Digital Commons Network^™

The Guilty But Mentally Ill Plea And Verdict: Current State Of The Knowledge, Bradley D. Mcgraw, Daina Farthing-Capowich, Ingo Keilitz

Villanova Law Review (1956 - )

No abstract provided.

New York V. Quarles: The Dissolution Of Miranda, Mary M. Keating

Villanova Law Review (1956 - )

No abstract provided.

Executive Targeting Of Congressmen As A Violation Of The Arrest Clause, Anita Bernstein

Faculty Scholarship

No abstract provided.

Introduction To Debate (Between N. Morris And R. Bonnie): Should The Insanity Defense Be Abolished?, Joel J. Finer

Law Faculty Articles and Essays

The author introduces a debate between Professor Norval Morris and Professor Richard Bonnie on the insanity defense.

The Capital Defendant's Right To Make A Personal Plea For Mercy: Common Law Allocution And Constitutional Mitigation, J. Thomas Sullivan

Law Faculty Scholarship

No abstract provided.

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 Wrong's Of Victim's Rights, Lynne Henderson

Scholarly Works

No abstract provided.

The Privilege Against Self-Incrimination In A Rescue Situation, William T. Pizzi

Publications

No abstract provided.

How Judges Judge: A Study Of Disagreement On The United States Court Of Appeals For The Eighth Circuit, Douglas O. Linder

Faculty Works

No abstract provided.

The Wrongs Of Victim's Rights, Lynne N. Henderson

Articles by Maurer Faculty

No abstract provided.

Around And Around On Pennsylvania's Juvenile Confession Carousel: This Time The Police Get The Brass Ring, Paula D. Shaffner

Villanova Law Review (1956 - )

No abstract provided.

Evitts V. Lucey, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

Ake V. Oklaboma, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

The Prosecutorial Perspective: The Victim And Witness Protection Act Of 1982, William A. Kolibash

West Virginia Law Review

No abstract provided.

A Comparative Look At The Reporter's Privilege In Criminal Cases: United States, Federal Republic Of Germany, And Switzerland, Jeff V. Nelson

BYU Law Review

No abstract provided.

People Of The State Of Illinois Vs. John Gacy: The Functioning Of The Insanity Defense At The Limits Of The Criminal Law, Donald H.J. Herman, Helen L. Morrison, Yvonne Sor, Julie A. Norman, David M. Neff

West Virginia Law Review

No abstract provided.

Public Opinion Of Forensic Psychiatry Following The Hinckley Verdict, Dan Slater, Valerie P. Hans

Cornell Law Faculty Publications

The authors obtained opinions of forensic psychiatry in a community survey following the not guilty by reason of insanity verdict in the Hinckley trial. A majority of respondents expressed little or no confidence in the specific psychiatric testimony in the Hinckley trial and only modest faith in the general ability of psychiatrists to determine legal insanity. Respondents' general and specific attitudes were strongly related. Younger people and women were more positive in their views of psychiatry in the courtroom.

Probable Cause And Common Sense: A Reply To The Critics Of Illinois V. Gates, Joseph D. Grano

University of Michigan Journal of Law Reform

Part I of this article reviews Gates's actual holding. Although one can view much of the Court's more interesting discussion of the two-pronged test as dicta, the majority and dissenters clearly did not regard it as such. The majority and dissenters disagreed, however, not only over the appropriate hearsay test but, more fundamentally, over the nature of probable cause itself. I will argue that one must resolve this more basic disagreement before properly addressing the hearsay issue.

Part II examines probable cause from an historical perspective. In this part, I attempt to demonstrate that both the English common law …

The Applicability Of Miranda Warnings To Non-Felony Offenses: Is The Proper Standard "Custodial Interrogation" Or "Severity Of The Offense"?, Kenneth W. Gaul

University of Michigan Journal of Law Reform

This Note argues that the proper standard for determining the necessity of the Miranda warnings for any offense is the existence of custodial interrogation. When interrogation for non-felony offenses takes place in a custodial atmosphere, Miranda warnings should be required, as they are for more serious offenses. Part I summarizes the two basic approaches taken by courts that have confronted the question of the applicability of the Miranda warnings to non-felony offenses. Part Ill argues that neither the rationale for the Miranda doctrine nor the roots of the fifth amendment support a distinction based on the severity of the offense …

The Fourth Amendment And The Control Of Police Discretion, William J. Mertens

University of Michigan Journal of Law Reform

The fourth amendment protects the security of people's "persons, houses, papers, and effects" in two distinct (if overlapping) ways. First, it requires a sufficiently weighty public interest before the government's agents are allowed to search or seize. Thus, for example, probable cause is required for arrest. Whatever uncertainty there may be in the phrase "probable cause" (and, for that matter, however indefinite the idea of "arrest" may have become), in this context, at least, the probable cause standard requires the demonstration of objective facts that point with some probability to the guilt for some particular offense of the person arrested. …

Introduction: Trends And Developments With Respect To That Amendment 'Central To Enjoyment Of Other Guarantees Of The Bill Of Rights', Yale Kamisar

Articles

Seventy years ago, in the famous Weeks case,' the Supreme Court evoked a storm of controversy by promulgating the federal exclusionary rule. When, a half-century later, in the landmark Mapp case,2 the Court extended the Weeks rule to state criminal proceedings, at least one experienced observer assumed that the controversy "today finds its end." 3 But as we all know now, Mapp only intensified the controversy. Indeed, in recent years spirited debates over proposals to modify the exclusionary rule or to scrap it entirely have filled the air - and the law reviews.'

Book Review Of Tightening The Reins Of Justice In America: A Comparative Analysis Of The Criminal Jury Trial In England And The United States, B. J. George Jr.

Journal of Legal Education

No abstract provided.

Final Judgment: My Life As A Soviet Defense Attorney, Michigan Law Review

Michigan Law Review

A Review of Final Judgment: My Life as a Soviet Defense Attorney by Dina Kaminskaya

The Good, The Bad, And The Burger Court: Victims' Rights And A New Model Of Criminal Review, 75 J. Crim. L. & Criminology 363 (1984), Timothy P. O'Neill

UIC Law Open Access Faculty Scholarship

No abstract provided.

The Pit And The Pendulum: Correctional Law Reform From The Sixties Into The Eighties, Donald W. Dowd

Villanova Law Review (1956 - )

No abstract provided.

Criminal Procedure - Motion For Change Of Venue - In Search Of A Guiding Light - State V. Jerrett, Buxton Sawyer Copeland

Campbell Law Review

This note will analyze the unique circumstances of Jerrett in light of the purposes for a change of venue motion and consider the precendential value, if any, of this case. In addition, the methodology employed by the court will be examined to determine if it provides a sufficient guide to the practicing attorney.

New Hearsay Exceptions For A Child's Statement Of Sexual Abuse, 18 J. Marshall L. Rev. 1 (1984), Glen Skoler

UIC Law Review

No abstract provided.

Juries, Susan E. Morton

West Virginia Law Review

No abstract provided.

Interests And Politics In Sentencing Reform: The Development Of Sentencing Guidelines In Minnesota And Pennsylvania, Susan E. Martin

Villanova Law Review (1956 - )

No abstract provided.

Electronic Surveillance, Computers, And The Fourth Amendment - The New Telecommunications Environment Calls For Reexamination Of Doctrine, Arthur R. Landever

Law Faculty Articles and Essays

We are in the midst of a revolution in information collection and telecommunications. Computer networking, the unification of the various telecommunications systems, the establishment of central data banks, and government tracking and profiling of vast numbers of Americans present momentous challenges for our constitutional system. Increasingly, in our evolving culture, an individual enters the public setting in order to conduct his personal life. Fourth Amendment doctrine respecting electronic surveillance, as well as Supreme Court notions of "free choice" and "assumption of risk" must come to grips with this new reality. In the main, the author urges judicial intervention, as the …