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Organised Resistance, Terrorism And Criminality In Ireland: The State's Construction Of The Control Equation, Mark Findlay

Research Collection Yong Pung How School Of Law

Despite the reality of partition that created "two Irelands," comparative analysis of the state's reactions to terrorism in the Province and in the Republic is rare. The struggle over reunification, which permeates society on both sides of the border, is usually viewed by the populist press not from the Irish viewpoint, but rather from the perspective of the British government. Given this bias, organized resistance -- most notably in the North of Ireland -- is represented as an assault on a majority-supported state. Because the legitimacy of the state under attack is rarely questioned, and the motivations for the resistance …

Sentencing Antitrust Offenders: Reconciling Economic Theory With Legal Theory, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

This Article evaluates two different economic models of criminal law as applied to the enforcement of antitrust laws. The author argues that economic models which propose antitrust punishment be limited to fines and then to fines that are levied against only business entities, are deficient because they account for only the general deterrent effect of punishment and include a value of criminal benefit for the offender, a value not shared by society. He presents, as an alternative, a model that accounts for benefits afforded by incarceration such as the signaling of what is a criminal offense, changes in the criminal's …

United States V. Leon, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Strickland V. Washington, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Press-Enterprise Co. V. Superior Court Of California, Riverside County, Lewis F. Powell Jr

Supreme Court Case Files

No abstract provided.

The Utility Of Recklessness, Willard D. Lorensen

West Virginia Law Review

No abstract provided.

Note: Probation Revocation In Maryland: The Effect Of Nonfinal And Reversed Criminal Convictions

Maryland Law Review

No abstract provided.

Legal Assistance In Criminal Cases And Some Important Questions Of Extradition, Valery Shupilov

Case Western Reserve Journal of International Law

No abstract provided.

Nonadversarial Justice: The French Experience, Edward A. Tomlinson

Maryland Law Review

No abstract provided.

Criminal Law, Robert L. Widener, Susan O. Mcnamee, Randall H. Johnson, Laura C. Hart, Robert W. Hayes Jr., Wendy B. Harvey, R. K. Porth

South Carolina Law Review

No abstract provided.

Pretrial Procedure Under The Massachusetts Rules Of Criminal Procedure, Eric D. Blumenson, Eva Nilsen

Faculty Scholarship

The Massachusetts Rules of Criminal Procedure became effective on July 1, 1979. While many of their provisions helpfully codify previously existing practice and case law, the Rules have in some areas effected a major transformation of criminal procedure. This article examines the changes wrought by the Rules in the pretrial arena, with emphasis on those areas that remain somewhat unfamiliar to the practitioner or untested against constitutional challenge in the courts. While the Rules appear to have done an admirable job of simplifying and rationalizing the criminal trial process, their emphasis on mutuality and reciprocity have in some cases created …

Foreword, G. Michael Mccrossin,

Vanderbilt Law Review

One of the primary goals of the American criminal justice system is to protect the civil liberties of accused persons while at the same time ensuring the security of citizens' persons and property. Recently, some people have begun to argue that the pursuit of these dual purposes has resulted in a dangerous imbalance, and that our criminal justice system now focuses far too heavily on the rights of the accused. These people have perceived an alarming upswing in the incidence of violent crime and have attributed that upswing to a breakdown in the legal profession's administration of the criminal law.

Criminal Law: The Missing Element In Sentencing Reform, Michael H. Tonry

Vanderbilt Law Review

The thesis of this Article is that the substantive criminal law is the missing element in sentencing reform. If comprehensive sentencing reform strategies are to have lasting effect, legislatures must reintroduce the criminal law to the sentencing process. This step will require a rekindled interest in a moral analysis of the substantive criminal law and the enactment of greatly reduced statutory sentence maximums, along with more conventional institutional changes to structure discretion and increase official accountability.

Objections to American sentencing procedures range from the principled to the practical. Part II of this Article summarizes the basic objections that have influenced …

Socialist Legalism: Reform And Continuity In Post-Mao People's Republic Of China, Hungdah Chiu

Maryland Series in Contemporary Asian Studies

No abstract provided.

The Texas Court Of Criminal Appeals: A Modest Critique Of Appellate Decisionmaking, J. Thomas Sullivan

Law Faculty Scholarship

No abstract provided.

The Morality Of Means: Some Problems In Criminal Sanctions, Francis A. Allen

Law Quadrangle (formerly Law Quad Notes)

This article is based on the Louis Caplan Lecture delivered by Prof. Allen on April 10, 1981, at the University of Pittsburgh School of Law. The full text of the lecture, and accompanying footnotes, will be published in the Pittsburgh Law Review.

In moments of exasperation , one may be tempted to misapply Mark Twain 's comment about the weather and complain that everyone talks about criminal justice, _but no one does anything about it. Sober second thought qmckly reveals, however, that the statement is not literally or even substantially true . Since the eighteenth-century Enlightenment much has been done, …

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South Carolina Law Review

No abstract provided.

Juror Safety: The Presumption Of Innocence And Meaningful Voir Dire In Federal Criminal Prosecutions - Are They Endangered Species?, Abraham Abramovsky

Fordham Law Review

No abstract provided.

Multiple Objective Conspiracies: The Effect Of Stromberg V. California, Clare Sherwood

Fordham Law Review

No abstract provided.

The Assault On The Citadel Of Privilege Proceeds Apace: The Unreasonableness Of Law Office Searches, Pamela Gurfein

Fordham Law Review

No abstract provided.

The Obligation To Work, Lawrence C. Becker

Philosophy Faculty Scholarship

No abstract provided.

The Jurisprudence Of Larceny:An Historical Inquiry And Interest Analysis, Kathleen F. Brickey

Vanderbilt Law Review

This Article tenders such a reconstruction and develops the theory that ownership, rather than possession, was the legal interest protected by common-law larceny. The theory is derived from analysis of the content of early theft law and the procedural forms through which property rights were vindicated.

Police Interrogation And Confessions, Yale Kamisar

Law Quadrangle (formerly Law Quad Notes)

Excerpts taken from and based on Professor Kamisar's introduction to his book Police Interrogation and Confessions: Essays in Law and Policy (University of Michigan Press, 1980).These essays, written over two decades, constitute an historical overview of the Supreme Court's efforts to deal with the police interrogation-confessions problem from preMirando days to the present time and provide provocative analyses of the issues that have confronted the Court along the way.

Before deciding to publish a collection of Kamisar's essays on confessions, the University of Michigan Press asked for evaluations from two of the current leading writers on the subject, Professor Joseph …

Criminal Law, Ernest R. Reeves Jr., Patricia M. Sabalis

South Carolina Law Review

No abstract provided.

Proposal For Determinate Sentencing In New York: The Effect On An Offender's Due Process Rights, John D. Winter

Fordham Urban Law Journal

This Note examines the differences between indeterminate sentencing, the goal of which is rehabilitative, and determinate sentencing. It looks at the constitutional and procedural safeguards due to prisoners at sentencing. Finally, the Note looks at legislation introduced in New York and its proposals for changing the sentencing procedures.

Why Substantive Criminal Law - A Dialogue, Sanford H. Kadish

Cleveland State Law Review

In this dialogue, I have tried to address criticisms of the substantive criminal law, as a course and as a subject matter, made by a number of my students over several decades of teaching the subject. In away it is rather personal since it consists of the criticisms of my students and my apologia for what I have tried to do. That, however, would hardly be worth doing unless it is the case, as I believe it is, that these criticisms are widespread and that my responses speak to what is generally done in criminal law courses in this country.

Why Substantive Criminal Law - A Dialogue, Sanford H. Kadish

Cleveland State Law Review

In this dialogue, I have tried to address criticisms of the substantive criminal law, as a course and as a subject matter, made by a number of my students over several decades of teaching the subject. In away it is rather personal since it consists of the criticisms of my students and my apologia for what I have tried to do. That, however, would hardly be worth doing unless it is the case, as I believe it is, that these criticisms are widespread and that my responses speak to what is generally done in criminal law courses in this country.

Foreword, James W. Ely, Terry Calvani

Vanderbilt Law Review

In the hope of giving some direction for a regional approach to the legal past of the South, Vanderbilt Law School, with the generous assistance of the University Research Council, sponsored a two-day Symposium on this important topic in the spring of 1978 and invited leading scholars to participate. Principal papers by Richard Maxwell Brown, Maxwell H. Bloomfield, Robert M. Ireland, A. E. Keir Nash, and Robert J. Haws and Michael V. Namorato discussed diverse aspects of southern legal history.

Book Review: H. Fingarette & A. Fingarette Hasse, Mental Disabilities And Criminal Responsibilities, John Q. La Fond

Seattle University Law Review

Whether mental illness and related impairments in the human psyche should affect an individual's criminal responsibilityfor law-breaking behavior has always provoked intense andwide-ranging debate. This debate clearly reflects society's lack of consensus concerning the appropriateness and scope of considering mental impairment in assessing individual criminal responsiblility. Thus, it is not unexpected that recently proposals to abolish the insanity defense have been seriously suggested or that noted scholars have urged society to place the disposition of mentally ill offenders in the exclusive hands of experts. That this heated discussion continues unabated should come as no surprise, since legal doctrines which excuse …

Criminal Law, James C. Gray Jr.

South Carolina Law Review

No abstract provided.