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Articles 301 - 328 of 328
Full-Text Articles in Law
The Hearsay Exception For Public Records In Federal Criminal Trials, Vincent C. Alexander
The Hearsay Exception For Public Records In Federal Criminal Trials, Vincent C. Alexander
Faculty Publications
The hearsay exception for "public records" was recognized at common law and has been further developed in most jurisdictions by statute. The reliability of public records is said to derive from the presumption of regularity and accuracy that attends the recording of events by public officials. As with the hearsay exception for recordsmade in the regular course of a private business, the reliability of many public records is enhanced by the routine and repetitive circumstancesunder which such records are made. An additional justificationfor the admission of public records is public convenience: If government employees are continually required to testify in …
Constitutional Criminal Procedure, Thomas E. Baker
Constitutional Criminal Procedure, Thomas E. Baker
Faculty Publications
No abstract provided.
The New Sentencing Law, Paul C. Giannelli
Book Review Of The Model Penal Code And Commentaries, Paul Marcus
Book Review Of The Model Penal Code And Commentaries, Paul Marcus
Faculty Publications
No abstract provided.
The Media In The Courtroom: Attending, Reporting, Televising Criminal Cases, Paul Marcus
The Media In The Courtroom: Attending, Reporting, Televising Criminal Cases, Paul Marcus
Faculty Publications
No abstract provided.
Constitutional Criminal Procedure, Thomas E. Baker
Constitutional Criminal Procedure, Thomas E. Baker
Faculty Publications
This article discusses decisions of the new Eleventh Circuit and also decisions of the former Fifth Circuit, some of which are binding precedents for the new court. By way of introduction, the title Constitutional Criminal Procedure deserves amplification. Related criminal law topics not within the scope of this article include the following: the substantive law of crimes; non constitutional aspects of the Federal Rules of Evidence; non constitutional aspects of the Federal Rules of Criminal Procedure; procedural aspects of habeas corpus; sentencing; prisoners' rights; and civil rights suits alleging constitutional deprivations.
The Faretta Principle: Self Representation Versus The Right To Counsel, Paul Marcus
The Faretta Principle: Self Representation Versus The Right To Counsel, Paul Marcus
Faculty Publications
The United States Constitution makes provision for criminal defendants to be represented by counsel. In the federal jurisdiction this principle was vigorously applied, even to indigent persons, very early in the Twentieth Century. The United States Supreme Court, however, was reluctant to impose this requirement on the states except in cases of unusual circumstances where the absence of counsel would have affected the basic fairness of the trial. Finally, in a landmark decision by the Supreme Court, it was held that the right to counsel applies in both federal and state cases. For the past twenty years, federal and state …
The New Iowa Criminal Code: Part Ii, Kermit L. Dunahoo
The New Iowa Criminal Code: Part Ii, Kermit L. Dunahoo
Faculty Publications
No abstract provided.
The New Iowa Criminal Code, Kermit L. Dunahoo
The New Iowa Criminal Code, Kermit L. Dunahoo
Faculty Publications
No abstract provided.
Franks V. Delaware: A Proposed Interpretation And Application, Peter A. Alces
Franks V. Delaware: A Proposed Interpretation And Application, Peter A. Alces
Faculty Publications
No abstract provided.
Two Perspectives On Structuring Discretion: Justices Stewart And White On The Death Penalty, Larry I. Palmer
Two Perspectives On Structuring Discretion: Justices Stewart And White On The Death Penalty, Larry I. Palmer
Faculty Publications
No abstract provided.
The Confrontation Clause And Co-Defendant Confessions: The Drift From Bruton To Parker V. Randolph, Paul Marcus
The Confrontation Clause And Co-Defendant Confessions: The Drift From Bruton To Parker V. Randolph, Paul Marcus
Faculty Publications
No abstract provided.
Co-Conspirator Declarations: The Federal Rules Of Evidence And Other Recent Developments, From A Criminal Law Perspective, Paul Marcus
Faculty Publications
Perhaps the most important advantage available to a prosecutor in a criminal conspiracy case is the exception to the hearsay rule for co-conspirator declarations. The exception is widely used and is often a significant part of the government presentation. In essence, it provides that otherwise inadmissible hearsay declarations of coconspirators are admissible at trial against the defendant so long as they were made during the course and in furtherance of the conspiracy. The exception typically arises when an alleged co-conspirator declarant tells the witness (often an undercover police officer) all about the conspiracy, perhaps in the hope of attracting a …
The Allen Instruction In Criminal Cases: Is The Dynamite Charge About To Be Permanently Defused?, Paul Marcus
The Allen Instruction In Criminal Cases: Is The Dynamite Charge About To Be Permanently Defused?, Paul Marcus
Faculty Publications
No abstract provided.
The Proposed Revised Federal Criminal Code: Conspiracy Provisions, Paul Marcus
The Proposed Revised Federal Criminal Code: Conspiracy Provisions, Paul Marcus
Faculty Publications
No abstract provided.
Legal Services, Prisoners' Attitudes And "Rehabilitation.", Geoffrey P. Alpert, John M. Finney, James F. Short Jr
Legal Services, Prisoners' Attitudes And "Rehabilitation.", Geoffrey P. Alpert, John M. Finney, James F. Short Jr
Faculty Publications
No abstract provided.
Reappraising The Legality Of Post-Trial Interviews, Fredric I. Lederer
Reappraising The Legality Of Post-Trial Interviews, Fredric I. Lederer
Faculty Publications
No abstract provided.
Replacing The Exclusionary Rule With Administrative Rulemaking, Francis A. Gilligan, Fredric I. Lederer
Replacing The Exclusionary Rule With Administrative Rulemaking, Francis A. Gilligan, Fredric I. Lederer
Faculty Publications
No abstract provided.
Conspiracy: The Criminal Agreement, In Theory And In Practice, Paul Marcus
Conspiracy: The Criminal Agreement, In Theory And In Practice, Paul Marcus
Faculty Publications
Professor Marcus combines empirical research and theoretical analysis in this comprehensive study of the conspiracy doctrine. The article shows that the theoretical reasons for the conspiracy doctrine are inapplicable to most actual conspiracy prosecutions and that the practical reasons for conspiracy charges are often unacceptable prosecutorial shortcuts. Although ultimately concluding that the conspiracy doctrine is needed in some limited instances, Professor Marcus indicates that prosecutors should bring conspiracy charges only when justified by proper reasons and that courts should consider such charges more carefully.
The Law Of Confessions - The Voluntariness Doctrine, Fredric I. Lederer
The Law Of Confessions - The Voluntariness Doctrine, Fredric I. Lederer
Faculty Publications
No abstract provided.
Rights Warnings In The Armed Services, Fredric I. Lederer
Rights Warnings In The Armed Services, Fredric I. Lederer
Faculty Publications
No abstract provided.
Criminal Conspiracy: The State Of Mind Crime - Intent, Proving Intent, Anti-Federal Intent, Paul Marcus
Criminal Conspiracy: The State Of Mind Crime - Intent, Proving Intent, Anti-Federal Intent, Paul Marcus
Faculty Publications
No abstract provided.
Doing Away With The Exclusionary Rule, Francis A. Gilligan, Fredric I. Lederer
Doing Away With The Exclusionary Rule, Francis A. Gilligan, Fredric I. Lederer
Faculty Publications
No abstract provided.
Andenaes And The Theory Of Deterence, Larry I. Palmer
Andenaes And The Theory Of Deterence, Larry I. Palmer
Faculty Publications
No abstract provided.
A Model Of Criminal Dispositions: An Alternative To Official Discretion In Sentencing, Larry I. Palmer
A Model Of Criminal Dispositions: An Alternative To Official Discretion In Sentencing, Larry I. Palmer
Faculty Publications
Professor Palmer proposes a new model of criminal dispositions which would replace official discretion at sentencing with judicially created standards for sentencing officials. In Part I he outlines the role of the appellate judiciary in developing an interest analysis to enunciate standards to guide criminal dispositions. In Parts Il and III he examines the roles of administrative agencies and legislatures in perfecting the dispositional process under standards initially ariculated by the judiciary. Professor Palmer emphasizes the concept of individual liberty as a central value of society and shows how a new system of criminal dispositions can enhance that value as …
Iowa Criminal Law, Kermit L. Dunahoo
The Scope Of Judicial Discretion In The Iowa Criminal Trial Process, Kermit L. Dunahoo
The Scope Of Judicial Discretion In The Iowa Criminal Trial Process, Kermit L. Dunahoo
Faculty Publications
No abstract provided.
The Criminal Code Of Virginia, Lucian Minor
The Criminal Code Of Virginia, Lucian Minor
Faculty Publications
No abstract provided.