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Articles 2761 - 2790 of 3269
Full-Text Articles in Entire DC Network
The Statewide Prosecutor: A New Weapon Against Organized Crime, R. Scott Palmer, Barbara M. Linthicum
The Statewide Prosecutor: A New Weapon Against Organized Crime, R. Scott Palmer, Barbara M. Linthicum
Florida State University Law Review
No abstract provided.
The Guilty But Mentally Ill Verdict: An Idea Whose Time Should Not Have Come, Christopher Slobogin
The Guilty But Mentally Ill Verdict: An Idea Whose Time Should Not Have Come, Christopher Slobogin
Vanderbilt Law School Faculty Publications
The guilty but mentally ill verdict has received increasing attention. Several states had already passed or were seriously considering legislation establishing a guilty but mentally ill verdict before John Hinckley's 1982 acquittal vaulted the idea into national prominence. Today at least twelve states have adopted some version of the verdict and perhaps twenty others have considered or are considering similar statutes.
Yet despite the popularity of the guilty but mentally ill scheme, the American Bar Association's Criminal Justice Mental Health Standards, the American Psychiatric Association Statement on the Insanity Defense,' and the National Mental Health Association's Commission on the Insanity …
Entrapment, De Lorean And The Undercover Operation: A Constitutional Connection, 18 J. Marshall L. Rev. 365 (1985), Kevin Hackett O'Neill
Entrapment, De Lorean And The Undercover Operation: A Constitutional Connection, 18 J. Marshall L. Rev. 365 (1985), Kevin Hackett O'Neill
UIC Law Review
No abstract provided.
"Guilty But Mentally Ill": The Real Verdict Is Guilty, Linda C. Fentiman
"Guilty But Mentally Ill": The Real Verdict Is Guilty, Linda C. Fentiman
Elisabeth Haub School of Law Faculty Publications
This article will first explore the reasons for the controversy over the insanity defense to provide insights, both historical and contemporary, into the purposes and functions of that defense. A brief examination will be made of judicial decisions in the last twenty years, which have largely, but not completely, eliminated the distinctions drawn historically between the "civilly" and "criminally" mentally ill. The article will then examine the growing numbers of "Guilty But Mentally Ill" (GBMI) laws, with some emphasis upon the Michigan statute as the archetypal GBMI law. It will be argued that the GBMI laws are fatally flawed in …
Danger And Detention: A Second Generation Of Bail Reform, John S. Goldkamp
Danger And Detention: A Second Generation Of Bail Reform, John S. Goldkamp
Journal of Criminal Law and Criminology
No abstract provided.
An Exception To Administering Miranda Warnings Exists Where Police Questioning Is Promptd By Concern For Public Safety., Stephen S. Goodman Iv
An Exception To Administering Miranda Warnings Exists Where Police Questioning Is Promptd By Concern For Public Safety., Stephen S. Goodman Iv
St. Mary's Law Journal
Abstract Forthcoming.
The Privilege Against Self-Incrimination In A Rescue Situation, William T. Pizzi
The Privilege Against Self-Incrimination In A Rescue Situation, William T. Pizzi
Publications
No abstract provided.
The Sounds Of Silence: Can Post-Miranda Silence Be Used To Rebut An Insanity Defense, Michael L. Perlin
The Sounds Of Silence: Can Post-Miranda Silence Be Used To Rebut An Insanity Defense, Michael L. Perlin
Other Publications
No abstract provided.
The Rico Nexus Requirement: A "Flexible" Linkage, Michigan Law Review
The Rico Nexus Requirement: A "Flexible" Linkage, Michigan Law Review
Michigan Law Review
This Note argues that the RICO "nexus" requirement can be interpreted to limit effectively this overbroad use of RICO without emasculating the statute. The "nexus requirement" is generally described as defining the word "through" in section 1962(c), the provision of RICO that makes it illegal to "conduct or participate, directly or indirectly, in the conduct of [an] enterprise's affairs through a pattern of racketeering activity." This language establishes the necessity of proving a relationship between the enterprise and the racketeering. Once evidence of the alleged enterprise and the predicate racketeering acts has been submitted, the final element of proof must …
United States V. Hensley, Lewis F. Powell Jr.
United States V. Hensley, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
The Theoretical Justification For The New Criminal Law Of The High Middle Ages: "Rei Publicae Interest, Ne Crimina Remaneant Impunita", Richard M. Fraher
The Theoretical Justification For The New Criminal Law Of The High Middle Ages: "Rei Publicae Interest, Ne Crimina Remaneant Impunita", Richard M. Fraher
Articles by Maurer Faculty
No abstract provided.
Fifth Amendment--Will The Public Safety Exception Swallow The Miranda Exclusionary Rule, Steven Andrew Drizin
Fifth Amendment--Will The Public Safety Exception Swallow The Miranda Exclusionary Rule, Steven Andrew Drizin
Journal of Criminal Law and Criminology
No abstract provided.
Sixth Amendment--Inevitable Discovery: A Valuable But Easily Abused Exception To The Exclusionary Rule, William M. Cohn
Sixth Amendment--Inevitable Discovery: A Valuable But Easily Abused Exception To The Exclusionary Rule, William M. Cohn
Journal of Criminal Law and Criminology
No abstract provided.
Undiminished Confusion In Diminished Capacity, Stephen J. Morse
Undiminished Confusion In Diminished Capacity, Stephen J. Morse
Journal of Criminal Law and Criminology
No abstract provided.
New York V. Quarles:The "Public Safety" Exception To Miranda, John Randolph Bode
New York V. Quarles:The "Public Safety" Exception To Miranda, John Randolph Bode
University of Richmond Law Review
In New York v. Quarles, the Supreme Court attempted to limit the exclusionary sanction provided under Miranda v. Arizona. Quarles is a significant decision in the criminal procedure area not only because of the exception which it establishes, but because it represents "a legitimate effort by the Burger Court to reconcile the realities of effective law enforcement with the often hyper technical rules of criminal justice." Many observers have interpreted the Quarles decision as the long-awaited fruition of the conservatism now presiding over the Burger Court. However, the setting for Quarles can be traced back to the Miranda decision itself.
Labor Racketeering And Labor Law: State Regulation V. Federal Rights: An Analysis Of Brown V. Hotel And Restaurant Employees Union Local 54, Barbara J. Fick
Labor Racketeering And Labor Law: State Regulation V. Federal Rights: An Analysis Of Brown V. Hotel And Restaurant Employees Union Local 54, Barbara J. Fick
Journal Articles
This article previews the Supreme Court case Brown v. Hotel and Restaurant Employees, 468 U.S. 491 (1984). The author expected the Court to decide which interest prevails where there is a conflict between New Jersey's regulation of labor unions in order to reduce the influence of organized crime in the labor sector and federally granted rights to organize and bargain collectively.
Right Against Self-Incrimination -- "Public Safety" Exception, David C. Williams
Right Against Self-Incrimination -- "Public Safety" Exception, David C. Williams
Articles by Maurer Faculty
No abstract provided.
Beyond 1984: Undercover In America–Serpico To Abscam, Robert Blecker
Beyond 1984: Undercover In America–Serpico To Abscam, Robert Blecker
Articles & Chapters
No abstract provided.
Welsh V. Wisconsin, Lewis F. Powell Jr.
Welsh V. Wisconsin, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Criminal Procedure—Adoption Of A Total Exhaustion Rule For Mixed Writs Of Habeas Corpus, Jeannette A. Robertson
Criminal Procedure—Adoption Of A Total Exhaustion Rule For Mixed Writs Of Habeas Corpus, Jeannette A. Robertson
University of Arkansas at Little Rock Law Review
No abstract provided.
Habeas Corpus--Expedited Appellate Review Of Habeas Corpus Petitions Brought By Death-Sentenced State Prisoners, Timothy A. Ita
Habeas Corpus--Expedited Appellate Review Of Habeas Corpus Petitions Brought By Death-Sentenced State Prisoners, Timothy A. Ita
Journal of Criminal Law and Criminology
No abstract provided.
Two-Track Or One-Track Justice--Some Evidence From An English Longitudinal Survey, Patrick A. Langan, David P. Farrington
Two-Track Or One-Track Justice--Some Evidence From An English Longitudinal Survey, Patrick A. Langan, David P. Farrington
Journal of Criminal Law and Criminology
No abstract provided.
Bentham's Utilitarian Critique Of The Death Penalty, Hugo Adam Bedau
Bentham's Utilitarian Critique Of The Death Penalty, Hugo Adam Bedau
Journal of Criminal Law and Criminology
No abstract provided.
Fifth Amendment--Indefinite Commitment Of Insanity Acquittees And Due Process Considerations, Donna R. Shralow
Fifth Amendment--Indefinite Commitment Of Insanity Acquittees And Due Process Considerations, Donna R. Shralow
Journal of Criminal Law and Criminology
No abstract provided.
Capital Punishment For Minors: An Eight Amendment Analysis, Helene B. Greenwald
Capital Punishment For Minors: An Eight Amendment Analysis, Helene B. Greenwald
Journal of Criminal Law and Criminology
No abstract provided.
Questioning The Practice Of Pretrial Detention: Some Empirical Evidence From Philidelphia, John S. Goldkamp
Questioning The Practice Of Pretrial Detention: Some Empirical Evidence From Philidelphia, John S. Goldkamp
Journal of Criminal Law and Criminology
No abstract provided.
Resolving The Dilemma Of The Exclusionary Rule: An Application Of Restitutive Principles Of Justice, Randy E. Barnett
Resolving The Dilemma Of The Exclusionary Rule: An Application Of Restitutive Principles Of Justice, Randy E. Barnett
Georgetown Law Faculty Publications and Other Works
Discussions of the merits of the exclusionary rule usually begin and end with a dilemma not unlike the classic "prisoner's dilemma." Suppression of illegally obtained, but reliable, evidence that leads to the release of a guilty defendant may constitute an injustice and a threat to the safety of innocent citizens. Admitting illegally obtained evidence, however, may encourage police officers to engage in illegal conduct to the detriment of countless numbers of citizens. The premise of the prisoner's dilemma is that the prisoner's choices have been limited by his captor to two, each of which is morally objectionable. The debate over …
The Philippines: A Country In Crisis - A Report By Lawyers Committee For International Human Rights, Diane Orentlicher, Marvin E. Frankel, Jack Greenberg
The Philippines: A Country In Crisis - A Report By Lawyers Committee For International Human Rights, Diane Orentlicher, Marvin E. Frankel, Jack Greenberg
Scholarly Articles in Law Reviews & Journals
No abstract provided.