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How Reasonable Is The Reasonable Man?: Police And Excessive Force, Geoffrey P. Alpert, William C. Smith Jan 1994

How Reasonable Is The Reasonable Man?: Police And Excessive Force, Geoffrey P. Alpert, William C. Smith

Faculty Publications

The authority of the police to use force represents one of the most misunderstood powers granted to representatives of government. Police officers are authorized to use both psychological and physical force to apprehend criminals and solve crimes. This Article focuses on issues of physical force. After a brief introduction and a review of current legal issues in the use of force, the Article discusses "reasonableness" and the unrealistic expectation which is placed on police to understand, interpret, and follow vague "reasonableness" guidelines. Until the expectations and limitations on the use of force are clarified, in behavioral terms, police officers will …


The Anonymous Jury: Jury Tampering By Another Name?, Gerald F. Uelmen, Ephraim Margolin Jan 1994

The Anonymous Jury: Jury Tampering By Another Name?, Gerald F. Uelmen, Ephraim Margolin

Faculty Publications

No abstract provided.


Turning Girls Into Women: Re-Evaluating Modern Statutory Rape Law, Michelle Oberman Jan 1994

Turning Girls Into Women: Re-Evaluating Modern Statutory Rape Law, Michelle Oberman

Faculty Publications

No abstract provided.


Justice Thurgood Marshall And The Death Penalty: A Former Criminal Defense Lawyer On The Supreme Court, Gerald F. Uelmen Jan 1994

Justice Thurgood Marshall And The Death Penalty: A Former Criminal Defense Lawyer On The Supreme Court, Gerald F. Uelmen

Faculty Publications

No abstract provided.


A Punitive Damages Overview: Functions, Problems And Reform, David G. Owen Jan 1994

A Punitive Damages Overview: Functions, Problems And Reform, David G. Owen

Faculty Publications

No abstract provided.


Alternative Penal Sanctions, Paul Marcus Jan 1994

Alternative Penal Sanctions, Paul Marcus

Faculty Publications

No abstract provided.


Criminal Discovery In Oklahoma: A Call For Legislative Action, Rodney J. Uphoff Oct 1993

Criminal Discovery In Oklahoma: A Call For Legislative Action, Rodney J. Uphoff

Faculty Publications

This article first explores the Allen decision and the extent to which Allen changed the law of criminal discovery in Oklahoma. Next, the article examines some of the theoretical and practical problems with the Allen procedures as well as the efforts of the Oklahoma Court of Criminal Appeals to address some of the troublesome questions generated by Allen. Finally, the article discusses the need to replace the Allen provisions with a legislative framework that facilitates pretrial access to information and minimizes “trial ambush,” but without compromising the fair and efficient operation of the adversary system.


Big Mother: The State's Use Of Mental Health Experts In Dependency Cases, George J. Alexander Apr 1993

Big Mother: The State's Use Of Mental Health Experts In Dependency Cases, George J. Alexander

Faculty Publications

No abstract provided.


Virtues (And Limits) Of Shared Values: The Fourth Amendment And Miranda's Concept Of Custody, Richard A. Williamson Apr 1993

Virtues (And Limits) Of Shared Values: The Fourth Amendment And Miranda's Concept Of Custody, Richard A. Williamson

Faculty Publications

Miranda only protects suspects who the police subject to custodial interrogation. The concept of custody is tethered to the Fifth Amendment privilege against self-incrimination; thus, to render a suspect in custody, law enforcement officials must subject the suspect to a compelling environment that tends to undermine that privilege. In this article, Professor Richard A. Williamson examines the application of Miranda to Terry stops. He reviews the impact of the Beheler and Berkemer decisions, which held that suspects who officials stop based on reasonable suspicion, as opposed to suspects who officials arrest, are not entitled to Miranda warnings. Professor Williamson generally …


Battered Woman Syndrome, Paul C. Giannelli Jan 1993

Battered Woman Syndrome, Paul C. Giannelli

Faculty Publications

No abstract provided.


“Junk Science”: The Criminal Cases, Paul C. Giannelli Jan 1993

“Junk Science”: The Criminal Cases, Paul C. Giannelli

Faculty Publications

No abstract provided.


The Constitutional Right To Defense Experts, Paul C. Giannelli Jan 1993

The Constitutional Right To Defense Experts, Paul C. Giannelli

Faculty Publications

No abstract provided.


Rethinking Indigent Defense: Promoting Effective Representation Through Consumer Sovereignty And Freedom Of Choice For All Criminal Defendants, David D. Friedman, Stephen J. Schulhofer Jan 1993

Rethinking Indigent Defense: Promoting Effective Representation Through Consumer Sovereignty And Freedom Of Choice For All Criminal Defendants, David D. Friedman, Stephen J. Schulhofer

Faculty Publications

No abstract provided.


Community Lawyering [Review Essay], Angelo N. Ancheta Jan 1993

Community Lawyering [Review Essay], Angelo N. Ancheta

Faculty Publications

No abstract provided.


Protecting Privilege: Race, Residence And Rodney King, Margalynne J. Armstrong Jan 1993

Protecting Privilege: Race, Residence And Rodney King, Margalynne J. Armstrong

Faculty Publications

No abstract provided.


Leslie H. Abramson - A Career Perspective, Gerald F. Uelmen, Stephen H. Sutro Jan 1993

Leslie H. Abramson - A Career Perspective, Gerald F. Uelmen, Stephen H. Sutro

Faculty Publications

No abstract provided.


Creating An Appetite For Appellate Reform In California, Gerald F. Uelmen Jan 1993

Creating An Appetite For Appellate Reform In California, Gerald F. Uelmen

Faculty Publications

No abstract provided.


Civil Justice Reform Act Advisory Group Report For The District Of South Dakota, David Day Jan 1993

Civil Justice Reform Act Advisory Group Report For The District Of South Dakota, David Day

Faculty Publications

No abstract provided.


Prosecutorial Immunity: The Response To Prenatal Drug Use, Margaret P. Spencer Jan 1993

Prosecutorial Immunity: The Response To Prenatal Drug Use, Margaret P. Spencer

Faculty Publications

No abstract provided.


What Military Criminal Law Can Teach Us: A United States Perspective, Donald N. Zillman Jan 1993

What Military Criminal Law Can Teach Us: A United States Perspective, Donald N. Zillman

Faculty Publications

A quarter century ago, any comparative criminal law in the United States tended to treat the federal criminal justice system as the model for other systems (state, military, Indian tribal). The fifty state systems handled the vast majority of criminal cases. They were reforming both their adherence to federal constitutional protections for the accused and their administrative organization. Criminal justice had become a large volume business and old "horse and buggy'' practices could not keep up with the workload.


Criminal Justice Reforms In The United States, Paul Marcus Jan 1993

Criminal Justice Reforms In The United States, Paul Marcus

Faculty Publications

No abstract provided.


Book Review Of Race, Law, And American History, 1700-1990, Davison M. Douglas Jan 1993

Book Review Of Race, Law, And American History, 1700-1990, Davison M. Douglas

Faculty Publications

No abstract provided.


The Legal Profession, Legal Education, And Change, Robert H. Jerry Ii Jan 1992

The Legal Profession, Legal Education, And Change, Robert H. Jerry Ii

Faculty Publications

The accounts of how the legal profession has changed in recent years are as abundant as the changes themselves. The common message is clear: the magnitude of change is immense, and the pace is unprecedented.


The Control Of Pregnancy And The Criminalization Of Femaleness, Michelle Oberman Jan 1992

The Control Of Pregnancy And The Criminalization Of Femaleness, Michelle Oberman

Faculty Publications

No abstract provided.


Hong Kong's Basic Law: The Path To 1997, Paved With Pitfalls, Anna M. Han Jan 1992

Hong Kong's Basic Law: The Path To 1997, Paved With Pitfalls, Anna M. Han

Faculty Publications

No abstract provided.


Victims' Rights In California, Gerald F. Uelmen Jan 1992

Victims' Rights In California, Gerald F. Uelmen

Faculty Publications

No abstract provided.


Scientific Evidence In Criminal Prosecutions, Paul C. Giannelli Jan 1992

Scientific Evidence In Criminal Prosecutions, Paul C. Giannelli

Faculty Publications

No abstract provided.


When First Amendment Values And Competition Policy Collide: Resolving The Dilemma Of Mixed-Motive Boycotts, Kay P. Kindred Jan 1992

When First Amendment Values And Competition Policy Collide: Resolving The Dilemma Of Mixed-Motive Boycotts, Kay P. Kindred

Faculty Publications

No abstract provided.


Collection Development Policy: Academic Library, St. Mary's University, Margaret Sylvia Jan 1992

Collection Development Policy: Academic Library, St. Mary's University, Margaret Sylvia

Faculty Publications

A revised edition of the original collection development policy for the Academic Library (now the Louis J. Blume Library) published in ERIC. This guide spells out the collection development policy of the library of St. Mary's University in San Antonio, Texas. The guide is divided into the following five topic areas: (1) introduction to the community served, parameters of the collection, cooperation in collection development, and priorities of the collection; (2) considerations in collection development, including maintaining the collection, gifts, bibliographic instruction, circulation, and intellectual freedom; (3) selection of materials, including responsibility for selection, selection aids, and criteria for selection …


Judicial Matters, Neal Devins Jan 1992

Judicial Matters, Neal Devins

Faculty Publications

No abstract provided.