Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Criminal Law (13)
- Entrapment (9)
- Miranda Rule (4)
- Administration of Criminal Justice (3)
- Capital Punishment (3)
-
- Conspiracy (3)
- Criminal Procedure (3)
- Evidence (3)
- Right to Fair and Impartial Trial (3)
- Self Incrimination (3)
- W&M Faculty (3)
- Criminal Conspiracy (2)
- Jury Instructions (2)
- Marcus Dean Collection 2 (2)
- Miranda v. Arizona (384 U.S. 436 (1966)) (2)
- Right to Counsel (2)
- White Collar Crime (2)
- Book review (1)
- Burden of Proof (1)
- Co-Defendant Confession (1)
- College of William and Mary Marshall-Wythe School of Law (1)
- Comparative Analysis (1)
- Comparative Law (1)
- Confessions (1)
- Confrontation Clause (1)
- Conspriacy (1)
- Corruption (1)
- Criminal Cases (1)
- Criminal Investigation (1)
- Defense (1)
Articles 1 - 30 of 35
Full-Text Articles in Law
White Collar Crime: A Legal Overview, Paul Marcus
The Use Of Criminal Statutes To Regulate Financial Markets In The United States, Paul Marcus
The Use Of Criminal Statutes To Regulate Financial Markets In The United States, Paul Marcus
Paul Marcus
No abstract provided.
Virginia's Capital Jurors, Stephen P. Garvey, Paul Marcus
Virginia's Capital Jurors, Stephen P. Garvey, Paul Marcus
Paul Marcus
No abstract provided.
Toward An Expanded View Of The Due Process Claim In Entrapment Cases, Paul Marcus
Toward An Expanded View Of The Due Process Claim In Entrapment Cases, Paul Marcus
Paul Marcus
No abstract provided.
The United States Criminal Justice System: A Brief Overview, Paul Marcus
The United States Criminal Justice System: A Brief Overview, Paul Marcus
Paul Marcus
No abstract provided.
The Right To Counsel In Criminal Cases, A National Crisis, Mary Sue Backus, Paul Marcus
The Right To Counsel In Criminal Cases, A National Crisis, Mary Sue Backus, Paul Marcus
Paul Marcus
No abstract provided.
The Miranda Custody Requirement And Juveniles, Paul Marcus
The Miranda Custody Requirement And Juveniles, Paul Marcus
Paul Marcus
Concerns about the interrogation process and the ability of minors to navigate the criminal justice system often intersect. The impact of the age of juveniles can be seen in a variety of judicial decisions, most markedly those dealing with punishment. But judicial concern for juveniles goes well beyond sentencing. The interrogation process raises especially grave fears.
Since the Supreme Court issued its landmark ruling in Miranda v. Arizona disallowing compelled inculpatory statements by criminal suspects and defendants, there has been concern as to whether juveniles fully understand and appreciate their rights as articulated in Miranda and based in the Fifth …
The Media In The Courtroom: Attending, Reporting, Televising Criminal Cases, Paul Marcus
The Media In The Courtroom: Attending, Reporting, Televising Criminal Cases, Paul Marcus
Paul Marcus
No abstract provided.
The Proposed Revised Federal Criminal Code: Conspiracy Provisions, Paul Marcus
The Proposed Revised Federal Criminal Code: Conspiracy Provisions, Paul Marcus
Paul Marcus
No abstract provided.
The Faretta Principle: Self Representation Versus The Right To Counsel, Paul Marcus
The Faretta Principle: Self Representation Versus The Right To Counsel, Paul Marcus
Paul Marcus
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 Fall And Rise Of The Entrapment Defense, Paul Marcus
The Fall And Rise Of The Entrapment Defense, Paul Marcus
Paul Marcus
No abstract provided.
The Exclusion Of Evidence In The United States, Paul Marcus
The Exclusion Of Evidence In The United States, Paul Marcus
Paul Marcus
No abstract provided.
The Entrapment Defense: An Interview, Paul Marcus
The Entrapment Defense And Procedural Issues: Burden Of Proof, Questions Of Law And Fact, Inconsistent Defenses, Paul Marcus
The Entrapment Defense And Procedural Issues: Burden Of Proof, Questions Of Law And Fact, Inconsistent Defenses, Paul Marcus
Paul Marcus
Paul Marcus has produced an extremely thorough article on the intriguing and complex defense of entrapment. After analyzing the subjective and objective approaches to the defense, the author turns to the infrequently addressed question of evidence on predisposition. Included here are the recent ABSCAM cases.
Finally, the author explores the vagaries of inconsistent defenses and, on the whole, provides academics and practitioners with a refreshing and useful guide to some of the most important questions involving entrapment.
The Development Of Entrapment Law, Paul Marcus
The Challenge Of Prosecuting Organized Crime In The United States: Procedural Issues, Paul Marcus
The Challenge Of Prosecuting Organized Crime In The United States: Procedural Issues, Paul Marcus
Paul Marcus
No abstract provided.
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
Paul Marcus
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
Paul Marcus
No abstract provided.
The Crime Of Conspiracy Thrives In Decisions Of The United States Supreme Court, Paul Marcus
The Crime Of Conspiracy Thrives In Decisions Of The United States Supreme Court, Paul Marcus
Paul Marcus
No abstract provided.
Proving Entrapment Under The Predisposition Test, Paul Marcus
Proving Entrapment Under The Predisposition Test, Paul Marcus
Paul Marcus
No abstract provided.
Restrictions On Law Enforcement Investigation And Prosecution Of Crime, Paul Marcus
Restrictions On Law Enforcement Investigation And Prosecution Of Crime, Paul Marcus
Paul Marcus
No abstract provided.
Presenting, Back From The [Almost] Dead, The Entrapment Defense, Paul Marcus
Presenting, Back From The [Almost] Dead, The Entrapment Defense, Paul Marcus
Paul Marcus
No abstract provided.
It's Not Just About Miranda: Determining The Voluntariness Of Confessions In Criminal Prosecutions, Paul Marcus
It's Not Just About Miranda: Determining The Voluntariness Of Confessions In Criminal Prosecutions, Paul Marcus
Paul Marcus
No abstract provided.
Investigatory Practices And The Changing Entrapment Defense, Paul Marcus
Investigatory Practices And The Changing Entrapment Defense, Paul Marcus
Paul Marcus
No abstract provided.
Defending Miranda, Paul Marcus
Conspiracy: The Criminal Agreement, In Theory And In Practice, Paul Marcus
Conspiracy: The Criminal Agreement, In Theory And In Practice, Paul Marcus
Paul Marcus
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.
Criminal Conspiracy Law: Time To Turn Back From An Ever Expanding, Ever More Troubling Area, Paul Marcus
Criminal Conspiracy Law: Time To Turn Back From An Ever Expanding, Ever More Troubling Area, Paul Marcus
Paul Marcus
No abstract provided.
Correcting Deadly Confusion: Responding To Jury Inquiries In Capital Cases, Stephen P. Garvey, Sheri Lynn Johnson, Paul Marcus
Correcting Deadly Confusion: Responding To Jury Inquiries In Capital Cases, Stephen P. Garvey, Sheri Lynn Johnson, Paul Marcus
Paul Marcus
No abstract provided.
Combatendo A Corrupção Nos Estados Unidos, Paul Marcus
Combatendo A Corrupção Nos Estados Unidos, Paul Marcus
Paul Marcus
The article discusses the problematic of the fight against the corruption by the criminal justice system of the United States, mainly the white-collar crimes. It is emphasized, first, that in most of the cases does not result in trial, but in plea bargains, and, second, in many cases the encouragement from an undercover agent has served as an effective defense instrument. Finally, it is discussed the problematic of the use of information obtained from the technological devices and its probable violation to the right privacy.
This article is in Portuguese.
Co-Conspirator Declarations: The Federal Rules Of Evidence And Other Recent Developments, From A Criminal Law Perspective, Paul Marcus
Paul Marcus
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 …