective manifestation of the actor's intent before conviction is allowed. The subjective approach permits …
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.
Health V. Alabama: Contravention Of Double Jeopardy And Full Faith And Credit Principles, Marc Martin
Health V. Alabama: Contravention Of Double Jeopardy And Full Faith And Credit Principles, Marc Martin
Loyola University Chicago Law Journal
No abstract provided.
The Law Of Confessions: Part Ii, Paul C. Giannelli
The Law Of Confessions: Part Ii, Paul C. Giannelli
Faculty Publications
No abstract provided.
Why So Fast, Why So Slow: Explaining Case Processing Time, Mary Lee Luskin, Robert C. Luskin
Why So Fast, Why So Slow: Explaining Case Processing Time, Mary Lee Luskin, Robert C. Luskin
Journal of Criminal Law and Criminology
No abstract provided.
Heath V. Alabama: A Case Study Of Doctrine And Rationality In The Supreme Court, Ronald J. Allen, John P. Ratnaswamy
Heath V. Alabama: A Case Study Of Doctrine And Rationality In The Supreme Court, Ronald J. Allen, John P. Ratnaswamy
Journal of Criminal Law and Criminology
No abstract provided.
Priviliege Against Self-Incrimination In A Rescue Situaiton, The , William T. Pizzi
Priviliege Against Self-Incrimination In A Rescue Situaiton, The , William T. Pizzi
Journal of Criminal Law and Criminology
No abstract provided.
Expansion Of The Terry Doctrine To Completed Felonies, The--Fourth Amendment: United States V. Hensley, 105 S. Ct. 675 (1985), Jolene D. Pettus
Expansion Of The Terry Doctrine To Completed Felonies, The--Fourth Amendment: United States V. Hensley, 105 S. Ct. 675 (1985), Jolene D. Pettus
Journal of Criminal Law and Criminology
No abstract provided.
Preventive Detention: A Constitutional But Ineffective Means Of Fighting Pretrial Crime, Scott D. Himsell
Preventive Detention: A Constitutional But Ineffective Means Of Fighting Pretrial Crime, Scott D. Himsell
Journal of Criminal Law and Criminology
No abstract provided.
The Law Of Confessions: Part I, Paul C. Giannelli
The Law Of Confessions: Part I, Paul C. Giannelli
Faculty Publications
No abstract provided.
Corrections In Crisis : Report Of The Governor's Blue Ribbon Commission On Corrections, Maine Governor's Blue Ribbon Commission On Corrections
Corrections In Crisis : Report Of The Governor's Blue Ribbon Commission On Corrections, Maine Governor's Blue Ribbon Commission On Corrections
Maine Collection
Corrections In Crisis : Report of the Governor's Blue Ribbon Commission on Corrections.
Augusta, Me., The Commission, December 1985
"This Commission was funded through the 1984 Appropriations Act, P.L. 1983, Ch. 824, Pt. A."
Contents: Preamble / Summary of Recommendations / Community Corrections Recommendations / Sentencing Recommendations / Correctional Management Recommendations / Selected Legislative Issues / Conclusion
California V. Ciraolo, Lewis F. Powell Jr.
California V. Ciraolo, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.