Law Commons^™

Sandra Day O’Connor, Abortion, And Compromise For The Court, Susan M. Halatyn

Touro Law Review

No abstract provided.

The Child Porn Myth, Lawrence A. Stanley

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Reasonable Doubt Rule And The Meaning Of Innocence, Scott E. Sundby

Articles

No abstract provided.

When Racists And Radicals Meet, Ronald J. Bacigal, Margaret Ivey Bacigal

Law Faculty Publications

In order to stimulate scholarly discussion, this Essay presents an empirical account of the Greensboro incident from the perspective of those who participated in the episode and in the resulting civil rights trial. The Essay traces the circumstances leading to the violence and reviews the resultant litigation with special attention given to the role of the trial judge in politically volatile cases. The candid reflections offered by the trial judge and other participants allow the reader to examine both the event and the litigation, not merely in the abstract, but as implemented by flesh-andblood lawyers, litigants, and judges. .

Grand Jury Reform: A Proposal For Change In Virginia, Charles E. Wall

University of Richmond Law Review

Once a cornerstone of American jurisprudence, the requirement of prosecution based upon grand jury indictment no longer stands unchallenged. Instead, alternate means of commencing prosecution, most notably by information and the preliminary hearing, have prompted lawmakers to look at the grand jury with a heightened scrutiny. Subsequently, such alternatives have become the primary prosecutorial tools in many states. Virginia, however, retains the grand jury system which was implemented in colonial times.

Symposium: Equality Versus Discretion In Sentencing, Ilene H. Nagel, Stephen Breyer, Terence Mccarthy

Articles by Maurer Faculty

No abstract provided.

Negotiated Pleas Under The Federal Sentencing Guidelines: The First Fifteen Months, Ilene H. Nagel, Stephen J. Schulhofer

Articles by Maurer Faculty

No abstract provided.

Enforcing The Rules Of Criminal Procedure: An American Perspective, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.

On The Perils Of Line-Drawing: Juveniles And The Death Penalty, Joseph L. Hoffmann

Articles by Maurer Faculty

No abstract provided.

The Crime Victim’S "Right" To A Criminal Prosecution: A Proposed Model Statute For The Governance Of Private Criminal Prosecution, Peter L. Davis

Scholarly Works

The thesis of this article is that the public prosecutor should to have a monopoly on criminal prosecutions; some supplementary system of private criminal prosecution should be available. Two such systems, or models, currently exist in New York. The first model, available statewide, theoretically allows a complainant to initiate a non-felony criminal prosecution without any screening by a prosecutor or judge. This system is unwise, unworkable and illusory because it obscures the exercise of judicial discretion and focuses the court’s attention on the wrong issues, usually precluding the crime victim’s complaint. The second model, limited by statute to New York …

Arizona V. Youngblood: Does The Criminal Defendant Lose His Right To Due Process When The State Loses Exculpatory Evidence?, Willis C. Moore

Touro Law Review

No abstract provided.

The Fifth Amendment: If An Aid To The Guilty Defendant, An Impediment To The Innocent One, Peter W. Tague

Georgetown Law Faculty Publications and Other Works

The fifth amendment's privilege not to answer, critics carp, insulates the guilty defendant from revealing his complicity. While this is true, ironically it also can shackle the innocent defendant from attempting to prove that another person committed the crime. If that other person asserts the fifth amendment in response to questions designed to substitute him for the defendant, the innocent defendant can neither surmount that person's assertion nor benefit therefrom.

Consider this set of facts. A murder is committed. Defendant, charged with the crime, has evidence that Witness killed the victim. The prosecution believes only one person committed the crime. …

Needed: A Rewrite, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

Proposed far-reaching changes in the Federal Rules of Evidence are of major practical significance to every lawyer involved in the criminal justice process. The proposed changes are contained in a recent report by the American Bar Association Criminal Justice Section's Rules of Criminal Procedure and Evidence Committee. The report was selected for publication in Federal Rules Decisions, 120 F.R.D. 299 (1988), because of its interest to federal practitioners and judges. More than 40 judges, lawyers, and scholars were involved in the four-year study, and experts on each particular rule acted as "reporters" to the committee on those areas.

The report …

Police Trespass And The Fourth Amendment: A Wall In Need Of Mending, Clifford S. Fishman

Scholarly Articles

Part I of this article provides an overview of basic Fourth Amendment principles. Part II analyzes the Oliver and Ciraolo cases which define and distinguish residential "curtilage," protected by the Fourth Amendment, and "open fields," which the Fourth Amendment does not protect. Part III reviews the Dow decision's discussion of whether an industrial facility, like a residence, might have constitutionally protected curtilage. Part IV focuses on the Dunn decision, which dramatizes the curtilage-open field dichotomy while at the same time blurring the line between the two. Finally, part V shows how these decisions may have invalidated the "commercial curtilage" concept …

Commentary, The Selling Of Jury Deliberations, Robert F. Nagel

Publications

No abstract provided.

Alcoholism, Intoxication, And The Criminal Law, Steven S. Nemerson

Cardozo Law Review

No abstract provided.

Theories Of Truth Finding In Criminal Procedure: An Evolutionary Approach, John D. Jackson

Cardozo Law Review

No abstract provided.

A Barrel Without Hoops: The Impact Of Counterterrorism On Israel's Legal Culture, Pnina Lahav

Cardozo Law Review

No abstract provided.

Employee Theft And Erisa: A Proposed Amendment To Garnish Pension Benefits, Bonnie H. Rattner

Cardozo Law Review

No abstract provided.

Excepting Civil Rico Claims From Rule 9(B), Chavie N. Kahn

Cardozo Law Review

No abstract provided.

Discovery Depositions In Florida Criminal Proceedings: Should They Survive?, John F. Yetter

Florida State University Law Review

Pursuant to a Concurrent Resolution of the 1988 Florida Legislature, the Supreme Court of Florida created a commission which is presently studying the use of depositions by the defense in criminal prosecutions. In this Article, Dean Yetter, a member of the commission, traces the history of criminal defense depositions in Florida, explores the arguments which shaped last session's legislative debate, and identifies available options for reform.

Dna Identification Tests And The Courts, Laurel Beeler, William R. Wiebe

Washington Law Review

This Comment assesses the current state of forensic DNA tests and analyzes whether courts should admit the results of these tests as evidence. Section I provides a background discussion of how DNA tests work. This knowledge is essential for attorneys and courts seeking to evaluate expert testimony and analyze important issues concerning the reliability and admissibility of DNA test results. Section I also proposes safeguards and standards to facilitate the judicial acceptance of forensic DNA tests. Section II discusses judicial approaches to the admissibility of novel scientific techniques such as DNA tests, and concludes that courts should admit the results …

Dna Identification Tests And The Courts, Laurel Beeler, William R. Wiebe

Washington Law Review

This Comment assesses the current state of forensic DNA tests and analyzes whether courts should admit the results of these tests as evidence. Section I provides a background discussion of how DNA tests work. This knowledge is essential for attorneys and courts seeking to evaluate expert testimony and analyze important issues concerning the reliability and admissibility of DNA test results. Section I also proposes safeguards and standards to facilitate the judicial acceptance of forensic DNA tests. Section II discusses judicial approaches to the admissibility of novel scientific techniques such as DNA tests, and concludes that courts should admit the results …

Miranda Decision Revisited: Did It Give Criminals Too Many Rights?, Paul Marcus, Stephen J. Markman

Faculty Publications

No abstract provided.

Law And Consciousness, Charles A. Reich

Cardozo Law Review

No abstract provided.

The Concurrent Sentence Doctrine Dies A Quiet Death -- Or Are The Reports Greatly Exaggerated?, Anne S. Emanuel

Florida State University Law Review

The concurrent sentence doctrine is a judicially-created rule of criminal procedure. In this article, Professor Emanuel traces the history of the doctrine from its roots in eighteenth-century England to its current status in state and federal courts. Recently, the United States Supreme Court effectively forestalled the use of the doctrine in any federal felony conviction; however, Professor Emanuel argues that the doctrine remains viable in collateral actions for postconviction relief from federal convictions and in state couts.

Criminal Procedure—Waiver Of Appellate Review Of Death Sentences In Arkansas. Standing—Capacity To Litigate Matters Of Public Interest In Arkansas. Franz V. State, 296 Ark. 181, 754 S.W.2d 839 (1988)., Michael White

University of Arkansas at Little Rock Law Review

No abstract provided.

The Prosecutor As "Minister Of Justice", Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Times have changed. Today, prosecutors are on top of the world. Their powers are enormous, and constantly reinforced by sympathetic legislatures and courts. The "awful instruments of the criminal law," as Justice Frankfurter described the system,1 are today supplemented with broad new crimes, easier proof requirements, heavier sentencing laws, and an extremely cooperative judiciary, from district and state judges, to the highest Court in the land.

Mandatory And Permissive Presumptions In Criminal Cases: The Morass Created By Allen, Shari L. Jacobson

University of Miami Law Review

No abstract provided.

In Search Of The Virtuous Prosecutor: A Conceptual Framework, Stanley Z. Fisher

Faculty Scholarship

Questions about the scope and content of the duty to "seek justice" pervade prosecutorial work. Prosecutors are required to serve in a dual role: they are both advocates seeking conviction and "ministers of justice." Observers have complained about a tendency on the part of prosecutors to prefer the former of these "schizophrenic" obligations to the latter. This is commonly described as a tendency to behave overzealously or according to a "conviction psychology. ' "