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Articles 31 - 56 of 56
Full-Text Articles in Law
Compromise And Continuity: Miranda Waivers, Confession Admissibility, And The Retention Of Interrogation Protections, Mark Berger
Compromise And Continuity: Miranda Waivers, Confession Admissibility, And The Retention Of Interrogation Protections, Mark Berger
Faculty Works
No abstract provided.
Of Policy, Politics, And Parliament: The Legislative Rewriting Of The British Right To Silence, Mark Berger
Of Policy, Politics, And Parliament: The Legislative Rewriting Of The British Right To Silence, Mark Berger
Faculty Works
No abstract provided.
The Exclusionary Rule And Confession Evidence: Some Perspectives On Evolving Practices And Policies In The United States And England And Wales, Mark Berger
Faculty Works
No abstract provided.
Review Of Affirmative Action After Metro Broadcasting V. Fcc: The Solution Almost Nobody Wanted, Douglas O. Linder
Review Of Affirmative Action After Metro Broadcasting V. Fcc: The Solution Almost Nobody Wanted, Douglas O. Linder
Faculty Works
No abstract provided.
Legislating Confession Law In Great Britain: A Statutory Approach To Police Interrogations, Mark Berger
Legislating Confession Law In Great Britain: A Statutory Approach To Police Interrogations, Mark Berger
Faculty Works
The police interrogation process has been a subject of controversy in both Great Britain and the United States. The debate has focused on how to regulate the police and thereby balance the public interest in crime control against the individual interest in freedom from state coercion. In the U.S regulation of the police interrogation process has largely been the result of U.S. Supreme Court interpretations of the self-incrimination privilege of the Fifth Amendment of the U.S. Constitution. In contrast, in Great Britain police interrogation controls have been enacted by Parliament in the Police and Criminal Evidence Act (PACE), supplemented by …
The Self-Incrimination Debate, Mark Berger
A Step Towards Fairness In Capital Litigation: Missouri Resource Center, Sean O'Brien
A Step Towards Fairness In Capital Litigation: Missouri Resource Center, Sean O'Brien
Faculty Works
No abstract provided.
Addressing The Needs Of Attorneys For The Damned, Sean O'Brien
Addressing The Needs Of Attorneys For The Damned, Sean O'Brien
Faculty Works
This article is an introduction to the UMKC Law Review symposium issue dedicated to exploring the topic of capital punishment. UMKC Professor of Law Sean O’Brien shares how the growing importance of capital litigation makes this a timely and appropriate subject for consideration and shares how the university and the Law Review's attention to the death penalty debate contributes to more than just academic discussion.
Some Doubts Concerning The Selection Hypothesis Of George Priest, Douglas O. Linder
Some Doubts Concerning The Selection Hypothesis Of George Priest, Douglas O. Linder
Faculty Works
No abstract provided.
It's About Time: Proposal For Recognition Of Statutes Of Limitation In Attorney Discipline, Ellen Y. Suni
It's About Time: Proposal For Recognition Of Statutes Of Limitation In Attorney Discipline, Ellen Y. Suni
Faculty Works
No abstract provided.
Subpoenas To Criminal Defense Lawyers: Proposal For Limits, Ellen Y. Suni
Subpoenas To Criminal Defense Lawyers: Proposal For Limits, Ellen Y. Suni
Faculty Works
No abstract provided.
The Death Penalty, Ellen Y. Suni
The Death Penalty, Ellen Y. Suni
Faculty Works
In 1977, the Missouri legislature adopted a comprehensive statutory scheme defining capital murder and prescribing procedures to be utilized in imposing the death penalty in this state. After making minor revisions in the scheme, the legislature substantially revamped the homicide statutes in 1983. Included in this revision were changes in the definition of the substantive offense and revisions in the grounds and procedures for imposition of the death penalty. These legislative revisions and judicial interpretations have substantially broadened the class of defendants to whom the death penalty is applicable and substantially decreased the likelihood of successful appeal from a sentence …
How Judges Judge: A Study Of Disagreement On The United States Court Of Appeals For The Eighth Circuit, Douglas O. Linder
How Judges Judge: A Study Of Disagreement On The United States Court Of Appeals For The Eighth Circuit, Douglas O. Linder
Faculty Works
No abstract provided.
Rethinking Self-Incrimination In Great Britain, Mark Berger
Rethinking Self-Incrimination In Great Britain, Mark Berger
Faculty Works
No abstract provided.
Supplementing The Functional Test Of Prosecutorial Immunity, Anthony J. Luppino
Supplementing The Functional Test Of Prosecutorial Immunity, Anthony J. Luppino
Faculty Works
No abstract provided.
Criminal Law: Homicide, Ellen Y. Suni
Criminal Law: Homicide, Ellen Y. Suni
Faculty Works
Substantive criminal law in Missouri has undergone substantial change in recent years. The most significant aspect of this change has been the adoption of the criminal code which discarded common law definitions of crime and redefined offenses in accord with the more modern Model Penal Code approach. Although the code's drafters recommended major revision of the homicide statutes, these revisions were not ultimately adopted and the Missouri homicide statutes retained their common law approach. A combination of United States Supreme Court decisions, legislative activity and Missouri cases decided during the last decade, however, have led to important developments in the …
The Political And Administrative History Of The U.S. Court Of Appeals For The Tenth Circuit, Arthur J. Stanley, Irma S. Russell
The Political And Administrative History Of The U.S. Court Of Appeals For The Tenth Circuit, Arthur J. Stanley, Irma S. Russell
Faculty Works
A history of the Tenth Circuit Court of Appeals, which was created by dividing the Eighth Circuit, the only time geographical boundaries had been altered since the present federal circuit court system was instituted in 1891.
Burdening The Fifth Amendment: Toward A Presumptive Barrier Theory, Mark Berger
Burdening The Fifth Amendment: Toward A Presumptive Barrier Theory, Mark Berger
Faculty Works
Judging how heavily the state may burden the decision to exercise or forego the fifth amendment privilege against self-incrimination is a concededly problematic undertaking. Nevertheless, the formulation of a standard is essential to ensure principled decision making. Unfortunately, however, the Supreme Court has thus far avoided the task. The decisions from the Warren era suggest in very broad language that any burden on the exercise of the right to remain silent is forbidden, while more recent rulings have barred only those penalties automatically imposed for assertions of the privilege. Neither extreme, however, represents a satisfactory resolution of the conflicting interests …
The Unprivileged Status Of The Fifth Amendment Privilege, Mark Berger
The Unprivileged Status Of The Fifth Amendment Privilege, Mark Berger
Faculty Works
No abstract provided.
Conspiracy And Federal Jurisdiction: From Crimmins To Feola, Mark Berger
Conspiracy And Federal Jurisdiction: From Crimmins To Feola, Mark Berger
Faculty Works
No abstract provided.
Reducing Sentencing Disparity: Structured Discretion And The Sentencing Judge, Mark Berger
Reducing Sentencing Disparity: Structured Discretion And The Sentencing Judge, Mark Berger
Faculty Works
No abstract provided.
Equal Protection And Criminal Sentencing: Legal And Policy Considerations, Mark Berger
Equal Protection And Criminal Sentencing: Legal And Policy Considerations, Mark Berger
Faculty Works
No abstract provided.
Bail In Missouri Revisited, Mark Berger
Bail In Missouri Revisited, Mark Berger
Faculty Works
During the early part of the 1960's, interest in the civil rights movement generated concern over the inequities of bail administration. In the latter part of the decade the same problems were revealed in major studies of the nation's criminal justice system. Contributions to the legal literature in this period, encompassing statistical and evaluative studies as well as academic analysis, helped to focus further attention on bail. Moreover, a major effort was undertaken by the United States Department of Justice to promote the sharing of bail program information and ideas. There are signs, however, that some of the earlier interest …
Police Field Citations In New Haven, Mark Berger
Law Enforcement Control: Checks And Balances For The Police System, Mark Berger
Law Enforcement Control: Checks And Balances For The Police System, Mark Berger
Faculty Works
No abstract provided.
Intrusion Into The Body, William G. Eckhardt
Intrusion Into The Body, William G. Eckhardt
Faculty Works
The thesis of this article is that the rights of servicemen should be protected with the search and seizure concepts of the fourth amendment rather than with the fifth amendment protection against self-incrimination when intrusive bodily searches are required. The Supreme Court enunciated standard for intrusion into the body found in Schmerber v. California, 384 U.S. 757 (1966). The subsequent application of this standard in the federal courts, and its adoption in the Manual for Courts-Martial, United States, 1969, (Rev.) are explored. Federal court decisions discussing the privilege against self-incrimination are contrasted with opinions of the Court of Military Appeals …