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Articles 10321 - 10350 of 12092

Full-Text Articles in Law

Search And Seizure, William R. Wilson Jr. Jul 1982

Search And Seizure, William R. Wilson Jr.

University of Arkansas at Little Rock Law Review

No abstract provided.


The Death Penalty In Washington: An Historical Perspective, Leonie G. Hellwig Jul 1982

The Death Penalty In Washington: An Historical Perspective, Leonie G. Hellwig

Washington Law Review

This Comment follows the evolution of Washington's capital punishment law through the 1981 legislation and analyzes the two cases that invalidated the 1977 death penalty statute. The Comment favors the reasoning behind the dissenting opinions of Martin and Frampton as more consistent with established principles of statutory construction. The Comment concludes with a discussion of Washington's new capital punishment legislation enacted in response to the supreme court's decisions.


Review Article Of Criminal Procedure: An Analysis Of Constitutional Cases And Concepts, Sara Sun Beale Jun 1982

Review Article Of Criminal Procedure: An Analysis Of Constitutional Cases And Concepts, Sara Sun Beale

Journal of Legal Education

No abstract provided.


Pretrial Procedure Under The Massachusetts Rules Of Criminal Procedure, Eric D. Blumenson, Eva Nilsen Jun 1982

Pretrial Procedure Under The Massachusetts Rules Of Criminal Procedure, Eric D. Blumenson, Eva Nilsen

Faculty Scholarship

The Massachusetts Rules of Criminal Procedure became effective on July 1, 1979. While many of their provisions helpfully codify previously existing practice and case law, the Rules have in some areas effected a major transformation of criminal procedure. This article examines the changes wrought by the Rules in the pretrial arena, with emphasis on those areas that remain somewhat unfamiliar to the practitioner or untested against constitutional challenge in the courts. While the Rules appear to have done an admirable job of simplifying and rationalizing the criminal trial process, their emphasis on mutuality and reciprocity have in some cases created …


Stone V. Powell And The Effective Assistance Of Counsel, Michigan Law Review May 1982

Stone V. Powell And The Effective Assistance Of Counsel, Michigan Law Review

Michigan Law Review

Part I briefly identifies the considerations underlying the Stone Court's decision to limit habeas corpus review of fourth amendment claims. Part II then argues against applying Stone to the sixth amendment claim. After establishing the analytic difference between the two constitutional claims and examining Stone's "opportunity for full and fair litigation" standard, it concludes that Stone is fully consistent with free review of habeas corpus petitions alleging incompetent handling of fourth amendment questions. Finally, responding to a popular interpretation of Stone, Part II demonstrates that the possibility that ineffectiveness claims may not further the determination of a defendant's …


Double Jeopardy And Federal Prosecution After State Jury Acquittal, Michigan Law Review Apr 1982

Double Jeopardy And Federal Prosecution After State Jury Acquittal, Michigan Law Review

Michigan Law Review

This Note argues that the rationale of the Supreme Court's post-conviction cases cannot be extended to cases involving jury acquittal and that federal reprosecution after state jury acquittal violates the double jeopardy clause. One can give meaning to the clause, Part Iexplains, only by reference to its underlying constitutional values.Part II suggests that these values, while possibly compatible with federal prosecution after a state conviction, cannot countenance reprosecution after a jury acquittal. Part III proposes that courts determine whether such reprosecution is appropriate by applying the Blockhurger same offense standard: Two offenses are the same unless each requires proof of …


Towards Neutral Principles In The Administration Of Criminal Justice: A Critique Of Supreme Court Decisions Sanctioning The Plea Bargaining Process, Malvina Halberstam Apr 1982

Towards Neutral Principles In The Administration Of Criminal Justice: A Critique Of Supreme Court Decisions Sanctioning The Plea Bargaining Process, Malvina Halberstam

Articles

This article compares the Court's reasoning in plea bargaining cases with its reasoning in non-plea-bargaining cases that involve the same legal principles. It analyzes the Court's arguments for sustaining guilty pleas induced by fear of the death penalty or by promises of leniency, and for sanctioning the imposition of harsher penalties on those who reject prosecutional offers to plead and insist on a trial. Finally, it briefly addresses the contention that the system for the administration of criminal justice in the United States could not function if use of a sentencing differential to induce guilty pleas were prohibited.


Vii. Criminal Law & Procedure Mar 1982

Vii. Criminal Law & Procedure

Washington and Lee Law Review

No abstract provided.


Bringing The Rule Of Law To Criminal Sentencing: Judicial Review, Sentencing Guidelines And A Policy Of Just Deserts, Peter A. Ozanne Jan 1982

Bringing The Rule Of Law To Criminal Sentencing: Judicial Review, Sentencing Guidelines And A Policy Of Just Deserts, Peter A. Ozanne

Loyola University Chicago Law Journal

No abstract provided.


Past Arrests And Perceived Perjury As Sentencing Factors In Illinois, Valerie J. Fisher Jan 1982

Past Arrests And Perceived Perjury As Sentencing Factors In Illinois, Valerie J. Fisher

Loyola University Chicago Law Journal

No abstract provided.


Poetry And The Criminal Law: The Idea Of Punishment In Shakespeare's Measure For Measure, William T. Braithwaite Jan 1982

Poetry And The Criminal Law: The Idea Of Punishment In Shakespeare's Measure For Measure, William T. Braithwaite

Loyola University Chicago Law Journal

No abstract provided.


The Prosecutor's Function In Sentencing, Dan K. Webb, Scott F. Turow Jan 1982

The Prosecutor's Function In Sentencing, Dan K. Webb, Scott F. Turow

Loyola University Chicago Law Journal

No abstract provided.


Federal Criminal Sentencing: The Case For Evidentiary Standards, Frank D. Giorno Jan 1982

Federal Criminal Sentencing: The Case For Evidentiary Standards, Frank D. Giorno

Loyola University Chicago Law Journal

No abstract provided.


Criminal Sentencing In Antitrust Cases, Mary Patricia Kerns Jan 1982

Criminal Sentencing In Antitrust Cases, Mary Patricia Kerns

Loyola University Chicago Law Journal

No abstract provided.


Rape Of The Mentally Deficient: Satisfaction Of The Nonconsent Element, 15 J. Marshall L. Rev. 115 (1982), Susan L. Brody Jan 1982

Rape Of The Mentally Deficient: Satisfaction Of The Nonconsent Element, 15 J. Marshall L. Rev. 115 (1982), Susan L. Brody

UIC Law Review

No abstract provided.


Miranda And The Burger Court: Trends And Countertrends, David Sonenshein Jan 1982

Miranda And The Burger Court: Trends And Countertrends, David Sonenshein

Loyola University Chicago Law Journal

No abstract provided.


Capital Punishment And Crimes Of Murder, Dorean M. Koenig Jan 1982

Capital Punishment And Crimes Of Murder, Dorean M. Koenig

Loyola University Chicago Law Journal

No abstract provided.


Separation Of Powers And The Illinois Habitual Offender Act: Who Sentences The Habitual Criminal?, Terence J. Moran Jan 1982

Separation Of Powers And The Illinois Habitual Offender Act: Who Sentences The Habitual Criminal?, Terence J. Moran

Loyola University Chicago Law Journal

No abstract provided.


The Federal Speedy Trial Act: Stampede Into Ambush, 16 J. Marshall L. Rev. 27 (1982), Robert L. Doyel Jan 1982

The Federal Speedy Trial Act: Stampede Into Ambush, 16 J. Marshall L. Rev. 27 (1982), Robert L. Doyel

UIC Law Review

No abstract provided.


Construing Federal Criminal Statutes Employing Terms Which Have No Established Common-Law Meaning: Section 2113(B) Of The Federal Bank Robbery Act, 16 J. Marshall L. Rev. 125 (1982), Linas J. Kelecius Jan 1982

Construing Federal Criminal Statutes Employing Terms Which Have No Established Common-Law Meaning: Section 2113(B) Of The Federal Bank Robbery Act, 16 J. Marshall L. Rev. 125 (1982), Linas J. Kelecius

UIC Law Review

No abstract provided.


Survey Of Developments In West Virginia Law: 1981 Jan 1982

Survey Of Developments In West Virginia Law: 1981

West Virginia Law Review

No abstract provided.


Criminal Procedure - Speedy Trial Clause Not Applicable To Time Between Dismissal Of Military Charges And Subsequent Indictment On Civilian Charges, Frank Prior Jan 1982

Criminal Procedure - Speedy Trial Clause Not Applicable To Time Between Dismissal Of Military Charges And Subsequent Indictment On Civilian Charges, Frank Prior

Campbell Law Review

This note will analyze the Supreme Court's holding in United States v. MacDonald in view of the purposes of the speedy trial guarantee and consider possible alternatives to the drastic remedy of dismissal.


Criminal Law And Procedure, Various Editors Jan 1982

Criminal Law And Procedure, Various Editors

Villanova Law Review (1956 - )

No abstract provided.


Federal Parole And Federal Sentencing: A Report On The Present And Some Thoughts For The Future, David J. Gottlieb Jan 1982

Federal Parole And Federal Sentencing: A Report On The Present And Some Thoughts For The Future, David J. Gottlieb

Loyola University Chicago Law Journal

No abstract provided.


Foreword, James P. Carey Jan 1982

Foreword, James P. Carey

Loyola University Chicago Law Journal

No abstract provided.


Commentary On Bullington V. Missouri, Richard Sindel Jan 1982

Commentary On Bullington V. Missouri, Richard Sindel

Loyola University Chicago Law Journal

No abstract provided.


Prosecutorial Vindictiveness And The Plea Bargaining Exception: Bordenkircher V. Hayes Four Years Later, Christine Schaack Mcgoey Jan 1982

Prosecutorial Vindictiveness And The Plea Bargaining Exception: Bordenkircher V. Hayes Four Years Later, Christine Schaack Mcgoey

Loyola University Chicago Law Journal

No abstract provided.


Criminal Sentencing Legislation Pending Before The Ninety-Seventh Congress, Timothy J. Frenzer Jan 1982

Criminal Sentencing Legislation Pending Before The Ninety-Seventh Congress, Timothy J. Frenzer

Loyola University Chicago Law Journal

No abstract provided.


Domestic Violence: Illinois Responds To The Plight Of The Battered Wife - The Illinois Domestic Violence Act, 16 J. Marshall L. Rev. 77 (1982), Mary Lou Boland Jan 1982

Domestic Violence: Illinois Responds To The Plight Of The Battered Wife - The Illinois Domestic Violence Act, 16 J. Marshall L. Rev. 77 (1982), Mary Lou Boland

UIC Law Review

No abstract provided.


Peremptory Challenges And The Clash Between Impartiality And Group Representation, Stephen A. Saltzburg, Mary Ellen Powers Jan 1982

Peremptory Challenges And The Clash Between Impartiality And Group Representation, Stephen A. Saltzburg, Mary Ellen Powers

Maryland Law Review

No abstract provided.