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Articles 10621 - 10650 of 12097

Full-Text Articles in Law

Preventive Detention And Equal Protection Of The Law In Texas., Mark Stevens Mar 1978

Preventive Detention And Equal Protection Of The Law In Texas., Mark Stevens

St. Mary's Law Journal

Abstract Forthcoming.

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Procedural Due Process And The Rules Of Evidence—Federal Impeachment Of The Voucher Rules—Welcome V. Vincent, 549 F.2d 853 (2d Cir.), Cert. Denied, 97 S. Ct. 2960 (1977), Bruce D. Garrison Feb 1978

Procedural Due Process And The Rules Of Evidence—Federal Impeachment Of The Voucher Rules—Welcome V. Vincent, 549 F.2d 853 (2d Cir.), Cert. Denied, 97 S. Ct. 2960 (1977), Bruce D. Garrison

Washington Law Review

Appellant, Ernest Welcome, was convicted in a New York state supreme court on charges of murdering two real estate brokers in their Bronx office. Before indicting Welcome, the State tried another party, Albert Cunningham, for the same offenses. Cunningham had admitted his participation in the crimes to police, giving an accurate account of the date, time, and location of the shootings. After a separate evidentiary hearing, the state court held that his confession to police had been voluntary and thus was admissible against him. Nevertheless, the charges against Cunningham were dropped in mid-trial. At his trial, Welcome called Cunningham as …

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Presuming Lawyers Competent To Protect Fundamental Rights: Is It An Affordable Fiction?, Robert G. Lawson Jan 1978

Presuming Lawyers Competent To Protect Fundamental Rights: Is It An Affordable Fiction?, Robert G. Lawson

Law Faculty Scholarly Articles

This article explores the ramifications of Wainwright v. Sykes, a case decided before the Supreme Court of the United States in 1977. The broad question before the Court in Sykes concerned the extent to which state prisoners should have access to federal court by use of the writ of habeas corpus. The narrow issue before the Court concerned the impact on a prisoner's claim for habeas relief of procedural defaults (such as a failure to object to evidence, a failure to perfect an appeal, etc.) that occur in the state proceeding under attack. In considering these important issues Justice …

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Theory And Reform Of Criminal Law, Jerome Hall Jan 1978

Theory And Reform Of Criminal Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

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Why Do We Punish?: The Case For Retributive Justice, Joseph Weiler Jan 1978

Why Do We Punish?: The Case For Retributive Justice, Joseph Weiler

All Faculty Publications

The never-ending debate about the substantive and procedural rules in our criminal justice system rarely addresses itself to the most fundamental question- why do we punish at all? The answer to this threshold question has traditionally taken one of two lines, retributionist or utilitarian. On the one hand, there is the view that punishment of the morally derelict is its own justification for it is right for the wicked to be punished. This imperative flows from a view of the very nature of man as a responsible moral agent to whom rewards or punishment should be assessed according to the …

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Pennslyvania V. Mimms: Continued Erosion Of Fourth Amendment Safeguards, 12 J. Marshall J. Prac. & Proc. 207 (1978), Christine Campbell Jan 1978

Pennslyvania V. Mimms: Continued Erosion Of Fourth Amendment Safeguards, 12 J. Marshall J. Prac. & Proc. 207 (1978), Christine Campbell

UIC Law Review

No abstract provided.

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Collateral Attacks On Convictions: A Survey Of Federal Remedies, 12 J. Marshall J. Prac. & Proc. 27 (1978), Martha A. Mills, Sue A. Herrmann Jan 1978

Collateral Attacks On Convictions: A Survey Of Federal Remedies, 12 J. Marshall J. Prac. & Proc. 27 (1978), Martha A. Mills, Sue A. Herrmann

UIC Law Review

No abstract provided.

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Constitutional Law - Corrections - Prisoners' Constitutional Right Of Access To Courts Imposes Duty On State To Provide Prison Law Libraries, Amanda M. Shaw Jan 1978

Constitutional Law - Corrections - Prisoners' Constitutional Right Of Access To Courts Imposes Duty On State To Provide Prison Law Libraries, Amanda M. Shaw

Villanova Law Review (1956 - )

No abstract provided.

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An Examination Of The Naming Requirement Of Tittle Iii In Light Of United States V. Donovan - A Case For Suppression, William D. Goldberg Jan 1978

An Examination Of The Naming Requirement Of Tittle Iii In Light Of United States V. Donovan - A Case For Suppression, William D. Goldberg

Villanova Law Review (1956 - )

No abstract provided.

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Criminal Procedure - Due Process Is Not Violated When Prosecutor Carries Out Threat To Bring Increased Charges After Defendant Refuses To Plead Guilty During Plea Bargaining Session, Catherine N. Jasons Jan 1978

Criminal Procedure - Due Process Is Not Violated When Prosecutor Carries Out Threat To Bring Increased Charges After Defendant Refuses To Plead Guilty During Plea Bargaining Session, Catherine N. Jasons

Villanova Law Review (1956 - )

No abstract provided.

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A Trial Court Working With Rule 1100, Merna B. Marshall, Joseph H. Reiter Jan 1978

A Trial Court Working With Rule 1100, Merna B. Marshall, Joseph H. Reiter

Villanova Law Review (1956 - )

No abstract provided.

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Pretrial Discovery And Inspection - New Criminal Rules For Pennsylvania, Madeline Hartsell Lamb Jan 1978

Pretrial Discovery And Inspection - New Criminal Rules For Pennsylvania, Madeline Hartsell Lamb

Villanova Law Review (1956 - )

No abstract provided.

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Criminal Procedure - Statements Made During A Prearraignment Delay That Exceeds Six Hours Ruled Inadmissible In Pennsylvania, Carol J. Young Jan 1978

Criminal Procedure - Statements Made During A Prearraignment Delay That Exceeds Six Hours Ruled Inadmissible In Pennsylvania, Carol J. Young

Villanova Law Review (1956 - )

No abstract provided.

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The Repressed Issues Of Sentencing: Accountability, Predictability, And Equality In The Era Of The Sentencing Commission, John C. Coffee Jr. Jan 1978

The Repressed Issues Of Sentencing: Accountability, Predictability, And Equality In The Era Of The Sentencing Commission, John C. Coffee Jr.

Faculty Scholarship

The existence of disparities in the sentences imposed on equally culpable offenders has long been a subject of jurisprudential concern. The author provides a critique of recent efforts to objectify the sentencing process that rely on a matrix table prescribing guideline sentence lengths on the basis of offense severity and predictions of recidivism. With particular emphasis on the Sentencing Commission authorized by pending federal legislation, he urges the need for political accountability in the body that inevitably makes value judgments in the preparation and administration of such a guideline system. Finally, the author discusses the normative issues that surround the …

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Guiding Capital Sentencing Discretion Beyond The "Boiler Plate": Mental Disorder As A Mitigating Factor, James S. Liebman, Michael J. Shepard Jan 1978

Guiding Capital Sentencing Discretion Beyond The "Boiler Plate": Mental Disorder As A Mitigating Factor, James S. Liebman, Michael J. Shepard

Faculty Scholarship

In five decisions handed down on July 2, 1976, the United States Supreme Court held that the death penalty may be imposed for the crime of murder, so long as there are clear standards to guide the sentencing authority and the sanction is not imposed mandatorily. The authors examine the eighth amendment doctrinal framework used by the Court in the July 2 Cases, with particular reference to the requirement that individualized mitigating information be considered in the sentencing decision. Illustrating that requirement, they contend that mental disorder should be considered as a possibly mitigating factor and then suggest a standard …

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Criminal Procedure--Recent Developments In West Virginia--Boyd, Mcaboy, And Cannellas, Joseph M. Price Jan 1978

Criminal Procedure--Recent Developments In West Virginia--Boyd, Mcaboy, And Cannellas, Joseph M. Price

West Virginia Law Review

No abstract provided.

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Telephonic Search Warrants: A New Equation For Exigent Circumstances, Edward F. Marek Jan 1978

Telephonic Search Warrants: A New Equation For Exigent Circumstances, Edward F. Marek

Cleveland State Law Review

The availability of a telephonic or radio-obtained search warrant has changed the equation used by the courts in determining the exigency of a given situation which is claimed to justify a warrantless search. This Article will examine the change in the exigent circumstances equation. It will also focus on the impact of Rule 41(c)(2) on judicial remedies for warrantless searches. These remedies include suppression on traditional Fourth Amendment grounds, as well as the use of a federal court's supervisory power over the administration of criminal justice.

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The Prediction Of Court Appearance: A Study Of Bail In Cleveland, Peter Tyler Enslein Jan 1978

The Prediction Of Court Appearance: A Study Of Bail In Cleveland, Peter Tyler Enslein

Cleveland State Law Review

Bail is an ancient device designed to allow persons charged with criminal offenses to be released from jail pending their trial, while assuring the defendant's later appearance in court. Every decision to release a criminal defendant prior to trial involves an evaluation of numerous factors that might affect the likelihood of his later court appearance. This note presents the results of a study of bail in Cleveland, Ohio (the "Cleveland Study"), designed to aid in that evaluation by developing an objective method of predicting the later court appearance of felony defendants.

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The Prediction Of Court Appearance: A Study Of Bail In Cleveland, Peter Tyler Enslein Jan 1978

The Prediction Of Court Appearance: A Study Of Bail In Cleveland, Peter Tyler Enslein

Cleveland State Law Review

Bail is an ancient device designed to allow persons charged with criminal offenses to be released from jail pending their trial, while assuring the defendant's later appearance in court. Every decision to release a criminal defendant prior to trial involves an evaluation of numerous factors that might affect the likelihood of his later court appearance. This note presents the results of a study of bail in Cleveland, Ohio (the "Cleveland Study"), designed to aid in that evaluation by developing an objective method of predicting the later court appearance of felony defendants.

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Bordenkircher V. Hayes: Ignoring Prosecutorial Abuses In Plea Bargaining, Stephen F. Ross Jan 1978

Bordenkircher V. Hayes: Ignoring Prosecutorial Abuses In Plea Bargaining, Stephen F. Ross

Faculty Scholarship

In Bordenkircher v. Hayes, the United States Supreme Court upheld a conviction on a charge the prosecutor admittedly filed solely because the defendant refused to plead guilty to another set of charges. Hayes is a sudden departure from a line of cases in which the Court refused to allow prosecutorial charging decisions to be made to discourage a criminal defendant from exercising constitutional or procedural rights. The decision effectively removes plea bargaining from its constitutional premise: the "mutuality of advantage" between the prosecutor and the defendant. Rather than approving the broad exercise of prosecutorial discretion in plea negotiations, the …

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Brewer V. Williams, Massiah And Miranda: What Is 'Interrogation'? When Does It Matter?, Yale Kamisar Jan 1978

Brewer V. Williams, Massiah And Miranda: What Is 'Interrogation'? When Does It Matter?, Yale Kamisar

Articles

On Christmas Eve, 1968, a ten-year-old girl, Pamela Powers, disappeared while with her family in Des Moines, Iowa.2 Defendant Williams, an escapee from a mental institution and a deeply religious person, 3 was suspected of murdering her, and a warrant was issued for his arrest.4 Williams telephoned a Des Moines lawyer, McKnight, and on his advice surrendered himself to the Davenport, Iowa, police.5 Captain Learning and another Des Moines police officer arranged to drive the 160 miles to Davenport, pick up Williams, and return him directly to Des Moines. 6 Both the trial court 7 and the federal district court8 …

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Is The Exclusionary Rule An 'Illogical' Or 'Unnatural' Interpretation Of The Fourth Amendment?, Yale Kamisar Jan 1978

Is The Exclusionary Rule An 'Illogical' Or 'Unnatural' Interpretation Of The Fourth Amendment?, Yale Kamisar

Articles

More than 50 years have passed since the Supreme Court decided the Weeks case, barring the use in federal prosecutions of evidence obtained in violation of the Fourth Amendment, and the Silverthorne case, invoking what has come to be known as the "fruit of the poisonous tree" doctrine. The justices who decided those cases would, I think, be quite surprised to learn that some day the value of the exclusionary rule would be measured by-and the very life of the rule might depend on-an empirical evaluation of its efficacy in deterring police misconduct. These justices were engaged in a less …

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Some Impressions And Reflections On Observing Legal Proceedings In The People's Republic Of China, Christina B. Whitman, Sallyanne Payton Jan 1978

Some Impressions And Reflections On Observing Legal Proceedings In The People's Republic Of China, Christina B. Whitman, Sallyanne Payton

Articles

Very few foreign visitors have been allowed an opportunity to observe legal proceedings in the People's Republic of China. We were included in the first American group ever favored with a professional exchange legal tour. During the month of May 1977, we spent three weeks in China with a group of Black American judges and lawyers, headed by the Hon. George C. Crockett, Jr., Judge of the Recorder's Court of Detroit. Since we ourselves would be skeptical of the claim of a visitor to the United States who purported to have "studied" the American legal process during the course of …

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The Unprivileged Status Of The Fifth Amendment Privilege, Mark Berger Jan 1978

The Unprivileged Status Of The Fifth Amendment Privilege, Mark Berger

Faculty Works

No abstract provided.

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Prison Inmate Marriages: A Survey And A Proposal, Jackson M. Bruce, John M. Claytor, Herman C. Daniel Iii Jan 1978

Prison Inmate Marriages: A Survey And A Proposal, Jackson M. Bruce, John M. Claytor, Herman C. Daniel Iii

University of Richmond Law Review

This comment explores one facet of the issue of inmate civil rights: the right to marry. An analysis will be made of the current situation nationwide with particular emphasis on Virginia, including proposed guidelines for Virginia's Department of Corrections that reflect the current national trend with regard to inmate marriages.

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Jurors' Impeachment Of Verdicts And Indictments In Federal Court Under Rule 606(B), Christopher B. Mueller Jan 1978

Jurors' Impeachment Of Verdicts And Indictments In Federal Court Under Rule 606(B), Christopher B. Mueller

Publications

No abstract provided.

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Postconviction Habeas Corpus Relief In Georgia: A Decade After The Habeas Corpus Act, Donald E. Wilkes Jr. Jan 1978

Postconviction Habeas Corpus Relief In Georgia: A Decade After The Habeas Corpus Act, Donald E. Wilkes Jr.

Scholarly Works

Part II of this Article will highlight the grounds for relief from a conviction or sentence that were available to a Georgia prisoner prior to 1967 and the procedural obstacles to relief that existed. Part III will explore the grounds for relief currently available, and Part IV will examine the procedural obstacles to postconviction relief that remain. Part V will briefly summarize the availability of postconfiction relief in federal court to determine whether the 1967 Act has in fact eliminated the friction between the state courts and the federal courts.

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Miranda V. Arizona: The Emerging Pattern, Evelyn G. Skaltsounis Jan 1978

Miranda V. Arizona: The Emerging Pattern, Evelyn G. Skaltsounis

University of Richmond Law Review

In Miranda v. Arizona, the United States Supreme Court set forth a series of specific guidelines to determine the admissibility at trial of statements elicited during police interrogation of a criminal suspect. Since 1971, the Burger Court has whittled away at the mandates of Miranda. It is possible that one major factor underlies this erosion process: the very frustrating reality that, in many situations, an obviously guilty party is allowed to go free because "the constable has blundered."

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Improving Police Discretion: Rationality In Handling Public Inebriates Part Ii, David Aaronson, C. Dienes, Michael Musheno Jan 1978

Improving Police Discretion: Rationality In Handling Public Inebriates Part Ii, David Aaronson, C. Dienes, Michael Musheno

Scholarly Articles in Law Reviews & Journals

In 1913 Eugene Ehrlich spoke of the living law when he stated that "[a]t the present as well as at any other time, the center of gravity of legal development lies not in legislation, nor in juristic science, nor in judicial decision, but in society itself.' This article is premised on the belief that Ehrlich's perception is as valid today as it was then. If you want to know the law relating to public intoxication you cannot be content with the statutes and ordinances, in the court decisions nor even the administrative rules and regulations of those charged with enforcing …

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Improving Police Discretion Rationality In Handling Public Inebriates Part Ii, David Aaronson Jan 1978

Improving Police Discretion Rationality In Handling Public Inebriates Part Ii, David Aaronson

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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