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Searches, Seizures, Confessions, And Some Thoughts On Criminal Procedure: Regulation Of Police Investigation -- Legal, Historical, Empirical, And Comparative Materials, Daniel B. Yeager Jan 1996

Searches, Seizures, Confessions, And Some Thoughts On Criminal Procedure: Regulation Of Police Investigation -- Legal, Historical, Empirical, And Comparative Materials, Daniel B. Yeager

Faculty Scholarship

Criminal procedure casebooks densely populate the market but rarely are reviewed. In Criminal Procedure: Regulation of Police Investigation-Legal, Historical, Empirical, and Comparative Materials, Christopher Slobogin copes with the anxiety of influence by writing a different sort of text. Simply put, the book is outwardly somewhat homely. Aesthetics aside, the book is mostly excellent and astonishingly so for a first edition. As the subtitle promises, the book has something for everyone: historians, empiricists, comparativists, theoreticians, case-crunchers, and practitioners. This review essay tracks the book's crowning achievement-the refreshing and inventive "perspectives" chapter that opens the book. The essay then reflects on …


Fact-Bargaining: An American Phenomenon, William T. Pizzi Jan 1996

Fact-Bargaining: An American Phenomenon, William T. Pizzi

Publications

No abstract provided.


New Federalism And Constitutional Criminal Procedure: Are We Repeating The Mistakes Of The Past?, James W. Diehm Jan 1996

New Federalism And Constitutional Criminal Procedure: Are We Repeating The Mistakes Of The Past?, James W. Diehm

Maryland Law Review

No abstract provided.


Instructing Illinois Juries On The Definition Of “Reasonable Doubt”: The Need For Reform, 27 Loy. U. Chi. L.J. 921 (1996), Timothy P. O'Neill Jan 1996

Instructing Illinois Juries On The Definition Of “Reasonable Doubt”: The Need For Reform, 27 Loy. U. Chi. L.J. 921 (1996), Timothy P. O'Neill

UIC Law Open Access Faculty Scholarship

No abstract provided.


Shaking The Foundation Of Gideon: A Critique Of Nichols In Overruling Baldasar V. Illinois, 25 Hofstra L. Rev. 507 (1996), Ralph Ruebner, Jennifer Berner, Anne Herbert Jan 1996

Shaking The Foundation Of Gideon: A Critique Of Nichols In Overruling Baldasar V. Illinois, 25 Hofstra L. Rev. 507 (1996), Ralph Ruebner, Jennifer Berner, Anne Herbert

UIC Law Open Access Faculty Scholarship

No abstract provided.


Quality Of Mercy Must Be Restrained, And Other Lessons In Learning To Love The Federal Sentencing Guidelines, Frank O. Bowman Iii Jan 1996

Quality Of Mercy Must Be Restrained, And Other Lessons In Learning To Love The Federal Sentencing Guidelines, Frank O. Bowman Iii

Faculty Publications

In the remarks that follow, I do four things. First, for those unfamiliar with the Federal Sentencing Guidelines, I begin by explaining briefly how the Guidelines work. Second, I endeavor to show why Judge Cabranes is wrong, absolutely wrong in declaring the Guidelines a failure, and mostly wrong in the specific criticisms he and others level against the Guidelines. Third, after jousting with Judge Cabranes a bit, I discuss some problems with the current federal sentencing system, most notably the sheer length of narcotics sentences. Finally, I comment briefly on some of the implications of the Guidelines, and the principles …


The Death Penalty And The Interstate Agreement On Detainers Act: A Proposal For Change, 29 J. Marshall L. Rev. 499 (1996), Edward G. Hild Jan 1996

The Death Penalty And The Interstate Agreement On Detainers Act: A Proposal For Change, 29 J. Marshall L. Rev. 499 (1996), Edward G. Hild

UIC Law Review

No abstract provided.


Novel Theories Of Criminal Defense Based Upon The Toxicity Of The Social Environment: Urban Psychosis, Television Intoxication, And Black Rage, Patricia J. Falk Jan 1996

Novel Theories Of Criminal Defense Based Upon The Toxicity Of The Social Environment: Urban Psychosis, Television Intoxication, And Black Rage, Patricia J. Falk

Law Faculty Articles and Essays

In recent years, defendants have proffered a multitude of novel theories of criminal defense in seeking to explain their criminal behavior in terms of internal and external influences beyond their control, including biological processes, chemical reactions, intra-psychic dynamics, social conditions, and cross cultural stresses. This Article focuses on one subset of this burgeoning class of defenses: those based upon the central premise that the defendant's criminal conduct was caused, or significantly influenced, by his exposure to social environmental factors or, if you will, toxins affecting his mental functioning. While a wide panoply of toxins exist within the fabric of our …


The Warren Court And Criminal Justice, Yale Kamisar Jan 1996

The Warren Court And Criminal Justice, Yale Kamisar

Book Chapters

Many commentators have observed that when we speak of "the Warren Court," we mean the Warren Court that lasted from 1962 (when Arthur Goldberg replaced Felix Frankfurter) to 1969 (when Earl Warren retired). But when we speak of the Warren Court's "revolution" in American criminal procedure we mean the Warren Court that lasted from 1961 (when the landmark case of Mapp v. Ohio was decided) to 1966 or 1967. In its final years, the Warren Court was not the same Court that had handed down Mapp or Miranda.


Bridging The Gap Between The Rules Of Evidence And Justice For Victims Of Domestic Violence, Lisa Marie De Sanctis Jan 1996

Bridging The Gap Between The Rules Of Evidence And Justice For Victims Of Domestic Violence, Lisa Marie De Sanctis

UF Law Faculty Publications

The time has come to bridge the gap between following the rules of evidence and serving justice for victims of domestic violence. I propose that the best way to accomplish this goal is to create a specialized evidentiary rule for the admissibility of uncharged offenses of domestic violence in domestic violence prosecutions.4 The proposed evidentiary rule is based on the new Federal Rules of Evidence 413- 414, which accomplish the same for victims of rape and sexual molestation.

First, in order to give the reader an understanding of the need for this legislation, I will discuss the difficulties that prosecutors …


Race-Ing Legal Ethics, Anthony V. Alfieri Jan 1996

Race-Ing Legal Ethics, Anthony V. Alfieri

Articles

No abstract provided.


Judicial Reform Of Habeas Corpus: The Advocates' Lament, Christopher E. Smith Jan 1996

Judicial Reform Of Habeas Corpus: The Advocates' Lament, Christopher E. Smith

Cleveland State Law Review

The U. S. Supreme Court has engineered significant changes in habeas corpus procedures. Any change in law or public policy has consequences for the human beings whose lives come into contact with the changed law or policy. Critics have accused the Rehnquist Court of "dismantling access to federal habeas corpus review guaranteed by statute since 1867." As a result, concerns have emerged regarding the consequences for potential petitioners whose claims can no longer be reviewed by federal judges. While the fate of death row inmates is the most important consequence of habeas corpus reform, anecdotal reports on these controversial cases …


The Conundrum Of Corporate Liability: Seeking A Consistent Approach To The Constitutional Rights Of Corporations In Criminal Prosecutions, Peter J. Henning Jan 1996

The Conundrum Of Corporate Liability: Seeking A Consistent Approach To The Constitutional Rights Of Corporations In Criminal Prosecutions, Peter J. Henning

Law Faculty Research Publications

No abstract provided.


The Battered Woman Syndrome And The Kentucky Criminal Justice System: Abuse Excuse Or Legitimate Mitigation?, Sue E. Mcclure Jan 1996

The Battered Woman Syndrome And The Kentucky Criminal Justice System: Abuse Excuse Or Legitimate Mitigation?, Sue E. Mcclure

Kentucky Law Journal

No abstract provided.


A Remedy Without A Wrong: J.E.B. And The Extension Of Batson To Sex-Based Peremptory Challenges , Brian A. Howie Jan 1996

A Remedy Without A Wrong: J.E.B. And The Extension Of Batson To Sex-Based Peremptory Challenges , Brian A. Howie

Washington and Lee Law Review

No abstract provided.


Whose Justice? Which Victims?, Lynne Henderson Jan 1996

Whose Justice? Which Victims?, Lynne Henderson

Scholarly Works

No abstract provided.


Cooperating With The Prosecutor: How Many Motions Does It Take To Secure A Sentence That Is Less Than The Mandatory Minimum Provided By Statute?, Jimmy Gurulé Jan 1996

Cooperating With The Prosecutor: How Many Motions Does It Take To Secure A Sentence That Is Less Than The Mandatory Minimum Provided By Statute?, Jimmy Gurulé

Journal Articles

A preview of Melendez v. United States, a 1996 Supreme Court case in which a convicted cocaine dealer appealed his mandatory 10 year sentence under the federal statutes on the grounds that he had cooperated with the prosecutor. While the United States Congress has authorized courts to impose sentences below the mandatory minimum set by the statutes and the Federal Sentencing Guidelines for defendants who provide substantial cooperation with the prosecution, courts can only do so at the request of the prosecutor. At issue in this case, where the prosecutor requested a sentence lower than the Guidelines minimum but not …


The Evidentiary Burden In Establishing An Article 3(A) Defense To Extradition In Light Of In Re The Requested Extradition Of James Joseph Smyth, A Case Of First Impression, Leslie A. Firtell Jan 1996

The Evidentiary Burden In Establishing An Article 3(A) Defense To Extradition In Light Of In Re The Requested Extradition Of James Joseph Smyth, A Case Of First Impression, Leslie A. Firtell

Cardozo Journal of International and Comparative Law

The note examines the Ninth Circuit Court of Appeals' decision in the case of James Joseph Smyth, which centered on the interpretation and application of Article 3a of the Supplementary Extradition Treaty between the US and the UK. The court overturned the lower court's ruling, holding that Smyth failed to meet the evidentiary burden required to establish a defense against extradition under Article 3a. The decision highlights the challenges of proving future mistreatment based on race, religion, nationality, or political opinions, emphasizing the need for individualized evidence rather than systemic concerns.


The Victim-Plaintiff In Criminal Trials And Civil Law Responses To Sexual Violence, Alexandra Goy Jan 1996

The Victim-Plaintiff In Criminal Trials And Civil Law Responses To Sexual Violence, Alexandra Goy

Cardozo Journal of Equal Rights & Social Justice

The article examines the role of the victim-plaintiff in German criminal trials, particularly in cases involving sexual violence. It highlights the unique procedural rights granted to victim-plaintiffs, such as the ability to participate actively in trials and present evidence. However, the analysis reveals significant practical and systemic barriers that limit the effectiveness of this institution, including restrictive evidentiary rules, financial challenges, and gender biases within the judiciary. The article argues that while the victim-plaintiff institution offers opportunities for victims to seek justice, its impact is undermined by these obstacles, raising concerns about the protection of sexual autonomy and gender equality …


Dire Wolf Collects His Due While The Boys Sit By The Fire: Why Michigan Cannot Afford To Buy Into The Death Penalty, Justin P. Brooks, Jeanne Huey Erickson Jan 1996

Dire Wolf Collects His Due While The Boys Sit By The Fire: Why Michigan Cannot Afford To Buy Into The Death Penalty, Justin P. Brooks, Jeanne Huey Erickson

Faculty Scholarship

No abstract provided.


Punishment And Procedure: A Different View Of The American Criminal Justice System, William T. Pizzi Jan 1996

Punishment And Procedure: A Different View Of The American Criminal Justice System, William T. Pizzi

Publications

No abstract provided.


Procedural Labyrinths And The Injustice Of Death: A Critique Of Death Penalty Habeas Corpus (Part Two), Alan W. Clarke Jan 1996

Procedural Labyrinths And The Injustice Of Death: A Critique Of Death Penalty Habeas Corpus (Part Two), Alan W. Clarke

University of Richmond Law Review

The following is part two of a two-part article that critiques death penalty habeas corpus. Partone of this article included discussionsof the ineffective assistanceof counsel and the federal habeas corpus exhaustion requirement. 29 U. RICH. L. REV. 1327 (1995). Part two of this article,which follows, discusses issues related to retroactivity in habeas corpus proceedings and procedural default.


Annual Survey Of Virginia Law: Criminal Law And Procedure, Cullen D. Seltzer Jan 1996

Annual Survey Of Virginia Law: Criminal Law And Procedure, Cullen D. Seltzer

University of Richmond Law Review

This article discusses recent Virginia cases and legislative developments in the area of criminal law and procedure. The article discusses cases from April of 1995 to July of 1996 and legislative changes effective July 1, 1996. This article does not discuss federal developments. Nor does the article discuss death penalty issues, as that area of the law is sufficiently particularized that, for purposes of manageability, it falls outside the scope of this discussion.


Book Review. The Convergence Of The Continental And The Common Law Model Of Criminal Procedure, Craig M. Bradley Jan 1996

Book Review. The Convergence Of The Continental And The Common Law Model Of Criminal Procedure, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.


Public Perception, Justice, And The "Search For Truth" In Criminal Cases, Craig M. Bradley, Joseph L. Hoffmann Jan 1996

Public Perception, Justice, And The "Search For Truth" In Criminal Cases, Craig M. Bradley, Joseph L. Hoffmann

Articles by Maurer Faculty

No abstract provided.


Some Thoughts On Bifurcated Sentencing In Non-Capital Felony Cases In Virginia, Thomas D. Horne Jan 1996

Some Thoughts On Bifurcated Sentencing In Non-Capital Felony Cases In Virginia, Thomas D. Horne

University of Richmond Law Review

The punishment stage of a jury trial poses a difficult test for the conflicting attitudes and opinions of individual jurors. In the search for a mature, well-reasoned, and educated verdict, an understanding of the sentencing process by those controlling the flow of information is the best insurance against decisions which spring from passion, prejudice, and personal bias. Given recent legislative changes affecting sentencing in non-capital felony cases, such an understanding is not susceptible to hornbook solutions. This paper will attempt to put those changes in the context of existing sentencing practices and of related evidentiary issues. It is hoped that …


Baltimore City's Drug Treatment Court: Theory And Practice In An Emerging Field, William D. Mccoll Jan 1996

Baltimore City's Drug Treatment Court: Theory And Practice In An Emerging Field, William D. Mccoll

Maryland Law Review

No abstract provided.


A Decade Of International Legal Reform Regarding Child Abuse Investigation And Litigation: Steps Toward A Child Witness Code, John E.B. Myers Jan 1996

A Decade Of International Legal Reform Regarding Child Abuse Investigation And Litigation: Steps Toward A Child Witness Code, John E.B. Myers

McGeorge School of Law Scholarly Articles

No abstract provided.


The Risks Of Death: Why Erroneous Convictions Are Common In Capital Cases (Symposium: The New York Death Penalty In Context), Samuel R. Gross Jan 1996

The Risks Of Death: Why Erroneous Convictions Are Common In Capital Cases (Symposium: The New York Death Penalty In Context), Samuel R. Gross

Articles

As the Supreme Court has said, time and again, death is different: It is "different in kind from any other punishment imposed under our system of criminal justice;"1 it "differs more from life imprisonment than a 100-year sentence differs from one of only a year or two;"' 2 and so forth. Traditionally, this observation has justified special procedural protections for capital defendants. Justice Harlan put it nicely nearly forty years ago: "I do not concede that whatever process is 'due' an offender faced with a fine or a prison sentence necessarily satisfies the requirements of the Constitution in a capital …


Reply To Daniel Polsby (Symposium: The New York Death Penalty In Context), Samuel R. Gross Jan 1996

Reply To Daniel Polsby (Symposium: The New York Death Penalty In Context), Samuel R. Gross

Articles

I'd like to offer a few words in response to Professor Polsby's articulate, forceful and amusing essay in favor of capital punishment.