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Articles 1 - 30 of 60
Full-Text Articles in Law
The Most Fundamental Change In The Criminal Justice System: The Role Of The Prosecutor In Sentence Reduction, Bennett L. Gershman
The Most Fundamental Change In The Criminal Justice System: The Role Of The Prosecutor In Sentence Reduction, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
As every lawyer knows, the prosecutor is the most powerful figure in the American criminal justice system. The prosecutor decides whom to charge, what charges to bring, whether to permit a defendant to plead guilty, and whether to confer immunity. In carrying out this broad decision-making power, the prosecutor enjoys considerable independence. Indeed, one of the most elusive and vexing subjects in criminal justice has been to define the limits of the prosecutor’s discretion.
Habeas Corpus Committee - Correspondence, Lewis F. Powell Jr.
Habeas Corpus Committee - Correspondence, Lewis F. Powell Jr.
Habeas Corpus Committee
No abstract provided.
Habeas Corpus Committee - Correspondence, Lewis F. Powell Jr.
Habeas Corpus Committee - Correspondence, Lewis F. Powell Jr.
Habeas Corpus Committee
No abstract provided.
Habeas Corpus Committee - Testimony By Powell, Lewis F. Powell Jr.
Habeas Corpus Committee - Testimony By Powell, Lewis F. Powell Jr.
Habeas Corpus Committee
No abstract provided.
In Case Of Confession, Andrea Lyon
Twice Condemned: Slaves And The Criminal Laws Of Virginia, 1705-1865 (Book Review), Edward L. Ayers
Twice Condemned: Slaves And The Criminal Laws Of Virginia, 1705-1865 (Book Review), Edward L. Ayers
History Faculty Publications
Review of the book, Twice Condemned: Slaves and the Criminal Laws of Virginia, 1705-1865, by Philip J. Schwarz. Baton Rouge: Louisiana University Press, 1988.
The Adversarial System At Risk, Bennett L. Gershman
The Adversarial System At Risk, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
The most ominous recent development affecting the balance of forces in the adversary system is the unprecedented attack by prosecutors on criminal defense lawyers themselves. Grand jury subpoenas to attorneys, law office searches, disqualification motions, fee forfeiture proceedings, and, most recently, IRS attempts to enforce currency-reporting regulations do not seem to be isolated occurrences or mere happenstance. Rather, perhaps inspired by Shakespeare's injunction in Henry VI to "kill all the lawyers," some prosecutors appear to have concluded that the most effective way to prevail in the battle against crime is to cripple the defense lawyers, particularly those who represent defendants …
The Admission Of Government Fact Findings Under Federal Rule Of Evidence 803(8)(C): Limiting The Dangers Of Unreliable Hearsay, Steven P. Grossman, Stephen J. Shapiro
The Admission Of Government Fact Findings Under Federal Rule Of Evidence 803(8)(C): Limiting The Dangers Of Unreliable Hearsay, Steven P. Grossman, Stephen J. Shapiro
All Faculty Scholarship
Federal Rule of Evidence 803(8)(C), an exception to the rule against admission of hearsay, permits introduction of public records or reports containing the fact findings of the reporter without requiring the reporter to appear at trial. These fact findings can be based upon the reporter's own observations and calculations or information imparted to the reporter from sources having no connection to any public agency whatsoever. Rule 803(8)(C) has also been used as the vehicle for presenting juries with fact findings from hearings conducted by public officials. The rule would seem to allow these fact findings even though the opponent had …
Hearing On Determinate And Indeterminate Sentencing, Joint Committee For Revision Of The Penal Code
Hearing On Determinate And Indeterminate Sentencing, Joint Committee For Revision Of The Penal Code
California Joint Committees
No abstract provided.
Habeas Corpus Committee - Lecture At Uva Law School, Lewis F. Powell Jr.
Habeas Corpus Committee - Lecture At Uva Law School, Lewis F. Powell Jr.
Habeas Corpus Committee
No abstract provided.
Habeas Corpus Committee - Correspondence, Lewis F. Powell Jr.
Habeas Corpus Committee - Correspondence, Lewis F. Powell Jr.
Habeas Corpus Committee
No abstract provided.
Conspicuous Depredation: Automobile Theft In In Los Angeles, 1904 To 1987, Office Of The Attorney General
Conspicuous Depredation: Automobile Theft In In Los Angeles, 1904 To 1987, Office Of The Attorney General
California Agencies
No abstract provided.
Habeas Corpus Committee - Bill Texts, Lewis F. Powell Jr.
Habeas Corpus Committee - Bill Texts, Lewis F. Powell Jr.
Habeas Corpus Committee
No abstract provided.
Habeas Corpus Committee - Capital Punishment Data, Lewis F. Powell Jr.
Habeas Corpus Committee - Capital Punishment Data, Lewis F. Powell Jr.
Habeas Corpus Committee
No abstract provided.
Gang Organization And Migration / Drugs, Gangs, And Law Enforcement, Jerome H. Skolnick
Gang Organization And Migration / Drugs, Gangs, And Law Enforcement, Jerome H. Skolnick
California Agencies
This publication consists of two papers: the first "Gang Organization and Migration" is a descriptive work based on interviews with California inmates during the Spring and Summer of 1988 and 1989. The second, "Drugs, Gangs, and Law Enforcement" is more reflective in tone and describes interviews with and observations of law enforcement responses to gang migration.
Habeas Corpus Committee - Correspondence, Lewis F. Powell Jr.
Habeas Corpus Committee - Correspondence, Lewis F. Powell Jr.
Habeas Corpus Committee
No abstract provided.
Habeas Corpus Committee - Printed Materials, Lewis F. Powell Jr.
Habeas Corpus Committee - Printed Materials, Lewis F. Powell Jr.
Habeas Corpus Committee
No abstract provided.
Habeas Corpus Committee - Report, Lewis F. Powell Jr.
Habeas Corpus Committee - Report, Lewis F. Powell Jr.
Habeas Corpus Committee
No abstract provided.
Waiver Of Constitutional Issues In Criminal Cases: Confusion In The Illinois Supreme Court, 11 N. Ill. U. L. Rev. 55 (1990), Timothy P. O'Neill
Waiver Of Constitutional Issues In Criminal Cases: Confusion In The Illinois Supreme Court, 11 N. Ill. U. L. Rev. 55 (1990), Timothy P. O'Neill
UIC Law Open Access Faculty Scholarship
No abstract provided.
Vindicating The Defendant's Constitutional Right To Testify At A Criminal Trial: The Need For An On-The-Record Waiver, 51 U. Pitt. L. Rev. 809 (1990), Timothy P. O'Neill
Vindicating The Defendant's Constitutional Right To Testify At A Criminal Trial: The Need For An On-The-Record Waiver, 51 U. Pitt. L. Rev. 809 (1990), Timothy P. O'Neill
UIC Law Open Access Faculty Scholarship
No abstract provided.
A Proposed Check On The Charging Discretion Of Wisconsin Prosecutors, Wayne A. Logan
A Proposed Check On The Charging Discretion Of Wisconsin Prosecutors, Wayne A. Logan
Scholarly Publications
With the emergence of the increasingly vocal victims' rights movement and a more general punitive emphasis in criminal justice, the issue of prosecutorial discretion in the decision of whether to charge a suspect with a crime has assumed paramount importance. In two recent cases the Wisconsin Supreme Court addressed the fundamental question of whether it is the responsibility of the local prosecutor or the court to charge a suspect with a crime. This Comment examines these two cases, Unnamed Petitioners v. Connors, decided in 1987, and State v. Unnamed Defendant, decided in 1989. The Comment concludes that the charging mechanism …
The Exclusion Of Evidence In The United States, Paul Marcus
The Exclusion Of Evidence In The United States, Paul Marcus
Faculty Publications
No abstract provided.
Book Review, William T. Pizzi
The Modern Blood Feud: Thoughts On The Philosophy Of Terrorism, Christopher L. Blakesley
The Modern Blood Feud: Thoughts On The Philosophy Of Terrorism, Christopher L. Blakesley
Scholarly Works
Herman Melville brilliantly lets us feel, through Captain Ahab, the sensation of destructive rage, hatred and violence. Sadly, Melville's insight penetrates to the core of society, perhaps of each of us, in today's omnipresent terroristic melodrama. We have all suffered moments of vicarious terror and rage over the past few years as we watched news accounts of terrorist incidents, such as the downing of Pan Am Flight 103 over Lockerbie, Scotland. The melodrama of terrorism has penetrated each of our lives. We see it and feel the rage nearly on a daily basis. Innocent children, women and men aboard Pan …
Ex Post Facto Judicial Clarification Of A Vague Aggravating Circumstance In A Capital Punishment Statute, Kenneth S. Gallant
Ex Post Facto Judicial Clarification Of A Vague Aggravating Circumstance In A Capital Punishment Statute, Kenneth S. Gallant
Faculty Scholarship
No abstract provided.
Effective National And International Action Against Organized Crime And Terrorist Criminal Activities, M. Bassiouni
Effective National And International Action Against Organized Crime And Terrorist Criminal Activities, M. Bassiouni
College of Law Faculty
No abstract provided.
State Crime In The Federal Forum, Roger J. Miner '56
State Crime In The Federal Forum, Roger J. Miner '56
Federalist Society
No abstract provided.
State Crime In The Federal Forum, Roger J. Miner '56
State Crime In The Federal Forum, Roger J. Miner '56
Criminal Law
No abstract provided.
What Was Discovered In The Quest For Truth?, Steven H. Goldberg
What Was Discovered In The Quest For Truth?, Steven H. Goldberg
Elisabeth Haub School of Law Faculty Publications
Criminal discovery has outstripped Justice Brennan's claim of "mixed" results. His description of the twenty-five year transformation as merely "rapid" is too modest. From the picture in 1963, which he accurately describes as "quite a bleak one," discovery is, today, de rigueur in criminal cases. There is little to suggest a general reduction of criminal case discovery in the future.
Gideon V. Wainwright Revisited: What Does The Right To Counsel Guarantee Today?, Michael B. Mushlin
Gideon V. Wainwright Revisited: What Does The Right To Counsel Guarantee Today?, Michael B. Mushlin
Elisabeth Haub School of Law Faculty Publications
In Gideon v. Wainwright, the Supreme Court unanimously held that indigent state felony defendants are constitutionally entitled to the appointment of trial counsel. The opinion aroused wide support, and even enthusiasm, almost from the moment it was announced in 1963. Two and a half decades later this support has not diminished. However, are the words of praise only lip service to the noble idea of the right to counsel? Has Gideon really made a difference? Has its promise of a fair shake for poor criminal defendants been kept, or has Gideon meant only that defendants are provided with the fleeting …