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Articles 61 - 77 of 77
Full-Text Articles in Law
Has The Burger Court Dealt A Death Blow To The Presumption Of Malice In Virginia?
Has The Burger Court Dealt A Death Blow To The Presumption Of Malice In Virginia?
University of Richmond Law Review
While presumptions and burdens of proof have generally eluded effective analysis, the presumption of malice has almost defied it. Notwithstanding a common law origin and the significance that instructions of the presumption of malice have played in many murder trials in Virginia, the presumption has constantly been under attack. This comment will explore the meaning of the presumption of malice and determine whether Virginia's approach violates the due process clause of the fourteenth amendment in light of the recent Supreme Court decision of Mullaney v. Wilbur.
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.
The New Federalism In Criminal Procedure Revisited, Donald E. Wilkes Jr.
The New Federalism In Criminal Procedure Revisited, Donald E. Wilkes Jr.
Scholarly Works
As a result of the Burger Court's seemingly inexorable relaxation of federal protection for criminal defendants, a number of state courts have continued to expand basic rights on state law grounds, thereby utilizing the adequate state ground doctrine to avoid further review by the Burger Court. Part II of this article will examine the evasion cases decided since March 1975. The prospects for continued evasion will be accessed in Part III.
Remedies For Prejudicial Publicity: A Brief Review, James T. Ranney
Remedies For Prejudicial Publicity: A Brief Review, James T. Ranney
Villanova Law Review
No abstract provided.
Conspiracy And Federal Jurisdiction: From Crimmins To Feola, Mark Berger
Conspiracy And Federal Jurisdiction: From Crimmins To Feola, Mark Berger
Villanova Law Review
No abstract provided.
Impeaching A Defendant's Testimony By Proof Of Post-Arrest Silence: Doyle V. Ohio, F. Ronald O'Keefe
Impeaching A Defendant's Testimony By Proof Of Post-Arrest Silence: Doyle V. Ohio, F. Ronald O'Keefe
Cleveland State Law Review
This Note will attempt to outline the genesis of the issue of impeachment by post-arrest silence by first discussing the various inquiries into the probative value of silence which had been undertaken by courts on the federal level before Hale (United States v. Hale, 422 U.S. 171 (1975)) . The focus will then shift to the Hale Court's treatment of this issue. The constitutional aspects of the issue will then be discussed, and the pronouncement of the Doyle Court (Doyle v. Ohio, 96 S. Ct. 2240 (1976)) will be analyzed with an emphasis on the continuity between the Hale and …
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.
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.
Due Process In The Prison: A Third Form, Edmund B. Spaeth Jr.
Due Process In The Prison: A Third Form, Edmund B. Spaeth Jr.
Villanova Law Review
No abstract provided.
Recent Developments, Various Editors
Computerized Criminal Justice Information Systems: A Recognition Of Competing Interests - An Introduction, Lawrence J. Beaser
Computerized Criminal Justice Information Systems: A Recognition Of Competing Interests - An Introduction, Lawrence J. Beaser
Villanova Law Review
No abstract provided.
Computers And The Right To Be Let Alone - A Civil Libertarian View, Burton Caine
Computers And The Right To Be Let Alone - A Civil Libertarian View, Burton Caine
Villanova Law Review
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.
Comment On Justification And Excuse, Jerome Hall
Comment On Justification And Excuse, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Revocation Of Conditional Liberty For The Commission Of A Crime: Double Jeopardy And Self-Incrimination Limitations, Michigan Law Review
Revocation Of Conditional Liberty For The Commission Of A Crime: Double Jeopardy And Self-Incrimination Limitations, Michigan Law Review
Michigan Law Review
Persons on deferred sentence, probation, or parole who arguably violate the criminal law may face two proceedings: a hearing to revoke their conditional liberty and a criminal trial. The possibility of two proceedings raises at least two major constitutional questions. First, are the defendant's rights under the double jeopardy or due process clauses violated if the state holds two inquiries into the alleged criminal act? Second, is the defendant's privilege against self-incrimination abridged if the revocation hearing is held before the criminal trial?
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.
Subdivision Exactions And Congestion Externalities (With Noel Edelson)
Subdivision Exactions And Congestion Externalities (With Noel Edelson)
Richard Adelstein
A model of congestion in housing and pricing policy to address it.