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Criminal procedure

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Race And Criminal Justice, Richard B. Collins Jan 1997

Race And Criminal Justice, Richard B. Collins

Publications

No abstract provided.


The Role Of Criminal Law In Policing Corporate Misconduct, Gerard E. Lynch Jan 1997

The Role Of Criminal Law In Policing Corporate Misconduct, Gerard E. Lynch

Faculty Scholarship

In the early 1990s, I spent a couple of years as Chief of the Criminal Division in the Office of the U.S. Attorney for the Southern District of New York. One of my principal responsibilities was to hear "appeals" from defense lawyers, usually, although not exclusively, in white collar crime cases. These lawyers felt that their clients should not be indicted, or that the plea offer they had received from the prosecutor in charge of the case was unduly severe. Sometimes their arguments were essentially factual contentions that the government had the wrong take on the evidence – that the …


Having It Both Ways: Proof That The U.S. Supreme Court Is "Unfairly" Prosecution-Oriented, Christopher Slobogin Dec 1996

Having It Both Ways: Proof That The U.S. Supreme Court Is "Unfairly" Prosecution-Oriented, Christopher Slobogin

Vanderbilt Law School Faculty Publications

If the assertions that this essay makes about the Court's "unfair" prosecution-orientation withstand scrutiny," two further conclusions might follow. First, the highest court in the country is so fixated on ensuring that a particular side wins that it is willing with some frequency to sacrifice the most basic attribute of any court worthy of the name-the appearance of fairness. This conclusion is a much more fundamental challenge to the Court's integrity than is the simple acknowledgement that a majority of the Justices are biased in favor of the government. Second, to the extent the Court's unfairness becomes common knowledge, its …


Criminal Discovery And Psychological Defenses In West Virginia: Squeezing A Lemon Or Kicking A Dog, J. Robert Russell Sep 1996

Criminal Discovery And Psychological Defenses In West Virginia: Squeezing A Lemon Or Kicking A Dog, J. Robert Russell

West Virginia Law Review

No abstract provided.


Criminal Protection Orders In Domestic Violence Cases: Getting Rid Of Rats With Snakes, Christopher R. Frank Jul 1996

Criminal Protection Orders In Domestic Violence Cases: Getting Rid Of Rats With Snakes, Christopher R. Frank

University of Miami Law Review

No abstract provided.


The Federalism Pendulum, Ronald J. Bacigal Apr 1996

The Federalism Pendulum, Ronald J. Bacigal

West Virginia Law Review

No abstract provided.


Federalism And The Judicial Function: A Cutting Edge Amidst Professions Of Restraint, Donald E. Lively Apr 1996

Federalism And The Judicial Function: A Cutting Edge Amidst Professions Of Restraint, Donald E. Lively

West Virginia Law Review

No abstract provided.


The Federalism Pendulum, Ronald J. Bacigal Apr 1996

The Federalism Pendulum, Ronald J. Bacigal

Law Faculty Publications

Following Franklin's example, this essay takes a protracted view of the federalization of criminal procedure. It is important to review how the federalism pendulum has swung over the years to reflect concepts of what the Constitution was meant to mean, what it has come to mean, and what it ought to mean.


Searches, Seizures, Confessions, And Some Thoughts On Criminal Procedure: Regulation Of Police Investigation -- Legal, Historical, Empirical, And Comparative Materials, Daniel B. Yeager Jan 1996

Searches, Seizures, Confessions, And Some Thoughts On Criminal Procedure: Regulation Of Police Investigation -- Legal, Historical, Empirical, And Comparative Materials, Daniel B. Yeager

Faculty Scholarship

Criminal procedure casebooks densely populate the market but rarely are reviewed. In Criminal Procedure: Regulation of Police Investigation-Legal, Historical, Empirical, and Comparative Materials, Christopher Slobogin copes with the anxiety of influence by writing a different sort of text. Simply put, the book is outwardly somewhat homely. Aesthetics aside, the book is mostly excellent and astonishingly so for a first edition. As the subtitle promises, the book has something for everyone: historians, empiricists, comparativists, theoreticians, case-crunchers, and practitioners. This review essay tracks the book's crowning achievement-the refreshing and inventive "perspectives" chapter that opens the book. The essay then reflects on …


New Federalism And Constitutional Criminal Procedure: Are We Repeating The Mistakes Of The Past?, James W. Diehm Jan 1996

New Federalism And Constitutional Criminal Procedure: Are We Repeating The Mistakes Of The Past?, James W. Diehm

Maryland Law Review

No abstract provided.


The Warren Court And Criminal Justice, Yale Kamisar Jan 1996

The Warren Court And Criminal Justice, Yale Kamisar

Book Chapters

Many commentators have observed that when we speak of "the Warren Court," we mean the Warren Court that lasted from 1962 (when Arthur Goldberg replaced Felix Frankfurter) to 1969 (when Earl Warren retired). But when we speak of the Warren Court's "revolution" in American criminal procedure we mean the Warren Court that lasted from 1961 (when the landmark case of Mapp v. Ohio was decided) to 1966 or 1967. In its final years, the Warren Court was not the same Court that had handed down Mapp or Miranda.


Punishment And Procedure: A Different View Of The American Criminal Justice System, William T. Pizzi Jan 1996

Punishment And Procedure: A Different View Of The American Criminal Justice System, William T. Pizzi

Publications

No abstract provided.


Bargaining About Future Jeopardy, Daniel Richman Jan 1996

Bargaining About Future Jeopardy, Daniel Richman

Faculty Scholarship

The debate about how much protection criminal defendants should have against successive prosecutions has generally been conducted in the context of how to interpret the Double Jeopardy Clause. The doctrinal focus of this debate ignores the fact that for the huge majority of defendants – those who plead guilty instead of standing trial – the Double Jeopardy Clause simply sets a default rule, establishing a minimum level of protection when defendants choose not to bargain about the possibility of future charges. In this Article, Professor Richman examines the world that exists in the shadow of minimalist double jeopardy doctrine, exploring …


Medical Investigation Of Suspects By The Police, Jack Tsen-Ta Lee Jan 1996

Medical Investigation Of Suspects By The Police, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

Although medical examinations and samples taken from suspects' bodies in the course of police inquiries often lead to the discovery of important evidence, Singapore criminal procedure does not appear to empower the police to carry out such medical investigations. Neither does it safeguard the interests of suspects. It is submitted that the Criminal Procedure Code and other statutes should be brought up to date with modern science.


Book Review. The Convergence Of The Continental And The Common Law Model Of Criminal Procedure, Craig M. Bradley Jan 1996

Book Review. The Convergence Of The Continental And The Common Law Model Of Criminal Procedure, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.


A Theory Of Compulsory Process Clause Discovery Rights, Jean Montoya Jul 1995

A Theory Of Compulsory Process Clause Discovery Rights, Jean Montoya

Indiana Law Journal

No abstract provided.


The Trial As Text: Allegory, Myth And Symbol In The Adversarial Criminal Process - A Critique Of The Role Of The Public Defender And A Proposal For Reform, Kenneth B. Nunn Apr 1995

The Trial As Text: Allegory, Myth And Symbol In The Adversarial Criminal Process - A Critique Of The Role Of The Public Defender And A Proposal For Reform, Kenneth B. Nunn

UF Law Faculty Publications

A position of Federal Defender General should be created to enhance the public image of public defenders. Currently the adversarial system tends to favor prosecutors, making it hard for criminal defendants to obtain a fair trial. Semiotic theory shows how the criminal justice system reflects broader social discourse concerning crime. The defendants' rights are given symbolic representation but are not considered seriously. Criminals are set apart from the rest of society and regarded as undeserving of truly fair representation. The trial can be seen as an allegory demonstrating the guilt of the defendant.


The Crime Bill Of 1994 And The Law Of Character Evidence: Congress Was Right About Consent Defense Cases, Roger C. Park Jan 1995

The Crime Bill Of 1994 And The Law Of Character Evidence: Congress Was Right About Consent Defense Cases, Roger C. Park

Fordham Urban Law Journal

There is considerable debate as to whether to admit evidence of past sexual assaults in cases where the accused presents a defense of consent to a current sexual assault charge. The consent defense presents a unique situation where, due to the probative value of evidence that suggests propensity to rape, a strong justification can be made to admit this information as evidence. However, critics of this opinion have argued that admitting propensity evidence about the accused in a rape case is inconsistent with the rape shield rule which excludes propensity evidence about the victim. This argument is flawed in the …


American Bar Association Criminal Justice Section Report To The House Of Delegates, Myrna S. Raeder Jan 1995

American Bar Association Criminal Justice Section Report To The House Of Delegates, Myrna S. Raeder

Fordham Urban Law Journal

The proposed amendments to the Federal Rules of Evidence, Rules 413-15 regarding the admission of character testimony in cases of sexual abuse and child molestation, have been roundly criticized by the legal community on both substantive and procedural grounds. The ABA has resolved to oppose the substance of these rules, and fear that in addition to the direct concerns regarding the result of the rules, they raise troubling policy issues going forward.


Are Executions In New York Inevitable?, Ronald J. Tabak Jan 1995

Are Executions In New York Inevitable?, Ronald J. Tabak

Fordham Urban Law Journal

This article is an edited trascription of a program considering whether executions in New York State are inevitable. Shortly after the program a law was enacted to this effect, however, Mr. Tabak argues that the law is so badly flawed that it may not survive judicial scrutiny. Present on the panel were Barbara Paul Robinson, John Cardinal O'Connor, Dean John Feerick, Archibald Murray, Thomas McDermott, Lee Grant, Cessie Alfonso and George Kendall.


A Holistic Approach To Criminal Justice Scholarship, William T. Pizzi Jan 1995

A Holistic Approach To Criminal Justice Scholarship, William T. Pizzi

Publications

No abstract provided.


Imagery And Adjudication In The Criminal Law: The Relationship Between Images Of Criminal Defendants And Ideologies Of Criminal Law In Southern Antebellum And Modern Appellate Decisions, Bernard Harcourt Jan 1995

Imagery And Adjudication In The Criminal Law: The Relationship Between Images Of Criminal Defendants And Ideologies Of Criminal Law In Southern Antebellum And Modern Appellate Decisions, Bernard Harcourt

Faculty Scholarship

Criminal law opinions often project a distinct image of the accused. Sometimes, she is cast in a sympathetic light and may appear vulnerable or impressionable: a single mother, whose husband has died, struggling to raise her two, loving children; an impoverished, nineteen-year-old African-American with a fifth-grade education, "mentally dull and 'slow to learn;'" or a defenseless "obedient servant," protecting himself from an "adversary armed with a deadly weapon." On other occasions, the defendant may appear threatening, savage or even diabolical: a cold-blooded recidivist that escapes from a prison workcrew, brutally stabs, rapes and murders a woman, and returns for a …


Shaping Today's Forfeiture Law: A Conversation With Senator Mcclellan, G. Robert Blakey Jan 1995

Shaping Today's Forfeiture Law: A Conversation With Senator Mcclellan, G. Robert Blakey

Journal Articles

In any society, the government's ability to interfere with life, liberty or property is always open for full discussion. In this conversation, Professor Blakey discusses property in the context of organized and white-collar crime, in addition to criminal forfeiture, and frames his discussion around his work with Senator John McClellan on drafting the Organized Crime Control Act.


The Court Of Appeal's Lack Of Jurisdiction To Reopen Appeals: Abdullah Bin A Rahman V Public Prosecutor; Lim Choon Chye V Public Prosecutor, Jack Tsen-Ta Lee Jan 1994

The Court Of Appeal's Lack Of Jurisdiction To Reopen Appeals: Abdullah Bin A Rahman V Public Prosecutor; Lim Choon Chye V Public Prosecutor, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

It is ironic that Abdullah bin A Rahman v PP and Lim Choon Chye v PP were decided in the aftermath of the Birmingham Six, Guildford Four and Maguire Seven cases from the United Kingdom. As in these cases, Abdullah and Lim Choon Chye highlight a serious flaw in our criminal justice system: there appears to be no appropriate way to correct miscarriages of justice. The purpose of this case note is to set out the conclusions reached by the Court of Appeal and to suggest directions for the future.


Reforming The Criminal Trial, Craig M. Bradley Jul 1993

Reforming The Criminal Trial, Craig M. Bradley

Indiana Law Journal

No abstract provided.


The Emerging International Consensus As To Criminal Procedure Rules, Craig M. Bradley Jan 1993

The Emerging International Consensus As To Criminal Procedure Rules, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.


Understanding Prosecutorial Discretion In The United States: The Limits Of Comparative Criminal Procedure As An Instrument Of Reform, William T. Pizzi Jan 1993

Understanding Prosecutorial Discretion In The United States: The Limits Of Comparative Criminal Procedure As An Instrument Of Reform, William T. Pizzi

Publications

No abstract provided.


Some Worries About Sentencing Guidelines, William T. Pizzi Jan 1993

Some Worries About Sentencing Guidelines, William T. Pizzi

Publications

No abstract provided.


Wayne R. Lafave: Search And Seizure Commentator At Work And Play, Yale Kamisar, Jerold H. Israel Jan 1993

Wayne R. Lafave: Search And Seizure Commentator At Work And Play, Yale Kamisar, Jerold H. Israel

Articles

Starting in 1969,1 we have had the honor and pleasure of co-authoring a goodly number of casebooks, texts, treatises, pocket parts, and annual supplements (more than twenty) with Wayne LaFave.2 On each occasion we have been impressed by the quality of his mind and the judiciousness of his temperament, and impressed as well (and sometimes amazed) by his speed and efficiency.


Criminal Procedure—Application Of The Harmless Error Rule To Miranda Violations, John J. Henry Jan 1992

Criminal Procedure—Application Of The Harmless Error Rule To Miranda Violations, John J. Henry

Western New England Law Review

No abstract provided.