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Criminal Law

1971

St. Mary’s University School of Law

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Full-Text Articles in Law

A Study In The Treatment Of Crime And Law Enforcement In The United States As Compared To The European Countries., George E. Glos Dec 1971

A Study In The Treatment Of Crime And Law Enforcement In The United States As Compared To The European Countries., George E. Glos

St. Mary's Law Journal

The United States holds a comparably higher crime rate than European countries in the area of homicide, aggravated assault, robbery, burglary, and incitation of riots. This article explores the differences existing in the treatment of serious crimes in the leading systems of criminal law and law enforcement. This study examines how the United States, compared with European countries, define subcategories of major crimes and establish the penalties, defenses, and the access to relief attached to each crime. Contrasted with the provisions of the various states of the United States, the European provisions are simpler and carry stiffer penalties. The object …


Primary Requirements For The Application Of The Federal Writ Of Habeas Corpus And Its Problem Areas., L. Vance Stanton Dec 1971

Primary Requirements For The Application Of The Federal Writ Of Habeas Corpus And Its Problem Areas., L. Vance Stanton

St. Mary's Law Journal

Applications for issuance of writs of habeas corpus are among the most frequently filed petitions in federal courts. The substantial number of applications may be attributed to the fact that habeas corpus can be the fastest and most effective method which the law provides to insure an individual’s liberty. However, there are still areas within its framework that are unsettled. Specifically, there are two primary unsettled problems existing in federal habeas corpus proceedings, which include the certificate of probable cause and whether the federal rules apply to habeas corpus proceedings. The primary purpose of this article is to explain the …