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Articles 31 - 60 of 77
Full-Text Articles in Law
Acquittal Of The Guilty, Alec Samuels
Acquittal Of The Guilty, Alec Samuels
Dalhousie Law Journal
Every acquittal is an injustice. Either a guilty man has escaped conviction, or an innocent man has been subjected to false accusation, with all the accompanying worry, anxiety, publicity, humiliation, perhaps detention, probably expense. Some of the difficulties undoubtedly spring from the adversary system, a system evolved in the eighteenth and nineteenth centuries to meet the then contemporary problems. It is a system with certain inherent inefficiencies and ineffectivenesses, a system designed to ascertain whether the prosecution has proved an allegation against D the defendant beyond all reasonable doubt and not designed to ascertain the truth of the incident in …
Acquittal Of The Guilty, Alec Samuels
Acquittal Of The Guilty, Alec Samuels
Dalhousie Law Journal
Every acquittal is an injustice. Either a guilty man has escaped conviction, or an innocent man has been subjected to false accusation, with all the accompanying worry, anxiety, publicity, humiliation, perhaps detention, probably expense. Some of the difficulties undoubtedly spring from the adversary system, a system evolved in the eighteenth and nineteenth centuries to meet the then contemporary problems. It is a system with certain inherent inefficiencies and ineffectivenesses, a system designed to ascertain whether the prosecution has proved an allegation against D the defendant beyond all reasonable doubt and not designed to ascertain the truth of the incident in …
Acquittal Of The Guilty, Alec Samuels
Acquittal Of The Guilty, Alec Samuels
Dalhousie Law Journal
Every acquittal is an injustice. Either a guilty man has escaped conviction, or an innocent man has been subjected to false accusation, with all the accompanying worry, anxiety, publicity, humiliation, perhaps detention, probably expense. Some of the difficulties undoubtedly spring from the adversary system, a system evolved in the eighteenth and nineteenth centuries to meet the then contemporary problems. It is a system with certain inherent inefficiencies and ineffectivenesses, a system designed to ascertain whether the prosecution has proved an allegation against D the defendant beyond all reasonable doubt and not designed to ascertain the truth of the incident in …
Acquittal Of The Guilty, Alec Samuels
Acquittal Of The Guilty, Alec Samuels
Dalhousie Law Journal
Every acquittal is an injustice. Either a guilty man has escaped conviction, or an innocent man has been subjected to false accusation, with all the accompanying worry, anxiety, publicity, humiliation, perhaps detention, probably expense. Some of the difficulties undoubtedly spring from the adversary system, a system evolved in the eighteenth and nineteenth centuries to meet the then contemporary problems. It is a system with certain inherent inefficiencies and ineffectivenesses, a system designed to ascertain whether the prosecution has proved an allegation against D the defendant beyond all reasonable doubt and not designed to ascertain the truth of the incident in …
Criminal Procedure--Warrantless Seach Permissable Even Though Arresting Officer Had Time To Procure Warrant, J.P.B.
West Virginia Law Review
No abstract provided.
Constitutional Law-Criminal Procedure-Criminal Contempt-The Right To Trial By Jury - Muniz V. Hoffman, Lon D. Packard
Constitutional Law-Criminal Procedure-Criminal Contempt-The Right To Trial By Jury - Muniz V. Hoffman, Lon D. Packard
BYU Law Review
No abstract provided.
Judicial Review Of Parole Release Decisionmaking, Thomas B. Grier
Judicial Review Of Parole Release Decisionmaking, Thomas B. Grier
IUSTITIA
An inmate at a federal penal institution "is entitled only to be released after full service of his sentence less good time earned during incarceration." He or she is not entitled to parole, for parole is not a right but a privilege, a matter of "legislative grace". The United States Board of Parole has "absolute discretion" in deciding whether and when to grant parole. The judiciary will not interfere with the Board, as "courts are without power to grant a parole or to determine judicially eligibility for parole." And since the Board is statutorily authorized to exercise broad discretion, and …
Section 12 Of The Canada Evidence Act And The Deliberations Of Simulated Juries, Valerie P. Hans, Anthony N. Doob
Section 12 Of The Canada Evidence Act And The Deliberations Of Simulated Juries, Valerie P. Hans, Anthony N. Doob
Cornell Law Faculty Publications
In the past, there have been three major approaches to the experimental investigation of the jury. First, juror selection research involves the study of the relation between verdicts or leniency toward certain classes of defendants and the characteristics of potential jurors. The second class of research is group study, in which the amount and style of individual participation is observed within the context of simulated jury deliberations (e.g., Strodtbeck, James and Hawkins, 1957). Finally, experimental psychology has made another contribution to the study of the jury; numerous researchers have conducted experimental studies employing legal stimulus materials. Typically, in such a …
Criminal Procedure—Filing By Information: Determination Of Probable Cause Required Before Extended Restraint On Liberty—Gerstein V. Pugh, 420 U.S. 103 (1975), Cynthia B. Whitaker
Criminal Procedure—Filing By Information: Determination Of Probable Cause Required Before Extended Restraint On Liberty—Gerstein V. Pugh, 420 U.S. 103 (1975), Cynthia B. Whitaker
Washington Law Review
Robert Pugh was arrested in Florida without a warrant and charged by prosecutor's information. Pugh and other incarcerated arrestees charged by information without a preliminary hearing brought a class action suit in federal district court challenging the constitutionality of the charging procedure. Plaintiffs maintained that the due process clause of the fourteenth amendment required that accused persons be accorded a determination of probable cause for detention soon after their arrest. They also argued that the prosecuting attorney was not sufficiently neutral or detached to make the necessary determination. The district court accepted the plaintiffs' arguments, and the Court of Appeals …
The Metaphysics Of Punishment–An Exercise In Futility, William K.S. Wang
The Metaphysics Of Punishment–An Exercise In Futility, William K.S. Wang
Faculty Scholarship
No abstract provided.
Confidentiality Of Criminal Records Privacy V. The Public Interest, David Weinstein
Confidentiality Of Criminal Records Privacy V. The Public Interest, David Weinstein
Villanova Law Review
No abstract provided.
Criminal Procedure - Exclusionary Rule - Brown V. Illinois, Miranda Warnings Do Not Per Se Attenuate The Taint Of An Illegal Arrest, Mary Anne Mason
Criminal Procedure - Exclusionary Rule - Brown V. Illinois, Miranda Warnings Do Not Per Se Attenuate The Taint Of An Illegal Arrest, Mary Anne Mason
Loyola University Chicago Law Journal
No abstract provided.
The Determination Of Probable Cause In Illinois - Grand Jury Or Preliminary Hearing, John C. Robinson Jr.
The Determination Of Probable Cause In Illinois - Grand Jury Or Preliminary Hearing, John C. Robinson Jr.
Loyola University Chicago Law Journal
No abstract provided.
Searches During Routine Traffic Stops After Robinson And Gustafson: A Re-Examination Of The Illinois Distinction Between "Ordinary Traffic Violators" And "Criminals", Ronald P. Alwin
Loyola University Chicago Law Journal
No abstract provided.
The New Federalism In Criminal Procedure Revisited, Donald E. Wilkes Jr.
The New Federalism In Criminal Procedure Revisited, Donald E. Wilkes Jr.
Kentucky Law Journal
No abstract provided.
Pro Se Litigation -- Litigating Without Counsel: Faretta Or For Worst, Susan Herman, Ira P. Robbins
Pro Se Litigation -- Litigating Without Counsel: Faretta Or For Worst, Susan Herman, Ira P. Robbins
Faculty Scholarship
No abstract provided.
Kentucky Law Survey: Criminal Procedure, Albert T. Quick
Kentucky Law Survey: Criminal Procedure, Albert T. Quick
Kentucky Law Journal
No abstract provided.
The Summary Contempt Power And The Constitution: The View From Without And Within, Robert Allen Sedler
The Summary Contempt Power And The Constitution: The View From Without And Within, Robert Allen Sedler
Law Faculty Research Publications
The "political trials" of the past decade generated a storm of legal controversy over the conduct of the defendants and their attorneys-and of the judges who presided at their trials. For some, the actions and attitudes of both lawyers and defendants courted disrespect for and presaged a breakdown in the law and its processes; for others, however, it was the response of the judges-chiefly, their heavy-handed wielding of the summary contempt power--that presented the real danger. Professor Sedler brings a unique expertise to his discussion of the use-and abuse--of summary contempt. While his approach reflects the concerns of the scholar, …
Subsequent Use Of Electronic Surveillance Interceptions And The Plain View Doctrine: Fourth Amendment Limitations On The Omnibus Crime Control Act, Raymond R. Kepner
Subsequent Use Of Electronic Surveillance Interceptions And The Plain View Doctrine: Fourth Amendment Limitations On The Omnibus Crime Control Act, Raymond R. Kepner
University of Michigan Journal of Law Reform
Despite the critical examination to which many sections of Title III have been subjected, section 2517(5) has received little serious scrutiny from either the courts or the commentators. This note will analyze the constitutionality of the section in terms of the standards which the Supreme Court has articulated, both with respect to the law of search and seizure generally and with respect to electronic surveillance. This examination will reveal that section 2517(5) cannot be sustained under the existing contours of fourth amendment interpretation.
The Twilight Of Welfare Criminology: A Final Word, Stephen J. Morse
The Twilight Of Welfare Criminology: A Final Word, Stephen J. Morse
All Faculty Scholarship
No abstract provided.
The Conundrum Of Criminal Discovery: Constitutional Arguments, Aba Standards, Federal Rules, And Kentucky Law, Rebecca Westerfield
The Conundrum Of Criminal Discovery: Constitutional Arguments, Aba Standards, Federal Rules, And Kentucky Law, Rebecca Westerfield
Kentucky Law Journal
No abstract provided.
System Impact In Gerstein V. Pugh, William A. Mckinstry
System Impact In Gerstein V. Pugh, William A. Mckinstry
Loyola University Chicago Law Journal
No abstract provided.
Preface, Allan A. Ackerman
Preface, Allan A. Ackerman
Loyola University Chicago Law Journal
No abstract provided.
Privacy: A Case For Accurate And Complete Criminal History Records, Thomas J. Madden, Helen S. Lessin
Privacy: A Case For Accurate And Complete Criminal History Records, Thomas J. Madden, Helen S. Lessin
Villanova Law Review
No abstract provided.
The Informant And Accomplice Witness: Problems For The Prosecution, 9 J. Marshall J. Prac. & Proc. 243 (1975), Michael D. Marrs
The Informant And Accomplice Witness: Problems For The Prosecution, 9 J. Marshall J. Prac. & Proc. 243 (1975), Michael D. Marrs
UIC Law Review
No abstract provided.
Between Unfitness And Commitment: Difficulties In The Disposition Of Unfit Defendants In Illinois, 9 J. Marshall J. Prac. & Proc. 905 (1976), Kevin Murnighan
Between Unfitness And Commitment: Difficulties In The Disposition Of Unfit Defendants In Illinois, 9 J. Marshall J. Prac. & Proc. 905 (1976), Kevin Murnighan
UIC Law Review
No abstract provided.
Evidence: Prior Crimes And Prior Bad Acts Evidence, Paul W. Grimm
Evidence: Prior Crimes And Prior Bad Acts Evidence, Paul W. Grimm
Faculty Scholarship
No abstract provided.
Scientific Evidence In Criminal Cases; Scientific And Expert Evidence In Criminal Advocacy, Ronald J. Allen
Scientific Evidence In Criminal Cases; Scientific And Expert Evidence In Criminal Advocacy, Ronald J. Allen
Buffalo Law Review
No abstract provided.
Discretionary Power To Grant Additional Peremptory Challenges In Highly Publicized Criminal Trials: Securing A Fair And Impartial Trial, Joseph A. Matteliano
Discretionary Power To Grant Additional Peremptory Challenges In Highly Publicized Criminal Trials: Securing A Fair And Impartial Trial, Joseph A. Matteliano
Buffalo Law Review
No abstract provided.