Law Commons^™

Of Liberalism And Conservatism In American Criminal Law, Gerhard O. W. Mueller

Duquesne Law Review

Continental scholars traditionally have been preoccupied with the creation of theories about existing and emerging phenomena, and since these theories became identified with their creators and foremost proponents, the custom has emerged of focusing much of the scholarly writing on these theories and, of necessity, on their spokesmen. Thus, continental criminal law scholarship in theoretical, yet personal. American scholarship has not yet quite reached that point; it is not similarly focused on theories and their spokesmen, but deals with issues. In short, and with a bit of exaggeration, European scholars of criminal law talk to and about each other and …

The Principle Of "Harm" In The Concept Of Crime: A Comparative Analysis Of The Criminally Protected Legal Interests, Albin Eser

Duquesne Law Review

Contrary to most continental European criminal theories, in which the notion of harm-defined as a violation of some legally protected interest -plays a key role in determining criminality, Anglo-American criminal jurisprudence has paid little attention to the theoretical exploration and practical employment of the principle of harm.

Criminal Law - Habeas Corpus - Prematurity, John L. Gedid

Duquesne Law Review

Pennsylvania has abrogated the prematurity doctrine.

Commonwealth ex rel. Stevens v. Myers, 419 Pa. 1, 213 A.2d 501 (1965).

Criminal Law And Procedure, John F. Naughton

Duquesne Law Review

Pennsylvania statute that authorizes a jury to impose costs on an acquitted misdemeanor defendant and subjects him to imprisonment for failure to pay such costs is invalid under the due process clause of the fourteenth amendment.

Giaccio v. State of Pennsylvania, 86 Sup. Ct. 518 (1966).

The Renaissance Of The Criminal Law: The Responsibility Of The Trial Lawyer, J. Skelly Wright

Duquesne Law Review

Criminal law, long the stepchild of the law school and the lawyer, is showing signs of a return to acceptability. Once law school freshmen dozed through this required course while freshmen law teachers, compelled by their lack of seniority to teach it, droned through their notes. Now bright-eyed young men and women, stimulated and directed by creative and provocative lecturers, debate the concepts of culpability, capacity, competence, equal justice, right to counsel, and the defendant's right to a fair trial in relation to the rights of television and the press to cover fully not only the trial itself but also …