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Articles 10141 - 10170 of 12092
Full-Text Articles in Law
The Wrongs Of Victim's Rights, Lynne N. Henderson
The Wrongs Of Victim's Rights, Lynne N. Henderson
Articles by Maurer Faculty
No abstract provided.
Depraved Mind Murder And Intoxication: Some Sobering Thoughts On People V. Register
Depraved Mind Murder And Intoxication: Some Sobering Thoughts On People V. Register
Touro Law Review
No abstract provided.
Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc
Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc
Articles, Book Chapters, & Popular Press
Passion is a cogently structured, compel Jingly argued and seductively enthralling masterpiece which, in years to come, will undoubtedly stand out as an inspirational source for many who seek social transformation. Unger's style, in this essay at least, is lucid and inviting. Substantively, Passion demonstrates not only the depth of his penetrating intellect but also his command of an array of' disciplines. Unger's polymathy is all the more impressive when we remember that ours is an era in which idiosyncratic specialization is the norm.
Capital Juries And The Fair Cross-Section Requirement: Modern Constitutional Reasoning In Jury Selection, John Coleman Ayers
Capital Juries And The Fair Cross-Section Requirement: Modern Constitutional Reasoning In Jury Selection, John Coleman Ayers
Kentucky Law Journal
No abstract provided.
The New Federalism In Criminal Procedure In 1984: Death Of The Phoenix?, Donald E. Wilkes Jr.
The New Federalism In Criminal Procedure In 1984: Death Of The Phoenix?, Donald E. Wilkes Jr.
Scholarly Works
A decade has passed since my first article on the topic of new federalism in criminal procedure entitled, The New Federalism in Criminal Procedure: State Court Evasion of the Burger Court. This chapter takes a fresh look at the new federalism in criminal procedure in light of developments occurring since 1974.
Criminal Procedure: Comparative Proportionality Review Of Death Sentences: Is It A Meaningful Safeguard In Oklahoma?, Linda Burgess
Criminal Procedure: Comparative Proportionality Review Of Death Sentences: Is It A Meaningful Safeguard In Oklahoma?, Linda Burgess
Oklahoma Law Review
No abstract provided.
Criminal Procedure - The Admissibility Of Evidence Obtained Through Hypnosis - State V. Peoples, Sharon L. Hartman
Criminal Procedure - The Admissibility Of Evidence Obtained Through Hypnosis - State V. Peoples, Sharon L. Hartman
Campbell Law Review
This Note examines the problems bearing on admissibility of hypnotically induced or refreshed testimony in view of the literature discussing the effects of hypnosis on the witness. It focuses on whether the rule on inadmissibility adopted in Peoples should be a per se rule or should be subject to limited exceptions. Finally it considers the effect of the decision on criminal investigations and law enforcement.
The Relation Back Of Claims Against Third-Party Defendants, Howard K. Fishman
The Relation Back Of Claims Against Third-Party Defendants, Howard K. Fishman
Cardozo Law Review
No abstract provided.
Beyond Psychiatric Expertise (By Ben Bursten, M.D.), Bruce N. Morton
Beyond Psychiatric Expertise (By Ben Bursten, M.D.), Bruce N. Morton
Touro Law Review
No abstract provided.
Annual Survey Of Virginia Law: Criminal Procedure, Ronald J. Bacigal
Annual Survey Of Virginia Law: Criminal Procedure, Ronald J. Bacigal
University of Richmond Law Review
In Tennessee v. Garner, the United States Supreme Court rejected the common law rule which had permitted the use of deadly force to prevent the escape of an unarmed suspected felon. The Court held that deadly force cannot be used to prevent an escape unless the arresting officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others. The United States Supreme Court noted that "apparently" Virginia was one of the few jurisdictions still following the common law rule. However, the only Virginia authority cited, Berry v. …
Criminal Procedure And The Conflict Of Laws, John Bernard Corr
Criminal Procedure And The Conflict Of Laws, John Bernard Corr
Faculty Publications
No abstract provided.
Historical Truth, Narrative Truth, And Expert Testimony, Marianne Wesson
Historical Truth, Narrative Truth, And Expert Testimony, Marianne Wesson
Publications
No abstract provided.
The Privilege Against Self-Incrimination In A Rescue Situation, William T. Pizzi
The Privilege Against Self-Incrimination In A Rescue Situation, William T. Pizzi
Publications
No abstract provided.
Hunger Strikes And The State's Right To "Force Feed": Recent Australian Experience, Mark Findlay
Hunger Strikes And The State's Right To "Force Feed": Recent Australian Experience, Mark Findlay
Research Collection Yong Pung How School Of Law
Whether or not it is the nature of the protest itself which makes it unsuitable for resolution in a court-room situation, the case law relating to "hunger strikes" (and State's response) is both sparse and insignificant. Perhaps on the basis of its uniqueness alone, the case of Schneidas v. Corrective Services Commission(New South Wales) and Others should be of particular interest to jurists on both sides of the Irish border.
Entry To Arrest A Suspect In A Third Party's Home: Ninth Circuit Opens The Door—United States V. Underwood, 717 F.2d 482 (1983), Cert. Denied, 104 S. Ct. 1309 (1984), Sarah L. Klevit
Washington Law Review
This Note examines the Supreme Court's conflicting policies and how the Underwood court resolved them. To set a framework for analyzing the case, it discusses the Supreme Court's protection of privacy rights in the home and the Court's recent limitations on the standing doctrine. The Note reviews the facts and holding of Underwood, then illustrates both the problems with the court's reasoning and those created by its decision to uphold the search. Finally, this Note suggests that the Ninth Circuit's approach in Underwood was wrong and proposes, instead, a two-step test for analyzing similar search and seizure cases. Not only …
Evitts V. Lucey, Lewis F. Powell, Jr.
Ake V. Oklaboma, Lewis F. Powell Jr.
Black V. Romano, Lewis F. Powell, Jr.
Wainwright V. Witt, Lewis F. Powell Jr.
Wainwright V. Witt, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Atascadero State Hospital V. Scanlon, Lewis F. Powell Jr.
Atascadero State Hospital V. Scanlon, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
The Prosecutorial Perspective: The Victim And Witness Protection Act Of 1982, William A. Kolibash
The Prosecutorial Perspective: The Victim And Witness Protection Act Of 1982, William A. Kolibash
West Virginia Law Review
No abstract provided.
A Comparative Look At The Reporter's Privilege In Criminal Cases: United States, Federal Republic Of Germany, And Switzerland, Jeff V. Nelson
A Comparative Look At The Reporter's Privilege In Criminal Cases: United States, Federal Republic Of Germany, And Switzerland, Jeff V. Nelson
BYU Law Review
No abstract provided.
Informants' Tips And Probable Cause: The Demise Of Aguilar-Spinelli—Illinois V. Gates, 103 S. Ct. 2317 (1983), Laura J. Buckland
Informants' Tips And Probable Cause: The Demise Of Aguilar-Spinelli—Illinois V. Gates, 103 S. Ct. 2317 (1983), Laura J. Buckland
Washington Law Review
The Supreme Court was expected to announce a decision in Illinois v. Gates modifying the exclusionary rule to include a "good-faith" exception. "[W]ith apologies to all," however, the Court declined to rule on that issue. The Supreme Court instead abandoned the Aguilar-Spinelli test for assessing probable cause based on information derived from informants. The Court replaced the Aguilar-Spinelli test with a "totality of the circumstances" approach, and upheld the search warrant in Gates. Gates is the first Supreme Court decision to specifically address the use of anonymous informants' tips as the probable cause basis for securing a search warrant. Gates …
Criminal Procedure—Search Warrants—The Totality Of The Circumstances Test For Determination Of Probable Cause Is Adopted, Nancy Jane Willbanks
Criminal Procedure—Search Warrants—The Totality Of The Circumstances Test For Determination Of Probable Cause Is Adopted, Nancy Jane Willbanks
University of Arkansas at Little Rock Law Review
No abstract provided.
People Of The State Of Illinois Vs. John Gacy: The Functioning Of The Insanity Defense At The Limits Of The Criminal Law, Donald H.J. Herman, Helen L. Morrison, Yvonne Sor, Julie A. Norman, David M. Neff
People Of The State Of Illinois Vs. John Gacy: The Functioning Of The Insanity Defense At The Limits Of The Criminal Law, Donald H.J. Herman, Helen L. Morrison, Yvonne Sor, Julie A. Norman, David M. Neff
West Virginia Law Review
No abstract provided.
Terry Stop And Frisk Of Vehicle Occupant Extends To Passenger Compartment During Lawful Stop., Paula C. Tredeau
Terry Stop And Frisk Of Vehicle Occupant Extends To Passenger Compartment During Lawful Stop., Paula C. Tredeau
St. Mary's Law Journal
Abstract Forthcoming.
Cross-Racial Identification Errors In Criminal Cases, Sheri Johnson
Cross-Racial Identification Errors In Criminal Cases, Sheri Johnson
Cornell Law Faculty Publications
No abstract provided.
Public Opinion Of Forensic Psychiatry Following The Hinckley Verdict, Dan Slater, Valerie P. Hans
Public Opinion Of Forensic Psychiatry Following The Hinckley Verdict, Dan Slater, Valerie P. Hans
Cornell Law Faculty Publications
The authors obtained opinions of forensic psychiatry in a community survey following the not guilty by reason of insanity verdict in the Hinckley trial. A majority of respondents expressed little or no confidence in the specific psychiatric testimony in the Hinckley trial and only modest faith in the general ability of psychiatrists to determine legal insanity. Respondents' general and specific attitudes were strongly related. Younger people and women were more positive in their views of psychiatry in the courtroom.
The Principle Of Analogy In Sino-Soviet Criminal Laws, Dana Giovannetti
The Principle Of Analogy In Sino-Soviet Criminal Laws, Dana Giovannetti
Dalhousie Law Journal
"Analogy" is a principle of substantive criminal law which permits the conviction of an accused despite the absence of any defined criminal behavior.' If the actions of the accused are perceived to be inimical to the socio-political order then he may be found guilty of a defined crime which prohibits analogous behavior. Analogy may also be employed in a more restrained fashion as a principle of sentencing law. If the accused has committed a defined crime which is now perceived to be more deleterious his punishment may exceed the maximum legislatively mandated sentence. Analogy is, therefore, one method of defining …
"Seizures" Typology: Classifying Detentions Of The Person To Resolve Warrant, Grounds, And Search Issues, Wayne R. Lafave
"Seizures" Typology: Classifying Detentions Of The Person To Resolve Warrant, Grounds, And Search Issues, Wayne R. Lafave
University of Michigan Journal of Law Reform
This seizures typology constitutes a most important part of extant fourth amendment doctrine. The precision with which and perspective from which such classifications are drawn is obviously a matter of considerable interest to the police, who must in the first instance resolve these warrant, grounds, and search issues. It is also an appropriate subject of broader concern, as the shape of these categories has a critical bearing upon the effectiveness of our law enforcement processes and the extent of our protected liberty and privacy. The following comments are directed to this seizures typology.