Digital Commons Network^™

The Victim And Witness Protection Act Of 1982: Retroactive Application For Continuing Crimes, Douglas J. Kepple

Fordham Law Review

No abstract provided.

The Reasonable Doubt Rule And The Meaning Of Innocence, Scott E. Sundby

Articles

No abstract provided.

Special Assessments And The Origination Clause: A Tax On Crooks?, Marie T. Farrelly

Fordham Law Review

No abstract provided.

Criminal Law, Edwin L. Turnage, David G. Hill, Stephanie A. Holmes, Elizabeth S. Moise, B. R. Smith Iii, Daniel J. Westbrook, Andrew E. Thomas, Robert Wilson Iii, A. M. Quattlebaum Jr., Jeanne M. Nystrom, James F. Rogers

South Carolina Law Review

No abstract provided.

Rico And Pattern: The Search For Continuity Plus Relationship , Micheal Goldsmith

Cornell Law Review

No abstract provided.

Consequences Of Federalizing Criminal Law, Roger J. Miner '56

Criminal Law

No abstract provided.

Investigative Detentions For Purposes Of Fingerprinting, David A. Schlueter

Faculty Articles

This article focuses on constitutional issues associated with fingerprinting suspects in investigative detention. Following a series of barracks larcenies, Naval Investigative Service (NIS) investigators fingerprinted approximately 100 servicemembers. All those ordered to report to the NIS office for fingerprinting had been present in the unit at the time of the offenses, and among those was the accused, who was later linked to the crime through his fingerprints. Before the accused reported to the NIS office there was no probable cause or reasonable suspicion to believe that he was in any way involved in the crimes. Were the fingerprints admissible?

United …

Standards For Organizational Probation: A Proposal To The United States Sentencing Commission, John C. Coffee Jr., Richard Gruner, Christopher D. Stone

Faculty Scholarship

This proposal was prepared by the authors in their capacities as consultants to the United States Sentencing Commission. It has not been adopted or endorsed by the Commission. If adopted, the proposal would constitute Part D(2) of the Sentencing Commission's Organizational Sentencing Guidelines (to be continued in Chapter 8 of the Commission's Guidelines Manual).

Victims In The Criminal Process: A Utilitarian Analysis Of Victim Participation In The Charging Decision, Sarah N. Welling

Law Faculty Scholarly Articles

Crime victims are currently being given the right to participate in criminal prosecutions at both the sentencing and plea bargaining stages. These are important steps in a criminal prosecution, but both the sentence and the plea bargain are dependent on the initial charging decision which determines what crime is to be prosecuted or whether there is to be any prosecution at all. As a prerequisite to both a plea bargain or a sentence, the charging decision is the crux of the prosecution.

Given the importance of the charging decision, and the fact that some jurisdictions have granted victims a right …

Review Essay. What Makes Rape A Crime?, Lynne N. Henderson

Articles by Maurer Faculty

No abstract provided.

State And Local Enforcement Of The Criminal Immigration Statutes And The Preemption Doctrine, Cecilia Renn

University of Miami Law Review

No abstract provided.

Mcnaghten Rules Ok? The Need For Revision Of The Automatism And Insanity Defenses In English Criminal Law, R. D. Mackay

Penn State International Law Review (1982 - 2011)

There has been a resurgence of interest in the codification of "craziness" both in the United States and in England. Most recent legislative reforms in the United States have followed in the wake of the jury's verdict in the Hinckley case, whilst in England renewed interest in revising the insanity defense has been prompted by a report to the Law Commission on the codification of the criminal law. The purpose of this article is first to briefly review relevant reforms in the United States; second to critically analyze the present legal position in England; third to discuss English reform proposals; …

Felony Murder And The Misdemeanor Of Attempted Escape: A Legislative Error In Search Of Correction, Peter J. Mcquillan

Fordham Urban Law Journal

This article argues that a legislative reconsideration of the New York felony murder doctrine is timely and essential. The author traces the origins of New York's felony murder statute and recent efforts to limit its scope. The author argues that the felony murder doctrine contravenes the modern philosophy of adjudication based on subjective factors such as mens rea, eroding the link between criminal liability and moral culpability.

Protecting Battered Women: A Proposal For Comprehensive Domestic Violence Legislation In New York, Lisa R. Beck

Fordham Urban Law Journal

This note proposes that New York implement a mandatory arrest policy for certain types of domestic violence. The author first examines New York's current methods of addressing domestic violence, including previous attempts at decriminalization, judicial remedies, and the effectiveness of orders of protection. The author then describes the issues of the current discretionary arrest policy. The note examines domestic violence legislation in other states, then proposes a comprehensive statutory scheme to address domestic violence in New York state.

Victim Participation In Plea Bargains, Sarah N. Welling

Law Faculty Scholarly Articles

There is a trend in the criminal law today to focus on the rights of victims. This trend has been manifested in actions by legislatures, courts, the President of the United States and others. Various programs have been implemented to ameliorate the crime victim's experience. For example, many states now provide compensation for victims, and victim/witness assistance programs have sprung up around the country. It has also been suggested that the victim's lot should be improved by granting them a right to participate in the prosecution of the defendant. This article examines whether victims should be accorded a right to …

Rico: The Crime Of Being A Criminal Parts Iii And Iv, Gerard E. Lynch

Faculty Scholarship

In the first portion of this study, we saw that the Supreme Court in its 1981 Turkette decision endorsed what was already the consensus view of the courts of appeals that a group of individuals associated in fact to pursue entirely illegitimate purposes could constitute a RICO enterprise. Prosecutions of such associations have quickly become the leading use of the statute. It can be reliably estimated that more than forty percent of the reported appellate cases involving RICO indictments concern prosecutions in which the alleged enterprise was such an illicit association. When the cases are classified by the nature of …

The Court-Ordered Predisposition Evaluation Under Washington's Juvenile Justice Act: A Violation Of The Privilege Against Self-Incrimination?—Wash. Rev. Code § 13.40, Judith H. Ramseyer

Seattle University Law Review

This Comment analyzes the significance of the principles animating the constitutional privilege against self-incrimination by first looking at the purposes of Washington’s Juvenile Justice Act; second, by examining the status of the privilege against self-incrimination during sentencing; and third, by applying the values protected by the privilege to the use of predisposition psychological evaluations in Washington juvenile courts.

Book Review. The Limits Of Liberalism: Wrong To Others, Patrick L. Baude

Articles by Maurer Faculty

No abstract provided.

Crime Talk, Rights Talk, And Double-Talk: Thoughts On Reading Encyclopedia Of Crime And Justice (Review Essay), Michael E. Tigar

Faculty Scholarship

No abstract provided.

Counsel's Control Over Defense Strategy, Jerold H. Israel

Law Quadrangle (formerly Law Quad Notes)

editor's note: The article that follows is a condensation of a section of Criminal Procedure, a hornbook co-authored by Professor Israel and Wayne R. Lafave, and published by West Publishing Co. in 1985. That hornbook, in turn, is a condensation of the authors' three-volume treatise by the same title.

Prior to Faretta, a long line of cases had held that defense counsel had the authority to make various defense decisions on his own initiative. These decisions, commonly characterized as relating to matters of "strategy" or "tactics," were said to be within the "exclusive province" of the lawyer. Counsel had no …

Victims And Witnesses: New Concerns In The Criminal Justice System, Roger J. Miner '56

Criminal Law

No abstract provided.

The Guilty But Mentally Ill Verdict: An Idea Whose Time Should Not Have Come, Christopher Slobogin

Vanderbilt Law School Faculty Publications

The guilty but mentally ill verdict has received increasing attention. Several states had already passed or were seriously considering legislation establishing a guilty but mentally ill verdict before John Hinckley's 1982 acquittal vaulted the idea into national prominence. Today at least twelve states have adopted some version of the verdict and perhaps twenty others have considered or are considering similar statutes.

Yet despite the popularity of the guilty but mentally ill scheme, the American Bar Association's Criminal Justice Mental Health Standards, the American Psychiatric Association Statement on the Insanity Defense,' and the National Mental Health Association's Commission on the Insanity …

Reflections Of An Octogenarian On Criminal Law And Criminology, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Acceptance Of Partial Verdicts As A Safeguard Against Double Jeopardy, Mary S. O'Keefe

Fordham Law Review

No abstract provided.

The Wrongs Of Victim's Rights, Lynne N. Henderson

Articles by Maurer Faculty

No abstract provided.

Applying Wainright V. Sykes To State Alternative Holdings And Summary Affirmances, James W. Dobbins

Fordham Law Review

No abstract provided.

Criminal Law, Ronald Tate Jr., Robert C. Byrd, Jan S. Simmons

South Carolina Law Review

No abstract provided.

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

Quaderni Di Scienze Criminali: The Penal Protection of Works of Art. Edited by the International Institute of Higher Studies in Criminal Sciences. Siracusa, Italy: The International Institute of Higher Studies in Criminal Sciences, 1983. Pp. 447.

Japanese Business Law and the Legal System. By Elliott J. Hahn. Westport, Connecticut and London, England: Quorum Books, 1984. Pp. vii, 168. $35.00.

The Exchange Rate System: Lessons of the Past and Options for the Future. Edited by Ellas H. Wright. Washington, D.C.: International Monetary Fund, 1984. Pp. vii, 55. $7.50.

The International Maritime Organization. Edited by Samie Mandrabody. London: Croom Helm Ltd., 1984. …

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

Point of Final Loading and Routing is Place of Shipment for Purposes of Valuing Lost Cargo; Private Carrier's Both-to-Blame Clause is Enforceable---Allseas Maritime, S.A. v. M/V Mimosa, 574 F. Supp. 844 (S.D. Tex. 1983).

LAND-BASED NEGLIGENCE CAUSING AN AIRPLANE CRASH IN INTERNATIONAL WATERS FALLS WITHIN ADMIRALTY JURISDICTION--Miller v. United States, 18 Av. CAS. (CCH) 17,912 (11th Cir. 1984).

FREIGHT FORWARDER WHO BREACHES A FIDUCIARY DUTY TO HIS SHIPPER VIOLATES THE WIRE FRAUD STATUTE--United States v. Armand Ventura, 724 F.2d 305 (2d Cir. 1983).

IN PERSONAM JURISDICTION OBTAINED BY ATTACHMENT OF PROPERTY IS DIFFERENT FROM IN REM JURISDICTION--Belcher Co. v. MIV …

Protecting Society And Defendants Too: The Constitutional Dilemma Of Mental Abnormality And Intoxication Defenses, Susan F. Mandiberg

Fordham Law Review

No abstract provided.