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Articles 1 - 30 of 31
Full-Text Articles in Law
Power, Policy, And The Hyde Amendment: Ensuring Sound Judicial Interpretation Of The Criminal Attorney's Fees Law, Lawrence Judson Welle
Power, Policy, And The Hyde Amendment: Ensuring Sound Judicial Interpretation Of The Criminal Attorney's Fees Law, Lawrence Judson Welle
William & Mary Law Review
No abstract provided.
From Property To Personhood: What The Legal System Should Do For Children In Family Violence Cases, Leigh Goodmark
From Property To Personhood: What The Legal System Should Do For Children In Family Violence Cases, Leigh Goodmark
West Virginia Law Review
No abstract provided.
The Independent Counsel Statute: A Premature Demise, Julian A. Cook Iii
The Independent Counsel Statute: A Premature Demise, Julian A. Cook Iii
BYU Law Review
No abstract provided.
Admitting Expert Testimony On Battered Woman Syndrome In Virginia Courts: How Peeples Changed Virginia Self-Defense Law, Marybeth H. Lenkevich
Admitting Expert Testimony On Battered Woman Syndrome In Virginia Courts: How Peeples Changed Virginia Self-Defense Law, Marybeth H. Lenkevich
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Neonaticide And The Misuse Of The Insanity Defense, Megan C. Hogan
Neonaticide And The Misuse Of The Insanity Defense, Megan C. Hogan
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Constitutional Criminal Procedure: A Two Year Survey, James P. Fleissner, Jeffrey R. Harris
Constitutional Criminal Procedure: A Two Year Survey, James P. Fleissner, Jeffrey R. Harris
Mercer Law Review
This Article surveys significant constitutional criminal procedure decisions of the United States Court of Appeals for the Eleventh Circuit issued during 1997 and 1998. The "constitutional" branch of criminal procedure focuses on the interpretation of the Fourth, Fifth, and Sixth Amendments to the United States Constitution. In selecting "significant" decisions, we emphasized questions of first impression, other noteworthy cases, and issues likely to interest attorneys practicing in the courts of the Eleventh Circuit. We have endeavored to summarize the selected decisions and provide commentary that, hopefully, will illuminate the issues and assist the reader in understanding the importance and implications …
Federal Sentencing Guidelines, James T. Skuthan, Rosemary T. Cakmis
Federal Sentencing Guidelines, James T. Skuthan, Rosemary T. Cakmis
Mercer Law Review
The Eleventh Circuit decided several cases this past year covering a broad range of United States Sentencing Guidelines ("U.S.S.G.") issues. Two areas of particular concern were firearms and departures.
Due to the 1995 Supreme Court decision in Bailey v. United States, several defendants had their firearm convictions vacated and were resentenced. Thus, the Eleventh Circuit in 1998 was faced with reviewing these resentencings to determine the applicability of guideline enhancements for firearms.
The court also decided several cases relating to downward departures based on cultural differences, a defendant's impulse control disorder, the over-representation of a career offender's prior record, …
Invaluable Tool Vs. Unfair Use Of Private Information: Examining Prosecutors' Use Of Jurors' Criminal History Records In Voir Dire, Lance Salyers
Invaluable Tool Vs. Unfair Use Of Private Information: Examining Prosecutors' Use Of Jurors' Criminal History Records In Voir Dire, Lance Salyers
Washington and Lee Law Review
No abstract provided.
The Standing Of The United States: How Criminal Prosecutions Show That Standing Doctrine Is Looking For Answers In All The Wrong Places, Edward A. Hartnett
The Standing Of The United States: How Criminal Prosecutions Show That Standing Doctrine Is Looking For Answers In All The Wrong Places, Edward A. Hartnett
Michigan Law Review
The Supreme Court insists that Article III of the Constitution requires a litigant to have standing in order for her request for judicial intervention to constitute a "case" or "controversy" within the jurisdiction of a federal court; it also insists that the "irreducible constitutional minimum" of standing requires (1) that the litigant suffer an "injury in fact"; (2) that the person against whom the judicial intervention is sought have caused the injury; and (3) that the requested judicial intervention redress the injury. The requisite injury in fact, the Court repeatedly declares, must be "personal," "concrete and particularized," and "actual or …
Television In The Courtroom: Mightier Than The Pen?, Richard P. Matsch
Television In The Courtroom: Mightier Than The Pen?, Richard P. Matsch
Michigan Law Review
In his Introduction, author Ronald L. Goldfarb explains that his purpose is to address all the arguments advanced against televised trials, cover the points made by proponents of televised trials, and find a sensible solution to what he believes is the fundamental issue: "How can we best blend new media technologies with our traditional and revered commitment to democracy and justice?" (p. xxiv). He ends the book with this prospective paragraph: "I expect that all the courtrooms of the future - state and federal, trial and appellate - will be equipped with cameras. I suggest that all trials should be …
Waiver Of The Right To Appeal Sentencing In Plea Agreements With The Federal Government, David E. Carney
Waiver Of The Right To Appeal Sentencing In Plea Agreements With The Federal Government, David E. Carney
William & Mary Law Review
No abstract provided.
Communicating With Capital Juries: How Life Versus Death Decisions Are Made, What Persuades, And How To Most Effectively Communicate The Need For A Verdict Of Life, Melissa E. Whitman
Communicating With Capital Juries: How Life Versus Death Decisions Are Made, What Persuades, And How To Most Effectively Communicate The Need For A Verdict Of Life, Melissa E. Whitman
Capital Defense Journal
No abstract provided.
Two Decades Of Death: Trashing The Rule Of Law In Virginia, William S. Geimer
Two Decades Of Death: Trashing The Rule Of Law In Virginia, William S. Geimer
Capital Defense Journal
No abstract provided.
Swisher V. Commonwealth 506 S.E.2d 763 (Va. 1998)
Swisher V. Commonwealth 506 S.E.2d 763 (Va. 1998)
Capital Defense Journal
No abstract provided.
A One-Way Ticket Back To The United States: The Collision Of International Extradition Law And The Death Penalty, Mary K. Martin
A One-Way Ticket Back To The United States: The Collision Of International Extradition Law And The Death Penalty, Mary K. Martin
Capital Defense Journal
No abstract provided.
Chichester V. Taylor No. 98-15, 1999 Wl 3736 (4th Cir. Jan. 6, 1999)
Chichester V. Taylor No. 98-15, 1999 Wl 3736 (4th Cir. Jan. 6, 1999)
Capital Defense Journal
No abstract provided.
Atkins V. Commonwealth 510 S.E.2d 445 (Va. 1999)
Atkins V. Commonwealth 510 S.E.2d 445 (Va. 1999)
Capital Defense Journal
No abstract provided.
The Calling Of Criminal Defense, Abbe Smith, William Montross
The Calling Of Criminal Defense, Abbe Smith, William Montross
Mercer Law Review
INTRODUCTION: A HOSTILE CLIMATE FOR CRIMINAL DEFENSE LAWYERS AND OUR CLIENTS
Criminal defense work is an increasingly difficult undertaking in these harsh times. Blame is a favorite pastime. Vengeance follows close behind. Compassion for those who commit wrongdoing out of misfortune seems either nostalgic or naive. Instead, there is a universal call for individual accountability; wrongdoers ought to be held strictly responsible for their actions, no matter the circumstance.
Along with blame and vengeance comes a lust for punishment. The public cannot seem to get enough of it. The United States is building prisons at a record pace. If the …
Reconceiving The Right To Present Witnesses, Richard A. Nagareda
Reconceiving The Right To Present Witnesses, Richard A. Nagareda
Michigan Law Review
Modem American law is, in a sense, a system of compartments. For understandable curricular reasons, legal education sharply distinguishes the law of evidence from both constitutional law and criminal procedure. In fact, the lines of demarcation between these three subjects extend well beyond law school to the organization of the leading treatises and case headnotes to which practicing lawyers routinely refer in their trade. Many of the most interesting questions in the law, however, do not rest squarely within a single compartment; instead, they concern the content and legitimacy of the lines of demarcation themselves. This article explores a significant, …
Character Evidence And Sex Crimes In The Federal Courts: Recent Developments, Robert F. Thompson Iii
Character Evidence And Sex Crimes In The Federal Courts: Recent Developments, Robert F. Thompson Iii
University of Arkansas at Little Rock Law Review
No abstract provided.
Dickerson And The Future Of Miranda, Brenda E. Mallinak
Dickerson And The Future Of Miranda, Brenda E. Mallinak
Richmond Public Interest Law Review
Dickerson v. United States is one such case where the Fourth Circuit considered §3501 sua sponte and applied the statute in the absence of Miranda warnings. This action by the Fourth Circuit raises four issues which will be addressed in this paper. Part I addresses the issue of whether the federal executive branch can decline to enforce a law passed by Congress will be examined, as well as the related question of whether, in the face of executive refusal to use a law, can the courts sua sponte rely on that law to decide a case. In Part 11 the …
Born To Run: The Supreme Court Of Washington's Misapplication Of The Doctrine Of Specialty In State V. Pang, Timothy Mcmichael
Born To Run: The Supreme Court Of Washington's Misapplication Of The Doctrine Of Specialty In State V. Pang, Timothy Mcmichael
Washington Law Review
The Supreme Court of Washington's decision in State v. Pang that Martin Pang could not be tried for murder involved an erroneous application of the doctrine of specialty. This Note contends that this decision was based upon the court's overly broad reading of the U.S. Supreme Court's decision in United States v. Rauscher. The Supreme Court of Washington implied terms into the extradition treaty because of the court's incorrect interpretation of Rauscher, which prevented Washington from prosecuting Pang for murder. In addition, the court failed to take into account the policy rationales behind the doctrine of specialty, which …
Dickerson And The Future Of Miranda, Brenda E. Mallinak
Dickerson And The Future Of Miranda, Brenda E. Mallinak
Richmond Journal of Law and the Public Interest
Dickerson v. United States is one such case where the Fourth Circuit considered §3501 sua sponte and applied the statute in the absence of Miranda warnings. This action by the Fourth Circuit raises four issues which will be addressed in this paper. Part I addresses the issue of whether the federal executive branch can decline to enforce a law passed by Congress will be examined, as well as the related question of whether, in the face of executive refusal to use a law, can the courts sua sponte rely on that law to decide a case. In Part 11 the …
Due Process On The "Uncharted Seas Of Irrelevance":T Limiting The Presence Of Victim Impact Evidence At Capital Sentencing After Payne V. Tennessee, Justin D. Flamm
Due Process On The "Uncharted Seas Of Irrelevance":T Limiting The Presence Of Victim Impact Evidence At Capital Sentencing After Payne V. Tennessee, Justin D. Flamm
Washington and Lee Law Review
No abstract provided.
Running From The Law: Should Bounty Hunters Be Considered State Actors And Thus Subject To Constitutional Restraints?, Andrew D. Patrick
Running From The Law: Should Bounty Hunters Be Considered State Actors And Thus Subject To Constitutional Restraints?, Andrew D. Patrick
Vanderbilt Law Review
The issue of bounty hunter misconduct catapulted into the public spotlight in September, 1997, when a team of commando-like criminals who claimed to be searching for a bail-jumper gunned down a Phoenix couple in their own bedroom. Though the perpetrators' story was later uncovered as a hoax, and though the men would likely have been convicted of second-degree murder regardless of their profession,s their case and others like it aroused impassioned demands for bounty hunter regulation and, more radically, constitutional restraints on the bail bond industry.
Constitutional protections are applicable only against the government and "state actors." Bounty hunters have …
Practicing Medicine Without A License: Legislative Attempts To Mandate Chemical Castration For Repeat Sex Offenders, 32 J. Marshall L. Rev. 381 (1999), Lisa Keesling
UIC Law Review
No abstract provided.
When To Hear The Hearsay: A Proposal For A New Rule Of Evidence Designed To Protect The Constitutional Right Of The Criminally Accused To Confront The Witnesses Against Her, 32 J. Marshall L. Rev. 1287 (1999), Scott A. Smith
UIC Law Review
No abstract provided.
Federal Bribery Statute And The Ethics Of Purchasing Testimony, 33 J. Marshall L. Rev. 209 (1999), Camille Knight
Federal Bribery Statute And The Ethics Of Purchasing Testimony, 33 J. Marshall L. Rev. 209 (1999), Camille Knight
UIC Law Review
No abstract provided.
Is The Excessive Fines Clause Excessively Kind To Money Launderers, Drug Dealers, And Tax Evaders, 33 J. Marshall L. Rev. 243 (1999), Ann Jennings Maron
Is The Excessive Fines Clause Excessively Kind To Money Launderers, Drug Dealers, And Tax Evaders, 33 J. Marshall L. Rev. 243 (1999), Ann Jennings Maron
UIC Law Review
No abstract provided.
Right To Inspect And Test Breath Alcohol Machines: Suspicion Ain't Proof, 33 J. Marshall L. Rev. 1 (1999), Gil Sapir, Mark Giangrande
Right To Inspect And Test Breath Alcohol Machines: Suspicion Ain't Proof, 33 J. Marshall L. Rev. 1 (1999), Gil Sapir, Mark Giangrande
UIC Law Review
No abstract provided.