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Criminal Law

Series

1978

Institution
Keyword
Publication

Articles 1 - 30 of 37

Full-Text Articles in Law

Cognitive Death: Differential Problems And Legal Overtones, H. Richard Beresford Nov 1978

Cognitive Death: Differential Problems And Legal Overtones, H. Richard Beresford

Cornell Law Faculty Publications

No abstract provided.


Domestic Violence, Senate Subcommittee On Administration Of Justice Oct 1978

Domestic Violence, Senate Subcommittee On Administration Of Justice

California Senate

No abstract provided.


The Allen Instruction In Criminal Cases: Is The Dynamite Charge About To Be Permanently Defused?, Paul Marcus Oct 1978

The Allen Instruction In Criminal Cases: Is The Dynamite Charge About To Be Permanently Defused?, Paul Marcus

Faculty Publications

No abstract provided.


Michigan V. Defillippo, Lewis F. Powell Jr. Oct 1978

Michigan V. Defillippo, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Dunaway V. New York, Lewis F. Powell Jr. Oct 1978

Dunaway V. New York, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Duren V. Missouri, Lewis F. Powell Jr. Oct 1978

Duren V. Missouri, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Brown V. Texas, Lewis F. Powell Jr. Oct 1978

Brown V. Texas, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Dunn V. United States, Lewis F. Powell Jr. Oct 1978

Dunn V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Dalia V. United States, Lewis F. Powell Jr. Oct 1978

Dalia V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Arkansas V. Sanders, Lewis F. Powell Jr. Oct 1978

Arkansas V. Sanders, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Smith V. Maryland, Lewis F. Powell Jr. Oct 1978

Smith V. Maryland, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


North Carolina V. Butler, Lewis F. Powell Jr. Oct 1978

North Carolina V. Butler, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States V. Helstoski, Lewis F. Powell Jr. Oct 1978

United States V. Helstoski, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States V. Addonizio, Lewis F. Powell Jr. Oct 1978

United States V. Addonizio, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Parker V. Randolph, Lewis F. Powell Jr. Oct 1978

Parker V. Randolph, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Commonwealth Of Massachusetts V. White, Lewis F. Powell Jr. Oct 1978

Commonwealth Of Massachusetts V. White, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


A Constitutional Analysis Of The Prohibition Against Collateral Attack In The Mexican-American Prisoner Exchange Treaty, Ira Robbins Oct 1978

A Constitutional Analysis Of The Prohibition Against Collateral Attack In The Mexican-American Prisoner Exchange Treaty, Ira Robbins

Articles in Law Reviews & Other Academic Journals

Introduction: On November 25, 1976, the United States and Mexico concluded a bilateral treaty providing for reciprocal prisoner exchange, so that a national of one party to the agreement could complete his sentence in his home country.' The objectives of the agreement essentially were twofold: first, there was a need to ameliorate relations with Mexico on the delicate matter of the abuse of American citizens confined in Mexican prisons; second, there was a strong desire to alleviate special hardships, such as those respecting living conditions and prospects for rehabilitation, resulting from imprisonment in a foreign country. The Treaty was ratified …


Representation Of Women Who Defend Themselves In Response To Physical Or Sexual Assault Arguedas, Elizabeth M. Schneider, Susan B. Jordan, Cristina C. Arguedas Apr 1978

Representation Of Women Who Defend Themselves In Response To Physical Or Sexual Assault Arguedas, Elizabeth M. Schneider, Susan B. Jordan, Cristina C. Arguedas

Faculty Scholarship

No abstract provided.


Handbook On Domestic Violence, California Department Of Justice Apr 1978

Handbook On Domestic Violence, California Department Of Justice

California Agencies

This booklet was prepared as a program supplement for distribution at the Attorney General's Conference on Domestic Violence held during the week of April 24-28, 1978 in San Francisco and Los Angeles. The purpose of the Conference on Domestic Violence was to provide a statewide policy level forum for sharing the newest information available about law enforcement and criminal justice procedures for dealing with domestic violence.


Presuming Lawyers Competent To Protect Fundamental Rights: Is It An Affordable Fiction?, Robert G. Lawson Jan 1978

Presuming Lawyers Competent To Protect Fundamental Rights: Is It An Affordable Fiction?, Robert G. Lawson

Law Faculty Scholarly Articles

This article explores the ramifications of Wainwright v. Sykes, a case decided before the Supreme Court of the United States in 1977. The broad question before the Court in Sykes concerned the extent to which state prisoners should have access to federal court by use of the writ of habeas corpus. The narrow issue before the Court concerned the impact on a prisoner's claim for habeas relief of procedural defaults (such as a failure to object to evidence, a failure to perfect an appeal, etc.) that occur in the state proceeding under attack. In considering these important issues Justice …


Improving Police Discretion Rationality In Handling Public Inebriates Part Ii, David Aaronson Jan 1978

Improving Police Discretion Rationality In Handling Public Inebriates Part Ii, David Aaronson

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Improving Police Discretion: Rationality In Handling Public Inebriates Part Ii, David Aaronson , C. Dienes, Michael Musheno Jan 1978

Improving Police Discretion: Rationality In Handling Public Inebriates Part Ii, David Aaronson , C. Dienes, Michael Musheno

Articles in Law Reviews & Other Academic Journals

In 1913 Eugene Ehrlich spoke of the living law when he stated that "[a]t the present as well as at any other time, the center of gravity of legal development lies not in legislation, nor in juristic science, nor in judicial decision, but in society itself.' This article is premised on the belief that Ehrlich's perception is as valid today as it was then. If you want to know the law relating to public intoxication you cannot be content with the statutes and ordinances, in the court decisions nor even the administrative rules and regulations of those charged with enforcing …


Homicide In California, 1978, California Department Of Justice Jan 1978

Homicide In California, 1978, California Department Of Justice

California Agencies

No abstract provided.


Legal Services, Prisoners' Attitudes And "Rehabilitation.", Geoffrey P. Alpert, John M. Finney, James F. Short Jr Jan 1978

Legal Services, Prisoners' Attitudes And "Rehabilitation.", Geoffrey P. Alpert, John M. Finney, James F. Short Jr

Faculty Publications

No abstract provided.


Bordenkircher V. Hayes: Ignoring Prosecutorial Abuses In Plea Bargaining, Stephen F. Ross Jan 1978

Bordenkircher V. Hayes: Ignoring Prosecutorial Abuses In Plea Bargaining, Stephen F. Ross

Journal Articles

In Bordenkircher v. Hayes, the United States Supreme Court upheld a conviction on a charge the prosecutor admittedly filed solely because the defendant refused to plead guilty to another set of charges. Hayes is a sudden departure from a line of cases in which the Court refused to allow prosecutorial charging decisions to be made to discourage a criminal defendant from exercising constitutional or procedural rights. The decision effectively removes plea bargaining from its constitutional premise: the "mutuality of advantage" between the prosecutor and the defendant. Rather than approving the broad exercise of prosecutorial discretion in plea negotiations, the …


Theory And Reform Of Criminal Law, Jerome Hall Jan 1978

Theory And Reform Of Criminal Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


Changing The Public Drunkenness Laws: The Impact Of Decriminalization, David Aaronson Jan 1978

Changing The Public Drunkenness Laws: The Impact Of Decriminalization, David Aaronson

Articles in Law Reviews & Other Academic Journals

Laws that decriminalize public drunkenness continue to use the police as the major intake agent for public inebriates under the "new" public health model of detoxification and treatment. Assuming that decriminalization introduces many disincentives to police intervention using legally sanctioned procedures, we hypothesize that it will be fol- lowed by a statistically significant decline in the number of public inebriates formally handled by the police in the manner designated by the "law in the books." Using an "interrupted time-series quasi- experiment" based on a "stratified multiple-group single-I design," we confirm this hypothesis for Washington, D.C., and Minneapolis, Minnesota. However, through …


Postconviction Habeas Corpus Relief In Georgia: A Decade After The Habeas Corpus Act, Donald E. Wilkes Jr. Jan 1978

Postconviction Habeas Corpus Relief In Georgia: A Decade After The Habeas Corpus Act, Donald E. Wilkes Jr.

Scholarly Works

Part II of this Article will highlight the grounds for relief from a conviction or sentence that were available to a Georgia prisoner prior to 1967 and the procedural obstacles to relief that existed. Part III will explore the grounds for relief currently available, and Part IV will examine the procedural obstacles to postconviction relief that remain. Part V will briefly summarize the availability of postconfiction relief in federal court to determine whether the 1967 Act has in fact eliminated the friction between the state courts and the federal courts.


Sentencing In Indiana: Appellate Review Of The Trial Court's Discretion, John Eric Smithburn Jan 1978

Sentencing In Indiana: Appellate Review Of The Trial Court's Discretion, John Eric Smithburn

Journal Articles

Two significant developments, legislative and judicial, have taken place in Indiana criminal law in recent months which may offer an effective response to the problem of unguided discretionary sentencing. The Indiana Penal Code has been revised to require that the trial court, before sentencing a convicted felon, conduct a separate hearing for the purpose of determining the appropriate sentence and to make a record of the hearing which must include a statement of the court's reasons for selecting the sentence imposed. The General Assembly has also provided specific directives which the trial court must consider in determining a proper sentence …


The Mistake Of Fact Defense And The Reasonableness Requirement, Margaret F. Brinig Jan 1978

The Mistake Of Fact Defense And The Reasonableness Requirement, Margaret F. Brinig

Journal Articles

This article examines specifically the mistake of fact defense and its disparate treatment under these two systems of justice. The British approach is to retain a subjective element in the mistake of fact defense, while American courts impose an objective "reasonableness" requirement. The substantive criminal law approach, utilizing the concept of mens rea, will be discussed first, and will be followed by a treatment of recent American constitutional developments in the area of burden of proof standards in their criminal context. Finally, two factually similar rape cases, one British and one American, will be analyzed to show the present contrasting …