Law Commons^™

Illinois V. Gates, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Texas V. Brown, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Florida V. Royer, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Solem V. Helm, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Jones V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Jones V. Barnes, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

South Dakota V. Neville, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

11-20-1982 Preliminary Memorandum, Rochelle C. Dreyfuss

Arizona Governing Comm. v. Norris, 463 U.S. 1073 (1983)

SUMMARY: A voluntary deferred compensation plan allowed retiring employees to choose between three forms of payments, including an annuity bought by petrs from independent insurance companies who use sex-based actuarial tables. The question is whether the employer has violated Title VII by offering this option

The Insanity Defense: Guilty By Reason Of Hinckley?, Bruce Berner

Law Faculty Publications

No abstract provided.

Book Review Of The Model Penal Code And Commentaries, Paul Marcus

Faculty Publications

No abstract provided.

Indigent Criminal Defendants Should Pay For Their Appeals, Myron Moskovitz

Publications

No abstract provided.

Intracorporate Plurality In Criminal Conspiracy Law, Sarah N. Welling

Law Faculty Scholarly Articles

The concept of conspiracy currently plays a significant role in three areas of substantive law: antitrust, civil rights, and criminal law. Although the role of conspiracy in these substantive areas of law differs in many ways, all three require that the conspiracy consist of a plurality of actors. Determining what constitutes a plurality of actors when all the alleged conspirators are agents of a single corporation poses a continuing problem.

This problem raises two distinct questions. The first is whether, when one agent acts alone within the scope of corporate business, the agent and the corporation constitute a plurality. The …

The Media In The Courtroom: Attending, Reporting, Televising Criminal Cases, Paul Marcus

Faculty Publications

No abstract provided.

Towards Neutral Principles In The Administration Of Criminal Justice: A Critique Of Supreme Court Decisions Sanctioning The Plea Bargaining Process, Malvina Halberstam

Articles

This article compares the Court's reasoning in plea bargaining cases with its reasoning in non-plea-bargaining cases that involve the same legal principles. It analyzes the Court's arguments for sustaining guilty pleas induced by fear of the death penalty or by promises of leniency, and for sanctioning the imposition of harsher penalties on those who reject prosecutional offers to plead and insist on a trial. Finally, it briefly addresses the contention that the system for the administration of criminal justice in the United States could not function if use of a sentencing differential to induce guilty pleas were prohibited.

“With Malice Toward None”: A Solution To An Illinois Homicide Quandary, 32 Depaul L. Rev. 107 (1982), Timothy P. O'Neill

UIC Law Open Access Faculty Scholarship

No abstract provided.

Vocational Education In The California Department Of Corrections: A Descriptive Report For 1978 To 1982, Department Of Corrections

California Agencies

Recent years have evidenced the realization that a strong relationship exists between education and the world of work. The knowledges, skills and adaptability acquired in even the most general and humanistic forms of learning contribute to economic, social and technological progress. At the same time, persons who learn a trade or other occupational skill are acquiring a background that enables them to participate more fully in the obligations of citizenship and to lead a more complete and enjoyable life. The California Department of Corrections acknowledges the need for strengthening and extending vocational training opportunities to all segments of the inmate …

Ounces Of Prevention: Toward An Understanding Of The Causes Of Violence, Commission On Crime Control And Violence Prevention

California Agencies

Pursuant to the requirements of Chapter 990 of 1979 statutes (AB23, Vasconcellos), the Commission on Crime Control and Violence Prevention is pleased to present its final report. The result of intensive study over the past two years, Ounces of Prevention provides a comprehensive review of extant research findings on the causes of violence and offers recommendations for their prevention.

Entrapment, Shocked Consciences, And The Staged Arrest, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

This Article discusses the relatively spare and unsettled case law relating to the staged arrest, reflected primarily in United States v. Archer and Nigrone v. Murtagh. Part III of this Article examines the defense of entrapment, one of the most confusing and controversial legal doctrines, and its application to the staged arrest. Because the staged arrest ineluctably raises questions of offensive government conduct that neither constitutes unlawful entrapment nor invades any independent rights of citizens, part IV considers the analysis of courts that have invoked the due process clause to limit government investigations. In view of the failure of these …

Abscam, The Judiciary, And The Ethics Of Entrapment, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Part I of this Article surveys the development of the competing threads of entrapment theory. Part II shows how these theories were applied in the Abscam prosecutions. Part III turns to the predisposition test and demonstrates its analytical flaws and its ineffectiveness in restraining he improper use of inducements in undercover investigations. Part IV offers specific suggestions for a federal entrapment statute to remedy these defects. The statute allows an entrapment defense where the undercover techniques used fall outside a narrowly defined range of permissible conduct. If the government's conduct is permissible, the statute nevertheless requires the decision-maker to examine …

The Faretta Principle: Self Representation Versus The Right To Counsel, Paul Marcus

Faculty Publications

The United States Constitution makes provision for criminal defendants to be represented by counsel. In the federal jurisdiction this principle was vigorously applied, even to indigent persons, very early in the Twentieth Century. The United States Supreme Court, however, was reluctant to impose this requirement on the states except in cases of unusual circumstances where the absence of counsel would have affected the basic fairness of the trial. Finally, in a landmark decision by the Supreme Court, it was held that the right to counsel applies in both federal and state cases. For the past twenty years, federal and state …

Constitutional Criminal Procedure, Thomas E. Baker

Faculty Publications

This article discusses decisions of the new Eleventh Circuit and also decisions of the former Fifth Circuit, some of which are binding precedents for the new court. By way of introduction, the title Constitutional Criminal Procedure deserves amplification. Related criminal law topics not within the scope of this article include the following: the substantive law of crimes; non constitutional aspects of the Federal Rules of Evidence; non constitutional aspects of the Federal Rules of Criminal Procedure; procedural aspects of habeas corpus; sentencing; prisoners' rights; and civil rights suits alleging constitutional deprivations.

Legal Aspects Of Prison Riots, Ira Robbins

Articles in Law Reviews & Other Academic Journals

Introduction: Riots are a recurrent phenomenon in American prisons. In the 1950s and the early 1970s, major riots erupted in prisons across the country, and many have occurred in the past several years.' Riots will continue to occur as long as the dominant function of prisons is the custodial confinement of inmates. As one commentator explains, "The way to make a strong bomb is to build a strong perimeter and generate pressure inside. Similarly, riots occur where ... pressures and demands are generated in the presence of strong custodial confinement."When such a bomb detonates and a prison riot erupts, a …

United States Jurisdiction Over Extraterritorial Crime, Christopher L. Blakesley

Scholarly Works

The term jurisdiction may be defined as the authority to affect legal interests -- to prescribe rules of law (legislative jurisdiction), to adjudicate legal questions (judicial jurisdiction) and to enforce judgments the judiciary made (enforcement jurisdiction). The definition, nature and scope of jurisdiction vary depending on the context in which it is to be applied. United States domestic law, for example, defines and applies notions of jurisdiction pursuant to the United States constitutional provisions relating to the separation of powers. Within the United States, jurisdiction is defined and applied in a variegated fashion depending on whether a legal problem is …

Prosecutorial Discretion And Discrimination In The Decision To Charge, Amy G. Applegate

Articles by Maurer Faculty

No abstract provided.

White-Collar Crime, White-Collar Time: The Sentencing Of White-Collar Offenders In The Southern District Of New York, Ilene H. Nagel, John L. Hagan

Articles by Maurer Faculty

In this Article, Professors Hagan and Nagel report upon their study of sentencing patterns in white-collar cases tried in the Southern District of New York between 1963 and 1976. Using multiple regression analysis, the authors first demonstrate a strong correlation between lenient sentencing practices and white-collar offenses. The authors then focus their study upon various white-collar crimes, using multiple regression analysis to reveal that considerable variation exists between sentencing patterns for the different white-collar offenses and for the different types of defendants sentenced in the Southern District during the period under study.

The Sentencing Of White-Collar Criminals In Federal Courts: A Socio-Legal Exploration Of Disparity, Ilene H. Nagel, John L. Hagan

Articles by Maurer Faculty

No abstract provided.

How We Got The Fourth Amendment Exclusionary Rule And Why We Need It, Yale Kamisar

Articles

Why the continuing storm of controversy over the exclusionary rule? Why the deep and widespread hostility to it? I think a recent law office search case, because it arose in a setting so unlike the typical search and seizure case, furnishes a clue. In O'Connor v. Johnson, St. Paul police obtained a warrant to search an attorney's office for business records of a client suspected of making false written statements in applying for a liquor license. The attorney happened to be present when the police arrived. Holding on to his work product file, which contained some of the records sought, …

Will Blood Tell Genetic Markers In Criminal Cases?, Randolph N. Jonakait

Articles & Chapters

No abstract provided.

The Assassination Attempt, Yale Kamisar

Articles

From the moment the would-be assassin opened fire until many days after he was found not guilty by reaaon of insanity, the press was fascinated by the case. The very same day that it reported the assassination attempt "in the open street, and in the broad face of day," the Times considered but quickly dismissed the possibility of insanity: "The defndant's purpose was carried out with the most cold-blooded determination. . . . His demeanor throughout was cool and collected, nor did there appear any evidence of insanity." When, several days later, it became plain that the defendant was indeed …

The Case For Treason, George P. Fletcher

Faculty Scholarship

"If this be treason, make the most of it." Patrick Henry had no fear of the ultimate crime against his King. Nor did the burghers of Maryland who set ablaze the Peggy Stewart in Annapolis Harbor. One would think that for us as Americans the crime of treason would carry special significance. Our nation was born in acts of treason. The threat of prosecution made the crime foremost in the mind of the constitutional draftsmen. Indeed, treason is the only crime to find definition in our basic document.

There are other indications that the crime of treason is central to …