Digital Commons Network^™

Measuring Homicide By Police Officers, Lawrence W. Sherman, Robert H. Langworthy

Journal of Criminal Law and Criminology

No abstract provided.

Escape From Cruel And Unusual Punishment: A Theory Of Constitutional Necessity, Cynthia R. Farina

Cornell Law Faculty Publications

The inmate who escapes from a federal or state prison and seeks to introduce evidence of unconstitutionally cruel and unusual confinement conditions to defend her action is barred by the well-established rule that prison conditions alone, no matter how intolerable or inhumane, neither justify nor excuse escape. If she attempts to use the defense of necessity—a limited exception to this rule—the prisoner will be required to show that a specific, imminent threat of death or serious injury prompt her escape. Evidence of prolonged or repeated deprivation and mistreatment sufficient to prove a violation of the eighth amendment may not be …

A Constitutional Analysis Of The Prohibition Against Collateral Attack In The Mexican-American Prisoner Exchange Treaty, Ira Robbins

Scholarly Articles in Law Reviews & Journals

Introduction: On November 25, 1976, the United States and Mexico concluded a bilateral treaty providing for reciprocal prisoner exchange, so that a national of one party to the agreement could complete his sentence in his home country.' The objectives of the agreement essentially were twofold: first, there was a need to ameliorate relations with Mexico on the delicate matter of the abuse of American citizens confined in Mexican prisons; second, there was a strong desire to alleviate special hardships, such as those respecting living conditions and prospects for rehabilitation, resulting from imprisonment in a foreign country. The Treaty was ratified …

Constitutional Law-Fair Warning Of Retroactive Law Is Sufficient Compliance With The Ex Post Facto Clause-Do B Bert V. Florida

BYU Law Review

No abstract provided.

Vasap: A Rehabilitation Alternative To Traditional Dwi Penalties

Washington and Lee Law Review

No abstract provided.

The Exclusionary Rule: A Requirement Of Constitutional Principle, Lane V. Sunderland

Journal of Criminal Law and Criminology

No abstract provided.

Fifth Amendment--Double Jeopardy And The Doctrine Of Dual Sovereignty

Journal of Criminal Law and Criminology

No abstract provided.

Survey Of Develpoments In West Virginia Law: 1977, Joseph W. Bowman, Thomas Evans, Janet Archer Goodwin, Laura Jane Kelly, Kenneth E. Tawney

West Virginia Law Review

No abstract provided.

Fred E. Inbau: The Importance Of Being Guilty, Yale Kamisar

Journal of Criminal Law and Criminology

No abstract provided.

Recent Trends In The Criminal Law

Journal of Criminal Law and Criminology

No abstract provided.

Extended Terms For Dangerous Offenders Under The Proposed Federal Criminal Code (S.1): The Emerging Legislative History, James H. Klein

Loyola University Chicago Law Journal

No abstract provided.

Restitution: A New Paradigm For Criminal Justice, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

This paper will analyze the breakdown of our system of criminal justice in terms of what Thomas Kuhn would describe as a crisis of an old paradigm- punishment. I propose that this crisis could be solved by the adoption of a new paradigm of criminal justice-restitution. The approach will be mainly theoretical, though at various points in the discussion the practical implications of the rival paradigms will also be considered. A fundamental contention will be that many, if not most, of our system's ills stem from errors in the underlying paradigm. Any attempt to correct these symptomatic debilities without a …

Reforming The Federal Criminal Code: A Congressional Response, Edward M. Kennedy

North Carolina Central Law Review

No abstract provided.

Objectivity And Habeas Corpus: Should Federal District Court Judges Be Permitted To Rule Upon The Validity Of Their Own Criminal Trial Conduct?, Marilyn L. Kelley

University of Michigan Journal of Law Reform

It has already been suggested that one of the main purposes of section 2255 was to provide a convenient forum in which the trial judge might testify, if necessary. That purpose is, obviously, contrary to the interpretation rendered in Carvell.

Beyond this inconsistency, Carvell suggests two significant issues: first, that it is highly desirable that the motions be passed upon by the judge who is familiar with the facts; and second, that the criminal trial judge is not likely to be misled by allegations in the 2255 petition as to what had occurred. The first issue raises the question …

Constitutional-Criminal Law, J. Michael Walls

Mercer Law Review

The purpose of this article is to provide a discussion of the most interesting and noteworthy cases decided by the Fifth Circuit during 1975 in the area of constitutional criminal law. Although this circuit rendered approximately two hundred criminal opinions involving the constitutional protections guaranteed in the criminal process, relatively few cases dominated this field. Because of the importance of these cases, the author felt compelled to provide a fairly in depth treatment of several more significant decisions. However, in so doing every effort was made to avoid straying from the primary purpose of the article which is to survey …

Ignorance Of The Law: A Maxim Reexamined, Ronald A. Cass

William & Mary Law Review

No abstract provided.

Recent Trends In The Criminal Law

Journal of Criminal Law and Criminology

No abstract provided.

Stone V. Powell, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Retribution In A Modern Penal Law: The Principle Of Aggravated Harm, Ronald J. Allen

Buffalo Law Review

No abstract provided.

In Re Forfeiture Of The Following Described Vehicle, 1972 Porsche 2 Dr., '74 Florida License Tag Id 91788 Vin #9111200334, 307 So. 2d 451 (Fla. 3d Dist. Ct. App. 1975), Michael P. Mabile

Florida State University Law Review

Criminal Law- FORFEITURES- SIGNIFICANT INVOLVEMENT IN ILLICIT DRUG OPERATION REQUIRED TO JUSTIFY AUTOMOBILE FORFEITURE; EVIDENCE OBTAINED BY ILLEGAL SEARCH INADMISSIBLE IN FORFEITURE PROCEEDING; IMPOUNDMENT OF AUTOMOBILE WITHOUT WARRANT IN ABSENCE OF PROBABLE CAUSE AND EXIGENT CIRCUMSTANCES INVALIDATES RELATED INVENTORY SEARCH.

The History Of Drug Control Laws: American Aspects, 9 J. Marshall J. Prac. & Proc. 46 (1975), Nicholas N. Kittrie

UIC Law Review

No abstract provided.

Juvenile Court And Arrest Records, Adrienne Volenik

Law Faculty Publications

Recognizing the near impossibility of changing societal views toward juvenile offenders, many legislators have at- tempted instead to combat the harmful effects of a delinquency adjudication by providing for concealment of juvenile records, on the grounds that such concealment will aid the child's reintegration into society.

Federal Tort Claims Act--An Alternative To The Exclusionary Rule, The , Francis A. Gilligan

Journal of Criminal Law and Criminology

No abstract provided.

Skyjacking Crime Control Models, W. William Minor

Journal of Criminal Law and Criminology

No abstract provided.

The Illinois Unified Code Of Corrections - A Legislative Step In The Development Of Prisoners' Rights And Of Prison Administration, Diane Morrison

Loyola University Chicago Law Journal

No abstract provided.

Practice And Procedure Under The Illinois Post-Conviction Hearing Act, 8 J. Marshall J. Prac. & Proc. 129 (1974), Alan Rabunski

UIC Law Review

No abstract provided.

The Expungement Or Restriction Of Arrest Records, Gregory J. Lake

Cleveland State Law Review

Over the past decade, concern has arisen regarding the adverse effects stemming from the misuse of arrest records. Crime cannot be condoned, but once an arrested individual has been exonerated, the arrest record should be expunged and not allowed to remain a "record" to be used against him in the future. The scope of the following analysis will not include conviction records, records of civil cases, or military records of arrest and/or conviction under the Uniform Code of Military Justice though many topics to be discussed will also be relevant to such records. Further, since the juvenile court is not …

Pornography: Miller V. California, 93 S. Ct. 2607 (1973), Paris Adult Theatre I, Et. Al. V. Slaton, 93 S. Ct. 2628 (1973), United States V. Orito, 93 S. Ct. 2674 (1973), Kaplan V. California, 93 S. Ct. 2680 (1973), United States V. 12 200 Ft. Reels Of Su

Journal of Criminal Law and Criminology

No abstract provided.

Forcible Rape: Bibliography, Duncan Chappell, Gilbert Geis, Faith Fogarty

Journal of Criminal Law and Criminology

No abstract provided.

Criminal Law—New York Adopts The Inevitable Discovery Exception—Upholds The Validity Of Warrantless Arrests And Searches—Strikes Down Death Penalty Statute., John M. Mendenhall

Buffalo Law Review

People v. Fitzpatrick, 32 N.Y.2d 499, 300 N.E.2d 139, 346 N.Y.S.2d 793, state's petition for cert. denied, 414, U.S. 1033, 42 U.S.L.W. 3291 (U.S. Nov. 12, 1973) (No. 73-442), defendant's petition for cert. denied, 414 U.S. 1050, - U.S.L.W. - (U.S. Nov. 21, 1973) (No. 73-5370).