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Full-Text Articles in Law

Relational Criminal Liability, Steven R. Morrison Jan 2017

Relational Criminal Liability, Steven R. Morrison

Florida State University Law Review

“Relational criminal liability,” or one person’s criminal liability for the actions of another by way of a group of which both individuals are a part, generates a fundamental tension between collectivist and individualist approaches to liability. The collectivist approach, which reifies the group qua group, enables individuals to be liable for the acts of the group and the group to be liable for the acts of individuals. The individualist approach treats ind-viduals qua individuals, holding them liable only for their own conduct.

This tension sounds both in moral philosophy and legal theory. As to philosophy, Michael Bratman, Margaret Gilbert, and …


Federalizing Retroactivity Rules: The Unrealized Promise Of Danforth V. Minnesota And The Unmet Obligation Of State Courts To Vindicate Federal Constitutional Rights, Ruthanne M. Deutsch Oct 2016

Federalizing Retroactivity Rules: The Unrealized Promise Of Danforth V. Minnesota And The Unmet Obligation Of State Courts To Vindicate Federal Constitutional Rights, Ruthanne M. Deutsch

Florida State University Law Review

No abstract provided.


A Balancing Act: The Introduction Of Restorative Justice In The International Criminal Court's Case Of The Prosecutor V. Thomas Lubanga Dyilo, Mary Will Jan 2007

A Balancing Act: The Introduction Of Restorative Justice In The International Criminal Court's Case Of The Prosecutor V. Thomas Lubanga Dyilo, Mary Will

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Vengeance Is Whose?: The Death Penalty And Cultural Relativism In International Law, James H. Wyman Jan 1997

Vengeance Is Whose?: The Death Penalty And Cultural Relativism In International Law, James H. Wyman

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Eliminating Double Talk From The Law Of Double Jeopardy, Eli J. Richardson Jul 1994

Eliminating Double Talk From The Law Of Double Jeopardy, Eli J. Richardson

Florida State University Law Review

No abstract provided.


The Jurisdiction To Do Justice: Florida's Jury Override And The State Constitution, Michael Mello Jul 1991

The Jurisdiction To Do Justice: Florida's Jury Override And The State Constitution, Michael Mello

Florida State University Law Review

No abstract provided.


To See Or Not To See The Defendant: Expanding The Use Of Florida's Special Procedures For Taking The Testimony Of Witnesses, Glenn F. Lang Jan 1991

To See Or Not To See The Defendant: Expanding The Use Of Florida's Special Procedures For Taking The Testimony Of Witnesses, Glenn F. Lang

Florida State University Law Review

No abstract provided.


Florida V. Riley, 109 S. Ct. 693 (1989), John R. Dixon Jan 1989

Florida V. Riley, 109 S. Ct. 693 (1989), John R. Dixon

Florida State University Law Review

Criminal Procedure/Constitutional Law - WARRANTLESS AERIAL SURVEILLANCE AND THE OPEN VIEW DOCTRINE


Discovery Depositions In Florida Criminal Proceedings: Should They Survive?, John F. Yetter Oct 1988

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.


The Concurrent Sentence Doctrine Dies A Quiet Death -- Or Are The Reports Greatly Exaggerated?, Anne S. Emanuel Jul 1988

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.


Florida Reverses Its Per Se Reversal Rule On Improper Prosecutorial Comment On A Defendant's Right To Remain Silent, J. Allison Defoor Ii, Randolph Braccialarghe Jan 1986

Florida Reverses Its Per Se Reversal Rule On Improper Prosecutorial Comment On A Defendant's Right To Remain Silent, J. Allison Defoor Ii, Randolph Braccialarghe

Florida State University Law Review

No abstract provided.


Florida's New Speedy Trial Rule: The "Window Of Recapture", John F. Yetter Apr 1985

Florida's New Speedy Trial Rule: The "Window Of Recapture", John F. Yetter

Florida State University Law Review

No abstract provided.


Evidence In Capital Cases, John Kaplan Jul 1983

Evidence In Capital Cases, John Kaplan

Florida State University Law Review

No abstract provided.


The Exclusionary Rule: An Examination Of The Case Law And The Present Posture Of The Florida Supreme Court, Michael Shaw Tammaro Oct 1982

The Exclusionary Rule: An Examination Of The Case Law And The Present Posture Of The Florida Supreme Court, Michael Shaw Tammaro

Florida State University Law Review

No abstract provided.


Gannett Co. V. Depasquale, 99 S. Ct. 2898 (1979), Margot Pequignot Oct 1979

Gannett Co. V. Depasquale, 99 S. Ct. 2898 (1979), Margot Pequignot

Florida State University Law Review

Criminal Procedure-FAIR TRIAL-CONSTITUTION DOES NOT GRANT AN AFFIRMATIVE RIGHT OF ACCESS TO A PRETRIAL PROCEEDING WHEN ALL PARTICIPANTS AGREE IT SHOULD BE CLOSED TO PROTECT DEFENDANT'S FAIR TRIAL RIGHTS


State V. Sobel, 363 So.2d 324 (Fla. 1978), Michael T. Webster Apr 1979

State V. Sobel, 363 So.2d 324 (Fla. 1978), Michael T. Webster

Florida State University Law Review

Constitutional Law-DUE PROCESS NOT VIOLATED BY STATE'S DESTRUCTION AND NONDISCLOSURE OF TAPE RECORDING IN CRIMINAL LAW


Arizona V. Washington, 434 U.S. 497 (1978) Apr 1979

Arizona V. Washington, 434 U.S. 497 (1978)

Florida State University Law Review

Criminal Law-MISTRIAL DECLARATION-OVER DEFENDANT'S OBJECTION, PROSECUTION MUST DEMONSTRATE HIGH DEGREE OF MANIFEST NECESSITY OR REPROSECUTION WILL BE BARRED


Clark V. State, 363 So. 2d 333 (Fla. 1978), Shawn Ettingoff Apr 1979

Clark V. State, 363 So. 2d 333 (Fla. 1978), Shawn Ettingoff

Florida State University Law Review

Criminal Law-RIGHT TO REMAIN SILENT-OBJECTION AND MOTION FOR MISTRIAL NOW REQUIRED TO PRESERVE IMPROPER COMMENT ON THE DEFENDANT'S SILENCE FOR APPELLATE REVIEW


Truth By Ordeal: The Growing Acceptance Of Polygraphy, William E. Ploss Oct 1978

Truth By Ordeal: The Growing Acceptance Of Polygraphy, William E. Ploss

Florida State University Law Review

No abstract provided.


An End To Ransom: The Case For Amending The Bail Provision Of The Florida Constitution, Bennett H. Brummer, Bruce S. Rogow Jul 1978

An End To Ransom: The Case For Amending The Bail Provision Of The Florida Constitution, Bennett H. Brummer, Bruce S. Rogow

Florida State University Law Review

No abstract provided.


A Step Toward Uniformity: Review Of Life Sentences In Capital Cases, Ron Bergwerk Jul 1978

A Step Toward Uniformity: Review Of Life Sentences In Capital Cases, Ron Bergwerk

Florida State University Law Review

No abstract provided.


The Florida Grand Jury: Abolition Or Reform?, Robert Q. Williams Oct 1977

The Florida Grand Jury: Abolition Or Reform?, Robert Q. Williams

Florida State University Law Review

No abstract provided.


The Florida Rules Of Criminal Procedure: 1977 Amendments, John F. Yetter Jul 1977

The Florida Rules Of Criminal Procedure: 1977 Amendments, John F. Yetter

Florida State University Law Review

No abstract provided.


Florida's Incompetency-To-Stand Trial Rule: A Possible Life Sentence?, Frank A. Vickory Dec 1976

Florida's Incompetency-To-Stand Trial Rule: A Possible Life Sentence?, Frank A. Vickory

Florida State University Law Review

No abstract provided.


Williams V. State, 316 So. 2d 267 (Fla. 1975), Richard W. Epstein Oct 1976

Williams V. State, 316 So. 2d 267 (Fla. 1975), Richard W. Epstein

Florida State University Law Review

Criminal Law- GUILTY PLEAS- FACTUAL BASIS DETERMINATION NOT MANDATORY WHEN A COURT ACCEPTS A PLEA OF GUILTY OR NOLO CONTENDERE.


Gerstein V. Pugh, 420 U.S. 103 (1975); In Re Florida Rules Of Criminal Procedure, 309 So. 2d 544 (Fla. 1975), R. Wayne Miller Oct 1975

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.


In Re Forfeiture Of The Following Described Vehicle, 1972 Porsche 2 Dr., '74 Florida License Tag Id 91788 Vin #9111200334, 307 So. 2d 451 (Fla. 3d Dist. Ct. App. 1975), Michael P. Mabile Jul 1975

In Re Forfeiture Of The Following Described Vehicle, 1972 Porsche 2 Dr., '74 Florida License Tag Id 91788 Vin #9111200334, 307 So. 2d 451 (Fla. 3d Dist. Ct. App. 1975), Michael P. Mabile

Florida State University Law Review

Criminal Law- FORFEITURES- SIGNIFICANT INVOLVEMENT IN ILLICIT DRUG OPERATION REQUIRED TO JUSTIFY AUTOMOBILE FORFEITURE; EVIDENCE OBTAINED BY ILLEGAL SEARCH INADMISSIBLE IN FORFEITURE PROCEEDING; IMPOUNDMENT OF AUTOMOBILE WITHOUT WARRANT IN ABSENCE OF PROBABLE CAUSE AND EXIGENT CIRCUMSTANCES INVALIDATES RELATED INVENTORY SEARCH.


Expanding Double Jeopardy: Collateral Estoppel And Teh Evidentiary Use Of Prior Crimes Of Which The Defendant Has Been Acquitted, Eleanore Hill Jul 1974

Expanding Double Jeopardy: Collateral Estoppel And Teh Evidentiary Use Of Prior Crimes Of Which The Defendant Has Been Acquitted, Eleanore Hill

Florida State University Law Review

No abstract provided.