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Articles 1291 - 1320 of 1378
Full-Text Articles in Entire DC Network
Lawmaking And Public Opinion Research: The President And Patrick Caddell, Hans Zeisel
Lawmaking And Public Opinion Research: The President And Patrick Caddell, Hans Zeisel
Articles
No abstract provided.
Optimal Sentences For White-Collar Criminals, Richard A. Posner
Optimal Sentences For White-Collar Criminals, Richard A. Posner
Articles
Those concerned by the growth of white-collar crime disagree over the choice of a fine or imprisonment as the more appropriate sentence. In this article, Professor Posner argues that a sufficiently large fine is an equally effective deterrent that is cheaper to administer and therefore socially preferable.
The Decision To File Federal Criminal Charges: A Quantitative Study Of Prosecutorial Discretion, Richard Frase
The Decision To File Federal Criminal Charges: A Quantitative Study Of Prosecutorial Discretion, Richard Frase
Articles
No abstract provided.
Criminal Procedure In Alaska, Jeff M. Feldman
Criminal Procedure In Alaska, Jeff M. Feldman
Articles
Two years ago this review published an article which reviewed search and seizure law in Alaska. Because the local barand bench seem to have found that article to be useful, it appeared worthwhile to put together a similar review of the remainder of Alaska's law of criminal procedure. Like its predecessor, this article will review and analyze the law of criminal procedure in Alaska, isolating those areas in which the Alaska Legislature or the Alaska Supreme Court has departed from the prevailing approach to procedure in criminal cases and predicting probable outcomes to procedural issues still unresolved in Alaska.
Bail Revisited, Hans Zeisel
Plea Bargaining And Its History, Albert W. Alschuler
Book Review (Reviewing Charles L. Silberman, Criminal Violence, Criminal Justice (1978)), Albert W. Alschuler
Book Review (Reviewing Charles L. Silberman, Criminal Violence, Criminal Justice (1978)), Albert W. Alschuler
Articles
No abstract provided.
Brown V. Board Of Education Was The Beginning - The School Desegregation Cases In The United States Supreme Court: 1954-1979, Philip B. Kurland
Brown V. Board Of Education Was The Beginning - The School Desegregation Cases In The United States Supreme Court: 1954-1979, Philip B. Kurland
Articles
No abstract provided.
Government By Judiciary, Philip B. Kurland
Land Without Plea Bargaining: How The Germans Do It, John H. Langbein
Land Without Plea Bargaining: How The Germans Do It, John H. Langbein
Articles
No abstract provided.
In Pursuit Of Excellence -- A History Of The University Of Minnesota Law School, Part Iv: The Pirsig Years -- A Time Of Transition, Robert Stein
Articles
When Everett Fraser retired as Dean of the University of Minnesota Law School in June of 1948, he left to his successor a school ripe for change. The length and the strength of DeanFraser's administration,togetherwith the dramaticeffects of World WarII on the size and atmosphereof the school, had stifled the articulation andresolutionofseveralproblems.In theyearsfollowingFraser's retirement and the War's conclusion, issues long muted began to surface and developments long postponed began to require atten- tion. Through his seven-year administration,the new dean, May- nard E. Pirsig,preserved the school's traditionof excellence in its faculty and curriculum, while the groundwork was laid for the diffi- …
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 …
Active Rationality In Judicial Review, Richard Delgado
Wigmore's "Legal Novels" Expanded: A Collaborative Effort, Richard H. Weisberg, Karen L. Kretschman
Wigmore's "Legal Novels" Expanded: A Collaborative Effort, Richard H. Weisberg, Karen L. Kretschman
Articles
The article updates and expands John H. Wigmore's 1908 list of "legal novels," categorizing literary works based on their legal themes and interactions with the law. The authors argue that literature provides a critical lens for understanding legal principles, procedures, and their societal impact, emphasizing the importance of interdisciplinary approaches to legal scholarship.
Sentencing Reform And Prosecutorial Power: A Critique Of Recent Proposals For 'Fixed' And 'Presumptive' Sentencing, Albert Alschuler
Sentencing Reform And Prosecutorial Power: A Critique Of Recent Proposals For 'Fixed' And 'Presumptive' Sentencing, Albert Alschuler
Articles
No abstract provided.
Continental Criminal Procedure: Myth And Reality, John H. Langbein, Lloyd L. Weinreb
Continental Criminal Procedure: Myth And Reality, John H. Langbein, Lloyd L. Weinreb
Articles
No abstract provided.
The Criminal Trial Before The Lawyers, John H. Langbein
The Criminal Trial Before The Lawyers, John H. Langbein
Articles
No abstract provided.
Torture And Plea Bargaining, John H. Langbein
Torture And Plea Bargaining, John H. Langbein
Articles
In this essay I shall address the modem American system of plea bargaining from a perspective that must appear bizarre, although I hope to persuade you that it is illuminating. I am going to contrast plea bargaining with the medieval European law of torture. My thesis is that there are remarkable parallels in origin, in function, and even in specific points of doctrine, between the law of torture and the law of plea bargaining. I shall suggest that these parallels expose some important truths about how criminal justice systems respond when their trial procedures fall into deep disorder.
United States Ratification Of The Human Rights Covenants, David Weissbrodt
United States Ratification Of The Human Rights Covenants, David Weissbrodt
Articles
On October 5, 1977, President Carter signed the International Covenant on Economic, Social and Cultural Rights, I and the Interna- tional Covenant on Civil and Political Rights.2 On that day, the Presi- dent promised to promptly transmit the two treaties to the Senate for ratification. In so doing, he drew a parallel between the "lofty standard of liberty and equality" embodied in the American Declara- tion of Independence and the principles of international human rights reflected in the United Nations Charter. 3
Reference Of Juvenile Offenders For Adult Prosecution: The Legislative Alternative To Asking Unanswerable Questions, Barry C. Feld
Reference Of Juvenile Offenders For Adult Prosecution: The Legislative Alternative To Asking Unanswerable Questions, Barry C. Feld
Articles
DRAWING ON SOCIAL SCIENCE RESEARCH AND EMPIRICAL EVALUATIONS OF JUDICIAL WAIVER ADMINISTRATION IN MINNESOTA AND ELSEWHERE, IT IS ARGUED THAT JUDICIAL WAIVER STATUTES REQUIRE JUVENILE COURTS TO MAKE INDIVIDUALIZED DETERMINATIONS AS TO A YOUTH'S AMENABILITY TO TREATMENT AND THE DANGER TO SOCIETY POSED BY THE YOUTH'S RETENTION WITHIN THE JUVENILE SYSTEM THAT, USING CURRENT METHODS OF CLINICAL PREDICTION, SIMPLY CANNOT BE MADE WITH AN ACCEPTABLE DEGREE OF ACCURACY. HOWEVER, IT IS BELIEVED THAT ACTUARIAL METHODS BASED ON PRESENT OFFENSE AND PAST RECORD CAN BE USED TO IDENTIFY IN ROUGH TERMS THOSE JUVENILES LIKELY TO RECIDIVATE AND, ACCORDINGLY, POSE A THREAT …
A Response To Professor Dressler, Richard Delgado
Is The Exclusionary Rule An 'Illogical' Or 'Unnatural' Interpretation Of The Fourth Amendment?, Yale Kamisar
Is The Exclusionary Rule An 'Illogical' Or 'Unnatural' Interpretation Of The Fourth Amendment?, Yale Kamisar
Articles
More than 50 years have passed since the Supreme Court decided the Weeks case, barring the use in federal prosecutions of evidence obtained in violation of the Fourth Amendment, and the Silverthorne case, invoking what has come to be known as the "fruit of the poisonous tree" doctrine. The justices who decided those cases would, I think, be quite surprised to learn that some day the value of the exclusionary rule would be measured by-and the very life of the rule might depend on-an empirical evaluation of its efficacy in deterring police misconduct. These justices were engaged in a less …
Brewer V. Williams, Massiah And Miranda: What Is 'Interrogation'? When Does It Matter?, Yale Kamisar
Brewer V. Williams, Massiah And Miranda: What Is 'Interrogation'? When Does It Matter?, Yale Kamisar
Articles
On Christmas Eve, 1968, a ten-year-old girl, Pamela Powers, disappeared while with her family in Des Moines, Iowa.2 Defendant Williams, an escapee from a mental institution and a deeply religious person, 3 was suspected of murdering her, and a warrant was issued for his arrest.4 Williams telephoned a Des Moines lawyer, McKnight, and on his advice surrendered himself to the Davenport, Iowa, police.5 Captain Learning and another Des Moines police officer arranged to drive the 160 miles to Davenport, pick up Williams, and return him directly to Des Moines. 6 Both the trial court 7 and the federal district court8 …
Ascription Of Criminal States Of Mind: Toward A Defense Theory For The Coercively Persuaded (Brainwashed) Defendant, Richard Delgado
Ascription Of Criminal States Of Mind: Toward A Defense Theory For The Coercively Persuaded (Brainwashed) Defendant, Richard Delgado
Articles
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
Articles
I start in Section I of this Article with an examination of the first major theme of the criminal procedure decisions of the Warren Court, the selective incorporation of Bill of Rights' guarantees into the due process clause of the fourteenth amendment. My conclusion is that the selective incorporation principle, which provided the doctrinal basis for many of the "liberal" decisions of the Warren Court, remains firmly established today under the Burger Court. Section II of the Article then analyzes the theme of equality and the role it played in Warren Court decisions in the criminal procedure area. It is …
Men Who Know They Are Watched: Some Benefits And Costs Of Jailing For Nonpayment Of Support, David L. Chambers
Men Who Know They Are Watched: Some Benefits And Costs Of Jailing For Nonpayment Of Support, David L. Chambers
Articles
Suppose that by some mysterious process the police in your town received each Monday a list of all the robberies and burglaries committed during the preceding week and the names of the persons who committed them. Suppose further that the list itself was admissible in evidence at trial and generally led to conviction. And suppose finally that persons considering committing offenses knew that the police had such a list and used it, relentlessly tracking down the miscreants named on it. Under such circumstances, one would probably expect that many potential offenders in the town with the magical list would resist …
The Most Lustrous Branch: Watergate And The Judiciary, Leon Jaworski
The Most Lustrous Branch: Watergate And The Judiciary, Leon Jaworski
Articles
Article by Leon Jaworski of Fulbright and Jaworski, former President of the American Bar Association (1971-72) and Watergate Special Prosecutor, regarding the duty of a lawyer in a publicly scrutinized trial. Document includes handwritten notes and was originally published in the Fordham Law Review.
The Effect Of Peremptory Challenges On Jury And Verdict: An Experiment In A Federal District Court, Hans Zeisel, Shari Seldman Diamond
The Effect Of Peremptory Challenges On Jury And Verdict: An Experiment In A Federal District Court, Hans Zeisel, Shari Seldman Diamond
Articles
No abstract provided.
Search For Sentencing Equity: Sentence Review In Massachusetts And Connecticut, Hans Zeisel, Shari Seldman Diamond
Search For Sentencing Equity: Sentence Review In Massachusetts And Connecticut, Hans Zeisel, Shari Seldman Diamond
Articles
Grievances and restlessness among convicted prisoners led to legislation-in 1943 in Massachusetts, in 1957 in Connecticut-establishing sentence review boards composed of three judges of the trial courts of first instance. The authors explore in these two jurisdictions bow often and under what circumstances sentences are appealed and modified and what effect, if any, these modifications have on the sentencing practice in the trial courts. They also appraise the value of the Connecticut requirement that the review board state the reasons for its decisions. The authors explore the function of the review boards in the broader context of the need for …