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Articles 5281 - 5310 of 5712
Full-Text Articles in Entire DC Network
Criminal Appellate Procedure-Conflict Of Laws- State Right To Appeal In A Criminal Case Removed To Federal Court-Arizona V. Manypenny, 608 F.2d 1197 (9th Cir. 1979).
BYU Law Review
No abstract provided.
Roberts V. United States, Lewis F. Powell Jr.
Roberts V. United States, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Gannett Co. V. Depasquale, 99 S. Ct. 2898 (1979), Margot Pequignot
Gannett Co. V. Depasquale, 99 S. Ct. 2898 (1979), Margot Pequignot
Florida State University Law Review
Criminal Procedure-FAIR TRIAL-CONSTITUTION DOES NOT GRANT AN AFFIRMATIVE RIGHT OF ACCESS TO A PRETRIAL PROCEEDING WHEN ALL PARTICIPANTS AGREE IT SHOULD BE CLOSED TO PROTECT DEFENDANT'S FAIR TRIAL RIGHTS
Plea Bargaining: A Necessary Evil, Nancy Mcdonough
Plea Bargaining: A Necessary Evil, Nancy Mcdonough
University of Arkansas at Little Rock Law Review
No abstract provided.
The United States Sentencing Commission: A Constitutional Delegation Of Congressional Power, William C. Potter Ii
The United States Sentencing Commission: A Constitutional Delegation Of Congressional Power, William C. Potter Ii
Indiana Law Journal
No abstract provided.
Plea Bargaining: Is Contract Law Or Constitutional Law The Governing Principle, Herman Lewis Sloan
Plea Bargaining: Is Contract Law Or Constitutional Law The Governing Principle, Herman Lewis Sloan
North Carolina Central Law Review
No abstract provided.
Disposition Of A Federal Criminal Case When Defendant Dies Pending Appeal, Lori R. Dickerman
Disposition Of A Federal Criminal Case When Defendant Dies Pending Appeal, Lori R. Dickerman
University of Michigan Journal of Law Reform
This article discusses the way in which courts historically have disposed of such cases and the apparent change recently introduced by the United States Supreme Court. After an examination of the ramifications of the new and old rules, certain changes in current practice are recommended which will better serve the interests of the deceased, his survivors, and society as a whole.
The Defendant's Right To Independent Analysis Of The Breathalyzer Ampoule: The Probable Virginia Response, Anita L. Zuckerman
The Defendant's Right To Independent Analysis Of The Breathalyzer Ampoule: The Probable Virginia Response, Anita L. Zuckerman
William & Mary Law Review
No abstract provided.
Compensating Victims Of Crime: Evolving Concept Or Dying Theory, Kathleen V. Duffield
Compensating Victims Of Crime: Evolving Concept Or Dying Theory, Kathleen V. Duffield
West Virginia Law Review
No abstract provided.
Joint Trials Of Defendants In Criminal Cases: An Analysis Of Efficiencies And Prejudices, Robert O. Dawson
Joint Trials Of Defendants In Criminal Cases: An Analysis Of Efficiencies And Prejudices, Robert O. Dawson
Michigan Law Review
Legislatures and courts, in weighing the relative advantages of joint and separate trials, have unreasonably struck a balance in favor of joint trials. The strongest justification traditionally offered for joint trials is efficiency. This Article shows that courts have greatly exaggerated the supposed efficiencies of joint trials while grossly underestimating the impediments joint trials pose to fair and accurate determinations of individual guilt or innocence. The propriety of joint trials is more than a question of efficiencies. Joint trials usually, although not always, help the prosecutor to get convictions, and thereby modify the balance of advantage in criminal trials. Disputes …
The Rules Of Evidence In Preliminary Hearings In Virginia, Charles E. Friend
The Rules Of Evidence In Preliminary Hearings In Virginia, Charles E. Friend
William & Mary Law Review
No abstract provided.
Substantive And Procedural Aspects Of The Right To Effective Assistance Of Counsel, Irene M. Keeley
Substantive And Procedural Aspects Of The Right To Effective Assistance Of Counsel, Irene M. Keeley
West Virginia Law Review
In an earlier era trial courts perceived their responsibility regarding the quality of legal assistance to be limited to the appointment of reputable counsel. Unless the circumstances were exceptional, judges confronted with a lack of adequate representation for a defendant "papered over" the problem either because they feared a flood of frivolous claims or because they were reluctant to upset the finality of criminal convictions. Even today, when a growing number of courts have formulated a more stringent sixth amendment standard for judging counsel effectiveness, there remains a judicial reluctance to recognize the fundamental nature of the right to effective …
Privacy And The Presentence Report, William P. Mclauchlan
Privacy And The Presentence Report, William P. Mclauchlan
Indiana Law Journal
No abstract provided.
Burdening The Fifth Amendment: Toward A Presumptive Barrier Theory, Mark Berger
Burdening The Fifth Amendment: Toward A Presumptive Barrier Theory, Mark Berger
Faculty Works
Judging how heavily the state may burden the decision to exercise or forego the fifth amendment privilege against self-incrimination is a concededly problematic undertaking. Nevertheless, the formulation of a standard is essential to ensure principled decision making. Unfortunately, however, the Supreme Court has thus far avoided the task. The decisions from the Warren era suggest in very broad language that any burden on the exercise of the right to remain silent is forbidden, while more recent rulings have barred only those penalties automatically imposed for assertions of the privilege. Neither extreme, however, represents a satisfactory resolution of the conflicting interests …
Due Process Limitations On Prosecutorial Discretion In Re-Charging Defendants: Pearce To Blackledge To Bordenkircher, Donald C. Smaltz
Due Process Limitations On Prosecutorial Discretion In Re-Charging Defendants: Pearce To Blackledge To Bordenkircher, Donald C. Smaltz
Washington and Lee Law Review
No abstract provided.
Analysis Of Alternatives To Incarceration For Non-Violent Offenders: A Progressive Approach To Correctional Procedure., Cynthia M. Scaglione
Analysis Of Alternatives To Incarceration For Non-Violent Offenders: A Progressive Approach To Correctional Procedure., Cynthia M. Scaglione
St. Mary's Law Journal
Abstract Forthcoming.
The Exclusionary Rule In Parole Revocation Hearings : Deterring Official Infringement Of Parolees' Fourth Amendment Rights, Billy Glenn Dupree Jr.
The Exclusionary Rule In Parole Revocation Hearings : Deterring Official Infringement Of Parolees' Fourth Amendment Rights, Billy Glenn Dupree Jr.
BYU Law Review
No abstract provided.
Book Review: A Theory Of Criminal Justice, James R. Elkins
Book Review: A Theory Of Criminal Justice, James R. Elkins
West Virginia Law Review
No abstract provided.
State Constitutional Guarantees And Protection Of Defendants' Rights: The Case Of New York, 1960-1978, Peter J. Galie
State Constitutional Guarantees And Protection Of Defendants' Rights: The Case Of New York, 1960-1978, Peter J. Galie
Buffalo Law Review
No abstract provided.
Plea Bargaining Reexamined (Review Of Milton Heumann, Plea Bargaining: The Experiences Of Prosecutors, Judges, And Defense Attorneys), Lynn M. Mather
Plea Bargaining Reexamined (Review Of Milton Heumann, Plea Bargaining: The Experiences Of Prosecutors, Judges, And Defense Attorneys), Lynn M. Mather
Book Reviews
No abstract provided.
Virginia's Insanity Defense: Reform Is Imperative, William C. Waddell Iii
Virginia's Insanity Defense: Reform Is Imperative, William C. Waddell Iii
University of Richmond Law Review
Virginia is no exception to the statement that a great deal of time and energy has been expended by writers in addressing the defense ofinsanity. Unfortunately, instead of generating some notable reform, this fact has served to desensitize the legislators, the legal profession, and the public in this controversial area. In view of the current knowledge in the field of psychiatry, the approach for implementing the insanity defense in Virginia courts is not satisfactory.
Sentencing In Criminal Cases: How Great The Need For Reform?, Anthony P. Giorno
Sentencing In Criminal Cases: How Great The Need For Reform?, Anthony P. Giorno
University of Richmond Law Review
For many years, the sentencing process of the criminal justice system sought to achieve four goals: deterrence, rehabilitation, incapacitation of the offender, and retribution for society and the victim. The achievement of these goals was implemented in the majority of jurisdictions through imposition of an indeterminate sentence and discretionary release by an administrative body-traditionally a parole board. This approach allowed courts to announce relatively long sentences as a deterrent to future criminal behavior and to placate the victim and society, but tempered the punishment by allowing early release on an individual basis as soon as the offender had been rehabilitated.
Determinate Sentencing: The Promises And Perils Of Sentence Guidelines, David Crump
Determinate Sentencing: The Promises And Perils Of Sentence Guidelines, David Crump
Kentucky Law Journal
No abstract provided.
Plea Bargaining: The Experiences Of Prosecutors, Judges, And Defense Attorneys By Milton Heumann, John Barkai
Plea Bargaining: The Experiences Of Prosecutors, Judges, And Defense Attorneys By Milton Heumann, John Barkai
Kentucky Law Journal
No abstract provided.
The Exclusionary Rule In Historical Perspective: The Struggle To Make The Fourth Amendment More Than 'An Empty Blessing', Yale Kamisar
The Exclusionary Rule In Historical Perspective: The Struggle To Make The Fourth Amendment More Than 'An Empty Blessing', Yale Kamisar
Articles
In the 65 years since the Supreme Court adopted the exclusionary rule, few critics have attacked it with as much vigor and on as many fronts as did Judge Malcolm Wilkey in his recent Judicature article, "The exclusionary rule: why suppress valid evidence?" (November 1978).
A Defense Of The Exclusionary Rule, Yale Kamisar
A Defense Of The Exclusionary Rule, Yale Kamisar
Articles
The exclusionary rule is being flayed with increasing vigor by a number of unrelated sources and with a variety of arguments. Some critics find it unworkable and resort to empirically based arguments. Others see it as the product of a belated and unwarranted judicial interpretation. Still others, uncertain whether the rule works, are confident that in some fashion law enforcement's hands are tied. Professor Yale Kamisar, long a defender of the exclusionary rule, reviews the current attacks on the rule and offers a vigorous rebuttal. He finds it difficult to accept that there is a line for acceptable police conduct …
Plea Bargaining: The Experiences Of Prosecutors, Judges, And Defense Attorneys, James E. Bond
Plea Bargaining: The Experiences Of Prosecutors, Judges, And Defense Attorneys, James E. Bond
Faculty Articles
James E. Bond reviews Heuman’s Plea Bargaining: The Experiences of Prosecutors, Judges, and Defense Attorneys.
Introduction To Blackstone Volume Iv, Thomas A. Green
Introduction To Blackstone Volume Iv, Thomas A. Green
Other Publications
The final volume of Blackstone's Commentaries sets forth a·lucid survey of crime and criminal procedure informed by those propositions concerning English law and the relations between man and state that characterize the entire work. Perhaps no area of the law so tested Blackstone's settled and complacent views as did the criminal law, particularly the large and growing body of statutory capital crimes. In the end, Blackstone failed to demonstrate that English criminal law reflected a coherent set of principles, but his intricate and often internally contradictory attempt nevertheless constitutes a classic description of that law, and can still be read …
Multiple Representation And Conflicts Of Interest In Criminal Cases, Peter W. Tague
Multiple Representation And Conflicts Of Interest In Criminal Cases, Peter W. Tague
Georgetown Law Faculty Publications and Other Works
Conflicts of interest resulting from multiple representation in criminal cases impose heavy burdens on all the participants in the criminal justice system. Although the Supreme Court in Holloway v. Arkansas refused to hold that joint representation is unconstitutional per se, it recently approved Proposed Rule of Criminal Procedure 44(c), which would require trial courts to protect a defendant's right to counsel in this situation. After discussing the current approaches of the courts to the problems presented by joint representation, Professor Tague analyzes the proposed rule. He criticizes the proposed rule for its failure to define the role of the trial …