Law Commons^™

Casenotes Criminal Law — Evidence — Expert Testimony That Rape Victim Suffered Post Traumatic Stress Disorder Is Admissible To Rebut A Defense Of Consent. State V. Allewalt, 308 Md. 89, 517 A.2d 741 (1986), Robert C. Sanders

University of Baltimore Law Review

No abstract provided.

Casenotes: Criminal Law — Accessoryship — An Accessory Before The Fact May Be Convicted Of A Greater Crime Or Degree Of Crime Than The Principal. Jones V. State, 302 Md. 153, 486 A.2d 184 (1985), Michael Carlis

University of Baltimore Law Review

No abstract provided.

A Report And Analysis Of The Military Mental Nonresponsibility Defense, Darryll K. Jones

Journal Publications

Due to the intense pressures of warfare, and the more common stress related demands placed on the peacetime service member, the mental nonresponsibility defense should be more often legitimately asserted in a military criminal trial. Further, those who place demands on service members have an obligation to ensure that the nonresponsibility defense is substantively and procedurally fair. This article analyzes the nonresponsibility defense, beginning with the procedural aspects and later examining significant substantive issues and how they are resolved by the United States Court of Military Appeals. The procedural section will discuss how the nonresponsibility issue is raised, the defendant's …

Competency For Execution: Problems In Law And Psychiatry, Barbara A. Ward

Florida State University Law Review

No abstract provided.

Dismantling The Exclusionary Rule: United States V. Leon And The Courts Of Washington—Should Good Faith Excuse Bad Acts?, Catherine Cruikshank

Seattle University Law Review

This Note will review briefly the history of the exclusionary rule under fourth amendment jurisprudence, with special emphasis given to the purposes the rule has traditionally been thought to serve. The significance of the Leon decision then will be examined in light of the emergence in Washington of an interpretation of article I, section 7 that diverges from the Supreme Court's interpretations of the fourth amendment. This Note will conclude by discussing how article I, section 7 continues to embody the several purposes traditionally served by the exclusionary rule.

Nazi War Criminals In The United States: It's Never Too Late For Justice, David R. Gelfand

Vanderbilt Journal of Transnational Law

While this note focuses on Nazi war criminals living in the United States, it calls for international cooperation in prosecuting war criminals. It traces the history of post-war agreements relating to the prosecution of Nazi war criminals, and their application at the Nuremberg Trials. This note then examines how Nazi war criminals entered the United States following World War II, and how they have lived here for four decades virtually unnoticed. Additionally, this note analyzes the recent efforts of the Office of Special Investigations (OSI), a branch of the Department of Justice, to prosecute Nazi war criminals living in the …

Dreams, Prophecy And Sorcery: Blaming The Secret Offender In Medieval Iceland, William I. Miller

Articles

An eminent legal historian once noted that the fundamental problem of law enforcement in primitive societies is that of the secret offender. The Icelandic legal and dispute processing systems depended on a wrongdoer publishing his deed, or at least committing it in an open and notorious manner. No state agencies existed to investigate and discover the non-publishing wrongdoer. But there were strong normative inducements to wrong openly; one's name was at stake. There was absolutely no honor in thievery, only the darkest shame; the ransmadr, on the other hand, suffered no shame for his successful raids, even if he did …

The Emperor Gideon Has No Clothes: The Empty Promise Of The Constitutional Right Of Effective Assistance Of Counsel, Richard Klein

Scholarly Works

No abstract provided.

The Court-Ordered Predisposition Evaluation Under Washington's Juvenile Justice Act: A Violation Of The Privilege Against Self-Incrimination?—Wash. Rev. Code § 13.40, Judith H. Ramseyer

Seattle University Law Review

This Comment analyzes the significance of the principles animating the constitutional privilege against self-incrimination by first looking at the purposes of Washington’s Juvenile Justice Act; second, by examining the status of the privilege against self-incrimination during sentencing; and third, by applying the values protected by the privilege to the use of predisposition psychological evaluations in Washington juvenile courts.

Reforming The Jury: The Common Ground, Mark Findlay

Research Collection Yong Pung How School Of Law

No abstract provided.

Double Jeopardy And The Commonwealth's Right To Writs Of Error In Criminal Cases, Roger D. Scott

University of Richmond Law Review

In the 1986 legislative session, the Virginia General Assembly attempted to produce a constitutional amendment designed to expand the right of Commonwealth's Attorneys to appeal criminal cases. The Virginia Constitution prohibits appeals by the commonwealth in criminal cases in which the accused might be sentenced to death or imprisonment, unless the case involves state revenue. Advocates of an amendment to expand prosecutorial appeals have never fully explained the historical context of the prohibition against such appeals and their complex relationship to other constitutional, statutory, and common law provisions. The subject of prosecutorial appeals involves such fundamental legal issues as former …

Annual Survey Of Virginia Law: Criminal Law, Richard A. Williamson

University of Richmond Law Review

Effective January 1, 1985, the Court of Appeals of Virginia was established. The new intermediate appellate court possesses exclusive jurisdiction over appeals from any final judgment of conviction in a circuit court for a traffic violation or a crime, except where a sentence of death is imposed. The operation of the court of appeals is likely to have a twofold effect on the criminal justice system. First, it should reduce the current backlog of cases in the supreme court; second, it should produce an increase in the number of reported criminal decisions, thereby facilitating an understanding of criminal law and …

Book Review. The Limits Of Liberalism: Wrong To Others, Patrick L. Baude

Articles by Maurer Faculty

No abstract provided.

Terrorism, Extradition, And Fsia Relief: The Letelier Case, Eric H. Singer

Vanderbilt Journal of Transnational Law

The cases involving Orlando Letelier and Michael Townley raise a number of questions about extradition and state-sponsored terrorism. As shown by the United States' failure to obtain the three Chilean requestees (and Argentina's failure to obtain Townley), extradition is an unreliable and thus inadequate means to cope with state-sponsored terrorism. To deter such conduct may call for greater inventiveness in identifying and implementing effective sanctions. The Foreign Sovereign Immunities Act (FSIA) seemingly offers an alternative to extradition and a remedy for acts of state-sponsored terrorism under its noncommercial torts exception. This remedy, however, is uncertain in light of recent court …

Instructions On Death: Guiding The Jury’S Sentencing Discretion In Capital Cases, Stephen Ellmann

Other Publications

No abstract provided.

An Analysis Of Illinois' New Offense Of Second Degree Murder, 20 J. Marshall L. Rev. 209 (1986), Timothy P. O'Neill

UIC Law Review

No abstract provided.

The Clergy-Penitent Privilege And The Child Abuse Reporting Statute: Is The Secret Sacred, 19 J. Marshall L. Rev. 1031 (1986), Kathryn Keegan

UIC Law Review

No abstract provided.

Dui Roadblocks: Drunk Drivers Take A Toll On The Fourth Amendment, 19 J. Marshall L. Rev. 983 (1986), Lazaro Fernandez

UIC Law Review

No abstract provided.

Circumventing State Court Orders Of Criminal Restitution: A Bankruptcy Loophole, 19 J. Marshall L. Rev. 449 (1986), Michelangelo Scafidi

UIC Law Review

No abstract provided.

Crime Without Conviction: Supervision Without Sentence, 19 J. Marshall L. Rev. 547 (1986), Alfred B. Teton

UIC Law Review

No abstract provided.

Joint Criminal Participation: Establishing Responsibility, Abandonment, Paul Marcus

Faculty Publications

No abstract provided.

Toward A Uniform Statutory Standard For Effective Assistance Of Counsel: A Right In Search Of Definition After Strickland, Thomas Hagel

Loyola University Chicago Law Journal

No abstract provided.

Gates, Leon And The Compromise Of Adjudicatory Fairness: (Part Ii)-Aggressive Majoritarianism, Willful Deafness, And The New Exception To The Exclusionary Rule, Joel J. Finer

Law Faculty Articles and Essays

This Article will offer an elaboration of the idea of judicial "aggressiveness" (which Professor Stone, by and large, leaves undefined) through examination of the majority opinion in United States v. Leon and its application in Massachusetts v. Sheppard. It will also advance the thesis that the majority in Leon exhibited a particular kind of aggressiveness--willful deafness.

Terror And Terrorism: There Is A Difference, David F. Forte

Law Faculty Articles and Essays

To formulate an effective legal and moral response to terrorism, fundamental differences must be acknowledged. We must realize that all acts of terror are not legally interchangeable. We should not create legal instruments that confound essential dissimilarities. We should acknowledge that terrorism is an organized, low level attack by groups trying to destroy the Western legal and moral order. We should recognize that many such terrorist groups have been given purported legitimacy by a distorted notion of self-determination and by recognition within many international bodies. Also, we should face the fact that the effectiveness of terrorism is immeasurably enhanced by …

An Essay On Executive Branch Attempts To Eviscerate The Separation Of Powers, Christopher L. Blakesley

Scholarly Works

The Reagan Administration has been aggressively attempting to arrogate power to the Executive branch and to undermine the separation of powers in the realms of foreign affairs. To Chain the Dog of War shows that for decades the Executive branch has moved to appropriate Congress’ war powers. The Reagan Administration not only has continued that tradition, but also has attempted to erode the Judiciary’s power to decide questions of law and fact concerning human rights and liberty in international extradition cases involving political offenses. The underlying rationale for this shift has been that decisions to make war or to condemn …

The Bad Faith-Harassment Exception To The Younger Doctrine: Exploring The Empty Universe, C. Keith Wingate

Faculty Scholarship

No abstract provided.

Attempting The Impossible: The Emerging Consensus, Ira P. Robbins

Ira P. Robbins