Law Commons^™

Difficult Times In Kentucky Corrections—Aftershocks Of A "Tough On Crime" Philosophy, Robert G. Lawson

Law Faculty Scholarly Articles

The objective of this article is to cast some light on corrections system problems brought on by elevated (and possibly unnecessary) levels of incarceration, and especially on problems that trouble the Kentucky corrections system and threaten to undermine the effectiveness of the state's justice system. Part II describes how the country came to embrace sentencing policies and practices capable of producing "a penal system of a severity unmatched in the Western world.” Part III describes Kentucky's embrace of equally harsh sentencing policies and practices and the inmate population explosion that has occurred as a direct result of those policies and …

Testimonial Or Nontestimonial? The Admissibility Of Forensic Evidence After Crawford V. Washington, John M. Spires

Kentucky Law Journal

No abstract provided.

Through The Looking-Glass At The Brady Doctrine: Some New Reflections On White Queens, Hobgoblins, And Due Process, Eugene Cerruti

Kentucky Law Journal

No abstract provided.

Actually Less Guilty: The Extension Of The Actual Innocence Exception To The Sentencing Phase Of Non-Capital Cases, Matthew Mattingley

Kentucky Law Journal

No abstract provided.

Case Note: The Office Of The Independent Counsel And Grand Jury Secrecy, Melissa N. Henke

Law Faculty Scholarly Articles

In In re Sealed Case No. 99-3091, the D.C. Circuit ruled on a motion for summary reversal of an order entered by the U.S. District Court for the District of Columbia ("District Court"), where such order required the Office of Independent Counsel Kenneth Starr ("OIC") to provide evidence as to why the OIC should not be held in contempt for violating the grand jury secrecy rule, Rule 6(e). The alleged violation of grand jury secrecy concerned a New York Times article that contained information about the grand jury investigation of President William J. Clinton, and which named the OIC as …

Informing Capital Juries About Parole: The Effect On Life Or Death Decisions, C. Lindsey Morrill

Kentucky Law Journal

No abstract provided.

Does Apprendi V. New Jersey Change The Standard Of Proof In Criminal Forfeiture Cases?, Stefan D. Cassella

Kentucky Law Journal

No abstract provided.

Acting Without "Just Cause": An Analysis Of The Ninth Circuit's Decision In United States V. Symington, James R. Coltharp Jr.

Kentucky Law Journal

No abstract provided.

Harris V. Commonwealth: The Use Of "Statutory" Aggravating Circumstances In Kentucky's Sentencing Procedure, Melissa Bartlett

Kentucky Law Journal

No abstract provided.

Nuñez-Rodriguez And A Defendant's Acceptance Of Responsibility: A Jailbreak From The Confinement Of The Federal Sentencing Guidelines?, John N. Winstead

Kentucky Law Journal

No abstract provided.

The Battered Woman Syndrome And The Kentucky Criminal Justice System: Abuse Excuse Or Legitimate Mitigation?, Sue E. Mcclure

Kentucky Law Journal

No abstract provided.

Sommers V. Commonwealth: An Indigent Criminal Defendant's Right To Publicly Funded Expert Assistance Other Than The Assistance Of Counsel, Karla C. Mcgrath

Kentucky Law Journal

No abstract provided.

In Defense Of The Outrageous Government Conduct Defense In The Federal Courts, Dana M. Todd

Kentucky Law Journal

No abstract provided.

Kentucky Post-Conviction Remedies And The Judicial Development Of Kentucky Rule Of Criminal Procedure 11.42, John S. Gillig

Kentucky Law Journal

No abstract provided.

States' Right To Confine "Not Guilty By Reason Of Insanity" Acquittees After Foucha V. Louisiana, David S. Wisz

Kentucky Law Journal

No abstract provided.

Arizona V. Fulminante: Where's The Harm In Harmless Error?, Kenneth R. Kenkel

Kentucky Law Journal

No abstract provided.

The Federal Sentencing Guidelines: Miracle Cure For Sentencing Disparity, Kathryn A. Walton

Kentucky Law Journal

No abstract provided.

Judicial Vigilantism: Inherent Judicial Authority To Appoint Contempt Prosecutors In Young V. United States Ex Rel Vuitton Et Fils S.A., Neal Devins, Steven J. Mulroy

Kentucky Law Journal

No abstract provided.

Prison Reform Issues For The Eighties: Modification And Dissolution Of Injunctions In The Federal Courts, Sarah N. Welling, Barbara W. Jones

Law Faculty Scholarly Articles

During the past two decades, federal courts have become involved in the supervision of state and local prison systems. This supervisory role is the result of a new type of litigation, the institutional reform lawsuit. These lawsuits originate when prisoners sue state or local prison administrators, alleging unconstitutional conditions of confinement. Plaintiffs usually seek a permanent injunction outlining a plan to eliminate the offending conditions. As prison litigation matured, the normal evolution of these lawsuits led to new questions taking center stage in the 1980's, questions of injunction, modification, and dissolution.

This article begins with a summary examination of prison …

Victims In The Criminal Process: A Utilitarian Analysis Of Victim Participation In The Charging Decision, Sarah N. Welling

Law Faculty Scholarly Articles

Crime victims are currently being given the right to participate in criminal prosecutions at both the sentencing and plea bargaining stages. These are important steps in a criminal prosecution, but both the sentence and the plea bargain are dependent on the initial charging decision which determines what crime is to be prosecuted or whether there is to be any prosecution at all. As a prerequisite to both a plea bargain or a sentence, the charging decision is the crux of the prosecution.

Given the importance of the charging decision, and the fact that some jurisdictions have granted victims a right …

Confronting Rape Shield, Allison I. Connelly

Law Faculty Popular Media

In this newsletter article, Professor Connelly discusses the difficulties faced by defense attorneys in addressing rape shield laws.

Silencing Gideon's Trumpet: The Plight Of The Indigent Prisoner, Allison I. Connelly

Law Faculty Popular Media

In this newsletter article, Professor Connelly discusses the difficulties faced by indigent prisoners in gaining access to the justice system.

Kentucky Law Survey: Criminal Procedure, William H. Fortune

Law Faculty Scholarly Articles

Many important criminal procedure cases were decided by the Kentucky appellate courts during the Survey period-too many to permit meaningful comment on each case. The author has selected those criminal procedure cases he feels are most significant and has not attempted to comment on penal code cases, most of which involve matters of criminal law.

Capital Juries And The Fair Cross-Section Requirement: Modern Constitutional Reasoning In Jury Selection, John Coleman Ayers

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Criminal Procedure, William H. Fortune, Sarah N. Welling

Law Faculty Scholarly Articles

Significant criminal procedure decisions of the Kentucky appellate courts for the period July 1, 1982 to July 1, 1983, have been selected for discussion in this Survey. Included in this survey is an extensive discussion of selected cases in the areas of warrants, competency of counsel, pretrial discovery of witness statements, venue, belated attacks on criminal convictions, and the right to talk to an attorney before taking a breathalyzer test.

Kentucky Law Survey: Criminal Procedure, William H. Fortune

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Criminal Procedure, William H. Fortune

Law Faculty Scholarly Articles

This Survey covers significant criminal procedure decisions of the Kentucky appellate courts for the period July 1, 1980, to July 1, 1982. It does not include cases construing the penal code or noteworthy decisions in the Kentucky law of evidence. The author has selected the most important criminal procedure cases for treatment in the text; a number of significant cases are summarized in footnotes.

The Not Guilty By Reason Of Insanity Verdict: Should Juries Be Informed Of Its Consequences?, Jennifer Fletcher

Kentucky Law Journal

No abstract provided.

The Dilemma Of Criminal Responsibility, David L. Bazelon

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Criminal Procedure, William H. Fortune, Sarah N. Welling

Kentucky Law Journal

No abstract provided.