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Articles 1321 - 1350 of 1378
Full-Text Articles in Entire DC Network
Organically Induced Behavioral Change In Correctional Institutions: Release Decisions And The New Man Phenomenon, Richard Delgado
Organically Induced Behavioral Change In Correctional Institutions: Release Decisions And The New Man Phenomenon, Richard Delgado
Articles
No abstract provided.
Mondale On Mapp, Yale Kamisar
Mondale On Mapp, Yale Kamisar
Articles
Any judicial reversal of the Mapp rule threatens to have just the opposite effect. Law enforcement officials are likely to treat a decision that illegally obtained evidence may be admitted into state criminal trials as though that were a practical suspension of the constitutional rules as to lawful arrest, search, and seizure. They are likely to feel that once again "the judiciary is okaying it." With the smell of revelations of FBI "black-bag jobs" and intelligence agency abuses still in the air, is this how we want the Court to contribute to the atmosphere of police practices as we enter …
Trial-Type Ceremonies And Defendant Behavior: 'Moralizing' And 'Cooling In' In An Eviction Setting, Richard O. Lempert
Trial-Type Ceremonies And Defendant Behavior: 'Moralizing' And 'Cooling In' In An Eviction Setting, Richard O. Lempert
Articles
This study uses hearing transcripts to examine judge-defendant interaction in a trial-type setting. The setting is a public housing eviction hearing; judges are eviction board members and defendants are tenants facing eviction for non-payment of rent. All tenants in the sample were formally evicted, but in each case the execution of the eviction order was stayed on the condition that the tenant pay his rent. Two forms of verbal interaction are identified. The first, “moralizing” is deemed present when one or more board members directs a degrading remark toward the tenant. The second, “cooling in” is deemed present when one …
Fred E. Inbau: 'The Importance Of Being Guilty', Yale Kamisar
Fred E. Inbau: 'The Importance Of Being Guilty', Yale Kamisar
Articles
As fate would have it, Fred Inbau graduated from law school in 1932, the very year that, "for practical purposes the modern law of constitutional criminal procedure [began], with the decision in the great case of Powell v. Alabama."1 In "the 'stone age' of American criminal procedure,"2 Inbau began his long fight to shape or to retain rules that "make sense in the light of a policeman's task,"3 more aware than most that so long as the rules do so, "we will be in a stronger position to insist that [the officer] obey them."4
The Trial Judge's Role In Plea Bargaining, Part I, Albert Alschuler
The Trial Judge's Role In Plea Bargaining, Part I, Albert Alschuler
Articles
No abstract provided.
The Jury Selection In The Mitchell-Stans Conspiracy Trial, Hans Zeisel, Shari Seldman Diamond
The Jury Selection In The Mitchell-Stans Conspiracy Trial, Hans Zeisel, Shari Seldman Diamond
Articles
No abstract provided.
Book Review (Reviewing Paul W. Bamford, Fighting Ships And Prisons: The Mediterranean Galleys Of France In The Age Of Louis Xiv (1973)), John H. Langbein
Book Review (Reviewing Paul W. Bamford, Fighting Ships And Prisons: The Mediterranean Galleys Of France In The Age Of Louis Xiv (1973)), John H. Langbein
Articles
No abstract provided.
Some Non-Religious Views Against Proposed 'Mercy-Killing' Legislation Part I, Yale Kamisar
Some Non-Religious Views Against Proposed 'Mercy-Killing' Legislation Part I, Yale Kamisar
Articles
In essence, Williams' specific proposal is that death be authorized for a person in the above situation "by giving the medical practitioner a wide discretion and trusting to his good sense." This, I submit, raises too great a risk of abuse and mistake to warrant a change in the existing law. That a proposal entails risk of mistake is hardly a conclusive reason against it. But neither is it irrelevant. Under any euthanasia program the consequences of mistake, of course, are always fatal. As I shall endeavor to show, the incidence of mistake of one kind or another is likely …
The Jury And The English Law Of Homicide, 1200-1600, Thomas A. Green
The Jury And The English Law Of Homicide, 1200-1600, Thomas A. Green
Articles
The early English jury was self-informing and composed of persons supposed to have first-hand knowledge of the events and persons in question. The judge instructed the jury on the law, but was himself almost entirely dependent upon the jury for his knowledge of the case. By stating the evidence in a way that made the result it wanted a necessary conclusion, the medieval jury was able to alter the impact of formal rules of law to conform with prevailing social attitudes.
Transcript Of Conference Proceedings, Lester Brickman, Richard O. Lempert
Transcript Of Conference Proceedings, Lester Brickman, Richard O. Lempert
Articles
The transcript examines the challenges and opportunities in improving legal services delivery to middle-class consumers, emphasizing the need for structural changes and enhanced client-lawyer interactions. It advocates for a shift from merely increasing the number of lawyers to empowering clients through better problem definition, shared decision-making, and measurable outcomes. The discussion highlights the importance of understanding legal needs, the role of intermediaries, and the potential of alternative dispute resolution mechanisms. Cost-effectiveness, the impact of third-party payments, and the integration of paralegals are also central themes.
The Supreme Court, The Defense Attorney, And The Guilty Plea, Albert Alschuler
The Supreme Court, The Defense Attorney, And The Guilty Plea, Albert Alschuler
Articles
No abstract provided.
The Economic Approach To Law, Richard A. Posner
Sentencing Councils: A Study Of Sentence Disparity And Its Reduction, Hans Zeisel, Shari Seldman Diamond
Sentencing Councils: A Study Of Sentence Disparity And Its Reduction, Hans Zeisel, Shari Seldman Diamond
Articles
No abstract provided.
Minority Students And The Legal Curriculum: An Experiment At Berkeley Symposium: Minority Rights, Richard Delgado
Minority Students And The Legal Curriculum: An Experiment At Berkeley Symposium: Minority Rights, Richard Delgado
Articles
No abstract provided.
Legislative Regulation Of Searches And Seizures: The Michigan Proposals, Jerold H. Israel
Legislative Regulation Of Searches And Seizures: The Michigan Proposals, Jerold H. Israel
Articles
IN March 1971, the Michigan Bar Commissioners appointed a twenty-five-member committee with a directive "to promulgate a recommended revision of the Code of Criminal Procedure codifying existing statutory and case law provisions which, in the judgment of the Committee, should be retained and adding thereto such provisions as the Committee, in its judgment, deems warranted; and to incorporate such recommendations into proposed legislation for submission to the Legislature."' The committee membership included judges, prosecutors, legislators, criminal defense lawyers, law school professors, and representatives of Michigan police and corrections agencies.2 Judge Horace Gilmore served as Chairman, and I served as Reporter.
Kauper's 'Judicial Examination Of The Accused' Forty Years Later—Some Comments On A Remarkable Article, Yale Kamisar
Kauper's 'Judicial Examination Of The Accused' Forty Years Later—Some Comments On A Remarkable Article, Yale Kamisar
Articles
For a long time before Professor Paul Kauper wrote "Judicial Examination of the Accused" in 1932, and for a long time thereafter, the "legal mind" shut out the de facto inquisitorial system that characterized American criminal procedure. Paul Kauper could not look away. He recognized the "naked, ugly facts" (p. 1224) and was determined to do something about them -more than thirty years before Escobedo v. Illinois' or Miranda v. Arizona.2
Controlling Prosecutorial Discretion In Germany, John H. Langbein
Controlling Prosecutorial Discretion In Germany, John H. Langbein
Articles
No abstract provided.
The Defense Attorney's Role In Plea Bargaining, Albert Alschuler
The Defense Attorney's Role In Plea Bargaining, Albert Alschuler
Articles
No abstract provided.
The New Supreme Court, Philip B. Kurland
United States V. Nixon: Who Killed Cock Robin, Philip B. Kurland
United States V. Nixon: Who Killed Cock Robin, Philip B. Kurland
Articles
No abstract provided.
Convincing Empirical Evidence On The Six Member Jury, Hans Zeisel, Shari Seldman Diamond
Convincing Empirical Evidence On The Six Member Jury, Hans Zeisel, Shari Seldman Diamond
Articles
No abstract provided.
Reflections On Experimental Techniques In The Law, Hans Zeisel
Reflections On Experimental Techniques In The Law, Hans Zeisel
Articles
No abstract provided.
Hans, Harry Kalven Jr.
College Searches And Seizures: Students, Privacy, And The Fourth Amendment, Richard Delgado
College Searches And Seizures: Students, Privacy, And The Fourth Amendment, Richard Delgado
Articles
No abstract provided.
The Fourth Amendment As A Way Of Talking About People: A Study Of Robinson And Matlock, James Boyd White
The Fourth Amendment As A Way Of Talking About People: A Study Of Robinson And Matlock, James Boyd White
Articles
One way to regard what the Supreme Court has done in the cases it has decided under the Fourth Amendment is to say that it has created a specialized discourse of adjudication, a language in which it can talk about and dispose of the repeated conflicts that arise between an officer engaged in the process of crime control and a citizen upon whose freedom or security he intrudes. The events which bring these two figures together are bewildering in their variety and complexity, and the claims on each side are deeply felt and strenuously made. It has not been easy …
The New Supreme Court, Philip B. Kurland
Underprivileged Communications: Extension Of The Psychotherapist-Patient Privilege To Patients Of Psychiatric Social Workers Comments, Richard Delgado
Underprivileged Communications: Extension Of The Psychotherapist-Patient Privilege To Patients Of Psychiatric Social Workers Comments, Richard Delgado
Articles
No abstract provided.
Courtroom Misconduct By Prosecutors And Trial Judges, Albert W. Alschuler
Courtroom Misconduct By Prosecutors And Trial Judges, Albert W. Alschuler
Articles
As courtroom disruption became a national issue in the late 1960's, public attention focused primarily on the conduct of the criminal defense attorney and his client. Professor Alschuler examines the courtroom misconduct of prosecutors and trial judges both as it relates to disruptive behavior by defendants and defense attorneys and as it poses a threat in its own right to the orderly administration of justice.
How To Use, Abuse—And Fight Back With—Crime Statistics, Yale Kamisar
How To Use, Abuse—And Fight Back With—Crime Statistics, Yale Kamisar
Articles
Statistics have an almost magical appeal in a "fact"-minded culture such as ours, among a people conditioned and accustomed to watch for-and attach great significance to-even the smallest fluctuations in say, the unemployment rate. Hence, as Darrell Huff graphically demonstrated in his famous little book, How to Lie with Statistics (1954), they can be-and have been-manipulated to terrorize or calm, inflate or depreciate, and above all, to sensationalize and over simplify. As Harvard criminologist Lloyd Ohlin noted recently, statistics are especially potent when "they give a sense of solid reality (usually false) to something people vaguely apprehend and when they …
An Historical Analysis Of The 1968 Indian Civil Rights Act, Donald L. Burnett Jr.
An Historical Analysis Of The 1968 Indian Civil Rights Act, Donald L. Burnett Jr.
Articles
No abstract provided.