Law Commons^™

Survey Of Developments In West Virginia Law: 1980

West Virginia Law Review

No abstract provided.

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

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 …

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 …

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

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

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

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

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.

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

Indiana Law Journal

No abstract provided.

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

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

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 …

Survey Of Developments In West Virginia Law: 1979

West Virginia Law Review

No abstract provided.

Commentary--The Federal Criminal Code Reform Act And New Sentencing Alternatives, Edward M. Kennedy

West Virginia Law Review

No abstract provided.

The Racketeer Influenced And Corrupt Organizations Act: An Analysis Of The Confusion In Its Application And A Proposal For Reform, Whitney L. Schmidt

Vanderbilt Law Review

This Note will first discuss the technical elements of a RICO violation and set forth the four separate crimes that constitute the statute's central provisions. After then examining RICO's crucial statutory definitions and the confusion reflected in their application, this Note will evaluate the various judicial interpretations of the statute and propose a solution for amending the statute that is harmonious with legislative intent and accommodates the needs of both society and the individual.

For Capital Punishment, Michigan Law Review

Michigan Law Review

A Book Notice about For Capital Punishment by Walter Berns

Viii. Criminal Law

Washington and Lee Law Review

No abstract provided.

Recent Publications, Unidentified Author

Vanderbilt Law Review

Beating a Rap? Defendants Found Incompetent to Stand Trial

In this book, Henry Steadman, Director of the Special Projects Research Unit of the New York State Department of Mental Hygiene, addresses the common suspicion that defense attorneys enable their clients to escape criminal charges by having the clients declared incompetent to stand trial. Such suspicion, he argues, results both from public confusion over the legal and psychiatric issues in a competency hearing and from a lack of understanding (even among experts) about the practical results that flow from a determination of incompetency.

Law and Order in American History Edited by …

Involuntary Intoxication Is A Defense In Texas., Lewis Buttles

St. Mary's Law Journal

Abstract Forthcoming.

Fla. Stat. § 806.01: Florida Arson Law -- The Evolution Of The 1979 Amendments, Lawrence W. Smith

Florida State University Law Review

No abstract provided.

Fifth Amendment: Compulsory Production Of Incriminating Business Records

Journal of Criminal Law and Criminology

No abstract provided.

Book Reviews

Journal of Criminal Law and Criminology

No abstract provided.

Career Criminal Prosecution: Potential Objectives, Peter W. Greenwood

Journal of Criminal Law and Criminology

No abstract provided.

Selection Criteria For Career Criminal Programs, Kristen M. Williams

Journal of Criminal Law and Criminology

No abstract provided.

Jury Simulation: The Impact Of Judge's Instructions And Attorney Tactics On Decisionmaking, Robin Reed

Journal of Criminal Law and Criminology

No abstract provided.

Symposium On The Career Criminal Program--Prologue, Marvin E. Wolfgang

Journal of Criminal Law and Criminology

No abstract provided.

Fighting Crime: The Problem Of Adolescents, Barbara Boland

Journal of Criminal Law and Criminology

No abstract provided.