Law Commons^™

Legal Ethics And The Prosecuting Attorney, John O. Kizer

West Virginia Law Review

No abstract provided.

Survey Of Developments In West Virginia Law: 1976

West Virginia Law Review

No abstract provided.

Streamlining Criminal Procedure In Magistrate Court, Robert Batey, Diana L. Fuller

West Virginia Law Review

No abstract provided.

Privilege Against Self-Incrimination Does Not Bar Seizure Of Personal Papers, Ross Mccloy

Mercer Law Review

In Andresen v. Maryland, the U.S. Supreme Court held that the Fifth Amendment privilege against self-incrimination does not apply to the forcible seizure, with valid search warrants, of an attorney's incriminatory personal business records from his office. Petitioner Andresen, a sole practitioner specializing in real estate settlements, came under the scrutiny of a Bi-County Fraud Unit investigating real estate settlement activities in the Washington, D.C., area. The investigation revealed that Andresen, while acting as settlement attorney, had defrauded the purchaser by knowingly concealing two existing liens on the property. The investigators concluded that there was probable cause to believe …

Iv. Criminal Procedure

Washington and Lee Law Review

No abstract provided.

Vii. Habeas Corpus And Prisoners' Rights

Washington and Lee Law Review

No abstract provided.

Pleading The Statute Of Limitations In Criminal Cases, George R. Nock

BYU Law Review

No abstract provided.

Learned Treatises In Illinois: Are We Witnessing The Birth Of A New Hearsay Exception?, Robert G. Spector

Loyola University Chicago Law Journal

No abstract provided.

The Unsettled Law Of Third Party Consent, 11 J. Marshall J. Prac. & Proc. 115 (1977), Lee Carson

UIC Law Review

No abstract provided.

Stone V. Powell: Scope Of Habeas Corpus Restricted, 10 J. Marshall J. Of Prac. & Proc. 401 (1977), Thomas M. Kilbane Jr.

UIC Law Review

No abstract provided.

Criminal Procedure--Right Of Cross-Examination--Sexual Assault Statute, Priscilla L. Swalm

West Virginia Law Review

No abstract provided.

Survey Of Criminal Procedure — Alternative Dispositions Of Defendants, Charles Shafer

All Faculty Scholarship

The criminal justice system provides various alternatives for the disposition of criminal defendants. Three of these alternatives, pretrial intervention, drug treatment, and probation, were dealt with in recent New Jersey Supreme Court decisions. The court examined the substantive criteria and procedures used in assigning each disposition and focused primarily on the desire to provide rehabilitative opportunities for each defendant. This note will examine those decisions and the implications of the court's concentration on the goal of rehabilitation.

Bane Of American Forfeiture Law—Banished At Last?, James Maxeiner

All Faculty Scholarship

This article refutes the claimed historical bases for criminal law in rem forfeiture.

Towards Principled Sentencing, Norval Morris

Maryland Law Review

No abstract provided.

Wealth, Bail, And The Equal Protection Of The Laws, Richard A. Cohen

Villanova Law Review (1956 - )

No abstract provided.

The Opportunity Test Of Stone V. Powell: Toward A Redefinition Of Federal Habeas Corpus, Charles D. Ossola

Villanova Law Review (1956 - )

No abstract provided.

Search And Seizure In Alaska: A Comprehensive Review, Jeff M. Feldman

Articles

In the eighteen years since Alaska achieved statehood, fifty-two cases involving issues of search and seizure have reached the Alaska Supreme Court. This article will analyze these cases with an eyetowards outlining the law of search and seizure in Alaska, isolating those areas in which the Alaska Supreme Court has departed from prevailing search and seizure doctrine, and using past decisions to predict the probable outcomes to search and seizure issues still unresolved in Alaska.

Beyond The Shut-Eyed Sentry: Toward A Theoretical View Of Corporate Misconduct And An Effective Legal Response, John C. Coffee Jr.

Faculty Scholarship

Like hard cases, festering scandals make bad law. As public perceptions shift so that conduct once tolerated becomes seen as illicit, political pressures develop that can result in hastily improvised responses by the legal system to fill the newly perceived vacuum. This generalization is advanced to question neither the inalienable right of the public to be scandalized, nor the need for corporate reform, but to approach a highly problematic dilemma: hurried, moralistic responses to a perceived evil often prove not only ineffective, but even counterproductive. The serious student of complex organizations may recognize this assertion as a slightly altered variant …

Fred E. Inbau: 'The Importance Of Being Guilty', Yale Kamisar

Articles

As fate would have it, Fred Inbau graduated from law school in 1932, the very year that, "for practical purposes the modern law of constitutional criminal procedure [began], with the decision in the great case of Powell v. Alabama."1 In "the 'stone age' of American criminal procedure,"2 Inbau began his long fight to shape or to retain rules that "make sense in the light of a policeman's task,"3 more aware than most that so long as the rules do so, "we will be in a stronger position to insist that [the officer] obey them."4

Foreword: Brewer V. Williams--A Hard Look At A Discomfiting Record, Yale Kamisar

Articles

In recent decades, few matters have split the Supreme Court, troubled the legal profession, and agitated the public as much as the police interrogation-confession cases. The recent case of Brewer v. Williams3 is as provocative as any, because the Supreme Court there revdrsed the defendant's conviction for the "savage murder of a small child" even though no Justice denied his guilt,4 he was warned of his rights no fewer than five times, 5 and any "interrogation" that might have occurred seemed quite mild.6

Mondale On Mapp, Yale Kamisar

Articles

Any judicial reversal of the Mapp rule threatens to have just the opposite effect. Law enforcement officials are likely to treat a decision that illegally obtained evidence may be admitted into state criminal trials as though that were a practical suspension of the constitutional rules as to lawful arrest, search, and seizure. They are likely to feel that once again "the judiciary is okaying it." With the smell of revelations of FBI "black-bag jobs" and intelligence agency abuses still in the air, is this how we want the Court to contribute to the atmosphere of police practices as we enter …

Evidence -Doyle V. Ohio: Use Of Defendant's Silence For Impeachment At Trial, Bruce M. Lane

Loyola University Chicago Law Journal

No abstract provided.

Criminal Prosecution Of United States Multinational Corporations, Donald H.J. Hermann

Loyola University Chicago Law Journal

No abstract provided.

Conspiracy And Federal Jurisdiction: From Crimmins To Feola, Mark Berger

Faculty Works

No abstract provided.

Voir Dire Of Jurors: Constitutional Limits To The Right Of Inquiry Into Prejudice, Jeffrey M. Gaba

Faculty Journal Articles and Book Chapters

Although the voir dire of jurors is one of the most significant mechanisms by which an impartial jury is secured, as a practical matter the right to examine prospective jurors is not unlimited. Vested with great discretion, a trial judge may at some point constitutionally preclude inquiry into possible prejudice, but determining that point has not proved to be easy. In 1976, the Supreme Court in Ristaino v. Ross directly considered the constitutional limits to voir dire and provided a test which could serve as a guide to trial court administration of the process. The Court suggested that questioning about …

Sentencing Alternatives For Virginia General District Courts, Jose R. Davila Jr., Robert L. Mordhorst

University of Richmond Law Review

The endless parade of humanity that passes before the benches of Virginia's general district courts accused of minor offenses presents to those charged with deciding these cases one of the most challenging judicial tasks of our day. The challenge in addition to deciding guilt or innocence is also determining what to do with those judged guilty. Those decisions influence to one degree or another the direction of peoples lives for their own and society's good or ill. Most of the offenders appearing before these courts are young people, often first offenders. The behavior patterns of their lives are not yet …

The Criminal Justice Standards And Goals Process In Virginia, Ronald J. Bacigal

University of Richmond Law Review

Throughout its history, the criminal law has developed primarily through judicial interpretation of case law and legislative enactment of statutes. It is only in the recent past that an effort has been made to apply the planning process of standards and goals to the criminal justice system. At the national level, the impetus has come primarily from the American Bar Association (ABA) Project on Standards for Criminal Justice, which has been in existence for over ten years and has been widely publicized, and from the National Advisory Commission (NAC) on Criminal Justice Standards and Goals. In 1971, the NAC stated …

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

Scholarly Articles in Law Reviews & Journals

This two-part article reports on the findings of the "prescriptive" phase of the American University Law School's Project on Public Inebriation.' First, we provide a framework or model designed to contribute to efforts to improve the rationality of police discretion and the quality of discretionary justice. Second, we seek to increase understanding of, and provide the basis for improving, the intake process whereby public inebriates are delivered to designated facilities-jails, detoxification centers, etc.-in criminal and decriminalized jurisdictions. While the article focuses on the discretionary power of police officers to remove street inebriates, it should increase awareness of problems of decriminalizing …

Improving Police Discretion: Rationality In Handling Public Inebriates, David Aaronson

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Attempt To Improve Criminal Defense Representation, Peter W. Tague

Georgetown Law Faculty Publications and Other Works

Improvement of criminal defense representation is one of the most critical problems that faces the criminal justice system. The problem is extensive; some attorneys are frequently ineffective and probably all attorneys are occasionally inadequate because of error, overwork, personal problems or ethical conflicts.

The defendant's only remedy against his attorney's ineffectiveness is through direct appeal or collateral post-conviction attack. This article discusses the reasons why courts cannot improve defense representation through these avenues of review. Deep disagreement among judges about the purpose of post-conviction review has crippled any attempt at improvement. The key unresolved question is whether the standard for …