Law Commons^™

The Admissibility Of Prior Silence To Impeach The Testimony Of Criminal Defendants, Rex A. Sharp

University of Michigan Journal of Law Reform

This Note focuses on whether a defendant who was called as a witness at the prior, severed trial of a codefendant and refused to testify by invoking the fifth amendment can subsequently be impeached by this silence at his own trial. In addition to the obvious implications this issue has for severed criminal trials, the factors considered when deciding whether impeachment by silence should be allowed generally are in sharpest focus in this factual setting. Thus, the analysis of the constitutional and evidentiary questions this Note enlists to argue that impeachment by silence in this context is permissible applies as …

The Reluctant Witness For The Prosecution: Grand Jury Subpoenas To Defense Counsel, Stacy Caplow

Faculty Scholarship

No abstract provided.

The "Good Faith Exception" Cases: Reasonable Exercises In Futility, Craig M. Bradley

Indiana Law Journal

No abstract provided.

Iii. Criminal Law And Procedure

Washington and Lee Law Review

No abstract provided.

(Almost) Everything You Wanted To Know About Criminal Procedure, Charles F.C. Ruff

Michigan Law Review

A Review of Criminal Procedure by Wayne R. LaFave and Jerold H. Israel

Prisoners' Access To The Courts: Legal Requirements And Practical Realities, Wayne T. Westling, Patricia Rasmussen

Loyola University Chicago Law Journal

No abstract provided.

Verdict According To Conscience: Perspectives On The English Criminal Trial Jury 1200-1800, Thomas A. Green

Books

This book treats the history of the English criminal trial jury from its origins to the eve of the Victorian reforms in the criminal law. It consists of eight free-standing essays on important aspects of that history and a conclusion. Each chapter addresses the phenomenon that has come to be known as "jury nullification," the exercise of jury discretion in favor of a defendant whom the jury nonetheless believes to have committed the act with which he is charged. Historically, some instances of nullification reflect the jury's view that the act in question is not unlawful, while in other cases …

Unmasking The Criminal: A Proposal To Prevent The Accessibility Of False Identification, 18 J. Marshall L. Rev. 789 (1985), Gerard Ring

UIC Law Review

No abstract provided.

Criminal Procedure, Kathryn A. Kersting

West Virginia Law Review

No abstract provided.

The Burger Court And Prosecutorial Misconduct, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Professor Gershman critically examines a series of recent Supreme Court decisions dealing with prosecutorial misconduct. In each case, the Court reversed the lower court and reinstated the conviction.

There are a broad range of issues involved; from suppression of evidence to trial misconduct. As a former prosecutor in New York City, the author is forced to conclude that, "Prosecutorial misconduct occurs because it works and because sanctions for misbehavior are virtually nonexistent."

Maryland's Prompt Criminal Trial Provisions: Hicks And Beyond, Harold Douglas Norton

University of Baltimore Law Review

In 1971, the Maryland General Assembly and court of appeals adopted the prompt trial provisions. It was not until the court's 1979 decision in State v. Hicks, however, that the "teeth" were put into the provisions, by supplying dismissal as the sanction for violation of the defendant's rights under the prompt trial provisions. Since that time, there has been an abundance of litigation in an attempt to clarify the applicability of the provisions and the sanction. In this article, the author presents a practical guide to the Maryland prompt trial provisions, analyzing the provisions and the wealth of recent case …

Casenotes: New Trials — Criminal Procedure — Constitutional Law — New Trial Not Warranted Unless Newly Discovered Evidence Satisfies Threshold Requirement Of Materiality To The Outcome Of The Case. Stevenson V. State, 299 Md. 297, 473 A.2d 450 (1984), Nicole Porter

University of Baltimore Law Review

No abstract provided.

Casenotes: Criminal Procedure — Appellate Review Of Sentencing — Sentencing Guidelines — Sentencing Judge's Mistaken Application Of Sentencing Guidelines Did Not Require Appellate Court To Vacate Sentence When Sentence Was Within Statutory Limits And Was The Result Of The Judge's Good Faith Exercise Of Discretion. Teasley V. State, 298 Md. 364, 470 A.2d 337 (1984), Mary Elizabeth Wildemann

University of Baltimore Law Review

No abstract provided.

Seizing Opportunity, Searching For Theory: Article I, Section 7, George R. Nock

Seattle University Law Review

Washington case law dealing with searches and seizures has now reached a developmental stage from which it can proceed either haphazardly or along any of several well-defined lines. The purpose of this Article is not to provide a compendium of Washington search-and-seizure cases. Rather, the Article analyzes the more recent (and some of the earlier) cases in which the Washington Supreme Court has interpreted article I, section 7, and suggests several alternative theoretical bases for the further development of Washington constitutional search-and-seizure jurisprudence.

Does A Criminal Defendant Have A Constitutional Right To Compel The Production Of Privileged Testimony Through Use Immunity, Louis M. Natali Jr.

Villanova Law Review (1956 - )

No abstract provided.

Testing The Reliability Of Coconspirators' Statements Admitted Under Federal Rule Of Evidence 801(D)(2)(E): Putting The Claws Back In The Confrontation Clause, Daniel R. Rizzolo

Villanova Law Review (1956 - )

No abstract provided.

The Guilty But Mentally Ill Plea And Verdict: Current State Of The Knowledge, Bradley D. Mcgraw, Daina Farthing-Capowich, Ingo Keilitz

Villanova Law Review (1956 - )

No abstract provided.

New York V. Quarles: The Dissolution Of Miranda, Mary M. Keating

Villanova Law Review (1956 - )

No abstract provided.

Executive Targeting Of Congressmen As A Violation Of The Arrest Clause, Anita Bernstein

Faculty Scholarship

No abstract provided.

The Wrong's Of Victim's Rights, Lynne Henderson

Scholarly Works

No abstract provided.

Around And Around On Pennsylvania's Juvenile Confession Carousel: This Time The Police Get The Brass Ring, Paula D. Shaffner

Villanova Law Review (1956 - )

No abstract provided.

A Transaction Theory Of Crime?, George P. Fletcher

Faculty Scholarship

The most difficult questions are foundational. It is no surprise then that one of the most puzzling questions in criminal law frames the whole inquiry: what is the nature of crime? Positivists dispose of the question easily. If the law is whatever the legislature and courts say it is, then crime is whatever these authoritative agencies designate as crime. The question becomes more interesting, however, if we regard crime as a prepositive concept, a concept that exists logically prior to the positive law. It is not that conduct is criminal because the legislature speaks; rather the legislature speaks because conduct …

Gates, Leon And The Compromise Of Adjudicatory Fairness: (Part I)-A Dialogue On Prejudicial Concurrences, Joel J. Finer

Law Faculty Articles and Essays

On July 5, 1984, the Supreme Court in Leon v. United States held that where law enforcement officials execute a search warrant issued in violation of the dictates of the fourth amendment but act in the "good faith," "objectively-reasonable" belief that the warrant was constitutionally valid, the fruits of the search should not (with a few exceptions) be excluded from evidence under the exclusionary rule. On June 8, 1983, in Illinois v. Gates, the Supreme Court, after calling for and receiving briefs and arguments on the same issue of whether the exclusionary rule should be modified, concluded, for reasons of …

Introduction To Debate (Between N. Morris And R. Bonnie): Should The Insanity Defense Be Abolished?, Joel J. Finer

Law Faculty Articles and Essays

The author introduces a debate between Professor Norval Morris and Professor Richard Bonnie on the insanity defense.

The Capital Defendant's Right To Make A Personal Plea For Mercy: Common Law Allocution And Constitutional Mitigation, J. Thomas Sullivan

Law Faculty Scholarship

No abstract provided.

The Key-Man System For Composing Jury Lists In West Virginia--The Story Of Abuse, The Case For Reform, Charles R. Disalvo

West Virginia Law Review

No abstract provided.

Kentucky Law Survey: Criminal Procedure, William H. Fortune

Law Faculty Scholarly Articles

Many important criminal procedure cases were decided by the Kentucky appellate courts during the Survey period-too many to permit meaningful comment on each case. The author has selected those criminal procedure cases he feels are most significant and has not attempted to comment on penal code cases, most of which involve matters of criminal law.

Kidnapping: A Modern Definition, John L. Diamond

Faculty Scholarship

No abstract provided.

An Exception To Administering Miranda Warnings Exists Where Police Questioning Is Promptd By Concern For Public Safety., Stephen S. Goodman Iv

St. Mary's Law Journal

Abstract Forthcoming.

How Judges Judge: A Study Of Disagreement On The United States Court Of Appeals For The Eighth Circuit, Douglas O. Linder

Faculty Works

No abstract provided.