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Articles 10351 - 10380 of 12092
Full-Text Articles in Law
Criminal Law: Homicide, Ellen Y. Suni
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
The Right Of Confrontation: Part Ii, Paul C. Giannelli
Faculty Publications
No abstract provided.
The Right To Defense Experts, Paul C. Giannelli
The Right To Defense Experts, Paul C. Giannelli
Faculty Publications
No abstract provided.
Supplementing The Functional Test Of Prosecutorial Immunity, Anthony J. Luppino
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
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
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
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
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
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
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
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 …