Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Criminal Law

PDF

Series

1979

Institution
Keyword
Publication

Articles 1 - 30 of 39

Full-Text Articles in Law

Race And Sentencing Equality In Kentucky, Robert L. Hurley Dec 1979

Race And Sentencing Equality In Kentucky, Robert L. Hurley

Masters Theses & Specialist Projects

Disparity in sentencing felons based on racial considerations has long has been considered a problem for civil libertarians and scholars alike. Examining data gathered in Kentucky, this thesis addresses this issue through the application of recently developed methodological techniques. Utilizing an index of sentencing equality, this study shows that while differences do exist in black and white offender offense characteristics, these differences do not account for the variations in sentences rendered in cases of white as opposed to black felons. This exploratory research reviews and critiques previous research and provides evidence which should prove useful in resolving the problem of …


10-31-1979 Internal Memo, Unknown Oct 1979

10-31-1979 Internal Memo, Unknown

Williams v. Brown, 446 U.S. 236 (1980)

The thoughts of the Justices are recorded.


Constitutionalizing Forfeiture Law—The German Example, James Maxeiner Oct 1979

Constitutionalizing Forfeiture Law—The German Example, James Maxeiner

All Faculty Scholarship

This article demonstrates how German criminal law has made forfeiture of objects used in crime consistent with constitutional guarantees.


Rhode Island V. Innis, Lewis F. Powell Jr. Oct 1979

Rhode Island V. Innis, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Roberts V. United States, Lewis F. Powell Jr. Oct 1979

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

Supreme Court Case Files

No abstract provided.


Payton V. New York, Lewis F. Powell Jr. Oct 1979

Payton V. New York, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States V. Crews, Lewis F. Powell Jr. Oct 1979

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

Supreme Court Case Files

No abstract provided.


Rawlings V. Kentucky, Lewis F. Powell Jr. Oct 1979

Rawlings V. Kentucky, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States V. Havens, Lewis F. Powell Jr. Oct 1979

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

Supreme Court Case Files

No abstract provided.


Adams V. Texas, Lewis F. Powell Jr. Oct 1979

Adams V. Texas, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Chiarella V. United States, Lewis F. Powell Jr. Oct 1979

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

Supreme Court Case Files

No abstract provided.


Reid V. Georgia, Lewis F. Powell Jr. Oct 1979

Reid V. Georgia, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States V. Salvucci, Lewis F. Powell Jr. Oct 1979

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

Supreme Court Case Files

No abstract provided.


United States V. Mendenhall, Lewis F. Powell Jr. Oct 1979

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

Supreme Court Case Files

No abstract provided.


United States V. Payner, Lewis F. Powell Jr. Oct 1979

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

Supreme Court Case Files

No abstract provided.


Ybarra V. Illinois, Lewis F. Powell Jr. Oct 1979

Ybarra V. Illinois, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Lewis V. United States, Lewis F. Powell Jr. Oct 1979

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

Supreme Court Case Files

No abstract provided.


Two Perspectives On Structuring Discretion: Justices Stewart And White On The Death Penalty, Larry I. Palmer Jul 1979

Two Perspectives On Structuring Discretion: Justices Stewart And White On The Death Penalty, Larry I. Palmer

Faculty Publications

No abstract provided.


The Preliminary Hearing: A Necessary Part Of Due Process, Andrea Lyon May 1979

The Preliminary Hearing: A Necessary Part Of Due Process, Andrea Lyon

Law Faculty Publications

No abstract provided.


Handbook On Domestic Violence, California Department Of Justice Apr 1979

Handbook On Domestic Violence, California Department Of Justice

California Agencies

This booklet was originally prepared as a program supplement for distribution at the Attorney General's Conference on Domestic Violence held during the week of April 24-28, 1978 in San Francisco and Los Angeles. The purpose of the Conference on Domestic Violence was to provide a statewide policy level forum for sharing the newest information available about law enforcement and criminal justice procedures for dealing with domestic violence.


03-21-1979 Clerk Memo, Luther Munford Mar 1979

03-21-1979 Clerk Memo, Luther Munford

Williams v. Brown, 446 U.S. 236 (1980)

Both the CAS's judgment and the complaint, App. 3a, 5a, list Leila G. Brown, et at., as plaintiffs, and Robert R. Williams, et al., as defendants.

Therefore a vote to affirm is a vote to uphold the finding of dilution and in favor of the plaintiffs.


Review Of Crime In England, 1550-1800, Thomas A. Green Jan 1979

Review Of Crime In England, 1550-1800, Thomas A. Green

Reviews

Crime in England, 1550-1800, is the second collection of essays on the social history of crime and the criminal law in early modern England to appear in recent years. Together with the essays in Albion's Fatal Tree (1975),' these offerings advance our knowledge of the subject considerably. To be sure, as G. R. Elton cautions, there are methodological problems in a field so new, and Elton's "Introduction" will serve as an excellent starting point for readers concerned with such matters. We must nevertheless recognize the accomplishments of the new school of socio-legal historians. The essays in this volume deal with …


Escape From Cruel And Unusual Punishment: A Theory Of Constitutional Necessity, Cynthia R. Farina Jan 1979

Escape From Cruel And Unusual Punishment: A Theory Of Constitutional Necessity, Cynthia R. Farina

Cornell Law Faculty Publications

The inmate who escapes from a federal or state prison and seeks to introduce evidence of unconstitutionally cruel and unusual confinement conditions to defend her action is barred by the well-established rule that prison conditions alone, no matter how intolerable or inhumane, neither justify nor excuse escape. If she attempts to use the defense of necessity—a limited exception to this rule—the prisoner will be required to show that a specific, imminent threat of death or serious injury prompt her escape. Evidence of prolonged or repeated deprivation and mistreatment sufficient to prove a violation of the eighth amendment may not be …


The Jury-Some Thoughts, Historical And Personal, Peter Keane Jan 1979

The Jury-Some Thoughts, Historical And Personal, Peter Keane

Publications

rich baggage of our heritage and origins as a communal people. It is both what we have been and what we are now. From the jury's first crude forms developed by our primitive ancestors in thick groves of forest clearings, to contemporary juries in modern courtrooms listening to testimony about DNA and E. Coli Bacteria, the institution has been adequate to the tasks we give it. A jury is a more representative societal mechanism of our culture than anything else in which we participate as citizens.


Homicide In California, 1979, Department Of Justice Jan 1979

Homicide In California, 1979, Department Of Justice

California Agencies

No abstract provided.


The Confrontation Clause And Co-Defendant Confessions: The Drift From Bruton To Parker V. Randolph, Paul Marcus Jan 1979

The Confrontation Clause And Co-Defendant Confessions: The Drift From Bruton To Parker V. Randolph, Paul Marcus

Faculty Publications

No abstract provided.


Plea Bargaining: The Experiences Of Prosecutors, Judges, And Defense Attorneys, James E. Bond Jan 1979

Plea Bargaining: The Experiences Of Prosecutors, Judges, And Defense Attorneys, James E. Bond

Faculty Articles

James E. Bond reviews Heuman’s Plea Bargaining: The Experiences of Prosecutors, Judges, and Defense Attorneys.


Comments On The History Of Plea Bargaining, Lynn M. Mather Jan 1979

Comments On The History Of Plea Bargaining, Lynn M. Mather

Journal Articles

No abstract provided.


Wayward Children And The Law, 1820-1900: The Genesis Of The Status Offense Jurisdiction Of The Juvenile Court, Peter D. Garlock Jan 1979

Wayward Children And The Law, 1820-1900: The Genesis Of The Status Offense Jurisdiction Of The Juvenile Court, Peter D. Garlock

Law Faculty Articles and Essays

Since the United States Supreme Court's decision in In re Gault in 1967, in which due process rights were extended to juvenile delinquency proceedings which might result in commitment of youths to reformatory institutions, numerous courts, legislatures, and private study commissions have been re-examining the rights and obligations of young people in contemporary American society. In this ongoing debate over juvenile jurisprudence, perhaps no issue has provoked as much controversy as the question of whether juvenile courts should continue to exercise jurisdiction over juvenile "status offenses"--those unique forms of deviant behavior which are illegal only for minors. It is not …


Habeas Corpus And Freedom Of Speech, Michael L. Wells Jan 1979

Habeas Corpus And Freedom Of Speech, Michael L. Wells

Scholarly Works

Discussion concerning the proper scope of federal habeas corpus for state prisoners usually focuses upon the use of the writ as a federal remedy for procedural errors of constitutional magnitude in state criminal trials. Proponents of “liberal” habeas argue that only federal courts can adequately protect the federal procedural rights of state criminal defendants, while critics contend that the states' interest in administering their criminal laws free from federal interference overshadows the asserted benefits. Setting the proper scope of the writ requires a weighing of these competing values.

The focus on procedure is appropriate, because the vast majority of habeas …