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Criminal Law

1982

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Articles 1 - 30 of 193

Full-Text Articles in Law

Criminal Liability Of Corporate Officers For Strict Liability Offenses - Another View, Kathleen F. Brickey Nov 1982

Criminal Liability Of Corporate Officers For Strict Liability Offenses - Another View, Kathleen F. Brickey

Vanderbilt Law Review

This Article offers an alternative analysis of the doctrine articulated by the Supreme Court in Dotterweich and Park and its subsequent application by the Ninth Circuit. In the course of so doing, it suggests that Professor Abrams has lost sight of the public welfare offense model that provided the analytical framework within which the cases were decided and that his postulates may thus be faulted as lacking in context. The analysis in this Article demonstrates that the responsible share standard of liability has, from the outset, incorporated the requirement of an act or omission to act and that of causation …


Rule 10b-5-The Equivalent Scope Of Liability Under Respondeat Superior And Section 20(A)-Imposing A Benefit Requirement On Apparent Authority, Carol M. Lynch Nov 1982

Rule 10b-5-The Equivalent Scope Of Liability Under Respondeat Superior And Section 20(A)-Imposing A Benefit Requirement On Apparent Authority, Carol M. Lynch

Vanderbilt Law Review

This Note demonstrates that the scope of employer liability for employees' rule 10b-5 violations is no broader under a proper application of respondeat superior than under section 20(a). This Note does not address the question whether respondeat superior applies under rule 10b-5, but rather how courts should apply it.

Part II examines the majority, minority, and Third Circuit decisions on employer liability. Part III discusses the traditional analysis under both respondeat superior and section 20(a) and compares the scope of liability under each one. Part III concludes that except for an employer's liability for acts that are within an employee's …


Ticket Scalping: A New Look At An Old Problem, Thomas A. Diamond Nov 1982

Ticket Scalping: A New Look At An Old Problem, Thomas A. Diamond

University of Miami Law Review

Social, economic and legal factors have contributed to the success of ticket scalpers. Recently enacted unfair trade practices laws now provide courts with the means to regulate scalping and to provide effective redress for aggrieved consumers


Evaluating Michigan's Guilty But Mentally Ill Verdict: An Empirical Study, Gare A. Smith, James A. Hall Oct 1982

Evaluating Michigan's Guilty But Mentally Ill Verdict: An Empirical Study, Gare A. Smith, James A. Hall

University of Michigan Journal of Law Reform

Because Michigan's GBMI statute has been in effect for several years, enough data exists to assess the statute's use and practical effect. The purpose of this Project is to evaluate the statute and thus provide guidance for those legislatures considering similar proposals. This Project concludes that the new verdict has completely failed in its intended purpose. Part I describes the statute's history, legislative purpose, and procedural mechanics. Part II analyzes the displacing effect of the GBMI verdict on other verdicts, and sets forth empirical data on the disparate characteristics of defendants who raise the insanity defense and are subsequently found …


Constitutional Constraints On The Admissibility Of Grand Jury Testimony: The Unavailable Witness, Confrontation, And Due Process, Barbara L. Strack Oct 1982

Constitutional Constraints On The Admissibility Of Grand Jury Testimony: The Unavailable Witness, Confrontation, And Due Process, Barbara L. Strack

University of Michigan Journal of Law Reform

Defendants, however, have raised serious constitutional objections to the introduction of grand jury testimony when the witness is unavailable to testify at trial. These claims have focused on the confrontation clause of the sixth amendment and the due process clauses of the fifth and fourteenth amendments. Defendants have contended that the introduction of testimony from a grand jury proceeding which cannot be subjected to cross-examination fatally compromises the defendant's right to a fair trial. Lower courts are split over admitting grand jury testimony in these circumstances, and the Supreme Court has yet to rule on the issue. As a result, …


Jones V. Barnes, Lewis F. Powell Jr. Oct 1982

Jones V. Barnes, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Jones V. United States, Lewis F. Powell Jr. Oct 1982

Jones V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


South Dakota V. Neville, Lewis F. Powell, Jr. Oct 1982

South Dakota V. Neville, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.


Solem V. Helm, Lewis F. Powell Jr. Oct 1982

Solem V. Helm, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Florida V. Royer, Lewis F. Powell Jr. Oct 1982

Florida V. Royer, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Texas V. Brown, Lewis F. Powell Jr. Oct 1982

Texas V. Brown, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Illinois V. Gates, Lewis F. Powell Jr. Oct 1982

Illinois V. Gates, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Disclosure And Civil Use Of Immunized Testimony, Elizabeth J. Schwartz Oct 1982

Disclosure And Civil Use Of Immunized Testimony, Elizabeth J. Schwartz

Vanderbilt Law Review

This Recent Development examines the current conflict among the circuits. This study first explores the rationales under-lying use immunity and contrasts them with the guidelines formulated by the Supreme Court for controlling judicial disclosure of grand jury testimony. Second, this Recent Development examines the analyses used by the federal courts in determining whether to release immunized grand jury testimony for civil use's and the effect of disclosure on a witness' claim of fifth amendment privilege.This study submits that in their effort to promote civil discovery,several courts have misconstrued the scope and effect of the disclosure power and have usurped the …


11-20-1982 Preliminary Memorandum, Rochelle C. Dreyfuss Sep 1982

11-20-1982 Preliminary Memorandum, Rochelle C. Dreyfuss

Arizona Governing Comm. v. Norris, 463 U.S. 1073 (1983)

SUMMARY: A voluntary deferred compensation plan allowed retiring employees to choose between three forms of payments, including an annuity bought by petrs from independent insurance companies who use sex-based actuarial tables. The question is whether the employer has violated Title VII by offering this option


The Insanity Defense: Guilty By Reason Of Hinckley?, Bruce Berner Sep 1982

The Insanity Defense: Guilty By Reason Of Hinckley?, Bruce Berner

Law Faculty Publications

No abstract provided.


Search And Seizure, William R. Wilson Jr. Jul 1982

Search And Seizure, William R. Wilson Jr.

University of Arkansas at Little Rock Law Review

No abstract provided.


Book Review Of The Model Penal Code And Commentaries, Paul Marcus Jul 1982

Book Review Of The Model Penal Code And Commentaries, Paul Marcus

Faculty Publications

No abstract provided.


Enforced Self-Regulation: A New Strategy For Corporate Crime Control, John Braithwaite Jun 1982

Enforced Self-Regulation: A New Strategy For Corporate Crime Control, John Braithwaite

Michigan Law Review

Part I outlines the concept of enforced self-regulation, sketches its theoretical underpinnings, and illustrates its application in the context of corporate accounting standards. Part II argues the merits of enforced self-regulation. Part III dispels notions that the proposal is a radical departure from existing regulatory practice and points to areas in which necessary empirical research could be conducted by discussing incipient manifestations of partial enforced self-regulation models in the aviation, mining, and pharmaceutical industries. Part IV considers in some detail the weaknesses of the proposed model. The final Part considers the importance of determining an optimal mix of regulatory strategies; …


The Organization As Weapon In White-Collar Crime, Stanton Wheeler, Mitchell Lewis Rothman Jun 1982

The Organization As Weapon In White-Collar Crime, Stanton Wheeler, Mitchell Lewis Rothman

Michigan Law Review

This Article explores the advantages of using organization or occupation in the more typical case. Our inquiry takes this as its central question: What difference does it make when a white-collar crime is committed in the course of one's occupation or when acting on behalf, or with the assistance, of an organization? If we are becoming, as some have argued, an organizational society, then we should see the results of this change reflected in illicit as well as licit behavior. The organizational form may be used for either social or antisocial ends. Our principal hypothesis, as the title suggests, is …


Toward Understanding Unlawful Organizational Behavior, Diane Vaughan Jun 1982

Toward Understanding Unlawful Organizational Behavior, Diane Vaughan

Michigan Law Review

The emergence and growth of regulatory agencies charged with controlling organizational misconduct has been so widespread that the monitoring and regulation of corporate interactions has itself become "big business," with the complexity of the regulatory agencies at times matching or even exceeding that of the organizations they regulate. The effectiveness of these efforts to control unlawful organizational behavior has been assessed in many different ways. The records of agency investigations, administrative hearings, and judicial proceedings provide data on enforcement actions, court decrees, trials, convictions, penalties, and other indicators that allow empirical estimates to be made. A realistic assessment of agency …


The Criminal Liability Of Corporations And Other Groups: A Comparative View, L. H. Leigh Jun 1982

The Criminal Liability Of Corporations And Other Groups: A Comparative View, L. H. Leigh

Michigan Law Review

Briefly, three positions concerning corporate liability may be identified. First, there are systems of full corporate criminal liability, such as those in England and the United States. Second, there are systems that recognize only partial corporate criminal liability, for example Denmark, Belgium, and France. Finally, some systems do not permit such liability at all, or permit it only under the guise of administrative offenses. Italy and West Germany afford examples of this restrictive view of corporate liability.

This Article will sketch each of these positions in some detail, beginning, in Part I, with those systems that authorize full liability. Part …


The Sentencing Of White-Collar Criminals In Federal Courts: A Socio-Legal Exploration Of Disparity, Ilene H. Nagel, John L. Hagan Jun 1982

The Sentencing Of White-Collar Criminals In Federal Courts: A Socio-Legal Exploration Of Disparity, Ilene H. Nagel, John L. Hagan

Michigan Law Review

This Article addresses that question by examining judicial sentencing philosophy as applied to white-collar criminality and reporting data that illuminate the operation of that philosophy. Part I of the Article argues that the traditional purposes and limits of criminal sentencing may plausibly justify either disparate or comparable sentences in cases of white-collar and common criminality. Part II describes the obstacles to an accurate empirical inquiry into how judges resolve these uncertainties in the theory of punishment. Part III presents a study designed to overcome as many of these obstacles as possible. What is most dramatic is that the resulting data …


Intracorporate Plurality In Criminal Conspiracy Law, Sarah N. Welling May 1982

Intracorporate Plurality In Criminal Conspiracy Law, Sarah N. Welling

Law Faculty Scholarly Articles

The concept of conspiracy currently plays a significant role in three areas of substantive law: antitrust, civil rights, and criminal law. Although the role of conspiracy in these substantive areas of law differs in many ways, all three require that the conspiracy consist of a plurality of actors. Determining what constitutes a plurality of actors when all the alleged conspirators are agents of a single corporation poses a continuing problem.

This problem raises two distinct questions. The first is whether, when one agent acts alone within the scope of corporate business, the agent and the corporation constitute a plurality. The …


Indigent Criminal Defendants Should Pay For Their Appeals, Myron Moskovitz May 1982

Indigent Criminal Defendants Should Pay For Their Appeals, Myron Moskovitz

Publications

No abstract provided.


From Pillory To Penitentiary: The Rise Of Criminal Incarceration In Early Massachusetts, Adam J. Hirsch May 1982

From Pillory To Penitentiary: The Rise Of Criminal Incarceration In Early Massachusetts, Adam J. Hirsch

Michigan Law Review

While the transition from the old forms of criminal sanction to incarceration was perhaps not, as Jeremy Bentham claimed, "one of the most signal improvements that have ever yet been made in our criminal legislation," one does not overstate to call it a signal development in the history of Anglo-American criminal justice - a development, one may add, that still wants adequate examination, much less explanation. This Article attempts to do both for one sample region: Massachusetts. Though the jurisprudential movement from pillory to penitentiary took place throughout the new American republic, as well as much of western Europe, our …


Adoue V. State, 408 So. 2d 567 (Fla. 1981), John Cattano Apr 1982

Adoue V. State, 408 So. 2d 567 (Fla. 1981), John Cattano

Florida State University Law Review

Criminal Law-"PLAIN VIEW" AND THE "PLAIN VIEW DOCTRINE"


Extraterritorial Jurisdiction Of Federal Criminal Law: The Assassination Of Congressman Ryan, David W. Mills Apr 1982

Extraterritorial Jurisdiction Of Federal Criminal Law: The Assassination Of Congressman Ryan, David W. Mills

University of Miami Inter-American Law Review

No abstract provided.


The Crime Controversy: Avoiding Realities, David L. Bazelon Apr 1982

The Crime Controversy: Avoiding Realities, David L. Bazelon

Vanderbilt Law Review

Speaking before the nation's police chiefs last fall, President Reagan said, "The frightening reality is that for all the speeches by those of us in Government-for all the surveys, studies, and blue ribbon panels--for all the 14-point programs and the declarations of war on crime--crime has continued its steady, upward climb and our citizens have grown more and more frustrated, frightened,and angry."'I must concur with the President's depressing picture. In the thirty-two years that I have been on the bench, the "war against crime" has been a high national priority. Nevertheless, crime--and the fear of crime--seem worse today than ever …


The Acquisition Of Evidence For Criminal Prosecution: Some Constitutional Premises And Practices In Transition, H. Richard Uviller Apr 1982

The Acquisition Of Evidence For Criminal Prosecution: Some Constitutional Premises And Practices In Transition, H. Richard Uviller

Vanderbilt Law Review

This Article isolates only two of the many aspects of the Court's labors affecting the acquisition of evidence for criminal prosecution. The first concerns the allocation of primacy among the values that the exclusionary response to the illegal acquisition of evidence serves: a theoretical choice that may carry some notable practical consequences. The second requires are examination of the role of the trial court in supervising the preaccusatory search for evidence in a way that suggests the possible obsolescence of the Supreme Court's ruling credo in the Stewart era.


The Limits Of Law Enforcement, Hans Zeisel Apr 1982

The Limits Of Law Enforcement, Hans Zeisel

Vanderbilt Law Review

Society will not be able to solve the crime problem before it has solved the problems of the ghettos. Such an undertaking is a big task, on which society thus far has worked with little diligence.Even if efforts are increased beyond their present level, the task will take a long time. Nevertheless, the question must be ad-dressed, and the statistics point precisely to where the endeavor must begin. Crime typically starts early in life, therefore, radical efforts should be made to reach these crime-prone youths before their life style is fixed. One particular statistic illuminates the problem and suggests a …