Law Commons^™

Criminal Law And Procedure, Donald F. Samuel, Kathleen V. Duffield

Mercer Law Review

In many respects, this was a quiet year in the area of criminal law and procedure. Though the appellate courts reviewed nearly as many criminal cases as all other types of cases combined, there were few major developments that marked a departure from settled precedent. Perhaps the most significant developments involved two areas of substantive law: the Georgia Supreme Court staked out new territory in the area of bribery,1 holding that a "campaign contribution" may amount to a bribe if the donor expects a specific quid pro quo;2 and the court held that in future murder cases involving self-defense, the …

Controlling Discretion By Administrative Regulations: The Use, Misuse, And The Nonuse Of Police Rules And Policies In Fourth Amendment Adjudication, Wayne R. Lafave

Michigan Law Review

In assaying fourth amendment jurisprudence, it is useful to take into account available knowledge regarding the actual search and seizure practices of the police. Especially helpful is the perspective afforded by the American Bar Foundation's Survey of the Administration of Criminal Justice in the United States, which ranks as the preeminent empirical study of law enforcement procedures in this country. Despite the fact - or, more likely, because of the fact that the ABF Survey was published over twenty years ago, certain insights from that study highlight some recent and significant changes in this corpus juris inconstans .

Clearly "the …

Case & Statute Comments, The New Massachusetts Drug Asset Forfeiture Law: A Dialogue, R. Michael Cassidy

R. Michael Cassidy

No abstract provided.

Smith V. Commonwealth 239 Va. 243,389 S.E.2d 871 (1990)

Capital Defense Journal

No abstract provided.

Eaton V. Commonwealth No. 900238 (1990) (Lexis State Library, 125)

Capital Defense Journal

No abstract provided.

Introduction, William S. Geimer

Capital Defense Journal

No abstract provided.

Mu'min V. Commonwealth 239 Va. 433,389 S.E.2d 886 (1990)

Capital Defense Journal

No abstract provided.

Cheng V. Commonwealth 240 Va. 26,393 S.E.2d 599 (1990)

Capital Defense Journal

No abstract provided.

State Habeas In Virginia: A Critical Transition, Catherine M. Hobart

Capital Defense Journal

No abstract provided.

Perfecting The Record Of A Capital Case In Virginia, Robert L. Powley

Capital Defense Journal

No abstract provided.

Ineffective Assistance Of Counsel, Thomas J. Marlowe

Capital Defense Journal

No abstract provided.

Legislating Confession Law In Great Britain: A Statutory Approach To Police Interrogations, Mark Berger

University of Michigan Journal of Law Reform

Part I provides an overview of the development of British confession law, including the changes under PACE. Part II examines PACE's impact on related subjects, such as detention conditions, access to legal advice, and waiver of the right of access to a solicitor. Finally, Part III suggests that the British experience in developing a statutory framework to regulate these issues can serve as a model for undertaking such reforms in the United States.

The Most Fundamental Change In The Criminal Justice System: The Role Of The Prosecutor In Sentence Reduction, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

As every lawyer knows, the prosecutor is the most powerful figure in the American criminal justice system. The prosecutor decides whom to charge, what charges to bring, whether to permit a defendant to plead guilty, and whether to confer immunity. In carrying out this broad decision-making power, the prosecutor enjoys considerable independence. Indeed, one of the most elusive and vexing subjects in criminal justice has been to define the limits of the prosecutor’s discretion.

The Hong Kong Jury: A Microcosm Of Society?, Peter Duff, Mark Findlay, Carla Howarth

Research Collection Yong Pung How School Of Law

The claim that the jury is a randomly chosen and representative sample of community is an important part of the ideology which currently underpins the institution. Supporters of the jury argue that both its impartiality and its independence from the State are bolstered by the fact that it represents a randomly selected cross-section of the populace. In most common law jurisdictions where the jury operates, various steps have been taken over recent years in order preserve and strengthen the perception of the jury as a "microcosm of democratic society". For example, in England the property qualification for jurors was removed …

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 Changing Face Of Retroactivity, John H. Blume, William Pratt

Cornell Law Faculty Publications

Teague v. Lane marked, in the eyes of many, an attempt by the United States Supreme Court to judicially limit the scope of federal habeas corpus review. In Teague, a plurality of the Court held that new rules of criminal procedure do not apply retroactively to cases which have already become final on direct review at the time the new rule is decided. Thus, in most cases, a petitioner in collateral proceedings will not receive the benefit of any new rules decided after his conviction is affirmed on direct appeal and the United States Supreme Court denies certiorari. Moreover, …

The Self-Incrimination Debate, Mark Berger

Faculty Works

No abstract provided.

Beyond The Warren Court And Its Conservative Critics: Toward A Unified Theory Of Constitutional Criminal Procedure, Donald A. Dripps

University of Michigan Journal of Law Reform

Part I develops more fully the differences that divide liberal and conservative commentators on criminal procedure, taking special note of the series of Reports prepared by the Justice Department's Office of Legal Policy and published recently in the University of Michigan Journal of Law Reform. Part II explains my disquiet with the suggestion that original-meaning jurisprudence ought to guide criminal procedure doctrine. Part II also defends the thesis that the fourteenth amendment protects the individual interest in freedom from unjust punishment, rather than any abstract interest in truth for its own sake. Part III considers two familiar controversies in criminal …

The Truth About Massiah, James J. Tomkovicz

University of Michigan Journal of Law Reform

First, the Article will summarize the Justice Department's discussion of the Massiah right to counsel and the exclusion of evidence under Massiah. Next, it will evaluate the nature of the Report and the character of legal scholarship. Finally, it will explore the substantive debate over Massiah. In that section, the Article will point out the matters on which the DOJ and I agree, will attempt to frame the fundamental questions raised by the Massiah doctrine, and will investigate potential sources of answers to those constitutional questions. Ultimately, it will provide the answers that I prefer, explaining the premises …

In Case Of Confession, Andrea Lyon

Law Faculty Publications

No abstract provided.

The Constitutional Admissibility Of Confessions Induced By Appeals To Religious Belief, Richard E. Durfee Jr.

Brigham Young University Journal of Public Law

No abstract provided.

The Admission Of Government Fact Findings Under Federal Rule Of Evidence 803(8)(C): Limiting The Dangers Of Unreliable Hearsay, Steven P. Grossman, Stephen J. Shapiro

All Faculty Scholarship

Federal Rule of Evidence 803(8)(C), an exception to the rule against admission of hearsay, permits introduction of public records or reports containing the fact findings of the reporter without requiring the reporter to appear at trial. These fact findings can be based upon the reporter's own observations and calculations or information imparted to the reporter from sources having no connection to any public agency whatsoever. Rule 803(8)(C) has also been used as the vehicle for presenting juries with fact findings from hearings conducted by public officials. The rule would seem to allow these fact findings even though the opponent had …

Critical Points In The Progress Of A Capital Case, Elizabeth A. Bennett

Capital Defense Journal

No abstract provided.

Capital Pretrial Motions: Added Dimensions, Thomas W. Plimpton, Kerry D. Lee

Capital Defense Journal

No abstract provided.

The "Same Criminal Conduct" Exception Of The Washington Sentencing Reform Act: Making The Punishment Fit The Crimes—State V. Collicott, 112 Wash. 2d 399, 771 P.2d 1137 (1989), Joseph P. Bennett

Washington Law Review

Under the Washington Sentencing Reform Act (SRA), two or more offenses committed in one transaction count as criminal history for the purpose of enhancing the sentence for each offense, unless the offenses encompass the "same criminal conduct." In State v. Collicott, the Washington Supreme Court held that offenses that share statutory elements constitute the same criminal conduct. The court's previous approach in State v. Dunaway focused on whether one crime furthered another. Analysis demonstrates that Dunaway better provides for proportionate sentences, and coupled with the merger doctrine, adequately prevents double punishment. Thus, the Washington Legislature should amend the SRA to …

Gideon V. Wainwright Revisited: What Does The Right To Counsel Guarantee Today? Foreword, Michael B. Mushlin

Pace Law Review

No abstract provided.

Introduction, William S. Geimer

Capital Defense Journal

No abstract provided.

Where Do We Go From Here? - Post-Conviction Review Of Death Sentences, Juliette A. Falkner

Capital Defense Journal

No abstract provided.

Judicial "Pruning" Of "Garden Variety Fraud" Civil Rico Cases Does Not Work: It's Time For Congress To Act, Susan Getzendanner

Vanderbilt Law Review

After many years of effort, Congress actually may amend substantively the civil provisions of the Racketeer Influenced and Corrupt Organizations Act'-"RICO"-this year.' So I am delighted to accept the timely invitation of the Vanderbilt Law Review to add my view of how the law should be revised.My RICO perspective comes from my years as a federal district court judge in Chicago from 1980 to 1987, when I witnessed the real birth and growth of civil RICO.'

I am told by my co-panelist, Professor G. Robert Blakey, that for a time I had written more RICO opinions than any other judge …

The Adversarial System At Risk, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

The most ominous recent development affecting the balance of forces in the adversary system is the unprecedented attack by prosecutors on criminal defense lawyers themselves. Grand jury subpoenas to attorneys, law office searches, disqualification motions, fee forfeiture proceedings, and, most recently, IRS attempts to enforce currency-reporting regulations do not seem to be isolated occurrences or mere happenstance. Rather, perhaps inspired by Shakespeare's injunction in Henry VI to "kill all the lawyers," some prosecutors appear to have concluded that the most effective way to prevail in the battle against crime is to cripple the defense lawyers, particularly those who represent defendants …