Law Commons^™

Criminal Procedure - The Automatic Standing Rule In Possession Cases Is Overruled, Timothy D. Brewer

University of Arkansas at Little Rock Law Review

No abstract provided.

Criminal Procedure - Voir Dire - Prosecutors Must Now Show That A Juror Is Irrevocably Committed To Voting Against The Maximum Penalty Before Striking For Cause, Marcella Taylor

University of Arkansas at Little Rock Law Review

No abstract provided.

Reflections On Alfred Hill's "Testimonial Privilege And Fair Trial", Peter Westen

University of Michigan Journal of Law Reform

I have learned a great deal from "Testimonial Privilege and Fair Trial"-as I always do from Professor Hill's work. Indeed, he has changed my way of thinking in this area in several important respects. At the same time, I come to rather different conclusions than he regarding each of his three major topics. Part I of this article examines the problem of finding a "remedy" for testimonial privileges that violate a defendant's right to a fair trial. Part II discusses the problem of determining when a defendant is entitled to assert that the "right" has been violated. Finally, Part III …

Vi. Criminal Procedure

Washington and Lee Law Review

No abstract provided.

Evidence Obtained By Unlawful Police Conduct Shall Not Be Excluded If The Government Establishes The Conduct Resulted From A Reasonable, Good Faith Belief That It Was Proper., John W. Berry

St. Mary's Law Journal

Abstract Forthcoming.

Confessions And The Court, Stephen J. Schulhofer

Michigan Law Review

A Review of Police Interrogation and Confessions: Essays in Law and Policy by Yale Kamisar

Book Review: A Theory Of Criminal Justice By Jan Corecki. New York: Columbia University Press. 1979. Pp. Xv, 185. $15.00., Ira Robbins

Book Reviews

Review of A Theory of Criminal Justice by Jan Corecki. New York: Columbia University Press. 1979. Pp. xv, 185. $15.00.

The Use Of Expert Services By Privately Retained Criminal Defense Attorneys, Roberta Rosenthal Kwall

Loyola University Chicago Law Journal

No abstract provided.

Rhode Island V. Innis: “Offhand Comments” Or “Interrogation”?, Kingsley R. Browne

Law Faculty Research Publications

No abstract provided.

Retrial After A Hung Jury: The Double Jeopardy Problem, Janet E. Findlater

Law Faculty Research Publications

No abstract provided.

Criminal Proceedings - Plea Bargaining, Scott W. Reid

Duquesne Law Review

The United States Court of Appeals for the Third Circuit has held that an unconsummated plea agreement cannot be enforced absent detrimental reliance.

Virgin Islands v. Scotland, 614 F.2d 360 (3d Cir. 1980).

Voir Dire In Kentucky: An Empirical Study Of Voir Dire In Kentucky Circuit Courts, William H. Fortune

Law Faculty Scholarly Articles

Voir dire is the stage of a jury trial at which prospective jurors are questioned under oath by court or counsel to determine their suitability as jurors in the case to be tried. Kentucky's high court has repeatedly recognized the importance of voir dire to the exercise of for-cause and peremptory challenges.

The trial judge's wide discretion in voir dire, however, necessarily makes a review of appellate decisions of minimal assistance in ascertaining what actually occurs during this important phase of a jury trial. Published opinions provide little guidance in this area; information about voir dire must come from a …

Criminal Procedure - Exclusionary Rule - Good Faith Exception - The Exclusionary Rule Will Not Operate In Circumstances Where The Officer's Violation Was Committed In The Reasonable, Good Faith Belief That His Actions Were Legal, David Kuritz

Villanova Law Review (1956 - )

No abstract provided.

Havens, Jenkins, And Salvucci, And The Defendant's "Right" To Testify, Craig M. Bradley

Articles by Maurer Faculty

Three recent Supreme Court opinions that enlarge the scope of permissible impeachment may substantially influence the criminal defendant's decision whether to take the stand. In this article, Professor Bradley evaluates the current status of the defendant's "right" to testify, assesses the impact of these cases on that right, and offers cogent advice on effective strategies for practitioners.

Griffin V. California: Still Viable After All These Years, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.

Criminal Procedure, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Criminal Law, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Reflections On Felony-Murder, George P. Fletcher

Faculty Scholarship

Of all the reforms proposed by the Model Penal Code, perhaps none has been less influential than the Model Code's recommendation on the perennial problem of felony-murder. As found in our nineteenth-century criminal codes, the rule has several variations. The basic scheme is to hold the accused liable for murder if the killing is connected in any way with the attempt to commit a felony or the flight from the scene of a felony. It does not matter whether the accused or an accomplice causes the death. Nor does it matter whether the killing occurs accidentally and non-negligently. According to …

Punishment And Compensation, George P. Fletcher

Faculty Scholarship

When novelists and philosophers turn to the work of lawyers, they tend to gravitate toward certain issues and ignore others. Two processes-punishment and compensation-lie at the heart of our legal system, but only the former has drawn the attention of literary and philosophical minds.

The issues of wrongdoing, guilt, and expiation are of endless fascination not only for Dostoevsky and Dürrenmatt, but for any writer who seeks to fathom the foundations of our moral life. For philosophers, the concept of punishment has become a proving ground of the even broader conflict between deontological and utilitarian moral theories. Deontologists hold that …

United States V. Payner New Limitations On The Courts Supervisory Power To Exclude Evidence, 14 J. Marshall L. Rev. 569 (1981), Michael A. Schoening

UIC Law Review

No abstract provided.

Criminal Law–Searches And Seizures–Individualized Probable Cause Is Necessary To Search Persons Incidentally On Premises Subject To A Warrant Authorized Search, Robert J. Fuller

University of Arkansas at Little Rock Law Review

No abstract provided.

Criminal Law–Arrest Without A Warrant–A Man's Home Is His Castle, Nancy Marian Epperson

University of Arkansas at Little Rock Law Review

No abstract provided.

The New Warrant Requirements: Payton V. New York And Wallace V. King, Robert B. Lloyd Jr.

University of Richmond Law Review

Since the original Bill of Rights was drafted, the diverse warrant requirements necessary for reasonable searches and seizures under the fourth amendment have led to chaos and confusion. A dichotomy has existed between the requirements necessary for the search and seizure of property and those necessary for the search and seizure of persons. Generally, a warrant has been required when the object of the search and seizure was property while no warrant has been necessary for the seizure of an individual. The Supreme Court decision in Payton v. New York has erased much of this distinction, holding that the fourth …

A Case For Jury Determination Of Search And Seizure Law, Ronald J. Bacigal

University of Richmond Law Review

In a criminal case the option to return a general verdict of acquittal invests the jury with the raw power to nullify many legal determinations, including the trial judge's ruling that a search is constitutional. While courts grudingly acknowledge the existence of an extra-legal jury nullification power, courts do not recognize any jury prerogative to determine the lawfulness of a search. The United States Supreme Court's discussion of the jury's role in interpreting and applying the fourth amendment consists of one terse statement that the legality of a search "is a question of fact and law for the court and …

Income Taxation And The Calculation Of Tort Damage Awards: The Ramifications Of Norfolk & Western Railway V. Liepelt

Washington and Lee Law Review

No abstract provided.

The "Perjury Trap", Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

It is the aim of the present Article, first, to explore the boundaries of legitimate grand jury interrogation as it bears on the subject of perjury and, second, to formulate guidelines that strike a balance between the needs of the investigatory process and the rights of witnesses.

Assuring Effective Assistance Of Counsel, William W. Schwarzer

Faculty Scholarship

No abstract provided.

Judge Frankel And The Adversary System, William T. Pizzi

Publications

No abstract provided.

When Cops Are Robbers-Municipal Liability For Police Misconduct Under Section 1983 And Bivens, Brenda D. Crocker

University of Richmond Law Review

Municipalities faced with rising crime rates, tighter budgets and an increasingly vocal populace often are pressed to make policy decisions which sacrifice important interests. When fiscal considerations predominate, there arises the danger that local police departments will be unable to fulfill their duty to ensure order in society without disturbing citizens' enjoyment of their civil rights. Until recently, improperly trained, supervised or disciplined police of- ficers merely subjected municipalities to embarrassment. However, with increasing success, citizens are arguing that they should be awarded damages against the municipality in every case where their civil rights have been deprived through police misconduct. …

Rhode Island V. Innis: A Workable Definition Of "Interrogation"?, Deborah L. Fletcher

University of Richmond Law Review

In Rhode Island v. Innis, the Supreme Court addressed for the first time the issue of what constitutes interrogation under Miranda v. Arizona. Innis is a significant decision in the criminal procedure area not only because of the workable standard for determining "interrogation" which it sets forth, but also because it signals the Burger Court's decision not to overrule Mirandaor to further disparage its effectiveness. However, Innis by no means represents a return to the Warren Court's solicitous approach to a suspect's Miranda rights. The Burger Court still has not raised Miranda's protections and strictures to the status of constitutionally …