Law Commons^™

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

No abstract provided.

The Self-Incrimination Debate, Mark Berger

Faculty Works

No abstract provided.

In Case Of Confession, Andrea Lyon

Law Faculty Publications

No abstract provided.

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.

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

No abstract provided.

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 …

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 …

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

No abstract provided.

Conspicuous Depredation: Automobile Theft In In Los Angeles, 1904 To 1987, Office Of The Attorney General

California Agencies

No abstract provided.

Habeas Corpus Committee - Correspondence, Lewis F. Powell Jr.

Habeas Corpus Committee

No abstract provided.

State Crime In The Federal Forum, Roger J. Miner '56

Criminal Law

No abstract provided.

State Crime In The Federal Forum, Roger J. Miner '56

Federalist Society

No abstract provided.

Constitutional Constraints On Proving "Whodunnit?", John O. Sonsteng

Faculty Scholarship

American system places these constraints on the age old criminal law question: “WHODUNIT?” This article explores these issues.

Effective National And International Action Against Organized Crime And Terrorist Criminal Activities, M. Bassiouni

College of Law Faculty

No abstract provided.

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.

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

UIC Law Open Access Faculty Scholarship

No abstract provided.

Habeas Corpus Committee - Correspondence, Lewis F. Powell Jr.

Habeas Corpus Committee

No abstract provided.

Habeas Corpus Committee - Report, Lewis F. Powell Jr.

Habeas Corpus Committee

No abstract provided.

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

No abstract provided.

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.

The Privilege Against Compelled Self-Incrimination, John O. Sonsteng

Faculty Scholarship

This article examines the fifth amendment right against compelled self-incrimination, as compared to principles in confession law. These two areas of law are not the same. In 1966, however, the Supreme Court decision of Miranda v. Arizona announced that many of the principles involved in confession law also implicated the fifth amendment privilege against compelled self-incrimination. The popular impact of Miranda has resulted in the equating of confession law with the fifth amendment privilege. This article examines the history of the fifth amendment privilege, its application, and how it can be distinguished from other, related areas of law.

Fourth Amendment Applicability, John O. Sonsteng

Faculty Scholarship

A large percentage of fourth amendment litigation involves the issues of applicability to place, waiver/consent, and the reasonable expectation of privacy. Not one of these issues, however, has the remotest thing to do with the ultimate substance of the fourth amendment protection itself. They deal exclusively with the threshold question of whether the fourth amendment is even involved. Only if it is, do the actual requirements of the fourth amendment become material. This article examines the applicability of the fourth amendment prohibition against unreasonable search and seizures with respect to these common issues.

Solving The Pretext Puzzle: The Importance Of Ulterior Motives And Fabrications In The Supreme Court's Fourth Amendment Pretext Doctrine, Edwin J. Butterfoss

Faculty Scholarship

This Article first analyzes the debate between Professors John M. Burkoff and James B. Haddad over the current state of Supreme Court jurisprudence on the pretext issue. It shows that the Supreme Court's definition of pretext is broader than the definition of pretext used by these commentators. The Supreme Court's definition includes both "legal" and fabricated pretexts. In a "legal" pretext, the government offers a justification that is not the true reason for the police activity, but that, if the motivation of the officer is not considered, legally justifies the activity. In a fabricated pretext, the government offers a justification …

The Ostrich Instruction: Deliberate Ignorance As A Criminal Mens Rea, Ira Robbins

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Improving Substance Abuse Treatment For Women, Brenda V. Smith

Articles in Law Reviews & Other Academic Journals

Alcohol and other drug use among women of child-bearing age has increased dramatically, and, as a result, more pregnant women are faced with alcohol and other drug problems. The only known national estimate suggests that 11 percent of pregnant women used illegal drugs during their pregnancy. Although pregnant crack-addicted women have received the most media attention, the problem is no less serious for alcohol and other drugs.

Alcohol and other drug use during pregnancy has negative physical and psychological consequences for both the mother and the child. Alcoholic mothers are at risk of having infants with fetal alcohol syndrome, which …