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- St. Mary's Law Journal (7)
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Articles 1 - 30 of 46
Full-Text Articles in Law
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
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.
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 …
The Rules Of Evidence In Preliminary Hearings In Virginia, Charles E. Friend
The Rules Of Evidence In Preliminary Hearings In Virginia, Charles E. Friend
William & Mary Law Review
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.
The Future Of Confrontation, Peter K. Westen
The Future Of Confrontation, Peter K. Westen
Michigan Law Review
The Supreme Court seems to be setting the stage for a long-awaited examination of the confrontation clause. It has been ten years since the Court endeavored in Dutton v. Evans to reconcile the evidentiary rules of hearsay with the constitutional commands of confrontation. Dutton came at the tail end of a string of confrontation cases that the Court had resolved without apparent difficulty. Not surprisingly, the Court approached Dutton in the evident belief that it could resolve the constitutional problems of hearsay once and for all. Instead, after oral argument in 1969 and a rehearing in 1970, the Court found …
Substantive And Procedural Aspects Of The Right To Effective Assistance Of Counsel, Irene M. Keeley
Substantive And Procedural Aspects Of The Right To Effective Assistance Of Counsel, Irene M. Keeley
West Virginia Law Review
In an earlier era trial courts perceived their responsibility regarding the quality of legal assistance to be limited to the appointment of reputable counsel. Unless the circumstances were exceptional, judges confronted with a lack of adequate representation for a defendant "papered over" the problem either because they feared a flood of frivolous claims or because they were reluctant to upset the finality of criminal convictions. Even today, when a growing number of courts have formulated a more stringent sixth amendment standard for judging counsel effectiveness, there remains a judicial reluctance to recognize the fundamental nature of the right to effective …
Privacy And The Presentence Report, William P. Mclauchlan
Privacy And The Presentence Report, William P. Mclauchlan
Indiana Law Journal
No abstract provided.
State V. Sobel, 363 So.2d 324 (Fla. 1978), Michael T. Webster
State V. Sobel, 363 So.2d 324 (Fla. 1978), Michael T. Webster
Florida State University Law Review
Constitutional Law-DUE PROCESS NOT VIOLATED BY STATE'S DESTRUCTION AND NONDISCLOSURE OF TAPE RECORDING IN CRIMINAL LAW
Arizona V. Washington, 434 U.S. 497 (1978)
Arizona V. Washington, 434 U.S. 497 (1978)
Florida State University Law Review
Criminal Law-MISTRIAL DECLARATION-OVER DEFENDANT'S OBJECTION, PROSECUTION MUST DEMONSTRATE HIGH DEGREE OF MANIFEST NECESSITY OR REPROSECUTION WILL BE BARRED
Clark V. State, 363 So. 2d 333 (Fla. 1978), Shawn Ettingoff
Clark V. State, 363 So. 2d 333 (Fla. 1978), Shawn Ettingoff
Florida State University Law Review
Criminal Law-RIGHT TO REMAIN SILENT-OBJECTION AND MOTION FOR MISTRIAL NOW REQUIRED TO PRESERVE IMPROPER COMMENT ON THE DEFENDANT'S SILENCE FOR APPELLATE REVIEW
Analysis Of Alternatives To Incarceration For Non-Violent Offenders: A Progressive Approach To Correctional Procedure., Cynthia M. Scaglione
Analysis Of Alternatives To Incarceration For Non-Violent Offenders: A Progressive Approach To Correctional Procedure., Cynthia M. Scaglione
St. Mary's Law Journal
Abstract Forthcoming.
Use Of Peremptory Challenges To Excuse Prospective Jurors Because Of Group Bias Is Violation Of Right To Trial By Jury Guaranteed By California Constitution., Karen Angelini
St. Mary's Law Journal
Abstract Forthcoming.
Xii. Habeas Corpus And Prisoners' Rights
Xii. Habeas Corpus And Prisoners' Rights
Washington and Lee Law Review
No abstract provided.
Due Process Limitations On Prosecutorial Discretion In Re-Charging Defendants: Pearce To Blackledge To Bordenkircher, Donald C. Smaltz
Due Process Limitations On Prosecutorial Discretion In Re-Charging Defendants: Pearce To Blackledge To Bordenkircher, Donald C. Smaltz
Washington and Lee Law Review
No abstract provided.