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Full-Text Articles in Law

Speak Of The Missing Witness, And Surely He Shall Appear: The Missing Witness Doctrine And The Constitutional Rights Of Criminal Defendants—State V. Blair, 117 Wash. 2d 479, 816 P.2d 718 (1991), Carl T. Edwards Jul 1992

Speak Of The Missing Witness, And Surely He Shall Appear: The Missing Witness Doctrine And The Constitutional Rights Of Criminal Defendants—State V. Blair, 117 Wash. 2d 479, 816 P.2d 718 (1991), Carl T. Edwards

Washington Law Review

In State v. Blair, the Washington Supreme Court held for the first time that the state may use the missing witness doctrine against criminal defendants. Under the missing witness doctrine, which provides a permissive inference based on a defendant's failure to present available witnesses, prosecutors may now argue that a defendant failed to call certain witnesses because the defendant feared that their testimony would have been incriminating. This Note examines the court's decision in State v. Blair, the formulation of the missing witness doctrine adopted by the court, and the common law origins of the missing witness doctrine. This Note …


Turning Back The Clock On Sexual Abuse Of Children: Amending Virginia's Statute Of Limitations, Paul A. Lombardo Jul 1992

Turning Back The Clock On Sexual Abuse Of Children: Amending Virginia's Statute Of Limitations, Paul A. Lombardo

Faculty Publications By Year

No abstract provided.


Harmelin V. Michigan: The Supreme Court Narrows The Proportionality Principle, Neil S. Whiteman Jun 1992

Harmelin V. Michigan: The Supreme Court Narrows The Proportionality Principle, Neil S. Whiteman

West Virginia Law Review

No abstract provided.


Deliberate Response Falsification On Corresponding Subtests Of Two Tests Of Intelligence: Indicators For Simulating Mental Retardation, Denis William Keyes May 1992

Deliberate Response Falsification On Corresponding Subtests Of Two Tests Of Intelligence: Indicators For Simulating Mental Retardation, Denis William Keyes

Special Education ETDs

Among concerns inherent in psychological testing is the possibility that examinees might perform less than accurately or honestly when responding to test items (Lezak, 1983). In context of some legal proceedings, individuals may stand to gain by performing poorly on physiological tests (Anastasti, 1988). For example, defendants could attempt to falsify their answers to impersonate an individual with mental retardation for the purpose of raising issues of incompetence to stand trial, nonresponsibility, or mitigation. In some states, a finding of mental retardation may mean the difference between a life sentence and execution for a defendant convicted of a capital crime. …


Drug Felony Capital Murder In Virginia, Sharron Lamoreaux Apr 1992

Drug Felony Capital Murder In Virginia, Sharron Lamoreaux

Capital Defense Journal

No abstract provided.


Opposing Peremptory Challenges Under Batson, Marcus E. Garcia, James W. Miller Jr. Apr 1992

Opposing Peremptory Challenges Under Batson, Marcus E. Garcia, James W. Miller Jr.

Capital Defense Journal

No abstract provided.


Mitigation: An Outline Of Law, Method And Strategy, Peter T. Hansen Apr 1992

Mitigation: An Outline Of Law, Method And Strategy, Peter T. Hansen

Capital Defense Journal

No abstract provided.


Tricks Prosecutors Play, Bennett L. Gershman Apr 1992

Tricks Prosecutors Play, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Criminal defense lawyers must recognize and challenge prosecutorial misconduct whenever it occurs. In my opinion, prosecutor's today wield greater power, engage in more egregious misconduct, and are less subject to judicial or bar association oversight than ever before. Few defense lawyers or commentators would disagree with these conclusions. Indeed, some types of prosecutorial misconduct have become almost “normative to the system.”


Constitutional Law—Confrontation Clause—Arkansas Child Hearsay Exception Regarding Sexual Offenses, Abuse, Or Incest Is Unconstitutional. George V. State, 306 Ark. 360, 813 S.W.2d 792 (1991)., Mark D. Wolf Apr 1992

Constitutional Law—Confrontation Clause—Arkansas Child Hearsay Exception Regarding Sexual Offenses, Abuse, Or Incest Is Unconstitutional. George V. State, 306 Ark. 360, 813 S.W.2d 792 (1991)., Mark D. Wolf

University of Arkansas at Little Rock Law Review

No abstract provided.


Constitutional Law—Confrontation Clause—Arkansas Child Hearsay Exception Regarding Sexual Offenses, Abuse, Or Incest Is Unconstitutional. George V. State, 306 Ark. 360, 813 S.W.2d 792 (1991)., Mark D. Wolf Apr 1992

Constitutional Law—Confrontation Clause—Arkansas Child Hearsay Exception Regarding Sexual Offenses, Abuse, Or Incest Is Unconstitutional. George V. State, 306 Ark. 360, 813 S.W.2d 792 (1991)., Mark D. Wolf

University of Arkansas at Little Rock Law Review

No abstract provided.


Criminal Procedure—Harmless Error—Coerced Confession Is No Longer Grounds For Automatic Reversal Of A Trial. Arizona V. Fulminante, 111 S. Ct. 1246 (1991)., Lynn Trulock Ravellette Apr 1992

Criminal Procedure—Harmless Error—Coerced Confession Is No Longer Grounds For Automatic Reversal Of A Trial. Arizona V. Fulminante, 111 S. Ct. 1246 (1991)., Lynn Trulock Ravellette

University of Arkansas at Little Rock Law Review

No abstract provided.


Criminal Procedure—Harmless Error—Coerced Confession Is No Longer Grounds For Automatic Reversal Of A Trial. Arizona V. Fulminante, 111 S. Ct. 1246 (1991)., Lynn Trulock Ravellette Apr 1992

Criminal Procedure—Harmless Error—Coerced Confession Is No Longer Grounds For Automatic Reversal Of A Trial. Arizona V. Fulminante, 111 S. Ct. 1246 (1991)., Lynn Trulock Ravellette

University of Arkansas at Little Rock Law Review

No abstract provided.


Balancing The Need For Enhanced Sentences For Perjury At Trial Under Section 3c1.1 Of The Sentencing Guidelines And The Defendant's Right To Testify, Peter J. Henning Apr 1992

Balancing The Need For Enhanced Sentences For Perjury At Trial Under Section 3c1.1 Of The Sentencing Guidelines And The Defendant's Right To Testify, Peter J. Henning

Law Faculty Research Publications

No abstract provided.


The Road To Repose: Limitations On Avoidance Actions In Chapter 11 Via 11 U.S.C. § 546(A)(2), Paul David Brusiloff Apr 1992

The Road To Repose: Limitations On Avoidance Actions In Chapter 11 Via 11 U.S.C. § 546(A)(2), Paul David Brusiloff

Cardozo Law Review

No abstract provided.


Violence Against Women And Legal Education: An Essay For Mary Joe Frug, Elizabeth M. Schneider Apr 1992

Violence Against Women And Legal Education: An Essay For Mary Joe Frug, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.


Scottsboro Boys In 1991: The Promise Of Adequate Criminal Representation Through The Years, Charles W. Wolfram Apr 1992

Scottsboro Boys In 1991: The Promise Of Adequate Criminal Representation Through The Years, Charles W. Wolfram

Cornell Law Faculty Publications

No abstract provided.


Coordinating Sanctions For Corporate Misconduct: Civil Or Criminal Punishment, David Yellen, Carl J. Mayer Apr 1992

Coordinating Sanctions For Corporate Misconduct: Civil Or Criminal Punishment, David Yellen, Carl J. Mayer

Articles

No abstract provided.


The Congressional Subpeona: Power, Limitations And Witness Protection, Christopher F. Corr, Gregory J. Spak Mar 1992

The Congressional Subpeona: Power, Limitations And Witness Protection, Christopher F. Corr, Gregory J. Spak

Brigham Young University Journal of Public Law

No abstract provided.


Case Comments: Civil And Criminal Procedure And Sentencing Mar 1992

Case Comments: Civil And Criminal Procedure And Sentencing

Washington and Lee Law Review

No abstract provided.


The Impact Of Criminal Justice Administration On The Penal Sanction, Mark Findlay Mar 1992

The Impact Of Criminal Justice Administration On The Penal Sanction, Mark Findlay

Research Collection Yong Pung How School Of Law

One of the central philosophies underlying the Report of the Royal Commission into NSW Prisons is revealed in the widely quoted aphorism, "A person is sent to prison as punishment, not for punishment". The conditions under which prisoners are contained feature crucially in assessing both the perceptions and reality of prison as a punishment. Expectations for the experience of imprisonment vary enormously. These expectations in many particular forms have been used to justify the expansion and diversification of the penal sanction. In their most modest representation, however, it is hoped that "by treating all prisoners humanely in a manner befitting …


Update--Criminal Law & Procedure, Bruce G. Berner, David E. Vandercoy Jan 1992

Update--Criminal Law & Procedure, Bruce G. Berner, David E. Vandercoy

Law Faculty Publications

No abstract provided.


Victim Impact Evidence, Arbitrariness, And The Death Penalty: The Supreme Court Flipflops In Payne V. Tennessee, Aida Alaka Jan 1992

Victim Impact Evidence, Arbitrariness, And The Death Penalty: The Supreme Court Flipflops In Payne V. Tennessee, Aida Alaka

Loyola University Chicago Law Journal

No abstract provided.


Searches And Seizure Jan 1992

Searches And Seizure

Touro Law Review

No abstract provided.


An Analysis Of Plea Bargaining, Gabriela Aceves Jan 1992

An Analysis Of Plea Bargaining, Gabriela Aceves

Theses Digitization Project

No abstract provided.


An Agency Cost Analysis Of The Sentencing Reform Act: Recalling The Virtues Of Delegating Complex Decisions, Kenneth G. Dau-Schmidt Jan 1992

An Agency Cost Analysis Of The Sentencing Reform Act: Recalling The Virtues Of Delegating Complex Decisions, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

For many outside the legal profession, the end of a legal case is the reading of the verdict. However, that is only the beginning for those being judged. One of the most significant and delicate tasks within the sphere of the legal system is that of sentencing those convicted. Because of the extreme personal impact that a judge's sentencing has on each individual, the most effective approach to creating guidelines for sentencing has been a hot topic of debate. Upon the birth of the Sentencing Reform Act of 1984, the system changed from one of standards to one of often …


Civil Forfeiture Of Property For Drug Offenders Under Illinois And Federal Statute: Zero Tolerance, Zero Exceptions, 25 J. Marshall L. Rev. 389 (1992), T. J. Hiles Jan 1992

Civil Forfeiture Of Property For Drug Offenders Under Illinois And Federal Statute: Zero Tolerance, Zero Exceptions, 25 J. Marshall L. Rev. 389 (1992), T. J. Hiles

UIC Law Review

No abstract provided.


Oops - We Forgot To Put It In The Refrigerator: Dna Identification And The State's Duty To Preserve Evidence, 25 J. Marshall L. Rev. 809 (1992), Albert M.T. Finch Iii Jan 1992

Oops - We Forgot To Put It In The Refrigerator: Dna Identification And The State's Duty To Preserve Evidence, 25 J. Marshall L. Rev. 809 (1992), Albert M.T. Finch Iii

UIC Law Review

No abstract provided.


A First Amendment-Sixth Amendment Dilemma: Manuel Noriega Pushes The American Judicial System To The Outer Limits Of The First Amendment, 25 J. Marshall L. Rev. 563 (1992), Lance R. Peterson Jan 1992

A First Amendment-Sixth Amendment Dilemma: Manuel Noriega Pushes The American Judicial System To The Outer Limits Of The First Amendment, 25 J. Marshall L. Rev. 563 (1992), Lance R. Peterson

UIC Law Review

No abstract provided.


How Long Is Too Long? When Pretrial Detention Violates Due Process, Floralynn Einesman Jan 1992

How Long Is Too Long? When Pretrial Detention Violates Due Process, Floralynn Einesman

Faculty Scholarship

No abstract provided.


Review Essay: Feminism, Lawyering, And Death Row, Joan W. Howarth Jan 1992

Review Essay: Feminism, Lawyering, And Death Row, Joan W. Howarth

Scholarly Works

Representing men on death row is confounding, but not without reward. This lawyering work has taught me at least two lessons, the subjects of this essay. First, capital punishment--our attempt to use legal procedures to kill people fairly--is a feminist issue, or should be. Second, death row representation is too big a job for lawyers; we need to recruit poets. To develop these ideas, and perhaps to convince you without requiring you to undertake the same path to these conclusions, I am appropriating novelist Beverly Lowry's stunning new book, Crossed Over: A Murder, A Memoir. Crossed Over is the story …