Law Commons^™

That's My Story And I'M Stickin' To It: The Jury As Fifth Business In The Trial Of O.J. Simpson And Other Matters, Marianne Wesson

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No abstract provided.

The O.J. Inquisition: An American Encounter With Continental Criminal Justice, Myron Moskovitz

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October 3, 1995 marked the end of the O.J. Simpson double murder trial, which lasted 474 days and was billed "the trial of the century. " After less than four hours of deliberation, the jury acquitted Mr. Simpson of all charges. The following article is a dramatization of how a case similar to the Simpson trial might be handled by a civil-law European criminal justice system.

Utilizing an unusual format, Professor Myron Moskovitz examines and illustrates the differences between the United States and civil-law European criminal justice systems. The author uses a play script inspired by the events in the …

Waiver Of The Right To Appeal, Robert K. Calhoun

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This Article explores the legal and constitutional issues raised by appeal waivers. Section I analyzes the current state of the case law. Section II explores the due process challenge to appeal waivers, and concludes that such a challenge would be difficult to sustain given the current state of due process law. It, nonetheless, goes on to suggest that a key premise of due process theory as it relates to plea bargaining- the presumed equality of bargaining power between the prosecution and the defense-may be ripe for challenge. Section ill discusses the public policy arguments for and against appeal waivers, and …

Self-Defense In Colorado, H. Patrick Furman

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No abstract provided.

A Matter Of Evidence Or Of Law? Battered Women Claiming Self-Defense In California, Rachel A. Van Cleave

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This essay examines the obstacles battered women face in the form of evidentiary rules and in the definitions of certain elements of self-defense, focusing specifically on the appellate court opinion in Aris. The essay then evaluates existing and pending legislation in California which has sought to undo the narrowing effected by Aris. Finally, the essay proposes statutory language which would be more effective in ensuring that battered women who kill their batterers in non-traditional confrontational situations may fully present their claims of self-defense. Where a defendant claims self-defense and presents evidence regarding the Battered Woman Syndrome ("BWS"), my …

A Case Of Clothing And Smell Obsession In A Bisexual Adult Woman, Marianne Wesson

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No abstract provided.

Not Guilty By Reason Of Victimization, Susan Rutberg

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As criminal defense lawyers we are privy to our clients' psycho-social histories in a way that others in the system are not. We have a responsibility to educate judges and juries about the relevance of traumatic events to the formationof specific intent, and to the significance of PTSD as a factor in mitigation at sentencing. We do much more for our clients if we can bring this information to light early on, as part of our representation of first-time offenders. While the PTSD defense has been employed almost exclusively in homicide cases, we must not hold this defense in reserve …

There Must Be Fifty Ways To Lose Your (Driver's) License, H. Patrick Furman

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No abstract provided.

Mysteries Of Violence And Self-Defense: Myths For Men, Cautionary Tales For Women, Marianne Wesson

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No abstract provided.

The Paradox Of Punishment, Paul Campos

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Retribution demands reciprocity. In this Essay, Professor Campos contends that classic retributive theory encounters a logical paradox when it attempts to equalize the status of criminal and victim through the institution of punishment. This paradox arises out of a clash between the deontological requirements of equality and justice. He concludes by speculating on the historical relationship between rationalist justifications for vengeance and the elimination of punishment as public spectacle.

1992 Criminal Law Legislative Update, H. Patrick Furman

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No abstract provided.

The Definition And Determination Of Insanity In Colorado, H. Patrick Furman

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No abstract provided.

Criminal Law 1991 Legislative Update, Philip A. Cherner, H. Patrick Furman

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No abstract provided.

Book Review, William T. Pizzi

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No abstract provided.

Colorado Law Concerning Accomplices And Complicity, Marianne Wesson

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No abstract provided.

A New Approach To The Fourth Amendment In Light Of Proposition Eight, Robert K. Calhoun

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The purpose of this article is quite simple. It confines itself to the area of search and seizure law and begins by assuming the worst-that the Court eventually rules that a federal standard applies to all such suppression issues. It then goes on to propose an argument which is intended to rescue as much of California's independent search and seizure law as is possible.

The Privilege Against Self-Incrimination In A Rescue Situation, William T. Pizzi

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No abstract provided.

Book Review, Mark J. Loewenstein

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No abstract provided.

Indigent Criminal Defendants Should Pay For Their Appeals, Myron Moskovitz

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No abstract provided.

Mens Rea And The Colorado Criminal Code, Marianne Wesson

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No abstract provided.

The Jury-Some Thoughts, Historical And Personal, Peter Keane

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rich baggage of our heritage and origins as a communal people. It is both what we have been and what we are now. From the jury's first crude forms developed by our primitive ancestors in thick groves of forest clearings, to contemporary juries in modern courtrooms listening to testimony about DNA and E. Coli Bacteria, the institution has been adequate to the tasks we give it. A jury is a more representative societal mechanism of our culture than anything else in which we participate as citizens.

Variations On The Theme Of Dombrowski V. Pfister: Federal Intervention In State Criminal Proceedings Affecting First Amendment Rights, Marc Stickgold

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One of the most rapidly changing and complex areas of the law revolves around the propriety and wisdom of federal court ((interference" with state court proceedings involving first amendment rights. Mr. Stickgold examines the doctrine being evolved in this area, centering the discussion around Dombrowski v. Pfister and cases that have followed it. The author reports that several courts have not followed the Dombrowski mandates, and consequently, fundamental first amendment freedoms are not adequately protected.

The Ex-Convict's Right To Vote, David H. Getches

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No abstract provided.