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Articles 10351 - 10380 of 12092

Full-Text Articles in Law

Criminal Law: Homicide, Ellen Y. Suni Jan 1982

Criminal Law: Homicide, Ellen Y. Suni

Faculty Works

Substantive criminal law in Missouri has undergone substantial change in recent years. The most significant aspect of this change has been the adoption of the criminal code which discarded common law definitions of crime and redefined offenses in accord with the more modern Model Penal Code ap­proach. Although the code's drafters recommended major revision of the homicide statutes, these revisions were not ultimately adopted and the Mis­souri homicide statutes retained their common law approach. A combination of United States Supreme Court decisions, legislative activity and Missouri cases decided during the last decade, however, have led to important develop­ments in the …


Criminal Procedure, The Burger Court, And The Legacy Of The Warren Court, Jerold H. Israel Jan 1982

Criminal Procedure, The Burger Court, And The Legacy Of The Warren Court, Jerold H. Israel

Book Chapters

During the 1960s, the Warren Court's decisions in the field of criminal procedure were strongly denounced by many prosecutors, police officers, and conservative politicians. Some of these critics were careful in their description of the Warren Court's record. Others let their strong opposition to several of the Court's more highly publicized decisions destroy their perception of the Court's work as a whole.


The Right Of Confrontation: Part I, Paul C. Giannelli Jan 1982

The Right Of Confrontation: Part I, Paul C. Giannelli

Faculty Publications

No abstract provided.


Subjective Or Objective - Ups And Downs Of The Test Of Criminal Liability In England, John C. Smith Jan 1982

Subjective Or Objective - Ups And Downs Of The Test Of Criminal Liability In England, John C. Smith

Villanova Law Review (1956 - )

No abstract provided.


Post-Whalen Double Jeopardy In Virginia, Ronald J. Bacigal Jan 1982

Post-Whalen Double Jeopardy In Virginia, Ronald J. Bacigal

Law Faculty Publications

The constitutional prohibition against double jeopardy serves three distinct purposes: (1) prohibition of a second prosecution after acquittal; (2) prohibition of a second prosecution after conviction; and (3) prohibition of multiple punishments for the same offense. This article addresses the problem of defining "the same offense," and specifically focuses on the application of the Blockburger test in light of Whalen v. United States.


Search And Seizure Of America: The Case For Keeping The Exclusionary Rule, Yale Kamisar Jan 1982

Search And Seizure Of America: The Case For Keeping The Exclusionary Rule, Yale Kamisar

Articles

Twenty years ago, concurring in Mapp v. Ohio (1961), Justice William 0. Douglas looked back on Wolf v. Colorado (1949) (which had held that the Fourth Amendment's substantive protection against "unreasonable search and seizure" was binding on the states through the due process clause, but that the Fourth Amendment exclusionary rule was not) and recalled that the Wolf case had evoked "a storm of controversy which only today finds its end." But, of course, in the twenty years since Justice Douglas made that observation the storm of controversy has only intensified, and it has engulfed the exclusionary rule in federal …


Challenges Against Jurors In Courts-Martial, Karl R. Rábago Jan 1982

Challenges Against Jurors In Courts-Martial, Karl R. Rábago

Elisabeth Haub School of Law Faculty Publications

This Note will summarize the provisions of the Uniform Code of Military Justice and the Manual for Courts-Martial as well as the decisions of the military appellate courts in order to assist counsel in preparing for the conduct of voir dire and the challenge procedure. The Note will also discuss pre-trial preparation for the voir dire. The goals are to help the military attorney make better use of his client's right to challenge members of the court; and to give the civilian attorney a better understanding of the challenge process in courts-martial so that he will be more inclined to …


Sentencing Provisions And Considerations In The Federal System, Stanley J. Roszkowski Honorable Jan 1982

Sentencing Provisions And Considerations In The Federal System, Stanley J. Roszkowski Honorable

Loyola University Chicago Law Journal

No abstract provided.


Sentencing Under The Federal Youth Corrections Act: When May A Youth Be Treated As An Adult?, Cynthia A. Kelly Jan 1982

Sentencing Under The Federal Youth Corrections Act: When May A Youth Be Treated As An Adult?, Cynthia A. Kelly

Loyola University Chicago Law Journal

No abstract provided.


Current Developments In Corrections And The Lawyer's Role At Sentencing, Walter Dickey Jan 1982

Current Developments In Corrections And The Lawyer's Role At Sentencing, Walter Dickey

Loyola University Chicago Law Journal

No abstract provided.


Multiple Convictions Statute In Ohio: Has It Achieved Its Intended Result, Dale A. Nowak, Jeffrey A. Key Jan 1982

Multiple Convictions Statute In Ohio: Has It Achieved Its Intended Result, Dale A. Nowak, Jeffrey A. Key

Cleveland State Law Review

The Ohio Allied Offense Statute is a codification of the common law doctrine of merger and is the Ohio legislature's attempt to insulate criminal defendants from harsh and absurd punishment. This Article discusses the relationship of certain constitutional guarantees against multiple punishments to the Allied Offense Statute and the multiple punishment controversy in Ohio.


A Dissent From The Miranda Dissents: Some Comments On The 'New' Fifth Amendment And The Old 'Voluntariness' Test, Yale Kamisar Jan 1982

A Dissent From The Miranda Dissents: Some Comments On The 'New' Fifth Amendment And The Old 'Voluntariness' Test, Yale Kamisar

Book Chapters

If the several conferences and workshops (and many lunch conversations) on police interrogation and confessions in which I have participated this past summer are any indication, Miranda v. Arizona has evoked much anger and spread much sorrow among judges, lawyers and professors. In the months and years ahead, such reaction is likely to be translated into microscopic analyses and relentless, probing criticism of the majority opinion. During this period of agonizing appraisal and reappraisal, I think it important that various assumptions and assertions in the dissenting opinions do not escape attention.


Robbins, Belton And Ross: Reconsideration Of Bright Line Rules For Warrantless Container Searches, Christopher J. St. John Jan 1982

Robbins, Belton And Ross: Reconsideration Of Bright Line Rules For Warrantless Container Searches, Christopher J. St. John

Cleveland State Law Review

This Note analyzes the development of these warrantless container search and seizure exceptions to furnish a comprehensive review of their justifications. The major focus is on the underlying rationale of Belton and Ross and the possible ramifications of such far-reaching warrant exceptions. The Note recommends that state courts interpret their state constitutions to allow the less drastic alternative of warrantless seizures of certain containers rather than warrantless searches as permitted by Belton and Ross under the federal Constitution. In addition, an analytic methodology for isolating interrelated yet distinct search and seizure questions is proposed. Initially, a general background of fourth …


Death-Qualification And The Fireside Induction, Robert M. Berry Jan 1982

Death-Qualification And The Fireside Induction, Robert M. Berry

University of Arkansas at Little Rock Law Review

No abstract provided.


Search And Seizure—Administrative Law—Warrantless Inspection Provision Of The Federal Mine Safety And Health Act Of 1977 Held Constitutional, Bruce D. Maloch Jan 1982

Search And Seizure—Administrative Law—Warrantless Inspection Provision Of The Federal Mine Safety And Health Act Of 1977 Held Constitutional, Bruce D. Maloch

University of Arkansas at Little Rock Law Review

No abstract provided.


Entrapment As A Due Process Defense: Developments After Hampton V. United States, Ted K. Yasuda Jan 1982

Entrapment As A Due Process Defense: Developments After Hampton V. United States, Ted K. Yasuda

Indiana Law Journal

No abstract provided.


On Recognizing Variations In State Criminal Procedure, Jerold H. Israel Jan 1982

On Recognizing Variations In State Criminal Procedure, Jerold H. Israel

Articles

Everyone recognizes that the laws governing criminal procedure vary somewhat from state to state. There is often a tendency, however, to underestimate the degree of diversity that exists. Even some of the most experienced practitioners believe that aside from variations on some minor matters, such as the number of peremptory challenges granted, and variation on a few major items, such as the use of the grand jury, the basic legal standards governing most procedures are approximately the same in a large majority of states. I have seen varied evidence of this misconception in practitioner discussions of law reform proposals, particularly …


Kentucky Law Survey: Criminal Rules, William H. Fortune Jan 1982

Kentucky Law Survey: Criminal Rules, William H. Fortune

Law Faculty Scholarly Articles

In May 1978 the Kentucky Supreme Court set up a Criminal Rules Revision Committee (Advisory Committee) to study Kentucky's Rules of Criminal Procedure. The purpose of the Advisory Committee was to make recommendations to the Judicial Council. The committee met sixteen times between July 1978 and July 1980, and at the conclusion of its study, submitted a comprehensive revision of the rules of criminal procedure to the judicial council. These proposed revisions went beyond mere amendment of the existing rules. The Advisory Committee drew heavily from the Federal Rules of Criminal Procedure, and ultimately proposed extensive changes in plea bargaining, …


Inconsistencies In The Federal Circuit Courts' Application Of The Coconspirator Exception Jan 1982

Inconsistencies In The Federal Circuit Courts' Application Of The Coconspirator Exception

Washington and Lee Law Review

No abstract provided.


Federal Habeas Corpus And The Mapp Exclusionary Rule After Stone V. Powell, Philip Halpern Jan 1982

Federal Habeas Corpus And The Mapp Exclusionary Rule After Stone V. Powell, Philip Halpern

Journal Articles

No abstract provided.


The Right Of Confrontation: Part Ii, Paul C. Giannelli Jan 1982

The Right Of Confrontation: Part Ii, Paul C. Giannelli

Faculty Publications

No abstract provided.


The Right To Defense Experts, Paul C. Giannelli Jan 1982

The Right To Defense Experts, Paul C. Giannelli

Faculty Publications

No abstract provided.


Supplementing The Functional Test Of Prosecutorial Immunity, Anthony J. Luppino Jan 1982

Supplementing The Functional Test Of Prosecutorial Immunity, Anthony J. Luppino

Faculty Works

No abstract provided.


The Political And Administrative History Of The U.S. Court Of Appeals For The Tenth Circuit, Arthur J. Stanley, Irma S. Russell Jan 1982

The Political And Administrative History Of The U.S. Court Of Appeals For The Tenth Circuit, Arthur J. Stanley, Irma S. Russell

Faculty Works

A history of the Tenth Circuit Court of Appeals, which was created by dividing the Eighth Circuit, the only time geographical boundaries had been altered since the present federal circuit court system was instituted in 1891.


Prosecutorial Discretion And Discrimination In The Decision To Charge, Amy G. Applegate Jan 1982

Prosecutorial Discretion And Discrimination In The Decision To Charge, Amy G. Applegate

Articles by Maurer Faculty

No abstract provided.


Sentencing By Mathematics, William D. Rich, L Paul Sutton, Michael J. Saks, Todd R. Clear Jan 1982

Sentencing By Mathematics, William D. Rich, L Paul Sutton, Michael J. Saks, Todd R. Clear

Akron Law Faculty Publications

In Sentencing by Mathematics, Rich, Sutton, Saks, and Clear critically examine the growing interest in applying quantitative methods to criminal sentencing. The authors analyze proposals to use mathematical models and predictive algorithms in judicial decision-making to improve consistency, reduce disparities, and make sentencing more objective. They discuss the potential benefits of structured, data-driven sentencing, such as transparency and efficiency, but also raise concerns about oversimplification, loss of judicial discretion, and the ethical implications of basing punishment on statistical probabilities. The article ultimately explores the tension between individualized justice and systemic fairness, questioning whether mathematical models can adequately capture the complexity …


Babies Behind Bars: Should Incarcerated Mothers Be Allowed To Keep Their Newborns With Them In Prison?, Donna L. Brodie Jan 1982

Babies Behind Bars: Should Incarcerated Mothers Be Allowed To Keep Their Newborns With Them In Prison?, Donna L. Brodie

University of Richmond Law Review

Society's traditional approach to women offenders has been focused on "women as prisoners and not.., prisoners as women." Harsh implications for female offenders who are mothers can result from the view that incarceration not only curtails the prisoner's freedom of movement but also terminates many of the individual's civil rights as well. In reality, these women are doubly penalized with a prison sentence as well as temporary or permanent loss of their parental rights. Modern courts are beginning to recognize that "[a] prisoner retains all of the rights of an ordinary citizen except those expressly, or by necessary implication, taken …


The Prejudicial Effects Of Cameras In The Courtroom, Robert J. Fuoco Jan 1982

The Prejudicial Effects Of Cameras In The Courtroom, Robert J. Fuoco

University of Richmond Law Review

The Supreme Court recently held in Chandler v. Florida, that absent a showing of actual prejudice, it is not per se unconstitutional to televise trials over the objection of the defendant. This decision has a direct bearing on state court procedures, as over one-half of the states currently permit television coverage of trials in one form or another. However, sheer numbers supporting a proposition do not make that proposition "right", nor does a Supreme Court decision upholding its constitutionality imply an unqualified stamp of approval. In fact, previous Supreme Court decisions have overturned convictions because the defendant's right to a …


Testimonial Immunity And The Privilege Against Self-Incrimination: A Study In Isomorphism, Peter Lushing Jan 1982

Testimonial Immunity And The Privilege Against Self-Incrimination: A Study In Isomorphism, Peter Lushing

Articles

This Article accepts and will develop the Court's isomorphic theory of immunity and privilege, and will show why Portash is nonetheless correct in result. A case for a broadened view of the privilege, partially because of the availability of testimonial immunity, will be made. Apftlbaum will be shown to be incorrect in result. This Article will also analyze the problem of immunized testimony and perjury by inconsistent statement, a problem faced once by the Court but left unresolved. Finally, this Article will discuss the constitutional requirements of an immunity statute, and consider an immunity case presently pending before the Supreme …


Figuring Good-Time -- The Postconviction Process, Edward D. Barnes, Guy A. Sibilla Jan 1982

Figuring Good-Time -- The Postconviction Process, Edward D. Barnes, Guy A. Sibilla

University of Richmond Law Review

On July 1, 1981, a new statutory scheme for the administration of parole release became effective in Virginia. Although these new statutes which deal with the system of awarding credits for good conduct are not novel, only two other states, Arkansas and Texas, are reported to have implemented such a scheme. The following article addresses, in a general sense, the parole eligibility and release process in Virginia. This may provide some guidance for practicing attorneys and aid them in representing their clients' interests before the Virginia Parole Board. Additionally, the article reviews the newly introduced good conduct allowance system and …