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Full-Text Articles in Law
Law, Language, And Forensic Psychiatry, Lee S. Weinberg, Richard E. Valtz
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
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
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
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
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
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.