Law Commons^™

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

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.

The Law Of Confessions - The Voluntariness Doctrine, Fredric I. Lederer

Faculty Publications

No abstract provided.

9-15-1976 Notes From Oral Argument, Harry A. Blackmun

Darden v. Florida, 430 U.S. 704 (1977)

Harry A. Blackmun's handwritten notes from oral argument.

"A Most Deplorable Paradox": Admitting Illegally Obtained Evidence In Georgia--Past, Present, And Future, Donald E. Wilkes Jr.

Scholarly Works

This Article explores the admissibility of illegally obtained evidence in Georgia criminal cases prior to 1961 and during the post-Mapp era and endeavors to assess the future admissibility of illegally seized evidence in Georgia under both federal and state law.

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

Jurnal Hukum & Pembangunan

No abstract provided.

Apa Dan Bagaimana Lembaran Negara Republik Indonesia, Wahjono Darmabrata

Jurnal Hukum & Pembangunan

No abstract provided.

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

Jurnal Hukum & Pembangunan

No abstract provided.

Pemillhan Umum 1975 Di Australia, Harun Alrasjid

Jurnal Hukum & Pembangunan

No abstract provided.

Hubungan Timbal-Ballk Antara Hukum Dan Politik, Alfian Alfian

Jurnal Hukum & Pembangunan

No abstract provided.

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 …

Claiming Illegal Electronic Surveillance: An Examination Of 18 U.S.C. 3504(A)(1), Margaret V. Sachs

Scholarly Works

This Comment will first discuss the making of claims under section 3504(a)(1), and will show that the statute should not be read to require that claims be accompanied by evidentiary support. It will then suggest that the statute should be read to encompass claims of attorney-third party conversations. Finally, the scope of the government's response to section 3504(a)(I) claims will be examined.

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 …

Constitutional-Criminal Law, J. Michael Walls

Mercer Law Review

The purpose of this article is to provide a discussion of the most interesting and noteworthy cases decided by the Fifth Circuit during 1975 in the area of constitutional criminal law. Although this circuit rendered approximately two hundred criminal opinions involving the constitutional protections guaranteed in the criminal process, relatively few cases dominated this field. Because of the importance of these cases, the author felt compelled to provide a fairly in depth treatment of several more significant decisions. However, in so doing every effort was made to avoid straying from the primary purpose of the article which is to survey …

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.

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 …

Criminal Law--Due Process--Burden Is On The State To Affirmatively Prove Lack Of License In Prosecution For Carrying Pistol Without A License, Robert V. Rodatus

Mercer Law Review

No abstract provided.

Suatu Tinjauan Mengenai Masalah Fiduciaire Eigendoms Overacht Sebagai Jaminan Hutang, Roesnastiti Prayitno

Jurnal Hukum & Pembangunan

No abstract provided.

Masalah Perjanjian Internasional Dalam Hubungan Dengan Keanggotaan Indonesia Dalam Islamic Development Bank, Dedi Soemardi

Jurnal Hukum & Pembangunan

No abstract provided.

Tinjauan Buku: Bentuk Lain Dari Kontrol (Goeffrey Sawer), Todung Mulya Lubis

Jurnal Hukum & Pembangunan

No abstract provided.

Lembaga Sewa Beli Sebagai Sarana Peningkatan Taraf Hidup Masyarakat, Sjahrizal Sjahrizal

Jurnal Hukum & Pembangunan

No abstract provided.

Melihat Segi2 Proteksi Dalam Kontrak Joint Venture Di Indonesia, Halim Shahab

Jurnal Hukum & Pembangunan

No abstract provided.

Criminal Law--Criminal Responsibility--A Pragmatic Approach To The Fourth Circuit, Michael Frank Pezzulli

West Virginia Law Review

No abstract provided.

Survey Of Developments In West Virginia Law: 1975-1976, Lloyd George Jackson Ii, John Burdick Koch, Alan Dale Moats, Thomas A. Vorbach

West Virginia Law Review

No abstract provided.

The Speedy Trial Act - Justice On The Assembly Line., Thomas Black

St. Mary's Law Journal

Abstract Forthcoming.

Withdrawal Of The Plea Of Guilty Upon A Decision By The Judge Not To Accept The Plea Agreement., Frank A. Porter

St. Mary's Law Journal

Abstract Forthcoming.

Testimony Of Accessory After The Fact Need Not Be Corroborated., Claude M. Mcquarrie Iii

St. Mary's Law Journal

Abstract Forthcoming.

Ignorance Of The Law: A Maxim Reexamined, Ronald A. Cass

William & Mary Law Review

No abstract provided.

The Legacy Of The Stubborn And Rebellious Son, Irene Merker Rosenberg, Yale L. Rosenberg

Michigan Law Review

In twentieth century America, as in Biblical ,times, parents unable to subdue their disobedient children are authorized to invoke the coercive power of the state. As recently as 1971, for example, the Supreme Judicial Court of Massachusetts rejected constitutional challenges to the state's "stubborn child" law, which at the time of its original enactment in 1646 was patterned after the above-quoted verse from Deuteronomy. The court upheld an adjudication that an adolescent girl who refused to submit to a medical examination, used vulgar language, slammed doors, and stayed outside the home "probably talking with the boys," was a "stubborn child" …