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Articles 5191 - 5220 of 5712
Full-Text Articles in Entire DC Network
Towards Neutral Principles In The Administration Of Criminal Justice: A Critique Of Supreme Court Decisions Sanctioning The Plea Bargaining Process, Malvina Halberstam
Towards Neutral Principles In The Administration Of Criminal Justice: A Critique Of Supreme Court Decisions Sanctioning The Plea Bargaining Process, Malvina Halberstam
Articles
This article compares the Court's reasoning in plea bargaining cases with its reasoning in non-plea-bargaining cases that involve the same legal principles. It analyzes the Court's arguments for sustaining guilty pleas induced by fear of the death penalty or by promises of leniency, and for sanctioning the imposition of harsher penalties on those who reject prosecutional offers to plead and insist on a trial. Finally, it briefly addresses the contention that the system for the administration of criminal justice in the United States could not function if use of a sentencing differential to induce guilty pleas were prohibited.
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.
Past Arrests And Perceived Perjury As Sentencing Factors In Illinois, Valerie J. Fisher
Past Arrests And Perceived Perjury As Sentencing Factors In Illinois, Valerie J. Fisher
Loyola University Chicago Law Journal
No abstract provided.
The Prosecutor's Function In Sentencing, Dan K. Webb, Scott F. Turow
The Prosecutor's Function In Sentencing, Dan K. Webb, Scott F. Turow
Loyola University Chicago Law Journal
No abstract provided.
Federal Criminal Sentencing: The Case For Evidentiary Standards, Frank D. Giorno
Federal Criminal Sentencing: The Case For Evidentiary Standards, Frank D. Giorno
Loyola University Chicago Law Journal
No abstract provided.
Criminal Sentencing In Antitrust Cases, Mary Patricia Kerns
Criminal Sentencing In Antitrust Cases, Mary Patricia Kerns
Loyola University Chicago Law Journal
No abstract provided.
Miranda And The Burger Court: Trends And Countertrends, David Sonenshein
Miranda And The Burger Court: Trends And Countertrends, David Sonenshein
Loyola University Chicago Law Journal
No abstract provided.
Separation Of Powers And The Illinois Habitual Offender Act: Who Sentences The Habitual Criminal?, Terence J. Moran
Separation Of Powers And The Illinois Habitual Offender Act: Who Sentences The Habitual Criminal?, Terence J. Moran
Loyola University Chicago Law Journal
No abstract provided.
The Federal Speedy Trial Act: Stampede Into Ambush, 16 J. Marshall L. Rev. 27 (1982), Robert L. Doyel
The Federal Speedy Trial Act: Stampede Into Ambush, 16 J. Marshall L. Rev. 27 (1982), Robert L. Doyel
UIC Law Review
No abstract provided.
Survey Of Developments In West Virginia Law: 1981
Survey Of Developments In West Virginia Law: 1981
West Virginia Law Review
No abstract provided.
Entrapment, Shocked Consciences, And The Staged Arrest, Bennett L. Gershman
Entrapment, Shocked Consciences, And The Staged Arrest, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
This Article discusses the relatively spare and unsettled case law relating to the staged arrest, reflected primarily in United States v. Archer and Nigrone v. Murtagh. Part III of this Article examines the defense of entrapment, one of the most confusing and controversial legal doctrines, and its application to the staged arrest. Because the staged arrest ineluctably raises questions of offensive government conduct that neither constitutes unlawful entrapment nor invades any independent rights of citizens, part IV considers the analysis of courts that have invoked the due process clause to limit government investigations. In view of the failure of these …
Criminal Procedure - Speedy Trial Clause Not Applicable To Time Between Dismissal Of Military Charges And Subsequent Indictment On Civilian Charges, Frank Prior
Campbell Law Review
This note will analyze the Supreme Court's holding in United States v. MacDonald in view of the purposes of the speedy trial guarantee and consider possible alternatives to the drastic remedy of dismissal.
Federal Parole And Federal Sentencing: A Report On The Present And Some Thoughts For The Future, David J. Gottlieb
Federal Parole And Federal Sentencing: A Report On The Present And Some Thoughts For The Future, David J. Gottlieb
Loyola University Chicago Law Journal
No abstract provided.
Foreword, James P. Carey
Prosecutorial Vindictiveness And The Plea Bargaining Exception: Bordenkircher V. Hayes Four Years Later, Christine Schaack Mcgoey
Prosecutorial Vindictiveness And The Plea Bargaining Exception: Bordenkircher V. Hayes Four Years Later, Christine Schaack Mcgoey
Loyola University Chicago Law Journal
No abstract provided.
Criminal Sentencing Legislation Pending Before The Ninety-Seventh Congress, Timothy J. Frenzer
Criminal Sentencing Legislation Pending Before The Ninety-Seventh Congress, Timothy J. Frenzer
Loyola University Chicago Law Journal
No abstract provided.
Domestic Violence: Illinois Responds To The Plight Of The Battered Wife - The Illinois Domestic Violence Act, 16 J. Marshall L. Rev. 77 (1982), Mary Lou Boland
Domestic Violence: Illinois Responds To The Plight Of The Battered Wife - The Illinois Domestic Violence Act, 16 J. Marshall L. Rev. 77 (1982), Mary Lou Boland
UIC Law Review
No abstract provided.
Peremptory Challenges And The Clash Between Impartiality And Group Representation, Stephen A. Saltzburg, Mary Ellen Powers
Peremptory Challenges And The Clash Between Impartiality And Group Representation, Stephen A. Saltzburg, Mary Ellen Powers
Maryland Law Review
No abstract provided.
Criminal Procedure, The Burger Court, And The Legacy Of The Warren Court, Jerold H. Israel
Criminal Procedure, The Burger Court, And The Legacy Of The Warren Court, Jerold H. Israel
Book Chapters
During the 1960s, the Warren Court's decisions in the field of criminal procedure were strongly denounced by many prosecutors, police officers, and conservative politicians. Some of these critics were careful in their description of the Warren Court's record. Others let their strong opposition to several of the Court's more highly publicized decisions destroy their perception of the Court's work as a whole.
Subjective Or Objective - Ups And Downs Of The Test Of Criminal Liability In England, John C. Smith
Subjective Or Objective - Ups And Downs Of The Test Of Criminal Liability In England, John C. Smith
Villanova Law Review (1956 - )
No abstract provided.
Current Developments In Corrections And The Lawyer's Role At Sentencing, Walter Dickey
Current Developments In Corrections And The Lawyer's Role At Sentencing, Walter Dickey
Loyola University Chicago Law Journal
No abstract provided.
A Dissent From The Miranda Dissents: Some Comments On The 'New' Fifth Amendment And The Old 'Voluntariness' Test, Yale Kamisar
A Dissent From The Miranda Dissents: Some Comments On The 'New' Fifth Amendment And The Old 'Voluntariness' Test, Yale Kamisar
Book Chapters
If the several conferences and workshops (and many lunch conversations) on police interrogation and confessions in which I have participated this past summer are any indication, Miranda v. Arizona has evoked much anger and spread much sorrow among judges, lawyers and professors. In the months and years ahead, such reaction is likely to be translated into microscopic analyses and relentless, probing criticism of the majority opinion. During this period of agonizing appraisal and reappraisal, I think it important that various assumptions and assertions in the dissenting opinions do not escape attention.
Death-Qualification And The Fireside Induction, Robert M. Berry
Death-Qualification And The Fireside Induction, Robert M. Berry
University of Arkansas at Little Rock Law Review
No abstract provided.
Entrapment As A Due Process Defense: Developments After Hampton V. United States, Ted K. Yasuda
Entrapment As A Due Process Defense: Developments After Hampton V. United States, Ted K. Yasuda
Indiana Law Journal
No abstract provided.
Kentucky Law Survey: Criminal Procedure, William H. Fortune
Kentucky Law Survey: Criminal Procedure, William H. Fortune
Kentucky Law Journal
No abstract provided.
The Right To Defense Experts, Paul C. Giannelli
The Right To Defense Experts, Paul C. Giannelli
Faculty Publications
No abstract provided.
Supplementing The Functional Test Of Prosecutorial Immunity, Anthony J. Luppino
Supplementing The Functional Test Of Prosecutorial Immunity, Anthony J. Luppino
Faculty Works
No abstract provided.
The Political And Administrative History Of The U.S. Court Of Appeals For The Tenth Circuit, Arthur J. Stanley, Irma S. Russell
The Political And Administrative History Of The U.S. Court Of Appeals For The Tenth Circuit, Arthur J. Stanley, Irma S. Russell
Faculty Works
A history of the Tenth Circuit Court of Appeals, which was created by dividing the Eighth Circuit, the only time geographical boundaries had been altered since the present federal circuit court system was instituted in 1891.
Prison Overcrowding As Cruel And Unusual Punishment In Light Of Rhodes V. Chapman, Elizabeth F. Edwards, Nancy G. Lagow
Prison Overcrowding As Cruel And Unusual Punishment In Light Of Rhodes V. Chapman, Elizabeth F. Edwards, Nancy G. Lagow
University of Richmond Law Review
The prison population in the United States is experiencing a period of tremendous growth. Due to the inability of prison construction to keep pace with this growth, prison facilities throughout the country have become severely overcrowded. "The typical prison of the last third of the twentieth century has changed relatively little from the institutions of 150 years earlier." Inmates, forced to live under these conditions, have flocked to the courts seeking relief. Yet, until its 1981 decision in Rhodes v. Chapman, the United States Supreme Court had never reviewed a case in which particular prison conditions were challenged as constituting …
Prosecutorial Discretion And Discrimination In The Decision To Charge, Amy G. Applegate
Prosecutorial Discretion And Discrimination In The Decision To Charge, Amy G. Applegate
Articles by Maurer Faculty
No abstract provided.