Digital Commons Network^™

Questioning Miranda, Gerald M. Caplan

Vanderbilt Law Review

This Article argues that the Supreme Court should go further and reexamine the basic principles underlying Miranda. Although its impact has been tamed by interpretation and practice, and although the hour is late," a case can be made for overruling Miranda. Miranda was not a wise or necessary decision, nor has Miranda proved to be, as is generally contended, a harmless one. It sent our jurisprudence on a hazardous detour by introducing novel conceptions of the proper relationship between the suspect and authority. It accentuated just those features of our system that manifest the least regard for truth seeking, that …

The Child Witness: The Progress And Emerging Limitations, Lucy Berliner

University of Miami Law Review

No abstract provided.

Other Crimes Evidence To Prove The Corpus Delicti Of A Child Sexual Offense, Amber Donner-Froelich

University of Miami Law Review

No abstract provided.

Indicia Of Reliability And Face To Face Confrontation: Emerging Issues In Child Sexual Abuse Prosecutions, Michael H. Graham

University of Miami Law Review

No abstract provided.

Child Sexual Assault: Children's Memory And The Law, Gail S. Goodman, Vicki S. Helgeson

University of Miami Law Review

No abstract provided.

Expert Testimony In Child Sexual Abuse Cases, Rebecca J. Roe

University of Miami Law Review

No abstract provided.

Introduction: Background And Overview Of Child Sexual Abuse Law Reforms In The Mid-1980'S, Josephine Bulkley

University of Miami Law Review

No abstract provided.

See No Evil? Can Insulation Of Child Sexual Abuse Victims Be Accomplished Without Endangering The Defendant's Constitutional Rights?, Wallace J. Mlyniec, Michelle M. Dally

University of Miami Law Review

No abstract provided.

Diagnostic Evaluations And The Use Of Videotapes In Child Sexual Abuse Cases, Kee Macfarlane

University of Miami Law Review

No abstract provided.

The District Attorney As A Mobilizer In A Community Approach To Child Sexual Abuse, Robert E. Cramer Jr.

University of Miami Law Review

No abstract provided.

Child Sexual Abuse Prosecutions: The Current State Of The Art, Michael H. Graham

University of Miami Law Review

No abstract provided.

The Competency Requirement For The Child Victim Of Sexual Abuse: Must We Abandon It?, Robin W. Morey

University of Miami Law Review

No abstract provided.

Press-Enterprise Co. V. Superior Court Of California For The County Of Riverside, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Batson V. Kentucky, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

United States V. Inadi, Lewis F. Powell Jr

Supreme Court Case Files

No abstract provided.

Smith V. Murray, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

I Cannot Tell A Lie: The Standard For New Trial In False Testimony Cases, Daniel Wolf

Michigan Law Review

This Note examines the question of what standard should be used for granting a new trial when a defendant's conviction is alleged to have been based, at least in part, on false testimony. Part I demonstrates the failure of the existing standards to strike a satisfactory balance between defendants' rights and the efficient administration of the criminal justice system. Part II argues that motions for retrial based upon false testimony should be governed by a standard drawn not only from newly discovered evidence cases generally, but also from cases involving prosecutorial misconduct. Finally, Part III suggests that the proper test …

Remedies To The Dilemma Of Death-Qualified Juries, Robert M. Berry

University of Arkansas at Little Rock Law Review

No abstract provided.

Dangerous Offenders, Isabel Grant

Dalhousie Law Journal

The specific focus of this paper is on the Dangerous Offender provisions in Part XXI of our Criminal Code.' However, the issues that arise in any form of preventive detention2 go to the heart of our criminal justice system. Hence, these provisions will be used as a vehicle for dealing with the broader issues. Ethical considerations will be discussed as they arise. The paper begins with an analysis of the history of Part XXI, with emphasis on the moral and legal problems that had to be faced as the legislation developed. The legislative history and the case law are important …

Two Models Of The Fourth Amendment, Craig M. Bradley

Michigan Law Review

Fourth amendment critics rank in rows, and it has been repeatedly pointed out that individual cases are inconsistent with each other or that whole chunks of doctrine, such as the automobile exception or the plain view exception, are either misconceived, too broad, or too narrow. But these critics all play the Court on its own field, simply arguing as tenth Justices that the doctrines should be tinkered with in different ways than the Court has done. This Article, in contrast, suggests that current fourth amendment law, complete with the constant tinkering which it necessarily entails, should be abandoned altogether. Instead, …

Florida's New Speedy Trial Rule: The "Window Of Recapture", John F. Yetter

Florida State University Law Review

No abstract provided.

The Reluctant Witness For The Prosecution: Grand Jury Subpoenas To Defense Counsel, Stacy Caplow

Faculty Scholarship

No abstract provided.

Iii. Criminal Law And Procedure

Washington and Lee Law Review

No abstract provided.

(Almost) Everything You Wanted To Know About Criminal Procedure, Charles F.C. Ruff

Michigan Law Review

A Review of Criminal Procedure by Wayne R. LaFave and Jerold H. Israel

Verdict According To Conscience: Perspectives On The English Criminal Trial Jury 1200-1800, Thomas A. Green

Books

This book treats the history of the English criminal trial jury from its origins to the eve of the Victorian reforms in the criminal law. It consists of eight free-standing essays on important aspects of that history and a conclusion. Each chapter addresses the phenomenon that has come to be known as "jury nullification," the exercise of jury discretion in favor of a defendant whom the jury nonetheless believes to have committed the act with which he is charged. Historically, some instances of nullification reflect the jury's view that the act in question is not unlawful, while in other cases …

The Burger Court And Prosecutorial Misconduct, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Professor Gershman critically examines a series of recent Supreme Court decisions dealing with prosecutorial misconduct. In each case, the Court reversed the lower court and reinstated the conviction.

There are a broad range of issues involved; from suppression of evidence to trial misconduct. As a former prosecutor in New York City, the author is forced to conclude that, "Prosecutorial misconduct occurs because it works and because sanctions for misbehavior are virtually nonexistent."

Maryland's Prompt Criminal Trial Provisions: Hicks And Beyond, Harold Douglas Norton

University of Baltimore Law Review

In 1971, the Maryland General Assembly and court of appeals adopted the prompt trial provisions. It was not until the court's 1979 decision in State v. Hicks, however, that the "teeth" were put into the provisions, by supplying dismissal as the sanction for violation of the defendant's rights under the prompt trial provisions. Since that time, there has been an abundance of litigation in an attempt to clarify the applicability of the provisions and the sanction. In this article, the author presents a practical guide to the Maryland prompt trial provisions, analyzing the provisions and the wealth of recent case …

Casenotes: New Trials — Criminal Procedure — Constitutional Law — New Trial Not Warranted Unless Newly Discovered Evidence Satisfies Threshold Requirement Of Materiality To The Outcome Of The Case. Stevenson V. State, 299 Md. 297, 473 A.2d 450 (1984), Nicole Porter

University of Baltimore Law Review

No abstract provided.

Casenotes: Criminal Procedure — Appellate Review Of Sentencing — Sentencing Guidelines — Sentencing Judge's Mistaken Application Of Sentencing Guidelines Did Not Require Appellate Court To Vacate Sentence When Sentence Was Within Statutory Limits And Was The Result Of The Judge's Good Faith Exercise Of Discretion. Teasley V. State, 298 Md. 364, 470 A.2d 337 (1984), Mary Elizabeth Wildemann

University of Baltimore Law Review

No abstract provided.

Does A Criminal Defendant Have A Constitutional Right To Compel The Production Of Privileged Testimony Through Use Immunity, Louis M. Natali Jr.

Villanova Law Review (1956 - )

No abstract provided.