Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Northwestern Pritzker School of Law (39)
- Touro University Jacob D. Fuchsberg Law Center (32)
- Florida State University College of Law (9)
- UIC School of Law (8)
- University of Michigan Law School (7)
-
- New York Law School (4)
- Selected Works (4)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (4)
- Washington and Lee University School of Law (4)
- Cleveland State University (3)
- Mercer University School of Law (3)
- Penn State Law (3)
- University of Oklahoma College of Law (3)
- University of Richmond (3)
- University of the Pacific (3)
- Valparaiso University (3)
- Vanderbilt University Law School (3)
- American University Washington College of Law (2)
- Brigham Young University Law School (2)
- Columbia Law School (2)
- Cornell University Law School (2)
- Fordham Law School (2)
- Golden Gate University School of Law (2)
- Maurer School of Law: Indiana University (2)
- Seattle University School of Law (2)
- Singapore Management University (2)
- The Catholic University of America, Columbus School of Law (2)
- University of Baltimore Law (2)
- University of Georgia School of Law (2)
- University of Miami Law School (2)
- Keyword
-
- Federal (30)
- State (30)
- 1990) (29)
- New York (29)
- Constitution (25)
-
- N.Y. Cont. Art. I (25)
- Defendant (19)
- Court of Appeals (16)
- § 6 (14)
- Supreme Court (12)
- U.S. Cont. Amend. V (10)
- U.S. Cont. Amend. XIV (10)
- § 1 (10)
- Due process (8)
- United States (8)
- Appellate Division (7)
- Evidence (7)
- U.S. Cont. Amend. VI (7)
- Violated (7)
- Confrontation clause (6)
- Court (6)
- Criminal (6)
- Criminal law (6)
- Judge (6)
- Jury (6)
- Police (6)
- Statute (6)
- Testimony (6)
- Trial judge (6)
- Appeal (5)
- Publication
-
- Journal of Criminal Law and Criminology (39)
- Touro Law Review (31)
- Florida State University Law Review (8)
- UIC Law Review (7)
- Faculty Scholarship (6)
-
- Michigan Law Review (5)
- Scholarly Works (5)
- All Faculty Scholarship (3)
- Cleveland State Law Review (3)
- Law Faculty Publications (3)
- McGeorge School of Law Scholarly Articles (3)
- Mercer Law Review (3)
- University of Richmond Law Review (3)
- Washington and Lee Law Review (3)
- Articles (2)
- Articles in Law Reviews & Other Academic Journals (2)
- BYU Law Review (2)
- Cornell Law Faculty Publications (2)
- Journal Articles (2)
- National Institute of Justice Research in Brief (2)
- Oklahoma Law Review (2)
- Research Collection Yong Pung How School Of Law (2)
- Richard Adelstein (2)
- Scholarly Articles (2)
- Seattle University Law Review (2)
- Vanderbilt Law Review (2)
- American Indian Law Review (1)
- Angela P Harris (1)
- Articles & Chapters (1)
- Articles by Maurer Faculty (1)
- Publication Type
Articles 31 - 60 of 181
Full-Text Articles in Law
Corruption Control And Monstering: Government Agendas, Community Expectations And The Icac Solution, Mark Findlay
Corruption Control And Monstering: Government Agendas, Community Expectations And The Icac Solution, Mark Findlay
Research Collection Yong Pung How School Of Law
In 1818, the Governor of the Chinese province of Shansi reported the case of Chan Lin who, while gatekeeper for the district magistrate, maintained "external criminal connections". Using his position he endeavoured to get a money changer to accept for exchange more than 300 ounces of sub-standard silver. Upon being rebuffed he took steps to have the money changer locked up. The Board of Punishments (which was a senior court of appeal in China during that period) held that because the act differed in no way from extortion as practised by rapacious government underlings, it would be improper to show …
Challenging Public Investigative Reports: How To Fight The Hearsay Exception, Steven P. Grossman, Stephen J. Shapiro
Challenging Public Investigative Reports: How To Fight The Hearsay Exception, Steven P. Grossman, Stephen J. Shapiro
All Faculty Scholarship
This paper discusses how attorneys can argue against having government and public reports admitted into evidence at trial that would be damaging to their client. When this paper was done, such reports were admitted via Federal Rule of Evidence 803(8)(C). The authors argue that it is possible to challenge admission of factual findings in public reports despite various court decisions which make this difficult.
Commentary By Co-Defendant's Counsel On Defendant's Refusal To Testify: A Violation Of The Privilege Against Self-Incrimination?, Martin D. Litt
Commentary By Co-Defendant's Counsel On Defendant's Refusal To Testify: A Violation Of The Privilege Against Self-Incrimination?, Martin D. Litt
Michigan Law Review
Currently, the circuits are divided on whether comments by co-defendants' counsel on a defendant's silence impair that defendant's fifth amendment rights. Furthermore, among the circuits that regard such commentary as potentially prejudicial, disagreement exists over the proper test for identifying such comments. This Note asserts that the risk of prejudicing a defendant's fifth amendment rights is too great to allow counsel any comment on a defendant's decision to testify or to remain silent.
Part I of this Note examines the historical evolution of the privilege against self-incrimination and the policy goals behind the privilege. The Note argues that prohibiting comments …
A Beyond A Reasonable Doubt Standard In Death Penalty Proceedings: A Neglected Element Of Fairness, Linda Carter
A Beyond A Reasonable Doubt Standard In Death Penalty Proceedings: A Neglected Element Of Fairness, Linda Carter
McGeorge School of Law Scholarly Articles
No abstract provided.
A Limited Role For The Legal System In Responding To Maternal Substance Abuse During Preganacy, John E.B. Myers
A Limited Role For The Legal System In Responding To Maternal Substance Abuse During Preganacy, John E.B. Myers
McGeorge School of Law Scholarly Articles
No abstract provided.
Reconsidering Rehabilitation, Michael Vitiello
Reconsidering Rehabilitation, Michael Vitiello
McGeorge School of Law Scholarly Articles
No abstract provided.
Fourth Amendment--Protective Sweep Doctrine: When Does The Fourth Amendment Allow Police Officers To Search The Home Incident To A Lawful Arrest, Mark J. Sifferlen
Fourth Amendment--Protective Sweep Doctrine: When Does The Fourth Amendment Allow Police Officers To Search The Home Incident To A Lawful Arrest, Mark J. Sifferlen
Journal of Criminal Law and Criminology
No abstract provided.
Initiation, Escalation And Desistance In Juvenile Offending And Their Correlates, Rolf Loeber, Magda Stouthamer-Loeber, Welmoet Van Kammen, David P. Farrington
Initiation, Escalation And Desistance In Juvenile Offending And Their Correlates, Rolf Loeber, Magda Stouthamer-Loeber, Welmoet Van Kammen, David P. Farrington
Journal of Criminal Law and Criminology
No abstract provided.
Are There Multiple Paths To Delinquency, David Huizinga, Finn-Aage Esbensen, Anne Wylie Weiher
Are There Multiple Paths To Delinquency, David Huizinga, Finn-Aage Esbensen, Anne Wylie Weiher
Journal of Criminal Law and Criminology
No abstract provided.
Advancing Knowledge About Co-Offending: Results From A Prospective Longitudinal Survey Of London Males, Albert J. Jr. Reiss, David P. Farrington
Advancing Knowledge About Co-Offending: Results From A Prospective Longitudinal Survey Of London Males, Albert J. Jr. Reiss, David P. Farrington
Journal of Criminal Law and Criminology
No abstract provided.
Moral Appropriateness, Capital Punishment, And The Lockett Doctrine, Louis D. Bilionis
Moral Appropriateness, Capital Punishment, And The Lockett Doctrine, Louis D. Bilionis
Journal of Criminal Law and Criminology
No abstract provided.
The Sixth Amendment As Constitutional Theory: Does Originalism Require That Massiah Be Abandoned, Martin Bahl
The Sixth Amendment As Constitutional Theory: Does Originalism Require That Massiah Be Abandoned, Martin Bahl
Journal of Criminal Law and Criminology
No abstract provided.
Notes On The Structure Of A Theory Of Excuses, Michael Corrado
Notes On The Structure Of A Theory Of Excuses, Michael Corrado
Journal of Criminal Law and Criminology
No abstract provided.
Justifying Searches On The Basis Of Equality Of Treatment, Robert L. Misner
Justifying Searches On The Basis Of Equality Of Treatment, Robert L. Misner
Journal of Criminal Law and Criminology
No abstract provided.
An Evaluation Of Intensive Probation In California, Joan Petersilia, Susan Turner
An Evaluation Of Intensive Probation In California, Joan Petersilia, Susan Turner
Journal of Criminal Law and Criminology
No abstract provided.
"A Strange Liking": Our Admiration For Criminals, Martha Grace Duncan
"A Strange Liking": Our Admiration For Criminals, Martha Grace Duncan
Faculty Articles
This article explores noncriminals' admiration for the lawbreaker. Drawing on literature, films, history, and psychoanalysis, the article seeks to delineate and explain this paradox. Each part of the article adopts a different approach to the subject of admiration for criminals. Part II, "Reluctant Admiration," sets the stage by presenting evidence that such admiration, and conflict over it, are pervasive. Parts III and IV present two quite different strategies that noncriminals employ to cope with their inner conflict over criminality. Thus, Part III, "Rationalized Admiration," depicts noncriminals who express undisguised enjoyment in, and reverence for, criminals. These noncriminals justify their attraction …
Uniform Controlled Substances Act Of 1990, Richard L. Braun
Uniform Controlled Substances Act Of 1990, Richard L. Braun
Campbell Law Review
No abstract provided.
Equal Protection And The Procedural Bar Doctrine In Federal Habeas Corpus, Laura Gaston Dooley
Equal Protection And The Procedural Bar Doctrine In Federal Habeas Corpus, Laura Gaston Dooley
Law Faculty Publications
No abstract provided.
Survey Of Recent Developments In Indiana Criminal Law And Procedure, Bruce G. Berner, David E. Vandercoy
Survey Of Recent Developments In Indiana Criminal Law And Procedure, Bruce G. Berner, David E. Vandercoy
Law Faculty Publications
No abstract provided.
Defending The Death Penalty Case: What Makes Death Different?, Andrea Lyon
Defending The Death Penalty Case: What Makes Death Different?, Andrea Lyon
Law Faculty Publications
No abstract provided.
Arizona V. Fulminante: Coerced Confessions And The Harm In Harmless Error Analysis, Cynthia Bauman
Arizona V. Fulminante: Coerced Confessions And The Harm In Harmless Error Analysis, Cynthia Bauman
Loyola University Chicago Law Journal
No abstract provided.
Allocating The Costs Of Parental Free Exercise : Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment, Paula A. Monopoli
Allocating The Costs Of Parental Free Exercise : Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment, Paula A. Monopoli
Faculty Scholarship
No abstract provided.
Prison Overcrowding -- The Time For Policy Change Has Come!, Charles M. Harris, Jr.
Prison Overcrowding -- The Time For Policy Change Has Come!, Charles M. Harris, Jr.
Florida State University Law Review
No abstract provided.
The Admissibility Of Dna Evidence, David H. Kaye
The Admissibility Of Dna Evidence, David H. Kaye
Journal Articles
In contrast to the widespread acceptance of red blood cell grouping, blood serum protein and enzyme analysis, and HLA typing, the evidentiary status of forensic applications of recombinant-DNA technology is in flux. A proper evidentiary analysis must attend to the fact that there is no single method of DNA typing. As with the more established genetic tests, the probative value of the laboratory findings depends both on the procedure employed and the genetic characteristics that are discerned. This paper describes some of these procedures and the theory that lies behind them, and then considers the developing case law. Given the …
Habeas Corpus, Qualified Immunity, And Crystal Balls: Predicting The Course Of Constitutional Law, Kit Kinports
Habeas Corpus, Qualified Immunity, And Crystal Balls: Predicting The Course Of Constitutional Law, Kit Kinports
Journal Articles
After describing the basic legal and policy issues surrounding the qualified immunity defense and the use of novelty to explain procedural defaults in habeas cases, Part I of this article advocates a standard for both types of cases that asks whether a person exercising reasonable diligence in the same circumstances would have been aware of the relevant constitutional principles. With this standard in mind, Part II examines the qualified immunity defense in detail, concluding that in many cases public officials are given immunity even though they unreasonably failed to recognize the constitutional implications of their conduct. Part III compares the …
Driving Under The Influence In Illinois, 22 Loy. U. Chi. L.J. 551 (1991), Robert G. Johnston, Thomas P. Higgins
Driving Under The Influence In Illinois, 22 Loy. U. Chi. L.J. 551 (1991), Robert G. Johnston, Thomas P. Higgins
UIC Law Open Access Faculty Scholarship
No abstract provided.
Despair And Disparity In Florida's Prisons And Jails, Leslei G. Street
Despair And Disparity In Florida's Prisons And Jails, Leslei G. Street
Florida State University Law Review
No abstract provided.
Sexual Battery: Mixed-Signal Legislation Reveals Need For Further Reform, Barbara Fromm
Sexual Battery: Mixed-Signal Legislation Reveals Need For Further Reform, Barbara Fromm
Florida State University Law Review
No abstract provided.
Habeas Corpus Committee - Correspondence, Lewis F. Powell Jr.
Habeas Corpus Committee - Correspondence, Lewis F. Powell Jr.
Habeas Corpus Committee
No abstract provided.