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Articles 5221 - 5250 of 5712
Full-Text Articles in Entire DC Network
Babies Behind Bars: Should Incarcerated Mothers Be Allowed To Keep Their Newborns With Them In Prison?, Donna L. Brodie
Babies Behind Bars: Should Incarcerated Mothers Be Allowed To Keep Their Newborns With Them In Prison?, Donna L. Brodie
University of Richmond Law Review
Society's traditional approach to women offenders has been focused on "women as prisoners and not.., prisoners as women." Harsh implications for female offenders who are mothers can result from the view that incarceration not only curtails the prisoner's freedom of movement but also terminates many of the individual's civil rights as well. In reality, these women are doubly penalized with a prison sentence as well as temporary or permanent loss of their parental rights. Modern courts are beginning to recognize that "[a] prisoner retains all of the rights of an ordinary citizen except those expressly, or by necessary implication, taken …
Sentencing By Mathematics, William D. Rich, L Paul Sutton, Michael J. Saks, Todd R. Clear
Sentencing By Mathematics, William D. Rich, L Paul Sutton, Michael J. Saks, Todd R. Clear
Akron Law Faculty Publications
In Sentencing by Mathematics, Rich, Sutton, Saks, and Clear critically examine the growing interest in applying quantitative methods to criminal sentencing. The authors analyze proposals to use mathematical models and predictive algorithms in judicial decision-making to improve consistency, reduce disparities, and make sentencing more objective. They discuss the potential benefits of structured, data-driven sentencing, such as transparency and efficiency, but also raise concerns about oversimplification, loss of judicial discretion, and the ethical implications of basing punishment on statistical probabilities. The article ultimately explores the tension between individualized justice and systemic fairness, questioning whether mathematical models can adequately capture the complexity …
On Recognizing Variations In State Criminal Procedure, Jerold H. Israel
On Recognizing Variations In State Criminal Procedure, Jerold H. Israel
Articles
Everyone recognizes that the laws governing criminal procedure vary somewhat from state to state. There is often a tendency, however, to underestimate the degree of diversity that exists. Even some of the most experienced practitioners believe that aside from variations on some minor matters, such as the number of peremptory challenges granted, and variation on a few major items, such as the use of the grand jury, the basic legal standards governing most procedures are approximately the same in a large majority of states. I have seen varied evidence of this misconception in practitioner discussions of law reform proposals, particularly …
Expansion Of Arrest Power: A Key To Effective Intervention, Lisa G. Lerman
Expansion Of Arrest Power: A Key To Effective Intervention, Lisa G. Lerman
Scholarly Articles
No abstract provided.
The Business Papers Rule: Personal Privacy And White Collar Crime, John S. Applegate
The Business Papers Rule: Personal Privacy And White Collar Crime, John S. Applegate
Articles by Maurer Faculty
No abstract provided.
Legal Aspects Of Prison Riots, Ira Robbins
Legal Aspects Of Prison Riots, Ira Robbins
Scholarly Articles in Law Reviews & Journals
Introduction: Riots are a recurrent phenomenon in American prisons. In the 1950s and the early 1970s, major riots erupted in prisons across the country, and many have occurred in the past several years.' Riots will continue to occur as long as the dominant function of prisons is the custodial confinement of inmates. As one commentator explains, "The way to make a strong bomb is to build a strong perimeter and generate pressure inside. Similarly, riots occur where ... pressures and demands are generated in the presence of strong custodial confinement." When such a bomb detonates and a prison riot erupts, …
Eddings V. Oklahoma, Lewis F. Powell Jr.
Eddings V. Oklahoma, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Liability For Parole Decisionmaking: The Absence Of Discretion In The Parole Process, Robert F. Polglase
Liability For Parole Decisionmaking: The Absence Of Discretion In The Parole Process, Robert F. Polglase
Mercer Law Review
In Payton v. United States, the Fifth Circuit Court of Appeals held that the United States was liable under the Federal Tort Claims Act, for the parole of a federal prisoner who, following release, murdered plaintiff's wife. The court concluded that such parole decisionmaking did not come within the discretionary function exemption of the Federal Tort Claims Act (FTCA).
United States V. Di Francesco: Court Upholds State Initiated Sentence Appeals, Thomas Michael Hackel
United States V. Di Francesco: Court Upholds State Initiated Sentence Appeals, Thomas Michael Hackel
Mercer Law Review
In United States v. Di Francesco, the Supreme Court upheld a statute that allowed the government to seek, through an appeal, an increase of the sentence imposed by the trial court. The Court found that the statute did not violate the protections of the double jeopardy clause against multiple trials and multiple punishment. The question of state initiated appeals assumes further significance when it is considered that proposed revisions of the Federal Criminal Code include wider implementation of sentence appeals by the state.
Griffin V. California: Still Viable After All These Years, Craig M. Bradley
Griffin V. California: Still Viable After All These Years, Craig M. Bradley
Michigan Law Review
In a recent article in the Michigan Law Review, Donald Ayer levels a series of attacks on the Griffin decision. Specifically, he maintains that the decision is at once too broad, because it requires "almost automatic reversal where there are any remarks explicitly focused on the defendant's silence and the inference of guilt to be drawn from it" regardless of the strength of the prosecution's case, and too narrow, because it fails to prevent the natural prejudice against the nontestifying defendant that may arise in the minds of the jurors without any encouragement from prosecutor or judge. Ayer also …
Reflections On Alfred Hill's "Testimonial Privilege And Fair Trial", Peter Westen
Reflections On Alfred Hill's "Testimonial Privilege And Fair Trial", Peter Westen
University of Michigan Journal of Law Reform
I have learned a great deal from "Testimonial Privilege and Fair Trial"-as I always do from Professor Hill's work. Indeed, he has changed my way of thinking in this area in several important respects. At the same time, I come to rather different conclusions than he regarding each of his three major topics. Part I of this article examines the problem of finding a "remedy" for testimonial privileges that violate a defendant's right to a fair trial. Part II discusses the problem of determining when a defendant is entitled to assert that the "right" has been violated. Finally, Part III …
Summer V. Mata: Twilight's Last Gleaming For Federal Habeas Corpus Review Of State Court Convictions - Speculations On The Future Of The Great Writ, Jason G. Reynolds
Summer V. Mata: Twilight's Last Gleaming For Federal Habeas Corpus Review Of State Court Convictions - Speculations On The Future Of The Great Writ, Jason G. Reynolds
University of Arkansas at Little Rock Law Review
No abstract provided.
Evidence Obtained By Unlawful Police Conduct Shall Not Be Excluded If The Government Establishes The Conduct Resulted From A Reasonable, Good Faith Belief That It Was Proper., John W. Berry
St. Mary's Law Journal
Abstract Forthcoming.
Confessions And The Court, Stephen J. Schulhofer
Confessions And The Court, Stephen J. Schulhofer
Michigan Law Review
A Review of Police Interrogation and Confessions: Essays in Law and Policy by Yale Kamisar
Book Review: A Theory Of Criminal Justice By Jan Corecki. New York: Columbia University Press. 1979. Pp. Xv, 185. $15.00., Ira Robbins
Book Reviews
Review of A Theory of Criminal Justice by Jan Corecki. New York: Columbia University Press. 1979. Pp. xv, 185. $15.00.
The Use Of Expert Services By Privately Retained Criminal Defense Attorneys, Roberta Rosenthal Kwall
The Use Of Expert Services By Privately Retained Criminal Defense Attorneys, Roberta Rosenthal Kwall
Loyola University Chicago Law Journal
No abstract provided.
Retrial After A Hung Jury: The Double Jeopardy Problem, Janet E. Findlater
Retrial After A Hung Jury: The Double Jeopardy Problem, Janet E. Findlater
Law Faculty Research Publications
No abstract provided.
Havens, Jenkins, And Salvucci, And The Defendant's "Right" To Testify, Craig M. Bradley
Havens, Jenkins, And Salvucci, And The Defendant's "Right" To Testify, Craig M. Bradley
Articles by Maurer Faculty
Three recent Supreme Court opinions that enlarge the scope of permissible impeachment may substantially influence the criminal defendant's decision whether to take the stand. In this article, Professor Bradley evaluates the current status of the defendant's "right" to testify, assesses the impact of these cases on that right, and offers cogent advice on effective strategies for practitioners.
Griffin V. California: Still Viable After All These Years, Craig M. Bradley
Griffin V. California: Still Viable After All These Years, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
The "Perjury Trap", Bennett L. Gershman
The "Perjury Trap", Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
It is the aim of the present Article, first, to explore the boundaries of legitimate grand jury interrogation as it bears on the subject of perjury and, second, to formulate guidelines that strike a balance between the needs of the investigatory process and the rights of witnesses.
Judge Frankel And The Adversary System, William T. Pizzi
Judge Frankel And The Adversary System, William T. Pizzi
Publications
No abstract provided.
Perils Of The Rulemaking Process: The Development, Application, And Unconstitutionality Of Rule 804(B)(3)'S Penal Interest Exception, Peter W. Tague
Perils Of The Rulemaking Process: The Development, Application, And Unconstitutionality Of Rule 804(B)(3)'S Penal Interest Exception, Peter W. Tague
Georgetown Law Faculty Publications and Other Works
As the culmination of a decade of rulemaking, in 1975 Congress enacted the Federal Rules of Evidence, which include in rule 804(b)(3) an exception to the hearsay rule that allows federal courts to admit statements against penal interest. Having reviewed previously unpublished memoranda and nonpublic tape recordings of the deliberations of the Advisory and Standing Committees to the Judicial Conference and the Special Subcommittee on Reform of Federal Criminal Laws of the House Judiciary Committee, Professor Tague explores the development of rule 804(b)(3), one of the more controversial rules that emerged from that rulemaking process. After analyzing rule 804(b)(3) and …
Prosecutorial Discovery: An Overview, Harry G. Deitzler, Susan Klimas, Walt Auvil
Prosecutorial Discovery: An Overview, Harry G. Deitzler, Susan Klimas, Walt Auvil
West Virginia Law Review
No abstract provided.
Criminal Trials In Absentia: A Proposed Reform For Indiana, Myra L. Willis
Criminal Trials In Absentia: A Proposed Reform For Indiana, Myra L. Willis
Indiana Law Journal
No abstract provided.
Defending Conspiracy Cases: Mission Impossible?, Paul Marcus
Defending Conspiracy Cases: Mission Impossible?, Paul Marcus
Popular Media
Defending conspiracy cases has never been an easy task. There were days in which joint trials of 20, 30, 40, or even 50 defendants were not uncommon, creating insuperable problems for defense lawyers. Even though large joint-defendant trials are not as common today, several problems remain, particularly in light of the frequent use of the conspiracy charge at the federal level. In this article I will discuss some of the recent issues which create special difficulties for criminal defense lawyers. With regard to these issues, there is, as some would say, good news and bad news.
Interrogation Without Questions: Rhode Island V. Innis And United States V. Henry, Welsh S. White
Interrogation Without Questions: Rhode Island V. Innis And United States V. Henry, Welsh S. White
Michigan Law Review
In Rhode Island v. Innis, the Court defined "interrogation" within the meaning of Miranda; and in United States v. Henry, it defined "deliberate elicitation" within the meaning of Massiah. This article explores the implications of Innis and Henry, suggests readings of the new tests consistent with their purposes, and applies the tests to several situations where the scope of the fifth and sixth amendment protections remains unclear.
An Application Of Double Jeopardy And Collateral Estoppel Principles To Successive Prison Disciplinary And Criminal Prosecutions, Joseph S. Colussi
An Application Of Double Jeopardy And Collateral Estoppel Principles To Successive Prison Disciplinary And Criminal Prosecutions, Joseph S. Colussi
Indiana Law Journal
No abstract provided.
Mandatory Life Imprisonment Under Texas Recidivist Statute Not Violative Of Eighth Amendment When Applied To One Convicted Of Three Non-Violent, Property-Related Felonies., Patricia E. Rant
St. Mary's Law Journal
Abstract Forthcoming.
The Fuller Court And State Criminal Process Threshold Of Modern Limitations On Government, William F. Duker
The Fuller Court And State Criminal Process Threshold Of Modern Limitations On Government, William F. Duker
BYU Law Review
No abstract provided.
Commentary--The Federal Criminal Code Reform Act And New Sentencing Alternatives, Edward M. Kennedy
Commentary--The Federal Criminal Code Reform Act And New Sentencing Alternatives, Edward M. Kennedy
West Virginia Law Review
No abstract provided.