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Articles 1 - 28 of 28
Full-Text Articles in Law
Relational Criminal Liability, Steven R. Morrison
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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)
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
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
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
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
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
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
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
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
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
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
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
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.