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Articles 10531 - 10560 of 12094
Full-Text Articles in Law
The United States Sentencing Commission: A Constitutional Delegation Of Congressional Power, William C. Potter Ii
The United States Sentencing Commission: A Constitutional Delegation Of Congressional Power, William C. Potter Ii
Indiana Law Journal
No abstract provided.
Plea Bargaining: Is Contract Law Or Constitutional Law The Governing Principle, Herman Lewis Sloan
Plea Bargaining: Is Contract Law Or Constitutional Law The Governing Principle, Herman Lewis Sloan
North Carolina Central Law Review
No abstract provided.
Disposition Of A Federal Criminal Case When Defendant Dies Pending Appeal, Lori R. Dickerman
Disposition Of A Federal Criminal Case When Defendant Dies Pending Appeal, Lori R. Dickerman
University of Michigan Journal of Law Reform
This article discusses the way in which courts historically have disposed of such cases and the apparent change recently introduced by the United States Supreme Court. After an examination of the ramifications of the new and old rules, certain changes in current practice are recommended which will better serve the interests of the deceased, his survivors, and society as a whole.
The Defendant's Right To Independent Analysis Of The Breathalyzer Ampoule: The Probable Virginia Response, Anita L. Zuckerman
The Defendant's Right To Independent Analysis Of The Breathalyzer Ampoule: The Probable Virginia Response, Anita L. Zuckerman
William & Mary Law Review
No abstract provided.
Fourth Amendment Standing And Expectations Of Privacy: Rakas V. Illinois And New Directions For Some Old Concepts, Richard A. Williamson
Fourth Amendment Standing And Expectations Of Privacy: Rakas V. Illinois And New Directions For Some Old Concepts, Richard A. Williamson
Faculty Publications
No abstract provided.
Compensating Victims Of Crime: Evolving Concept Or Dying Theory, Kathleen V. Duffield
Compensating Victims Of Crime: Evolving Concept Or Dying Theory, Kathleen V. Duffield
West Virginia Law Review
No abstract provided.
When A District Court Has Stayed A Claim Involving Concurrent Jurisdiction, Issuance Of A Writ Of Mandamus Compelling Adjudication Is Improper., James P. Keenan
When A District Court Has Stayed A Claim Involving Concurrent Jurisdiction, Issuance Of A Writ Of Mandamus Compelling Adjudication Is Improper., James P. Keenan
St. Mary's Law Journal
Abstract Forthcoming.
Allocation Of Peremptory Challenges Among Multiple Parties., Daniel J. Sheehan Jr., Cynthia C. Hollingsworth
Allocation Of Peremptory Challenges Among Multiple Parties., Daniel J. Sheehan Jr., Cynthia C. Hollingsworth
St. Mary's Law Journal
Abstract Forthcoming.
Failure To Relate Exculpatory Story At Pretrial Hearings May Be Used By Prosecution To Impeach Defendant's Testimony At Trial., Stephen F. White
Failure To Relate Exculpatory Story At Pretrial Hearings May Be Used By Prosecution To Impeach Defendant's Testimony At Trial., Stephen F. White
St. Mary's Law Journal
Abstract Forthcoming.
Jury Tampering - 1978 Style Lawyer's Forum., W. James Kronzer
Jury Tampering - 1978 Style Lawyer's Forum., W. James Kronzer
St. Mary's Law Journal
Abstract Forthcoming.
Supplemental Voir Dire Is Required When Significant Delay Occurs Between Jury Selection And Start Of Trial., Larry E. Reed
Supplemental Voir Dire Is Required When Significant Delay Occurs Between Jury Selection And Start Of Trial., Larry E. Reed
St. Mary's Law Journal
Abstract Forthcoming.
Joint Trials Of Defendants In Criminal Cases: An Analysis Of Efficiencies And Prejudices, Robert O. Dawson
Joint Trials Of Defendants In Criminal Cases: An Analysis Of Efficiencies And Prejudices, Robert O. Dawson
Michigan Law Review
Legislatures and courts, in weighing the relative advantages of joint and separate trials, have unreasonably struck a balance in favor of joint trials. The strongest justification traditionally offered for joint trials is efficiency. This Article shows that courts have greatly exaggerated the supposed efficiencies of joint trials while grossly underestimating the impediments joint trials pose to fair and accurate determinations of individual guilt or innocence. The propriety of joint trials is more than a question of efficiencies. Joint trials usually, although not always, help the prosecutor to get convictions, and thereby modify the balance of advantage in criminal trials. Disputes …
The Preliminary Hearing: A Necessary Part Of Due Process, Andrea Lyon
The Preliminary Hearing: A Necessary Part Of Due Process, Andrea Lyon
Law Faculty Publications
No abstract provided.
The Future Of Confrontation, Peter K. Westen
The Future Of Confrontation, Peter K. Westen
Michigan Law Review
The Supreme Court seems to be setting the stage for a long-awaited examination of the confrontation clause. It has been ten years since the Court endeavored in Dutton v. Evans to reconcile the evidentiary rules of hearsay with the constitutional commands of confrontation. Dutton came at the tail end of a string of confrontation cases that the Court had resolved without apparent difficulty. Not surprisingly, the Court approached Dutton in the evident belief that it could resolve the constitutional problems of hearsay once and for all. Instead, after oral argument in 1969 and a rehearing in 1970, the Court found …
Preliminary Hearings In Virginia, G. William Hammer
Preliminary Hearings In Virginia, G. William Hammer
William & Mary Law Review
No abstract provided.
The Rules Of Evidence In Preliminary Hearings In Virginia, Charles E. Friend
The Rules Of Evidence In Preliminary Hearings In Virginia, Charles E. Friend
William & Mary Law Review
No abstract provided.
Scientific Statistical And Methodology And The Doctrine Of "Reasonable Doubt" In Criminal Law; (With Specific Reference To The Breath Analysis For Blood Alcohol) Empirical Fact Or Legal Ficton?, A. Burton Bass, H. Davidson Gesser, K. Stephan Mount
Scientific Statistical And Methodology And The Doctrine Of "Reasonable Doubt" In Criminal Law; (With Specific Reference To The Breath Analysis For Blood Alcohol) Empirical Fact Or Legal Ficton?, A. Burton Bass, H. Davidson Gesser, K. Stephan Mount
Dalhousie Law Journal
Lawyers pride themselves on being men of reason. After all, they postulate, it is the "reasonable man" who is enshrined at the apex of the Anglo-American legal system in the adjudication of civil disputes; it is the legally trained mind that proves so finely honed a tool in the area of problem solving in private practice; the rational decisional process is the hallmark of the judicial mind. Where the life or liberty of an individual is in contention this expert "sense" of reason is brought one step further - the criminal law, with few exceptions, will not countenance a mere …
Arizona V. Washington, 434 U.S. 497 (1978)
Arizona V. Washington, 434 U.S. 497 (1978)
Florida State University Law Review
Criminal Law-MISTRIAL DECLARATION-OVER DEFENDANT'S OBJECTION, PROSECUTION MUST DEMONSTRATE HIGH DEGREE OF MANIFEST NECESSITY OR REPROSECUTION WILL BE BARRED
Clark V. State, 363 So. 2d 333 (Fla. 1978), Shawn Ettingoff
Clark V. State, 363 So. 2d 333 (Fla. 1978), Shawn Ettingoff
Florida State University Law Review
Criminal Law-RIGHT TO REMAIN SILENT-OBJECTION AND MOTION FOR MISTRIAL NOW REQUIRED TO PRESERVE IMPROPER COMMENT ON THE DEFENDANT'S SILENCE FOR APPELLATE REVIEW
State V. Sobel, 363 So.2d 324 (Fla. 1978), Michael T. Webster
State V. Sobel, 363 So.2d 324 (Fla. 1978), Michael T. Webster
Florida State University Law Review
Constitutional Law-DUE PROCESS NOT VIOLATED BY STATE'S DESTRUCTION AND NONDISCLOSURE OF TAPE RECORDING IN CRIMINAL LAW
Substantive And Procedural Aspects Of The Right To Effective Assistance Of Counsel, Irene M. Keeley
Substantive And Procedural Aspects Of The Right To Effective Assistance Of Counsel, Irene M. Keeley
West Virginia Law Review
In an earlier era trial courts perceived their responsibility regarding the quality of legal assistance to be limited to the appointment of reputable counsel. Unless the circumstances were exceptional, judges confronted with a lack of adequate representation for a defendant "papered over" the problem either because they feared a flood of frivolous claims or because they were reluctant to upset the finality of criminal convictions. Even today, when a growing number of courts have formulated a more stringent sixth amendment standard for judging counsel effectiveness, there remains a judicial reluctance to recognize the fundamental nature of the right to effective …
Privacy And The Presentence Report, William P. Mclauchlan
Privacy And The Presentence Report, William P. Mclauchlan
Indiana Law Journal
No abstract provided.
Burdening The Fifth Amendment: Toward A Presumptive Barrier Theory, Mark Berger
Burdening The Fifth Amendment: Toward A Presumptive Barrier Theory, Mark Berger
Faculty Works
Judging how heavily the state may burden the decision to exercise or forego the fifth amendment privilege against self-incrimination is a concededly problematic undertaking. Nevertheless, the formulation of a standard is essential to ensure principled decision making. Unfortunately, however, the Supreme Court has thus far avoided the task. The decisions from the Warren era suggest in very broad language that any burden on the exercise of the right to remain silent is forbidden, while more recent rulings have barred only those penalties automatically imposed for assertions of the privilege. Neither extreme, however, represents a satisfactory resolution of the conflicting interests …
Due Process Limitations On Prosecutorial Discretion In Re-Charging Defendants: Pearce To Blackledge To Bordenkircher, Donald C. Smaltz
Due Process Limitations On Prosecutorial Discretion In Re-Charging Defendants: Pearce To Blackledge To Bordenkircher, Donald C. Smaltz
Washington and Lee Law Review
No abstract provided.
Xii. Habeas Corpus And Prisoners' Rights
Xii. Habeas Corpus And Prisoners' Rights
Washington and Lee Law Review
No abstract provided.
Analysis Of Alternatives To Incarceration For Non-Violent Offenders: A Progressive Approach To Correctional Procedure., Cynthia M. Scaglione
Analysis Of Alternatives To Incarceration For Non-Violent Offenders: A Progressive Approach To Correctional Procedure., Cynthia M. Scaglione
St. Mary's Law Journal
Abstract Forthcoming.
Use Of Peremptory Challenges To Excuse Prospective Jurors Because Of Group Bias Is Violation Of Right To Trial By Jury Guaranteed By California Constitution., Karen Angelini
St. Mary's Law Journal
Abstract Forthcoming.
The Exclusionary Rule In Parole Revocation Hearings : Deterring Official Infringement Of Parolees' Fourth Amendment Rights, Billy Glenn Dupree Jr.
The Exclusionary Rule In Parole Revocation Hearings : Deterring Official Infringement Of Parolees' Fourth Amendment Rights, Billy Glenn Dupree Jr.
BYU Law Review
No abstract provided.
Survey Of Developments In West Virginia Law: 1978
Survey Of Developments In West Virginia Law: 1978
West Virginia Law Review
No abstract provided.