Law Commons^™

Survey Of Developments In West Virginia Law: 1979

West Virginia Law Review

No abstract provided.

Prior Crime Impeachment Of Criminal Defendants: A Constitutional Analysis Of Rule 609, Gene R. Nichol Jr.

West Virginia Law Review

The use of prior criminal convictions to impeach the credibility of a witness is an almost universally applied and time-honored tenet of our evidentiary jurisprudence. Past convictions may not be used substantively to demonstrate criminal propensity; i.e., the likelihood that an individual will engage in criminal conduct based upon his past activities. However any witness giving testimony in a court of law is deemed to have placed his credibility in issue. As a result, in almost all American jurisdictions, a witness' character for truth and veracity may be attacked by proof that he has been convicted of a crime. This …

Criminal Procedure–Search And Seizure–Curtilage Includes The Garden, Kathryn Duncan Holt

University of Arkansas at Little Rock Law Review

No abstract provided.

Ix. Criminal Procedure

Washington and Lee Law Review

No abstract provided.

Involuntary Intoxication Is A Defense In Texas, Lewis Buttles

St. Mary's Law Journal

Abstract Forthcoming.

The Process Is The Punishment: Handling Cases In A Lower Criminal Court, Michigan Law Review

Michigan Law Review

A Book Notice about The Process Is the Punishment: Handling Cases in a Lower Criminal Court by Malcolm M. Feeley

Stubborn And Rebellious Children: Liability Of Public Officials For Detention Of Children In Jails, Mark Soler, Michael J. Dale, Kathleen Flake

BYU Law Review

No abstract provided.

Reforming The Federal Grand Jury And The State Preliminary Hearing To Prevent Conviction Without Adjudication, Peter Arenella

Michigan Law Review

It is this Article's thesis that the substitution of plea-bargaining for the criminal trial as our primary method for determining legal guilt requires a fundamental reassessment of our pretrial screening processes. In a system where the prosecutor's decision to file charges is usually followed by a negotiated guilty plea, we can no longer pretend that the pretrial process does not adjudicate the defendant's guilt. Accordingly, this Article argues that it no longer makes sense to rely primarily on the trial to safeguard essential accusatorial principles when pretrial screening devices like the preliminary hearing and the grand jury perform the only …

The Burden Of Proof In Criminal Cases: A Comment On The Mullaney-Patterson Doctrine, Fernand N. Dutile

Journal Articles

The United States Supreme Court's recent ventures into the constitutional requirements concerning the burden of proof in criminal cases justify consideration of their prescriptions, of their consistency and of the constitutional limits of burden-shifting.

Mullaney and Patterson mark not the end of the inquiry but rather its beginning. Although they undoubtedly resolve, whether well or badly, a large number of burden of proof situations, those resolved may be the easier and the more obvious, not the more difficult and the more subtle. In any event, however, these two landmark cases will at least have alerted us to the complex problems …

Of Crime - And Punishment: Sentencing The White-Collar Criminal, Alfred S. Pelaez

Duquesne Law Review

No abstract provided.

Criminal Discovery: Experience Under The American Bar Association Standards, Jerry E. Norton

Loyola University Chicago Law Journal

No abstract provided.

Property, Privacy, And Deterrence: The Exclusionary Rule In Search Of A Rationale, Steven R. Schlesinger, Bradford Wilson

Duquesne Law Review

No abstract provided.

Constitutional Law - Eighth Amendment - Cruel And Unusual Punishment - Length Of Prison Sentences, Albert A. Torrence

Duquesne Law Review

The Supreme Court of the United States has held that a mandatory life sentence imposed under a state recidivist statute on a defendant convicted of three nonviolent felonies totaling $229 does not constitute cruel and unusual punishment

Rummel v. Estelle, 100 S. Ct. 1133 (1980).

Visual Rape: A Look At The Dubious Legality Of Strip Searches, 13 J. Marshall L. Rev. 273 (1980), Paul R. Shuldiner

UIC Law Review

No abstract provided.

People V. Perez - Constitutional Implications Of Law Student Representation Of Indigent Criminal Defendants, 13 J. Marshall L. Rev. 461 (1980), Paula Giroux

UIC Law Review

No abstract provided.

Custodial Seizures And The Poison Tree Doctrine: Dunaway V. New York And Its Aftermath, 13 J. Marshall L. Rev. 733 (1980), Rosanne J. Faraci

UIC Law Review

No abstract provided.

Constitutional Law - Due Process Clause - Where New Prosecution Is Initiated For Additional Criminal Activity Not Specified In An Original Indictment, Actual Vindictiveness Is The Proper Standard To Determine Whether Such Prosecutorial Conduct Is Constitutionally Permissible, Peter R. Kahana

Villanova Law Review (1956 - )

No abstract provided.

Federal Courts - Civil Rights Action Under Section 1983 - Collateral Estoppel Does Not Bar Federal Litigation Under Section 1983 Of Search And Seizure Claims Following A State Court Decision Upholding Constitutionality Of The Search And Seizure, Linda M. Rohloff

Villanova Law Review (1956 - )

No abstract provided.

Criminal Law - Ineffective Assistance Of Counsel - Burden On Defendant To Demonstrate That Serious Incompetency, Falling Measurably Below The Performance Ordinarily Expected Of Fallible Lawyers, Was Likely To Have Affected The Outcome Of Trial, Clifford H. Lange

Villanova Law Review (1956 - )

No abstract provided.

The Right To Counsel During Court-Ordered Psychiatric Examinations Of Criminal Defendants, Roberta D. Pichini

Villanova Law Review (1956 - )

No abstract provided.

Criminal Law - Waiver - Pennslyvania Constitution Requires An Explicit Waiver Of Miranda Rights, Kevin Joseph Connors

Villanova Law Review (1956 - )

No abstract provided.

Corporate Crime And Punishment: A Non-Chicago View Of The Economics Of Criminal Sanctions, John C. Coffee Jr.

Faculty Scholarship

In this article, Professor Coffee argues that fines are an inefficient means by which to deter organizational crimes. Instead, he urges a focus on the individual decision-maker and a system of competitive bids with respect to the choice of a fine as an alternative punishment.

The Putative Defendant In A Federal Grand Jury Investigation, Edward F. Marek

Cleveland State Law Review

This article will examine substantive and procedural considerations arising in connection with the representation of a putative defendant or a subpoenaed witness who may become exposed to criminal charges or contempt in the course of a grand jury investigation. Subtle as well as obvious applications of the fifth amendment privilege against self-incrimination will be addressed. In addition, certain problem areas will be explored such as whether a "target" of a grand jury investigation who is under subpoena can legally avoid an appearance, or whether illegally obtained evidence can be used to obtain an indictment, or whether and under what circumstances …

Student Representation Of Indigent Defendants And The Sixth Amendment: On A Collision Course, Robert M. Hardaway

Cleveland State Law Review

This article will review the parallel patterns of development of clinical education and the sixth amendment, highlighting areas in which the practices of the former either conflict, or contain the potential for conflict with the latter. An analysis will be made of the present legal status of law student representation of indigent criminal defendants, with reference primarily to constitutional and sixth amendment considerations, but also to such related matters as the confidentiality of student-client communications, law student professional responsibility, and the applicability to students of state bar disciplinary rules. Finally, guidelines will be proposed regarding the proper scope of student …

Sentencing, The Dilemma Of Discretion, Jerold H. Israel

Book Chapters

[The following excerpts are taken from Professor Jerold Israel's revision of the late Hazel B. Kerper's Introduction to the Criminal Justice System ( West Publishing Co. 1979), with permission of the author and publisher. Footnotes have been omitted.] As we have seen, judges usually have substantial discretion in sentencing. Most states give them considerable leeway in choosing between probation and imprisonment, in setting the term of imprisonment under either an indeterminate or determinate sentencing structure, in deciding whether a young offender will be given the special benefits of a youthful offender statute, and in determining whether to impose consecutive or …

Desert And Deterrence: An Evaluation Of The Moral Bases For Capital Punishment, Richard O. Lempert

Book Chapters

Because the death penalty was so influential in its development, the law of homicide cannot be thoroughly understood without considering the subject of capital punishment. The question of whether or not the State is justified in taking an offender's life has for centuries been fraught with controversy. Moreover, the law on the subject has become enormously complicated as the courts have attempted to assure that the death penalty is fairly administered.

The Speedy Trial Act: Conflict Among The Circuits, Dennis P. Koeppel

Buffalo Law Review

No abstract provided.

"Your Papers, Please."—Is An Identification Requirement Constitutional?, John Mark Sullivan

Washington and Lee Law Review

No abstract provided.

Federal Habeas Corpus: Greater Protection For "Innocent" State Prisoners After Jackson V. Virginia, Jennie L. Montgomery

University of Richmond Law Review

In Jackson v. Virginia, the Burger Court recently made an apparent "about face" with regard to the scope of powers extended to a federal habeas corpus court reviewing a state court conviction. On the basis of this ruling, habeas corpus petitioners may now demand federal court examination of whether the evidence produced at their trials was sufficient to justify a finding of guilt beyond a reasonable doubt. Jackson is, therefore, a significant step beyond the Warren Court rule that due process is violated only when the record is totally devoid of any evidence to support the conviction.

Filling In The Gaps Of Virginia Bail Reform, R. Bryan Hatchett

University of Richmond Law Review

The 1960's and early 1970's witnessed an unprecedented reform of the bail laws of this country. The reform has made it possible for a greater percentage of criminal defendants to be released before trial thereby avoiding the stigma and considerable prejudice flowing from incarceration. Even though the reform has also produced a modest increase in the number of persons who fail to appear for trial, on balance critical response to the reform has been favorable.