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Articles 2791 - 2820 of 3269
Full-Text Articles in Entire DC Network
Florida V. Royer, Lewis F. Powell Jr.
Evaluating Michigan's Guilty But Mentally Ill Verdict: An Empirical Study, Gare A. Smith, James A. Hall
Evaluating Michigan's Guilty But Mentally Ill Verdict: An Empirical Study, Gare A. Smith, James A. Hall
University of Michigan Journal of Law Reform
Because Michigan's GBMI statute has been in effect for several years, enough data exists to assess the statute's use and practical effect. The purpose of this Project is to evaluate the statute and thus provide guidance for those legislatures considering similar proposals. This Project concludes that the new verdict has completely failed in its intended purpose. Part I describes the statute's history, legislative purpose, and procedural mechanics. Part II analyzes the displacing effect of the GBMI verdict on other verdicts, and sets forth empirical data on the disparate characteristics of defendants who raise the insanity defense and are subsequently found …
Survey Of Developments In The Fourth Circuit: 1981
Survey Of Developments In The Fourth Circuit: 1981
West Virginia Law Review
No abstract provided.
Bringing The Rule Of Law To Criminal Sentencing: Judicial Review, Sentencing Guidelines And A Policy Of Just Deserts, Peter A. Ozanne
Bringing The Rule Of Law To Criminal Sentencing: Judicial Review, Sentencing Guidelines And A Policy Of Just Deserts, Peter A. Ozanne
Loyola University Chicago Law Journal
No abstract provided.
Poetry And The Criminal Law: The Idea Of Punishment In Shakespeare's Measure For Measure, William T. Braithwaite
Poetry And The Criminal Law: The Idea Of Punishment In Shakespeare's Measure For Measure, William T. Braithwaite
Loyola University Chicago Law Journal
No abstract provided.
The Good Faith Restatement Of The Exclusionary Rule, D. Lowell Jensen, Rosemary Hart
The Good Faith Restatement Of The Exclusionary Rule, D. Lowell Jensen, Rosemary Hart
Journal of Criminal Law and Criminology
No abstract provided.
Blind Justice: Police Shootings In Memphis, James J. Fyfe
Blind Justice: Police Shootings In Memphis, James J. Fyfe
Journal of Criminal Law and Criminology
No abstract provided.
Federal Financial Assistance For Crime Control: Lessons Of The Leaa Experience, Robert F. Diegelman
Federal Financial Assistance For Crime Control: Lessons Of The Leaa Experience, Robert F. Diegelman
Journal of Criminal Law and Criminology
No abstract provided.
Criminal Liability, Public Policy, And The Principle Of Legality In The Republic Of South Africa, Lee W. Potts
Criminal Liability, Public Policy, And The Principle Of Legality In The Republic Of South Africa, Lee W. Potts
Journal of Criminal Law and Criminology
No abstract provided.
Diversion Of Church Funds To Personal Use: State, Federal And Private Sanctions, Barry W. Taylor
Diversion Of Church Funds To Personal Use: State, Federal And Private Sanctions, Barry W. Taylor
Journal of Criminal Law and Criminology
No abstract provided.
Fourth Amendment--A Renewed Plea For Relevant Criteria For The Admissibility Of Tainted Confessions, William D. Levinson
Fourth Amendment--A Renewed Plea For Relevant Criteria For The Admissibility Of Tainted Confessions, William D. Levinson
Journal of Criminal Law and Criminology
No abstract provided.
Administering The Death Penalty
The Assassination Attempt, Yale Kamisar
The Assassination Attempt, Yale Kamisar
Articles
From the moment the would-be assassin opened fire until many days after he was found not guilty by reaaon of insanity, the press was fascinated by the case. The very same day that it reported the assassination attempt "in the open street, and in the broad face of day," the Times considered but quickly dismissed the possibility of insanity: "The defndant's purpose was carried out with the most cold-blooded determination. . . . His demeanor throughout was cool and collected, nor did there appear any evidence of insanity." When, several days later, it became plain that the defendant was indeed …
Liability For Parole Decisionmaking: The Absence Of Discretion In The Parole Process, Robert F. Polglase
Liability For Parole Decisionmaking: The Absence Of Discretion In The Parole Process, Robert F. Polglase
Mercer Law Review
In Payton v. United States, the Fifth Circuit Court of Appeals held that the United States was liable under the Federal Tort Claims Act, for the parole of a federal prisoner who, following release, murdered plaintiff's wife. The court concluded that such parole decisionmaking did not come within the discretionary function exemption of the Federal Tort Claims Act (FTCA).
Book Review: A Theory Of Criminal Justice By Jan Corecki. New York: Columbia University Press. 1979. Pp. Xv, 185. $15.00., Ira Robbins
Book Reviews
Review of A Theory of Criminal Justice by Jan Corecki. New York: Columbia University Press. 1979. Pp. xv, 185. $15.00.
Custodial Interrogation Of Juveniles In The United States And Florida, Christopher K. Vogel
Custodial Interrogation Of Juveniles In The United States And Florida, Christopher K. Vogel
Florida State University Law Review
No abstract provided.
Civil Liberties And Criminal Code Reform, John H.F. Shattuck, David E. Landau
Civil Liberties And Criminal Code Reform, John H.F. Shattuck, David E. Landau
Journal of Criminal Law and Criminology
No abstract provided.
Contempt Of Court As An Alternative To The Exclusionary Rule, Thomas J. Kinasz
Contempt Of Court As An Alternative To The Exclusionary Rule, Thomas J. Kinasz
Journal of Criminal Law and Criminology
No abstract provided.
Shootings Of And By Chicago Police: Uncommon Crises--Part I: Shootings By Chicago Police, William A. Geller, Kevin J. Karales
Shootings Of And By Chicago Police: Uncommon Crises--Part I: Shootings By Chicago Police, William A. Geller, Kevin J. Karales
Journal of Criminal Law and Criminology
No abstract provided.
Treatment Rhetoric Versus Waiver Decisions, Lloyd Braithwaite, Allen Shore
Treatment Rhetoric Versus Waiver Decisions, Lloyd Braithwaite, Allen Shore
Journal of Criminal Law and Criminology
No abstract provided.
Survey Of Developments In West Virginia Law: 1980
Survey Of Developments In West Virginia Law: 1980
West Virginia Law Review
No abstract provided.
The Role Of Mental Health Professionals In The Criminal Process: The Case For Informed Speculation, Christopher Slobogin, Richard J. Bonnie
The Role Of Mental Health Professionals In The Criminal Process: The Case For Informed Speculation, Christopher Slobogin, Richard J. Bonnie
Vanderbilt Law School Faculty Publications
In this article we have attempted to make the case for continued participation by appropriately qualified mental health professionals in the adjudication of reconstructive subjective issues of the criminal law. In Part I, we outlined the reasons why imprecision and speculation is and must be tolerated in doctrines of exculpation and mitigation. In Part II, we developed the case for evidentiary rules which permit "informed speculation" by qualified clinical experts so as to enable defendants to explore and present subjective defenses and assist triers of fact to assess the plausibility and significance of such claims. We recognize that many mental …
Use Of Drug Detecting Dogs In Public High Schools, Anthony P. Gillman
Use Of Drug Detecting Dogs In Public High Schools, Anthony P. Gillman
Indiana Law Journal
No abstract provided.
The Insanity Defense In Juvenile Delinquency Proceedings, Maxine M. Harrington, Ann O'Regan Keary
The Insanity Defense In Juvenile Delinquency Proceedings, Maxine M. Harrington, Ann O'Regan Keary
Faculty Scholarship
The insanity defense in delinquency proceedings poses an important legal dilemma concerning the rights of children in the juvenile justice system. Indeed, beyond the purely legal concerns of the rights of an accused juvenile, the concept of criminal responsibility in the context of juvenile court proceedings raises perhaps an even more important issue of what is the best model for dealing with mentally ill juvenile offenders, both from the juvenile's viewpoint and that of society as a whole. It is our opinion that not only does the insanity defense have an appropriate role in juvenile proceedings, but that legal as …
Liberals, Conservatives, And The Exclusionary Rule, Lane V. Sunderland
Liberals, Conservatives, And The Exclusionary Rule, Lane V. Sunderland
Journal of Criminal Law and Criminology
No abstract provided.
Fourteenth Amendment--Due Process For Prisoners In Commitment Proceedings, Keith S. Knochel
Fourteenth Amendment--Due Process For Prisoners In Commitment Proceedings, Keith S. Knochel
Journal of Criminal Law and Criminology
No abstract provided.
Federal Habeas Corpus: Greater Protection For "Innocent" State Prisoners After Jackson V. Virginia, Jennie L. Montgomery
Federal Habeas Corpus: Greater Protection For "Innocent" State Prisoners After Jackson V. Virginia, Jennie L. Montgomery
University of Richmond Law Review
In Jackson v. Virginia, the Burger Court recently made an apparent "about face" with regard to the scope of powers extended to a federal habeas corpus court reviewing a state court conviction. On the basis of this ruling, habeas corpus petitioners may now demand federal court examination of whether the evidence produced at their trials was sufficient to justify a finding of guilt beyond a reasonable doubt. Jackson is, therefore, a significant step beyond the Warren Court rule that due process is violated only when the record is totally devoid of any evidence to support the conviction.
Execution Without Trial: Police Homicide And The Constitution, Lawrence W. Sherman
Execution Without Trial: Police Homicide And The Constitution, Lawrence W. Sherman
Vanderbilt Law Review
This analysis of police homicide and the Constitution leads to the conclusion that the present state laws are unconstitutional, not just in the common-law states, but in the Model Penal Code and"forcible felony" states as well.' The present laws of every state in the union deny police homicide victims fifth and fourteenth amendment rights to due process, allow the punishment of death to be imposed in a cruel and unusual fashion, and appear to deny equal protection to blacks. The only constitutional alternative apparent is to remove police homicide from the realm of punishment and confine justification for it to …
Judicial Decisions And Sanction Patterns In Criminal Justice, Susette M. Talarico
Judicial Decisions And Sanction Patterns In Criminal Justice, Susette M. Talarico
Journal of Criminal Law and Criminology
No abstract provided.