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Articles 1 - 30 of 71
Full-Text Articles in Law
Race And Sentencing Equality In Kentucky, Robert L. Hurley
Race And Sentencing Equality In Kentucky, Robert L. Hurley
Masters Theses & Specialist Projects
Disparity in sentencing felons based on racial considerations has long has been considered a problem for civil libertarians and scholars alike. Examining data gathered in Kentucky, this thesis addresses this issue through the application of recently developed methodological techniques. Utilizing an index of sentencing equality, this study shows that while differences do exist in black and white offender offense characteristics, these differences do not account for the variations in sentences rendered in cases of white as opposed to black felons. This exploratory research reviews and critiques previous research and provides evidence which should prove useful in resolving the problem of …
Land Without Plea Bargaining: How The Germans Do It, John H. Langbein
Land Without Plea Bargaining: How The Germans Do It, John H. Langbein
Michigan Law Review
The present Article demonstrates the error of this universalist theory of plea bargaining by showing how and why one major legal system, the West German, has so successfully avoided any form or analogue of plea bargaining in its procedures for cases of serious crime. The German criminal justice system functions without plea bargaining not by good fortune, but as a result of deliberate policies and careful institutional design whose essential elements are outlined in Part I. Part II addresses the American claims that a clandestine plea bargaining system lurks behind veils of German pretense.
Specific Enforcement To Ensure Due Process In Plea Bargaining, Kevin D. Norwood
Specific Enforcement To Ensure Due Process In Plea Bargaining, Kevin D. Norwood
William & Mary Law Review
No abstract provided.
Criminal Appellate Procedure-Conflict Of Laws- State Right To Appeal In A Criminal Case Removed To Federal Court-Arizona V. Manypenny, 608 F.2d 1197 (9th Cir. 1979).
BYU Law Review
No abstract provided.
Constitutional Law-Criminal Law-Pretrial Detainees May Be Subjected To Conditions Of Confinement Reasonably Related To Legitimate Government Objectives-Bell V. Wolfish, 99 S. Ct. 1861 (1979).
BYU Law Review
No abstract provided.
Fourth Amendment Standing And Expectations Of Privacy: Rakas V. Illinois And New Directions For Some Old Concepts, Richard A. Williamson
Fourth Amendment Standing And Expectations Of Privacy: Rakas V. Illinois And New Directions For Some Old Concepts, Richard A. Williamson
Faculty Publications
No abstract provided.
Constitutionalizing Forfeiture Law—The German Example, James Maxeiner
Constitutionalizing Forfeiture Law—The German Example, James Maxeiner
All Faculty Scholarship
This article demonstrates how German criminal law has made forfeiture of objects used in crime consistent with constitutional guarantees.
Plea Bargaining: Is Contract Law Or Constitutional Law The Governing Principle, Herman Lewis Sloan
Plea Bargaining: Is Contract Law Or Constitutional Law The Governing Principle, Herman Lewis Sloan
North Carolina Central Law Review
No abstract provided.
Disposition Of A Federal Criminal Case When Defendant Dies Pending Appeal, Lori R. Dickerman
Disposition Of A Federal Criminal Case When Defendant Dies Pending Appeal, Lori R. Dickerman
University of Michigan Journal of Law Reform
This article discusses the way in which courts historically have disposed of such cases and the apparent change recently introduced by the United States Supreme Court. After an examination of the ramifications of the new and old rules, certain changes in current practice are recommended which will better serve the interests of the deceased, his survivors, and society as a whole.
Roberts V. United States, Lewis F. Powell Jr.
Roberts V. United States, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Payton V. New York, Lewis F. Powell Jr.
Payton V. New York, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
United States V. Crews, Lewis F. Powell Jr.
United States V. Crews, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Rawlings V. Kentucky, Lewis F. Powell Jr.
Rawlings V. Kentucky, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
United States V. Havens, Lewis F. Powell Jr.
United States V. Havens, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Adams V. Texas, Lewis F. Powell Jr.
The United States Sentencing Commission: A Constitutional Delegation Of Congressional Power, William C. Potter Ii
The United States Sentencing Commission: A Constitutional Delegation Of Congressional Power, William C. Potter Ii
Indiana Law Journal
No abstract provided.
Gannett Co. V. Depasquale, 99 S. Ct. 2898 (1979), Margot Pequignot
Gannett Co. V. Depasquale, 99 S. Ct. 2898 (1979), Margot Pequignot
Florida State University Law Review
Criminal Procedure-FAIR TRIAL-CONSTITUTION DOES NOT GRANT AN AFFIRMATIVE RIGHT OF ACCESS TO A PRETRIAL PROCEEDING WHEN ALL PARTICIPANTS AGREE IT SHOULD BE CLOSED TO PROTECT DEFENDANT'S FAIR TRIAL RIGHTS
Plea Bargaining: A Necessary Evil, Nancy Mcdonough
Plea Bargaining: A Necessary Evil, Nancy Mcdonough
University of Arkansas at Little Rock Law Review
No abstract provided.
The Defendant's Right To Independent Analysis Of The Breathalyzer Ampoule: The Probable Virginia Response, Anita L. Zuckerman
The Defendant's Right To Independent Analysis Of The Breathalyzer Ampoule: The Probable Virginia Response, Anita L. Zuckerman
William & Mary Law Review
No abstract provided.
Compensating Victims Of Crime: Evolving Concept Or Dying Theory, Kathleen V. Duffield
Compensating Victims Of Crime: Evolving Concept Or Dying Theory, Kathleen V. Duffield
West Virginia Law Review
No abstract provided.
Jury Tampering - 1978 Style Lawyer's Forum., W. James Kronzer
Jury Tampering - 1978 Style Lawyer's Forum., W. James Kronzer
St. Mary's Law Journal
Abstract Forthcoming.
Allocation Of Peremptory Challenges Among Multiple Parties., Daniel J. Sheehan Jr., Cynthia C. Hollingsworth
Allocation Of Peremptory Challenges Among Multiple Parties., Daniel J. Sheehan Jr., Cynthia C. Hollingsworth
St. Mary's Law Journal
Abstract Forthcoming.
Failure To Relate Exculpatory Story At Pretrial Hearings May Be Used By Prosecution To Impeach Defendant's Testimony At Trial., Stephen F. White
Failure To Relate Exculpatory Story At Pretrial Hearings May Be Used By Prosecution To Impeach Defendant's Testimony At Trial., Stephen F. White
St. Mary's Law Journal
Abstract Forthcoming.
When A District Court Has Stayed A Claim Involving Concurrent Jurisdiction, Issuance Of A Writ Of Mandamus Compelling Adjudication Is Improper., James P. Keenan
When A District Court Has Stayed A Claim Involving Concurrent Jurisdiction, Issuance Of A Writ Of Mandamus Compelling Adjudication Is Improper., James P. Keenan
St. Mary's Law Journal
Abstract Forthcoming.
Supplemental Voir Dire Is Required When Significant Delay Occurs Between Jury Selection And Start Of Trial., Larry E. Reed
Supplemental Voir Dire Is Required When Significant Delay Occurs Between Jury Selection And Start Of Trial., Larry E. Reed
St. Mary's Law Journal
Abstract Forthcoming.
Joint Trials Of Defendants In Criminal Cases: An Analysis Of Efficiencies And Prejudices, Robert O. Dawson
Joint Trials Of Defendants In Criminal Cases: An Analysis Of Efficiencies And Prejudices, Robert O. Dawson
Michigan Law Review
Legislatures and courts, in weighing the relative advantages of joint and separate trials, have unreasonably struck a balance in favor of joint trials. The strongest justification traditionally offered for joint trials is efficiency. This Article shows that courts have greatly exaggerated the supposed efficiencies of joint trials while grossly underestimating the impediments joint trials pose to fair and accurate determinations of individual guilt or innocence. The propriety of joint trials is more than a question of efficiencies. Joint trials usually, although not always, help the prosecutor to get convictions, and thereby modify the balance of advantage in criminal trials. Disputes …
Note, The Fourth Circuit Threatens Impeachment With Prior Acts Of Misconduct In North Carolina, Donald T. Bogan
Note, The Fourth Circuit Threatens Impeachment With Prior Acts Of Misconduct In North Carolina, Donald T. Bogan
Donald T. Bogan
No abstract provided.
The Preliminary Hearing: A Necessary Part Of Due Process, Andrea Lyon
The Preliminary Hearing: A Necessary Part Of Due Process, Andrea Lyon
Law Faculty Publications
No abstract provided.
Scientific Statistical And Methodology And The Doctrine Of "Reasonable Doubt" In Criminal Law; (With Specific Reference To The Breath Analysis For Blood Alcohol) Empirical Fact Or Legal Ficton?, A. Burton Bass, H. Davidson Gesser, K. Stephan Mount
Scientific Statistical And Methodology And The Doctrine Of "Reasonable Doubt" In Criminal Law; (With Specific Reference To The Breath Analysis For Blood Alcohol) Empirical Fact Or Legal Ficton?, A. Burton Bass, H. Davidson Gesser, K. Stephan Mount
Dalhousie Law Journal
Lawyers pride themselves on being men of reason. After all, they postulate, it is the "reasonable man" who is enshrined at the apex of the Anglo-American legal system in the adjudication of civil disputes; it is the legally trained mind that proves so finely honed a tool in the area of problem solving in private practice; the rational decisional process is the hallmark of the judicial mind. Where the life or liberty of an individual is in contention this expert "sense" of reason is brought one step further - the criminal law, with few exceptions, will not countenance a mere …
Preliminary Hearings In Virginia, G. William Hammer
Preliminary Hearings In Virginia, G. William Hammer
William & Mary Law Review
No abstract provided.