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Articles 1 - 30 of 160
Full-Text Articles in Law
Hearing On Child Molestation, Joint Committee On Revision Of The Penal Code
Hearing On Child Molestation, Joint Committee On Revision Of The Penal Code
California Joint Committees
No abstract provided.
Survey Of Developments In West Virginia Law: 1980
Survey Of Developments In West Virginia Law: 1980
West Virginia Law Review
No abstract provided.
Criminal Law, Joseph J. Drolet
Criminal Law, Joseph J. Drolet
Mercer Law Review
Criminal law and procedure took some interesting and curious turns during the period of this survey. This article will first cover some of the most novel and notable case decisions of the year. Then a summary will be given of the changes wrought by the 1980 Georgia General Assembly. Finally, some of the recent trends in case law handed down by Georgia's appellate courts will be discussed.
Recent Amendments To The Texas Child Abuse Statutes: An Analysis And Recommendation., Antoinette M. Pollock
Recent Amendments To The Texas Child Abuse Statutes: An Analysis And Recommendation., Antoinette M. Pollock
St. Mary's Law Journal
Each year approximately one million children experience abuse by their parents and more than two thousand die as a result of injuries suffered. Drafters of child abuse legislation face the difficult task of accommodating the rights of parent and child, while ensuring the necessary exercise of state authority. In view of the delicate balancing of interests involved, child protection laws must be extensive and detailed in order to withstand constitutional challenge. The Sixty-sixth session of the Texas Legislature amended the child abuse section of the Texas Family Code. The Texas Family Code, as amended, is now capable of withstanding constitutional …
Child Molestation, Assembly Committee On Criminal Justice
Child Molestation, Assembly Committee On Criminal Justice
California Assembly
No abstract provided.
Plea Bargaining, Joint Committee For Revision Of The Penal Code
Plea Bargaining, Joint Committee For Revision Of The Penal Code
California Joint Committees
No abstract provided.
Mentally Disordered Violent Offenders, Assembly Health Committee
Mentally Disordered Violent Offenders, Assembly Health Committee
California Assembly
No abstract provided.
Specific Performance Of "Unfulfillable" Plea Bargains, Stuart L. Gasner
Specific Performance Of "Unfulfillable" Plea Bargains, Stuart L. Gasner
University of Michigan Journal of Law Reform
This article discusses how courts have handled the remedy dilemma presented by unfulfillable plea bargains. Part I analyzes the seminal Supreme Court opinion on the broken plea bargain question, Santobello v. New York. This section concludes that choice-of-remedy is not entirely a matter of lower court discretion. Rather, Santobello delegates to lower courts the authority to develop a law of remedies which conforms to the underlying principles of that decision. Part I also focuses on what courts have done with this mandate, discussing the elements of decision courts have developed to remedy unfulfillable plea bargains. Finally, Part II suggests …
Estelle V. Smith, Lewis F. Powell Jr.
Edwards V. Arizona, Lewis F. Powell Jr.
Edwards V. Arizona, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Michael M. V. Superior Court Of Sonoma County, Lewis F. Powell Jr.
Michael M. V. Superior Court Of Sonoma County, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
New York V. Belton, Lewis F. Powell Jr.
New York V. Belton, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Michigan V. Summers, Lewis F. Powell Jr.
Michigan V. Summers, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Steagald V. United States, Lewis F. Powell Jr.
Steagald V. United States, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
United States V. Cortez, Lewis F. Powell Jr.
United States V. Cortez, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Carter V. Kentucky, Lewis F. Powell Jr
Criminal Trials In Absentia: A Proposed Reform For Indiana, Myra L. Willis
Criminal Trials In Absentia: A Proposed Reform For Indiana, Myra L. Willis
Indiana Law Journal
No abstract provided.
United States V. Henry, 100 S. Ct. 2183 (1980), Paula Walborsky
United States V. Henry, 100 S. Ct. 2183 (1980), Paula Walborsky
Florida State University Law Review
Criminal Law-RECRUITED GOVERNMENT INFORMANTS: WHEN DOES THE RIGHT TO COUNSEL ATTACH?
State V. Pinder, 375 So. 2d 836 (Fla. 1979), Lesley J. Friedsam
State V. Pinder, 375 So. 2d 836 (Fla. 1979), Lesley J. Friedsam
Florida State University Law Review
Criminal Law-DOUBLE JEOPARDY-AN EXAMINATION OF SENTENCING IN FLORIDA FOR THE UNDERLYING FELONY IN A FELONY MURDER CASE AFTER Whalen v. United States
Drugs And Criminal Responsibility, Edward H. Benton, Andrew Bor, William H. Leech, Joyce A. Levy, Samuel D. Lipshie, Thomas B. Mitchell, Gary M. Brown
Drugs And Criminal Responsibility, Edward H. Benton, Andrew Bor, William H. Leech, Joyce A. Levy, Samuel D. Lipshie, Thomas B. Mitchell, Gary M. Brown
Vanderbilt Law Review
This Special Project has carried out three broad purposes.First, it has synthesized and organized materials concerning drugs and criminal responsibility into a useful guide for legal practitioners and others interested in the problems of the drug dependent defendant. Second, it has identified serious analytical flaws in many of the defenses available to the criminal defendant. Finally,it has responded to these deficiencies with proposals intended to protect not only the legal rights of the drug dependent defendant but also the rights of society pertaining to criminal justice. While these societal interests include the swift imposition of criminal penalties when warranted, they …
The Jurisprudence Of Larceny:An Historical Inquiry And Interest Analysis, Kathleen F. Brickey
The Jurisprudence Of Larceny:An Historical Inquiry And Interest Analysis, Kathleen F. Brickey
Vanderbilt Law Review
This Article tenders such a reconstruction and develops the theory that ownership, rather than possession, was the legal interest protected by common-law larceny. The theory is derived from analysis of the content of early theft law and the procedural forms through which property rights were vindicated.
Gag Orders, Assembly Committee On Criminal Justice
Gag Orders, Assembly Committee On Criminal Justice
California Assembly
No abstract provided.
Teh Exclusionary Rule, Assembly Committee On Criminal Justice
Teh Exclusionary Rule, Assembly Committee On Criminal Justice
California Assembly
No abstract provided.
09-09-1980 Preliminary Memorandum, John E. Sexton
09-09-1980 Preliminary Memorandum, John E. Sexton
Beltran v. Myers, 451 U.S. 625 (1981)
SUMMARY: This class action challenges the validity under federal law of California's "transfer-of-assets" rule governing eligibility for Medi-Cal benefits. It is straight-lined with Barbara Blum v Ethel Caldwell, 79-2034, which involves the New York "transfer-of-assests" rule.
Incapacitating The Habitual Criminal: The English Experience, Sir Leon Radzinowicz, Roger Hood
Incapacitating The Habitual Criminal: The English Experience, Sir Leon Radzinowicz, Roger Hood
Michigan Law Review
In this Article, Sir Leon Radzinowicz and .Dr. Roger Hood trace 150 years of unsuccessful English efforts to identify, sentence, and reform habitual criminal offenders. The Supreme Court's recent decision in Rummel v. Estelle has publicized habitual offender statutes in the United States. But Rummel primarily addressed the constitutionality, rather than the desirability, of a state habitual offender statute. This Article examines the broader policy questions common to habitual offender programs in both the United Stales and Great Britain. It describes the tension between liberal tradition and the state's desire to incapacitate those who repeatedly threaten life or property.
An Application Of Double Jeopardy And Collateral Estoppel Principles To Successive Prison Disciplinary And Criminal Prosecutions, Joseph S. Colussi
An Application Of Double Jeopardy And Collateral Estoppel Principles To Successive Prison Disciplinary And Criminal Prosecutions, Joseph S. Colussi
Indiana Law Journal
No abstract provided.
Court-Ordered Community Service In Criminal Law: The Continuing Tyranny Of Benevolence?, Alan T. Harland
Court-Ordered Community Service In Criminal Law: The Continuing Tyranny Of Benevolence?, Alan T. Harland
Buffalo Law Review
No abstract provided.
The Impact Of Common Law And Reform Rape Statutes On Prosecution: An Empirical Study, Wallace D. Loh
The Impact Of Common Law And Reform Rape Statutes On Prosecution: An Empirical Study, Wallace D. Loh
Washington Law Review
In July 1975, riding the crest of the national reform movement, the Washington State legislature enacted a new rape law that repealed a centenarian, common law-based statute. This article presents the results of an empirical study of the effects of the common law and reform rape statutes on prosecution in King County (Seattle), Washington, and assesses the implications of the findings for the law of rape and for prosecutorial discretion in the charging of rape. To the extent that definitional elements of the new Washington law have parallels in reform statutes of other states, and the statistical profile of the …
Mandatory Life Imprisonment Under Texas Recidivist Statute Not Violative Of Eighth Amendment When Applied To One Convicted Of Three Non-Violent, Property-Related Felonies., Patricia E. Rant
St. Mary's Law Journal
Abstract Forthcoming.
Criminal Law—Mandatory Jail Sentences: An Effective Solution To The Drunk Driver Crisis?—Wash. Rev. Code § 46.61.515 (1979), John T. Oliver
Criminal Law—Mandatory Jail Sentences: An Effective Solution To The Drunk Driver Crisis?—Wash. Rev. Code § 46.61.515 (1979), John T. Oliver
Washington Law Review
In 1979 the Washington Legislature amended the drunk driver statute to prescribe a minimum mandatory one-day jail sentence. This sanction is an inappropriate response to the existing crisis of intoxicated drivers on state roads and highways. It is unlikely that the mandatory jail term will be more than marginally effective as a deterrent to drunk driving; this sanction has not previously proven effective as a deterrent for the offense of driving while intoxicated (DWI). Moreover, the amended statute is likely to create substantial practical problems. By restricting the flexibility of the criminal justice system and increasing the likelihood that offenders …