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1991

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Articles 31 - 60 of 181

Full-Text Articles in Law

Corruption Control And Monstering: Government Agendas, Community Expectations And The Icac Solution, Mark Findlay Mar 1991

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 Feb 1991

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 Feb 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

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.


Book Reviews Jan 1991

Book Reviews

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 Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

"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 Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

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. Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

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. Jan 1991

Habeas Corpus Committee - Correspondence, Lewis F. Powell Jr.

Habeas Corpus Committee

No abstract provided.