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Articles 10771 - 10800 of 12092
Full-Text Articles in Law
Scientific Evidence In Criminal Cases; Scientific And Expert Evidence In Criminal Advocacy, Ronald J. Allen
Scientific Evidence In Criminal Cases; Scientific And Expert Evidence In Criminal Advocacy, Ronald J. Allen
Buffalo Law Review
No abstract provided.
Discretionary Power To Grant Additional Peremptory Challenges In Highly Publicized Criminal Trials: Securing A Fair And Impartial Trial, Joseph A. Matteliano
Discretionary Power To Grant Additional Peremptory Challenges In Highly Publicized Criminal Trials: Securing A Fair And Impartial Trial, Joseph A. Matteliano
Buffalo Law Review
No abstract provided.
System Impact In Gerstein V. Pugh, William A. Mckinstry
System Impact In Gerstein V. Pugh, William A. Mckinstry
Loyola University Chicago Law Journal
No abstract provided.
Reducing Sentencing Disparity: Structured Discretion And The Sentencing Judge, Mark Berger
Reducing Sentencing Disparity: Structured Discretion And The Sentencing Judge, Mark Berger
Faculty Works
No abstract provided.
Revocation Of Conditional Liberty For The Commission Of A Crime: Double Jeopardy And Self-Incrimination Limitations, Michigan Law Review
Revocation Of Conditional Liberty For The Commission Of A Crime: Double Jeopardy And Self-Incrimination Limitations, Michigan Law Review
Michigan Law Review
Persons on deferred sentence, probation, or parole who arguably violate the criminal law may face two proceedings: a hearing to revoke their conditional liberty and a criminal trial. The possibility of two proceedings raises at least two major constitutional questions. First, are the defendant's rights under the double jeopardy or due process clauses violated if the state holds two inquiries into the alleged criminal act? Second, is the defendant's privilege against self-incrimination abridged if the revocation hearing is held before the criminal trial?
Has The Burger Court Dealt A Death Blow To The Presumption Of Malice In Virginia?
Has The Burger Court Dealt A Death Blow To The Presumption Of Malice In Virginia?
University of Richmond Law Review
While presumptions and burdens of proof have generally eluded effective analysis, the presumption of malice has almost defied it. Notwithstanding a common law origin and the significance that instructions of the presumption of malice have played in many murder trials in Virginia, the presumption has constantly been under attack. This comment will explore the meaning of the presumption of malice and determine whether Virginia's approach violates the due process clause of the fourteenth amendment in light of the recent Supreme Court decision of Mullaney v. Wilbur.
Evidence: Prior Crimes And Prior Bad Acts Evidence, Paul W. Grimm
Evidence: Prior Crimes And Prior Bad Acts Evidence, Paul W. Grimm
Faculty Scholarship
No abstract provided.
Some Practical And Ethical Problems Of Prosecuting Public Officials, George T. Frampton Jr.
Some Practical And Ethical Problems Of Prosecuting Public Officials, George T. Frampton Jr.
Maryland Law Review
No abstract provided.
The New Federalism In Criminal Procedure Revisited, Donald E. Wilkes Jr.
The New Federalism In Criminal Procedure Revisited, Donald E. Wilkes Jr.
Scholarly Works
As a result of the Burger Court's seemingly inexorable relaxation of federal protection for criminal defendants, a number of state courts have continued to expand basic rights on state law grounds, thereby utilizing the adequate state ground doctrine to avoid further review by the Burger Court. Part II of this article will examine the evasion cases decided since March 1975. The prospects for continued evasion will be accessed in Part III.
Comment On Justification And Excuse, Jerome Hall
Comment On Justification And Excuse, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Criminal Law And Procedure, David Rossman
Criminal Law And Procedure, David Rossman
Faculty Scholarship
The Constitutionality of the Trial de Novo System. The legal challenge to the constitutionality of the Massachusetts trial de novo system was settled by the Supreme Court of the United States during the Survey year in Ludwig v. Massachusetts. The Court upheld the Commonwealth's practice of trial de novo finding that the system does not constitute an impermissible burden upon a defendant's right to a trial by jury and that the requirement that a defendant undergo two trials in order to obtain a jury trial is not a violation of the right against double jeopardy.
The New Federalism In Criminal Procedure Revisited, Donald E. Wilkes Jr.
The New Federalism In Criminal Procedure Revisited, Donald E. Wilkes Jr.
Kentucky Law Journal
No abstract provided.
The Conundrum Of Criminal Discovery: Constitutional Arguments, Aba Standards, Federal Rules, And Kentucky Law, Rebecca Westerfield
The Conundrum Of Criminal Discovery: Constitutional Arguments, Aba Standards, Federal Rules, And Kentucky Law, Rebecca Westerfield
Kentucky Law Journal
No abstract provided.
Kentucky Law Survey: Criminal Procedure, Albert T. Quick
Kentucky Law Survey: Criminal Procedure, Albert T. Quick
Kentucky Law Journal
No abstract provided.
Criminal Procedure--Due Process--Right To Counsel At Pretrial Identifications, Diana L. Fuller
Criminal Procedure--Due Process--Right To Counsel At Pretrial Identifications, Diana L. Fuller
West Virginia Law Review
No abstract provided.
Criminal Law, Denny C. Galis
Finality And Habeas Corpus: Is The Rule That Res Judicata May Not Apply To Habeas Corpus Or Motion To Vacate Still Viable, Marilyn L. Kelley
Finality And Habeas Corpus: Is The Rule That Res Judicata May Not Apply To Habeas Corpus Or Motion To Vacate Still Viable, Marilyn L. Kelley
West Virginia Law Review
No abstract provided.
Compulsory Process Ii, Peter Westen
Compulsory Process Ii, Peter Westen
Michigan Law Review
This Article examines the validity of the conventional wisdom. It draws support for its analysis from the constitutional principles of compulsory process, and, in their absence, from related doctrine in the areas of a defendant's right to confront witnesses against him and his right to a fair trial. Part I of the article defines the constitutional standard that governs the simple case of a nonindigent defendant who makes a timely application to produce a witness from within the territory of the jurisdiction. Parts II through IV, in turn, examine that standard in the light of complicating factors such as the …
United States V. Anderson - The Plea Bargain As An Agreement To Become And To Remain Convicted
United States V. Anderson - The Plea Bargain As An Agreement To Become And To Remain Convicted
William & Mary Law Review
No abstract provided.
The Street Perspective: A Conversation With The Police, Patrick L. Baude
The Street Perspective: A Conversation With The Police, Patrick L. Baude
IUSTITIA
Professor Baude's purpose in this discussion is to elicit police officers' comments on what members of the legal profession ought to know about the influence of the "street perspective" in shaping those officers' attitudes towards the criminal justice system and the role they play in it. It is police insistence on the broad validity of insights which only "the street" can provide that accounts for the considerable gulf between "front-line" enforcement officers and other functionaries in (and students of) that system. Law students (and no doubt lawyers) seem uncomfortable with the notion that our system cannot adequately be understood without …
United States V. Maccollom, Lewis F. Powell Jr.
United States V. Maccollom, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
United States V. Mandujano, Lewis F. Powell Jr.
United States V. Mandujano, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Jurek V. Texas, Lewis F. Powell Jr.
Roberts V. Louisiana, Lewis F. Powell Jr.
Roberts V. Louisiana, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Proffitt V. Florida, Lewis F. Powell Jr.
Proffitt V. Florida, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Stone V. Powell, Lewis F. Powell Jr.
Woodson V. North Carolina, Lewis F. Powell Jr.
Woodson V. North Carolina, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Gregg V, Georgia, Lewis F. Powell Jr.
Tsc Industries Inc. V. Northway, Inc., Lewis F. Powell Jr.
Tsc Industries Inc. V. Northway, Inc., Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Gerstein V. Pugh, 420 U.S. 103 (1975); In Re Florida Rules Of Criminal Procedure, 309 So. 2d 544 (Fla. 1975), R. Wayne Miller
Gerstein V. Pugh, 420 U.S. 103 (1975); In Re Florida Rules Of Criminal Procedure, 309 So. 2d 544 (Fla. 1975), R. Wayne Miller
Florida State University Law Review
Criminal Procedure- PRELIMINARY HEARINGS- NONADVERSARY JUDICIAL DETERMINATION OF PROBABLE CAUSE TO DETAIN IS PREREQUISITE TO EXTENDED RESTRAINT OF LIBERTY FOLLOWING ARREST.