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Criminal Law

Campbell Law Review

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Civil Rico: The Judges' Perspective, And Some Notes On Practice For North Carolina Lawyers, The Honorable David B. Sentelle Jan 1989

Civil Rico: The Judges' Perspective, And Some Notes On Practice For North Carolina Lawyers, The Honorable David B. Sentelle

Campbell Law Review

No abstract provided.

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Criminal Law - The "No I Didn't, And Yes I Did But...." Defense: Is The Entrapment Defense Available To Criminal Defendants Who Deny Doing The Crime? - Mathews V. United States, George Robert Hicks Iii Jan 1989

Criminal Law - The "No I Didn't, And Yes I Did But...." Defense: Is The Entrapment Defense Available To Criminal Defendants Who Deny Doing The Crime? - Mathews V. United States, George Robert Hicks Iii

Campbell Law Review

This Note will explore the history of the entrapment defense. In addition, this Note will review previous federal court decisions regarding the inconsistency rule. The inconsistency rule refuses a criminal defendant the right to deny committing the charged acts and plead the entrapment defense. This Note will analyze both the majority and dissenting opinions of Mathews. The Note concludes by urging the North Carolina courts to follow the Mathews lead and change its stance with regard to the inconsistency rule.

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Grand Jury Subpoenas To Defense Attorneys Representing Targets: An Ethical-Legal Tug Of War, Paul Marshall Yoder Jan 1987

Grand Jury Subpoenas To Defense Attorneys Representing Targets: An Ethical-Legal Tug Of War, Paul Marshall Yoder

Campbell Law Review

This Comment will first explore the problems associated with grand jury subpoenas to defense attorneys, and then move on to examine the role of the grand jury in the criminal justice system. The Comment will then survey previous approaches to the problem and their deficiencies, following which it will focus on the new ethical rule and its ramifications for the grand jury process. Finally, it will will suggest alternatives to the current approaches.

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The Dual Sovereignty Doctrine Extended To Successive State Prosecutions - Heath V. Alabama, Clifton Walker Homesley Jan 1986

The Dual Sovereignty Doctrine Extended To Successive State Prosecutions - Heath V. Alabama, Clifton Walker Homesley

Campbell Law Review

The purpose of this note is to emphasize that while the dual sovereignty doctrine is legally sound in its application to successive prosecutions by different states, care must be taken to prevent abuse of the doctrine. This note proposes that individual states develop consistent policies to deal with the unique situation in which the facts of the case allow for the possibility of successive prosecutions. By doing this, the states can assure that the operation of the doctrine will not result in an injustice to the defendant.

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Some Practical Implications Of Civil Rico Cases, William Woodward Webb, Kevin P. Roddy Jan 1985

Some Practical Implications Of Civil Rico Cases, William Woodward Webb, Kevin P. Roddy

Campbell Law Review

Enacted as Title IX of the Organized Crime Control Act of 1970, the Racketeer Influenced and Corrupt Organizations Act (commonly known by the appellation "RICO" or "The RICO Act") was the end product of a lengthy legislative effort to develop new legal remedies to deal with the problem of organized crime. In recent years, however, the statute has become the focus of controversy as plaintiffs, compelled by the possibility of winning treble damages and attorney's fees, have sought to apply the civil remedies provision of the Act to all types of cases, including those involving what might be termed "garden …

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Symposium Address: The Death Penalty In North Carolina, The Hon. James G. Exum Jr. Jan 1985

Symposium Address: The Death Penalty In North Carolina, The Hon. James G. Exum Jr.

Campbell Law Review

No abstract provided.

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Prosecutorial Abuse Of Peremptory Challenges In Death Penalty Litigation: Some Constitutional And Ethical Considerations, Stephen P. Lindsay Jan 1985

Prosecutorial Abuse Of Peremptory Challenges In Death Penalty Litigation: Some Constitutional And Ethical Considerations, Stephen P. Lindsay

Campbell Law Review

With North Carolinians heavily favoring the death penalty, and executions in our state becoming more frequent in recent years, our obligation as lawyers and laypersons to ensure that the constitutional rights of death penalty defendants are preserved is taking on added significance. One practice which deserves close scrutiny is prosecutorial use of peremptory challenges.

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Criminal Law - Death Penalty: Jury Discretion Bridled, J. Craig Young Jan 1983

Criminal Law - Death Penalty: Jury Discretion Bridled, J. Craig Young

Campbell Law Review

The Eighth Amendment requires that the jury be given discretion in capital cases, but this discretion must be guided with objective standards. North Carolina's attempt to conform to this constitutional standard is found in N.C. Gen. Stat. §§ 15A-2000 to 2003, effective June 1, 1977.

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Criminal Law - A New Means To Combat Child Abuse?, Janet Coleman Jan 1983

Criminal Law - A New Means To Combat Child Abuse?, Janet Coleman

Campbell Law Review

This note will examine State v. Walden in light of prior North Carolina law, in relation to the new law it creates, as well as the policy interests involved in this area of criminal liability.

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Criminal Law - Perfecting The Imperfect Right Of Self-Defense, Richard Charles Blanks Jan 1982

Criminal Law - Perfecting The Imperfect Right Of Self-Defense, Richard Charles Blanks

Campbell Law Review

This note will chart the historical development of the imperfect right of self-defense and will emphasize the relevant differences between the perfect and imperfect right of self-defense. By analyzing how other states have implemented the imperfect right of self-defense, this note will indicate how North Carolina trial courts should proceed in implementing this imperfect defense as a result of the Norris decision. Some constitutional implications of the opinion are discussed to provide some insight into the significance of this decision for future trial practice in North Carolina.

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