Law Commons^™

Cults, Deprogrammers, And The Necessity Defense, Michigan Law Review

Michigan Law Review

This Note considers the applicability of the necessity defense in criminal prosecutions of parents and deprogrammers. Part I explores the conflicting policies that underlie the traditional necessity defense, and suggests that courts replace their unitary approach to necessity with a "choice of evils" defense - for actors reasonably attempting to avoid a greater evil - and a "compulsion" defense - for actors reacting understandably to the pressure of circumstances. Part II applies these defenses to deprogramming cases, and concludes that rarely may they be advanced successfully.

Impeachment: The Dilemma Of The Defendant-Witness In North Carolina, Thomas C. Manning

North Carolina Central Law Review

No abstract provided.

Parent-Child Incest: Proof At Trial Without Testimony In Court By The Victim, Dustin P. Ordway

University of Michigan Journal of Law Reform

This Note argues that the incest victim should not testify personally at trial. Rather, the child's testimony should be replaced with tape-recorded pretrial examinations of the victim by an expert, supplemented by the in-court testimony of the examining expert. Part I discusses how the present system of requiring in-court testimony by the victim harms the child, fails to correct the incest problem, and produces unreliable evidence. Part II outlines and discusses the merits of the proposed reform. Part ill examines the proposed reform in light of the defendant's constitutional rights to due process and to confront witnesses against him. The …

The Fourth Amendment And The "Legitimate Expectation Of Privacy", Gerald G. Ashdown

Vanderbilt Law Review

This Article does not endeavor to engage in a debate over the efficacy or deterrent effect of the exclusionary rule.' Nevertheless, it should be noted that these decisions appear questionable. It seems clear that a refusal to apply the rule in cases of particular fourth amendment transgressions will produce no incremental deterrence of unlawful police conduct, and inconsistent application of the rule arguably could diminish whatever deterrent value does exist.Therefore, if deterrence is viewed as the primary--if not only-function of the exclusionary rule, that goal should be promoted through thorough and consistent application of the rule.The Supreme Court, however, has …

Criminal Procedure—Scope Of The Exclusionary Rule—Inevitable Discovery Exception Adopted, Melanie J. Strigel

University of Arkansas at Little Rock Law Review

No abstract provided.

The Virginia Conspiracy Statute Part Ii: Liability Of Conspirators For Compelling Another To Act Against His Will Or Constraining Another From Doing A Lawful Act, Joseph E. Ulrich, Killis T. Howard

Washington and Lee Law Review

No abstract provided.

A Suggested Legislative Approach To The Problem Of Computer Crime

Washington and Lee Law Review

No abstract provided.

Constitutional Criminal Litigation, Andrew H. Marshall

Mercer Law Review

During 1980 the United States Court of Appeals for the Fifth Circuit decided well over 200 cases in the constitutional law/criminal area, including direct criminal appeals, collateral attacks on both state and federal criminal convictions, and a handful of cases arising in other contexts. The typical opinion addresses and resolves multiple assignments of error, which compounds the difficulty of organizing decisions into precise, discrete categories. The quantity and diversity of litigation in the area requires that a survey be limited to a fraction of the decided cases. The selection process utilized in the preparation of this survey can only be …

Liability For Parole Decisionmaking: The Absence Of Discretion In The Parole Process, Robert F. Polglase

Mercer Law Review

In Payton v. United States, the Fifth Circuit Court of Appeals held that the United States was liable under the Federal Tort Claims Act, for the parole of a federal prisoner who, following release, murdered plaintiff's wife. The court concluded that such parole decisionmaking did not come within the discretionary function exemption of the Federal Tort Claims Act (FTCA).

United States V. Di Francesco: Court Upholds State Initiated Sentence Appeals, Thomas Michael Hackel

Mercer Law Review

In United States v. Di Francesco, the Supreme Court upheld a statute that allowed the government to seek, through an appeal, an increase of the sentence imposed by the trial court. The Court found that the statute did not violate the protections of the double jeopardy clause against multiple trials and multiple punishment. The question of state initiated appeals assumes further significance when it is considered that proposed revisions of the Federal Criminal Code include wider implementation of sentence appeals by the state.

Justification For Residual Criminal Stigmatization: A Contribution To The Modern Philosophy Of Punishment, R. Paul Nadin-Davis

Dalhousie Law Journal

In the past twenty-five years advances in research have increased awareness of the deleterious effects of criminal sanction to an extent that they are now undeniable from any political or academic viewpoint. The most obvious and immediate unofficial sanction accompanying conviction in a criminal court, social and familial ostracism, has been relegated to the background by application of subcultural theory' and empirical demonstration that a single conviction rarely causes severe and lasting effects on family ties. 2 Meanwhile discrimination against ex-offenders in employment markets, both private3 and public, 4 has been clearly demonstrated in many countries. American writers have documented …

Desert And Deterrence: An Assessment Of The Moral Bases Of The Case For Capital Punishment, Richard O. Lempert

Michigan Law Review

The controversy over the death penalty has generated arguments of two types. The first argument appeals to moral intuitions; the second concerns deterrence. Although both types of argument speak to the morality of systems of capital punishment, the first debate has been dominated by moral philosophers and the second by empirical social scientists. For convenience I shall at times refer to the approach of the moral philosophers as the moral case for (or against) capital punishment or as the argument from morality.

Survey Of Developments In The Fourth Circuit: 1980

West Virginia Law Review

No abstract provided.

Reasonably Effective Assistance Standard Of Applicable To Both Retained And Appointed Counsel Without Distinction., John H. Cayce

St. Mary's Law Journal

Abstract Forthcoming.

Two Theories Of Criminal Justice, Alsen D. Miller

Michigan Law Review

A Review of A Theory of Criminal Justice by Jan Gorecki, and A Theory of Criminal Justice by Hyman Gross

The American Prosecutor: A Search For Identity, Michigan Law Review

Michigan Law Review

A Review of The American Prosecutor: A Search for Identity by Joan E. Jacoby

Popular Justice: A History Of American Criminal Justice, Michigan Law Review

Michigan Law Review

A Review of Popular Justice: A History of American Criminal Justice by Samuel Walker

Mental Disabilities And Criminal Responsibility, Michigan Law Review

Michigan Law Review

A Review of Mental Disabilities and Criminal Responsibility by Herbert Fingarette and Ann Fingarette Hasse

A True Deliverance: The Joan Little Case, Michigan Law Review

Michigan Law Review

A Review of A True Deliverance: The Joan Little Case by Fred Harwell

The Inauguration Of Criminology Annuals, David F. Greenberg

Michigan Law Review

A Review of Crime and Justice: An Annual Review of Research, vol. 1 edited by Norval Morris and Michael Tonry, and Criminology Review Yearbook, Vol. 2 edited by Egon Bittner and Sheldon L. Messinger

Vicious Circles: The Mafia In The Marketplace, Michigan Law Review

Michigan Law Review

A Review of Vicious Circles: The Mafia in the Marketplace by Jonathan Kwitny

Social Research And The Use Of Medieval Criminal Records, Edward Powell

Michigan Law Review

A Review of Society and Homicide in Thirteenth-Century England by James Buchanan Given, and Crime and Conflict in English Communities, 1300-1348 by Barbara A. Hanawalt

Criminal Law–Searches And Seizures–Individualized Probable Cause Is Necessary To Search Persons Incidentally On Premises Subject To A Warrant Authorized Search, Robert J. Fuller

University of Arkansas at Little Rock Law Review

No abstract provided.

Parental Kidnapping: Can The Uniform Child Custody Jurisdiction Act And Federal Parental Kidnapping Prevention Act Of 1980 Effectively Deter It?, Rita Mankovich Irani

Duquesne Law Review

Despite the adoption in forty-four states of the Uniform Child Custody Jurisdiction Act, kidnapping remains a widespread alternative for parents who seek custody of their children. The author discusses how the willingness of courts to entertain the custody petition of a parent who has kidnapped his child has provided incentive for child-snatching, and probes section 8 of the Act, which sets forth guidelines for courts to use in determining whether to hear such petitions. Selected cases are presented to illustrate a proper interpretation and application of section 8 in light of the Act's overall purpose. Finally, the author explains the …

Self-Incrimination And The Likelihood Of Prosecution Test, John L. Jr. Hines

Journal of Criminal Law and Criminology

No abstract provided.

Criminal Law–Racketeer Influence And Corrupt Organization Act–Defining Enterprise, Judy Broach Proctor

University of Arkansas at Little Rock Law Review

No abstract provided.

Constitutional Law - Eighth Amendment - Capital Punishment - State Death Penalty Statutes - Procedural Safeguards, Scott T. Redman

Duquesne Law Review

The Supreme Court of the United States has held that the Alabama death penalty statute which prohibited a jury instruction of lesser included offenses in a capital case is unconstitutional because it diminishes the reliability of the guilt determination process, leading to an arbitrary and irrational imposition of the death penalty.

Beck v. Alabama, 447 U.S. 625 (1980).

The New Warrant Requirements: Payton V. New York And Wallace V. King, Robert B. Lloyd Jr.

University of Richmond Law Review

Since the original Bill of Rights was drafted, the diverse warrant requirements necessary for reasonable searches and seizures under the fourth amendment have led to chaos and confusion. A dichotomy has existed between the requirements necessary for the search and seizure of property and those necessary for the search and seizure of persons. Generally, a warrant has been required when the object of the search and seizure was property while no warrant has been necessary for the seizure of an individual. The Supreme Court decision in Payton v. New York has erased much of this distinction, holding that the fourth …

Criminal Law–Arrest Without A Warrant–A Man's Home Is His Castle, Nancy Marian Epperson

University of Arkansas at Little Rock Law Review

No abstract provided.

Public Access To Criminal Trials: Richmond Newspapers, Inc. V. Virginia, Christopher C. Spencer

University of Richmond Law Review

Richmond Newspapers, Inc. v. Virginia is, in the words of Justice Stevens, a "watershed case." For the first time, the Court recognized that some sort of first amendment right of access to government proceedings exists. The Court, in a plurality opinion (joined by two Justices, accompanied by five concurring opinions and one dissent), held that the right of the public to attend criminal trials is "implicit in the guarantees of the First Amendment."