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Criminal Law

1976

Journal

Institution
Keyword
Publication

Articles 1 - 30 of 121

Full-Text Articles in Law

Pendidikan Hukum Di Mata Mahasiswa, Arief Taruna Dec 1976

Pendidikan Hukum Di Mata Mahasiswa, Arief Taruna

Jurnal Hukum & Pembangunan

No abstract provided.


Pembaharuan Pendidikan Hukum, Team Asesmen Pendidikan Hukum Dec 1976

Pembaharuan Pendidikan Hukum, Team Asesmen Pendidikan Hukum

Jurnal Hukum & Pembangunan

No abstract provided.


Penelitian Hukum Dan Pendidikan Hukum, Soerjono Soekanto Dec 1976

Penelitian Hukum Dan Pendidikan Hukum, Soerjono Soekanto

Jurnal Hukum & Pembangunan

No abstract provided.


Pendidikan Hukum Di Amerika Serikat, Gregory Churchill Dec 1976

Pendidikan Hukum Di Amerika Serikat, Gregory Churchill

Jurnal Hukum & Pembangunan

No abstract provided.


Florida's Incompetency-To-Stand Trial Rule: A Possible Life Sentence?, Frank A. Vickory Dec 1976

Florida's Incompetency-To-Stand Trial Rule: A Possible Life Sentence?, Frank A. Vickory

Florida State University Law Review

No abstract provided.


'Materiality' Limits Prosecutors' Duty To Disclose Exculpatory Evidence To Defense, James K. Knight Jr. Dec 1976

'Materiality' Limits Prosecutors' Duty To Disclose Exculpatory Evidence To Defense, James K. Knight Jr.

Mercer Law Review

In United States v. Agurs, the U.S. Supreme Court held for the first time that criminal prosecutors have a constitutional duty to voluntarily disclose exculpatory evidence to a defendant even when the defense doesn't request such evidence. The Court, however, limited the scope of this new obligation by narrowly defining the category of material evidence to which it applies. It held that the duty arises only when the exculpatory evidence is so material that had it been disclosed, its use at trial would have created a reasonable doubt of the defendant's guilt that did not otherwise exist.

Respondent Agurs …


Criminal Law, Charles H. Weston, Walker P. Johnson Jr. Dec 1976

Criminal Law, Charles H. Weston, Walker P. Johnson Jr.

Mercer Law Review

The several hundred criminal cases decided by the Georgia Supreme Court and the Georgia Court of Appeals have been gleaned in an effort to present what we believe are the most interesting and informative. As we went through these cases, one thing became evident: Some relief must be given to the courts in their monumental task of hearing an increasing number of appeals and writs.

In categorizing the cases, we have used broad characterization in some instances but have headlined a very narrow point in others. In any event, the heading should point a reader in the right direction.


Criminal Law—Multiple Punishment Under The Organized Crime Control Act—A Need For Reexamination Of Wharton's Rule And Double Jeopardy—Iannelli V. United States, 420 U.S. 770 (1975), Christopher L. Koch Nov 1976

Criminal Law—Multiple Punishment Under The Organized Crime Control Act—A Need For Reexamination Of Wharton's Rule And Double Jeopardy—Iannelli V. United States, 420 U.S. 770 (1975), Christopher L. Koch

Washington Law Review

Robert lannelli and seven other petitioners were charged with conspiring to violate and violating 18 U.S.C. § 1955, a federal gambling statute which makes it a crime for five or more persons to conduct, finance, manage, supervise, direct, or own a gambling business prohibited by state law. Each petitioner was convicted of both offenses, and each was sentenced under both counts. On appeal the petitioners argued that conviction of both conspiracy and the substantive offense was precluded by Wharton's Rule, a common law exception to the principle that a substantive offense and a conspiracy to commit the offense are distinct …


Sentencing Study, Dan Kilpatric, Jack Brummel Nov 1976

Sentencing Study, Dan Kilpatric, Jack Brummel

Washington Law Review

Sentencing constitutes the critical connection between the criminal law and the penal system. Therefore, any analysis of sentencing involves fundamental and perplexing questions about the purposes and problems of the criminal justice system. This comment will focus on one of those problems: the exercise of judicial discretion in sentencing.


Consent In Criminal Law: Violence In Sports, Michigan Law Review Nov 1976

Consent In Criminal Law: Violence In Sports, Michigan Law Review

Michigan Law Review

Because there have been few criminal prosecutions for violence in sports, there are several difficult issues that have received only cursory analysis. This Note will focus on one such issue-the existence and effect of the consent of the injured party. In section I, it will analyze the various general theories relating to the nature of actual consent and will suggest that the current theoretical framework's emphasis on ascertaining the victim's subjective state of mind is, in some contexts, ill-conceived and unhelpful. It will argue that societal interests involved in human interactions should become a major focus of any analysis, particularly …


A Review Of The Presentence Diagnostic Study Procedure In North Carolina, Charles E. Smith Oct 1976

A Review Of The Presentence Diagnostic Study Procedure In North Carolina, Charles E. Smith

North Carolina Central Law Review

No abstract provided.


Reforming The Federal Criminal Code: A Congressional Response, Edward M. Kennedy Oct 1976

Reforming The Federal Criminal Code: A Congressional Response, Edward M. Kennedy

North Carolina Central Law Review

No abstract provided.


The Federal Bank Robbery Act - The Problem Of Separately Punishable Offenses Oct 1976

The Federal Bank Robbery Act - The Problem Of Separately Punishable Offenses

William & Mary Law Review

No abstract provided.


Duress As A Defence To Murder, John Beaumont Oct 1976

Duress As A Defence To Murder, John Beaumont

Dalhousie Law Journal

It is perhaps not surprising that in an age which has witnessed an ever increasing amount of terrorist activity, an opportunity should arise for the courts to examine the present status of the defence of duress in the criminal law. Such an opportunity was afforded to the House of Lords recently in Director of Public Prosecutions for Northern Ireland v. Lynch.


Duress As A Defence To Murder, John Beaumont Oct 1976

Duress As A Defence To Murder, John Beaumont

Dalhousie Law Journal

It is perhaps not surprising that in an age which has witnessed an ever increasing amount of terrorist activity, an opportunity should arise for the courts to examine the present status of the defence of duress in the criminal law. Such an opportunity was afforded to the House of Lords recently in Director of Public Prosecutions for Northern Ireland v. Lynch.


Book Reviews, Frank J. Remington, George B. Tindall Oct 1976

Book Reviews, Frank J. Remington, George B. Tindall

Vanderbilt Law Review

Fair and Certain Punishment

Review by Frank J. Remington

Punishing Criminals. By Ernest van den Haag. New York: BasicBooks, Inc., 1975. Thinking About Crime. By James Q. Wilson. New York: BasicBooks, Inc., 1975.

Times change. So also do opinions about important social problems such as crime and government's response to crime. The books of both van den Haag and Wilson reflect changing opinions on crime and on what to do about crime. Both urge that we abandon the view that social conditions are an important cause of crime and that an improvement in social conditions will reduce crime substantially.Both urge …


The Criminal Justice Act - 1964 To 1976, Dudley B. Bonsal Oct 1976

The Criminal Justice Act - 1964 To 1976, Dudley B. Bonsal

Indiana Law Journal

Colloquium: The Federal Judiciary: Essays from the Bench


Objectivity And Habeas Corpus: Should Federal District Court Judges Be Permitted To Rule Upon The Validity Of Their Own Criminal Trial Conduct?, Marilyn L. Kelley Oct 1976

Objectivity And Habeas Corpus: Should Federal District Court Judges Be Permitted To Rule Upon The Validity Of Their Own Criminal Trial Conduct?, Marilyn L. Kelley

University of Michigan Journal of Law Reform

It has already been suggested that one of the main purposes of section 2255 was to provide a convenient forum in which the trial judge might testify, if necessary. That purpose is, obviously, contrary to the interpretation rendered in Carvell.

Beyond this inconsistency, Carvell suggests two significant issues: first, that it is highly desirable that the motions be passed upon by the judge who is familiar with the facts; and second, that the criminal trial judge is not likely to be misled by allegations in the 2255 petition as to what had occurred. The first issue raises the question …


". . . We Are The Living Proof . . . ", Frederic L. Faust Oct 1976

". . . We Are The Living Proof . . . ", Frederic L. Faust

Florida State University Law Review

By David Fogel. Cincinnati, Ohio: The W. H. Anderson Co. 1975. Pp. xxi, 328. $9.50.


Duress As A Defence To Murder, John Beaumont Oct 1976

Duress As A Defence To Murder, John Beaumont

Dalhousie Law Journal

It is perhaps not surprising that in an age which has witnessed an ever increasing amount of terrorist activity, an opportunity should arise for the courts to examine the present status of the defence of duress in the criminal law. Such an opportunity was afforded to the House of Lords recently in Director of Public Prosecutions for Northern Ireland v. Lynch.


Beberapa Masalah Hambatan Terhadap Pelaksanaan Perwasitan Internasional Di Indonesia, Sidik Suraputra Aug 1976

Beberapa Masalah Hambatan Terhadap Pelaksanaan Perwasitan Internasional Di Indonesia, Sidik Suraputra

Jurnal Hukum & Pembangunan

No abstract provided.


Tinjauan Buku: Succession In The Moslem Family (N.J. Coulson), M. Tahir Azhary Aug 1976

Tinjauan Buku: Succession In The Moslem Family (N.J. Coulson), M. Tahir Azhary

Jurnal Hukum & Pembangunan

No abstract provided.


Kebudayaan Dan Hukum, Selo Soemardjan, Soerjono Soekanto Aug 1976

Kebudayaan Dan Hukum, Selo Soemardjan, Soerjono Soekanto

Jurnal Hukum & Pembangunan

No abstract provided.


Hubungan Timbal-Ballk Antara Hukum Dan Politik, Alfian Alfian Aug 1976

Hubungan Timbal-Ballk Antara Hukum Dan Politik, Alfian Alfian

Jurnal Hukum & Pembangunan

No abstract provided.


Pemillhan Umum 1975 Di Australia, Harun Alrasjid Aug 1976

Pemillhan Umum 1975 Di Australia, Harun Alrasjid

Jurnal Hukum & Pembangunan

No abstract provided.


Apa Dan Bagaimana Lembaran Negara Republik Indonesia, Wahjono Darmabrata Aug 1976

Apa Dan Bagaimana Lembaran Negara Republik Indonesia, Wahjono Darmabrata

Jurnal Hukum & Pembangunan

No abstract provided.


Criminal Redistribution Of Stolen Property: The Need For Law Reform, G. Robert Blakey, Michael Goldsmith Aug 1976

Criminal Redistribution Of Stolen Property: The Need For Law Reform, G. Robert Blakey, Michael Goldsmith

Michigan Law Review

Section I of this article describes various theft and fencing operations. As will be evident from that discussion, the most sophisticated fences are far removed from those receivers who are owners of seedy pawnshops or who indiscriminately select potential customers on the street, and thus they pose peculiar problems for law enforcement. Section II then identifies inadequacies in existing investigative techniques and in the substantive laws of receiving in light of modern theft and fencing operations. It proposes changes in the law and suggests appropriate law enforcement strategies to facilitate the detection and conviction of alleged fences. Needed changes in …


Recent Developments In Criminal Law In Nova Scotia, Jim Ortego, M. R. Goode Jul 1976

Recent Developments In Criminal Law In Nova Scotia, Jim Ortego, M. R. Goode

Dalhousie Law Journal

Judicial examination of the criminal process in Canada generally, and Nova Scotia in particular continues to grow. The consequent explosion of technical law, which some would regard as an implosion, places the academic writer on the horns of a dilemma when faced with the task of reviewing recent developments in the Nova Scotia criminal process. On the one hand, the writer may compress and omit detail in order to cover adequately developments in such widely disparate areas as murder and power to arrest. On the other hand, coverage may be sacrificed to detailed discussion of the law and its implications …


The Automobile Exception: What It Is And What It Is Not -- A Rationale In Search Of A Clearer Label, Charles E. Moylan Jr. Jul 1976

The Automobile Exception: What It Is And What It Is Not -- A Rationale In Search Of A Clearer Label, Charles E. Moylan Jr.

Mercer Law Review

The so-called "automobile exception" to the warrant requirement of the fourth amendment would pose few conceptual difficulties but for the simplistic assumption on the part of many lawyers and judges that the "automobile exception" has something to do with automobiles. It is the burden of this article to establish that that is not necessarily so. There are many legitimate warrantless searches of automobiles that do not remotely involve the "automobile exception." Conversely, there are some legitimate warrantless searches of non-automobiles that do. Our only real problem is that of coming to grips with the word "automobile."

"Automobile" means one thing …


Constitutional Law--Resumption Of Questioning After Right To Remain Silent Has Been Exercised, L. Lin Wood Jr. Jul 1976

Constitutional Law--Resumption Of Questioning After Right To Remain Silent Has Been Exercised, L. Lin Wood Jr.

Mercer Law Review

In Michigan v. Mosley the United States Supreme Court broadly held that the admissibility of statements obtained after a person in custody has decided to remain silent depends, under Miranda v. Arizona, on whether his "right to cut off questioning" was "scrupulously honored." The Court held: where an interrogation is immediately ceased when a fully informed suspect exercises his right to remain silent; a significant lapse of time passes before questioning is resumed; a fresh set of warnings is provided; and the questioning concerns an offense unrelated to the subject of the prior interrogation, then the defendant's right to cut …