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Criminal Law

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1978

Institution
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Articles 31 - 60 of 98

Full-Text Articles in Law

Law, Language, And Forensic Psychiatry, Lee S. Weinberg, Richard E. Valtz Jan 1978

Law, Language, And Forensic Psychiatry, Lee S. Weinberg, Richard E. Valtz

Duquesne Law Review

Dr. Thomas Szaz, a controversial figure in psychiatry today, attacks the use of a medical model to explain abnormal behavior. The authors analyze Szaz' views and their implications on the issues of the insanity plea, competency to stand trial, the right to medical treatment, involuntary civil commitment, and victimless crimes.


And The Saints Go Marching Out - Rule 1100: Pennsylvania's Implementation Of The Right To A Speedy Trial, Jacqueline Mikula Verney Jan 1978

And The Saints Go Marching Out - Rule 1100: Pennsylvania's Implementation Of The Right To A Speedy Trial, Jacqueline Mikula Verney

Duquesne Law Review

An accused's right to a speedy trial has deep roots in our Anglo- Saxon common law and is guaranteed by the Federal Constitution and most state constitutions. Traditionally, whether this right was violated was determined by a balancing test. Pennsylvania has, however, adopted a per se approach, and the author questions whether, in view of the interests the right is intended to protect, such a rule is necessary or wise.


Terry V. Ohio And Power Of Police To Accost Citizens Absent Probable Cause To Arrest: A Critical Look At The Pennsylvania Experience, Joseph P. Caracappa Jan 1978

Terry V. Ohio And Power Of Police To Accost Citizens Absent Probable Cause To Arrest: A Critical Look At The Pennsylvania Experience, Joseph P. Caracappa

Duquesne Law Review

In Terry v. Ohio, the Supreme Court held constitutionally permissible the stopping and frisking of individuals on less than probable cause. The Supreme Court, however, has given few specific guidelines, encouraging development of the concept in state and lower federal courts. The author criticizes Pennsylvania's approach, suggesting that Pennsylvania courts have failed to appreciate that a stop-and-frisk is still within the purview of the fourth amendment.


Open Questions In Pennsylvania Criminal Law, Samuel J. Reich, Jay H. Speigel Jan 1978

Open Questions In Pennsylvania Criminal Law, Samuel J. Reich, Jay H. Speigel

Duquesne Law Review

The authors explore several areas of criminal law and criminal procedure, specifically, a defendant's right to counsel at line-ups, establishing probable cause with first-time informants, changing venue based on pretrial publicity, impeachment of witnesses through the use of prior convictions, necessity of instructing the jury on manslaughter in homicide cases, retroactive or prospective application of changes in the law, requiring stated reasons for sentences, applying the exclusionary rule in probation and parole revocation proceedings, and the scope of the Brady rule, all of which present questions yet to be resolved by the Pennsylvania Supreme Court.


The Court Psychiatrist: Between Two Worlds, Carol E.R. Bohmer Jan 1978

The Court Psychiatrist: Between Two Worlds, Carol E.R. Bohmer

Duquesne Law Review

A court psychiatrist owes what are often conflicting duties to his defendant-"patient" and the court. The author explores the nature and effect of these role conflicts.


The Copper Platter Doctrine Revisited [Note], George C. Werner Jan 1978

The Copper Platter Doctrine Revisited [Note], George C. Werner

Duquesne Law Review

As the Burger Court continues to reduce the impact of the exclusionary rule as a matter of federal constitutional law, several states have expanded the exclusionary rule as a matter of state law. Federal courts have uniformly admitted in federal criminal trials evidence seized by state police in violation of only the stricter state constitutional standards. The author suggests that in so doing, most federal courts have failed to address the proper issues, completely disregarding state interests.


Wife Abuse: The Failure Of Legal Remedies, 11 J. Marshall J. Of Prac. & Proc. 549 (1978), Lynn A. Sacco Jan 1978

Wife Abuse: The Failure Of Legal Remedies, 11 J. Marshall J. Of Prac. & Proc. 549 (1978), Lynn A. Sacco

UIC Law Review

No abstract provided.


Collateral Attacks On Convictions: A Survey Of Federal Remedies, 12 J. Marshall J. Prac. & Proc. 27 (1978), Martha A. Mills, Sue A. Herrmann Jan 1978

Collateral Attacks On Convictions: A Survey Of Federal Remedies, 12 J. Marshall J. Prac. & Proc. 27 (1978), Martha A. Mills, Sue A. Herrmann

UIC Law Review

No abstract provided.


Prison Inmate Marriages: A Survey And A Proposal, Jackson M. Bruce, John M. Claytor, Herman C. Daniel Iii Jan 1978

Prison Inmate Marriages: A Survey And A Proposal, Jackson M. Bruce, John M. Claytor, Herman C. Daniel Iii

University of Richmond Law Review

This comment explores one facet of the issue of inmate civil rights: the right to marry. An analysis will be made of the current situation nationwide with particular emphasis on Virginia, including proposed guidelines for Virginia's Department of Corrections that reflect the current national trend with regard to inmate marriages.


State V. Roberts: A Persuasive But Unsupported Position, Robert A. Boyd Jan 1978

State V. Roberts: A Persuasive But Unsupported Position, Robert A. Boyd

Cleveland State Law Review

The Ohio Supreme Court recently held in State v. Roberts that when a witness is unavailable at the trial of a criminal defendant, the state may not introduce the witness' preliminary hearing testimony into evidence unless he had been cross-examined at the preliminary hearing. The court found that the defendant, Roberts, had been denied his right to confront an adverse witness when the trial court admitted the preliminary hearing testimony of a witness who was not present at trial, and held that mere opportunity to cross-examine at a preliminary hearing, unexercised, did not satisfy the demands of the Confrontation Clause …


Perspectives On The Transfer Of Prisoners Between The United States And Mexico And The United States And Canada, M. Cherif Bassiouni Jan 1978

Perspectives On The Transfer Of Prisoners Between The United States And Mexico And The United States And Canada, M. Cherif Bassiouni

Vanderbilt Journal of Transnational Law

Transfers of convicted offenders have recently begun under United States treaties with Mexico and Canada. Both treaties were ratified by the Senate in July, 1977, and implementing legislation was enacted on October 28, 1977. The treaties represent pioneering efforts in international penal cooperation, and like all such efforts they pose novel operational and constitutional challenges. This article will outline the transfer procedures and highlight some substantive constitutional issues.


Forcible Rape And Statutory Rape: The Delicate Balance Between The Rights Of Victim And Defendant, 11 J. Marshall J. Of Prac. & Proc. 481 (1978), Philip A. Oretsky Jan 1978

Forcible Rape And Statutory Rape: The Delicate Balance Between The Rights Of Victim And Defendant, 11 J. Marshall J. Of Prac. & Proc. 481 (1978), Philip A. Oretsky

UIC Law Review

No abstract provided.


A Due Process Dilemma: Pretrial Detention In Juvenile Delinquincy Proceedings, 11 J. Marshall J. Of Prac. & Proc. 513 (1978), Peter A. Shamburek Jan 1978

A Due Process Dilemma: Pretrial Detention In Juvenile Delinquincy Proceedings, 11 J. Marshall J. Of Prac. & Proc. 513 (1978), Peter A. Shamburek

UIC Law Review

No abstract provided.


Girls, Guys And Gangs: The Changing Social Context Of Female Delinquency, Peggy C. Giordano Jan 1978

Girls, Guys And Gangs: The Changing Social Context Of Female Delinquency, Peggy C. Giordano

Journal of Criminal Law and Criminology

No abstract provided.


Fourth Amendment--Electronic Surveillance Jan 1978

Fourth Amendment--Electronic Surveillance

Journal of Criminal Law and Criminology

No abstract provided.


Fourth Amendment--Administrative Searches And Seizures Jan 1978

Fourth Amendment--Administrative Searches And Seizures

Journal of Criminal Law and Criminology

No abstract provided.


Arson Fraud: Criminal Prosecution And Insurance Law, Anne Winslow Murphy, Andrew Maneval Jan 1978

Arson Fraud: Criminal Prosecution And Insurance Law, Anne Winslow Murphy, Andrew Maneval

Fordham Urban Law Journal

This comment discusses prosecutions for arson, and more specifically the lack of successful prosecutions of "arson-for-profit," arson that is motivated by an intent to defraud an insurance company. The comment discusses the difficulties in proving arson under both common law and statutory schemes, and various ways to strengthen prosecution of arson fraud. Ultimately the comment concludes that cost may be the most significant obstacle to effective prosecution of the crime of arson, and the power of reform lies with the budget officers of the agencies and elected public officials.


Criminal Law Codification: Three Hazards, Jerry E. Norton Jan 1978

Criminal Law Codification: Three Hazards, Jerry E. Norton

Loyola University Chicago Law Journal

No abstract provided.


Criminal Procedure - Due Process Is Not Violated When Prosecutor Carries Out Threat To Bring Increased Charges After Defendant Refuses To Plead Guilty During Plea Bargaining Session, Catherine N. Jasons Jan 1978

Criminal Procedure - Due Process Is Not Violated When Prosecutor Carries Out Threat To Bring Increased Charges After Defendant Refuses To Plead Guilty During Plea Bargaining Session, Catherine N. Jasons

Villanova Law Review

No abstract provided.


The Constitutionality Of Increasing Sentences On Appellate Review, Gregory P. Dunsky Jan 1978

The Constitutionality Of Increasing Sentences On Appellate Review, Gregory P. Dunsky

Journal of Criminal Law and Criminology

No abstract provided.


Criminal Sanctions For Corporate Illegality, Stephen A. Yoder Jan 1978

Criminal Sanctions For Corporate Illegality, Stephen A. Yoder

Journal of Criminal Law and Criminology

No abstract provided.


The Internal Revenue Service And Corporate Slush Funds: Some Fifth Amendment Problems, John W. Egan Jan 1978

The Internal Revenue Service And Corporate Slush Funds: Some Fifth Amendment Problems, John W. Egan

Journal of Criminal Law and Criminology

No abstract provided.


Third Party Consent Searches: The Right To Exculpate, Larry I. Yellen Jan 1978

Third Party Consent Searches: The Right To Exculpate, Larry I. Yellen

Journal of Criminal Law and Criminology

No abstract provided.


Impulsive And Premeditated Homicide: An Analysis Of Subsequent Parole Risk Of The Murderer, Alfred B. Jr. Heilbrun, Lynn C. Heilbrun, Kim L. Heilbrun Jan 1978

Impulsive And Premeditated Homicide: An Analysis Of Subsequent Parole Risk Of The Murderer, Alfred B. Jr. Heilbrun, Lynn C. Heilbrun, Kim L. Heilbrun

Journal of Criminal Law and Criminology

No abstract provided.


Book Reviews Jan 1978

Book Reviews

Journal of Criminal Law and Criminology

No abstract provided.


The Exclusionary Rule: A Requirement Of Constitutional Principle, Lane V. Sunderland Jan 1978

The Exclusionary Rule: A Requirement Of Constitutional Principle, Lane V. Sunderland

Journal of Criminal Law and Criminology

No abstract provided.


Plea Bargaining In England, Philip A. Thomas Jan 1978

Plea Bargaining In England, Philip A. Thomas

Journal of Criminal Law and Criminology

No abstract provided.


The Prosecutor's Duty Of Disclose: From Brady To Agurs And Beyond, Michael E. Rusin Jan 1978

The Prosecutor's Duty Of Disclose: From Brady To Agurs And Beyond, Michael E. Rusin

Journal of Criminal Law and Criminology

No abstract provided.


Prosecutor Perceptions Of Crime Seriousness, Jeffrey A. Roth Jan 1978

Prosecutor Perceptions Of Crime Seriousness, Jeffrey A. Roth

Journal of Criminal Law and Criminology

No abstract provided.


Law And Punishment In Early Renaissance Venice, Guido Ruggiero Jan 1978

Law And Punishment In Early Renaissance Venice, Guido Ruggiero

Journal of Criminal Law and Criminology

No abstract provided.