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Articles 1 - 22 of 22
Full-Text Articles in Law
Race And Sentencing Equality In Kentucky, Robert L. Hurley
Race And Sentencing Equality In Kentucky, Robert L. Hurley
Masters Theses & Specialist Projects
Disparity in sentencing felons based on racial considerations has long has been considered a problem for civil libertarians and scholars alike. Examining data gathered in Kentucky, this thesis addresses this issue through the application of recently developed methodological techniques. Utilizing an index of sentencing equality, this study shows that while differences do exist in black and white offender offense characteristics, these differences do not account for the variations in sentences rendered in cases of white as opposed to black felons. This exploratory research reviews and critiques previous research and provides evidence which should prove useful in resolving the problem of …
Fourth Amendment Standing And Expectations Of Privacy: Rakas V. Illinois And New Directions For Some Old Concepts, Richard A. Williamson
Fourth Amendment Standing And Expectations Of Privacy: Rakas V. Illinois And New Directions For Some Old Concepts, Richard A. Williamson
Faculty Publications
No abstract provided.
Constitutionalizing Forfeiture Law—The German Example, James Maxeiner
Constitutionalizing Forfeiture Law—The German Example, James Maxeiner
All Faculty Scholarship
This article demonstrates how German criminal law has made forfeiture of objects used in crime consistent with constitutional guarantees.
Roberts V. United States, Lewis F. Powell Jr.
Roberts V. United States, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Payton V. New York, Lewis F. Powell Jr.
Payton V. New York, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
United States V. Crews, Lewis F. Powell Jr.
United States V. Crews, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Rawlings V. Kentucky, Lewis F. Powell Jr.
Rawlings V. Kentucky, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
United States V. Havens, Lewis F. Powell Jr.
United States V. Havens, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Adams V. Texas, Lewis F. Powell Jr.
The Preliminary Hearing: A Necessary Part Of Due Process, Andrea Lyon
The Preliminary Hearing: A Necessary Part Of Due Process, Andrea Lyon
Law Faculty Publications
No abstract provided.
Burdening The Fifth Amendment: Toward A Presumptive Barrier Theory, Mark Berger
Burdening The Fifth Amendment: Toward A Presumptive Barrier Theory, Mark Berger
Faculty Works
Judging how heavily the state may burden the decision to exercise or forego the fifth amendment privilege against self-incrimination is a concededly problematic undertaking. Nevertheless, the formulation of a standard is essential to ensure principled decision making. Unfortunately, however, the Supreme Court has thus far avoided the task. The decisions from the Warren era suggest in very broad language that any burden on the exercise of the right to remain silent is forbidden, while more recent rulings have barred only those penalties automatically imposed for assertions of the privilege. Neither extreme, however, represents a satisfactory resolution of the conflicting interests …
Introduction To Book Iv, Thomas A. Green
Introduction To Book Iv, Thomas A. Green
Other Publications
The final volume of Blackstone's Commentaries sets forth a·lucid survey of crime and criminal procedure informed by those propositions concerning English law and the relations between man and state that characterize the entire work. Perhaps no area of the law so tested Blackstone's settled and complacent views as did the criminal law, particularly the large and growing body of statutory capital crimes. In the end, Blackstone failed to demonstrate that English criminal law reflected a coherent set of principles, but his intricate and often internally contradictory attempt nevertheless constitutes a classic description of that law, and can still be read …
Plea Bargaining Reexamined (Review Of Milton Heumann, Plea Bargaining: The Experiences Of Prosecutors, Judges, And Defense Attorneys), Lynn M. Mather
Plea Bargaining Reexamined (Review Of Milton Heumann, Plea Bargaining: The Experiences Of Prosecutors, Judges, And Defense Attorneys), Lynn M. Mather
Book Reviews
No abstract provided.
Plea Bargaining: The Experiences Of Prosecutors, Judges, And Defense Attorneys, James E. Bond
Plea Bargaining: The Experiences Of Prosecutors, Judges, And Defense Attorneys, James E. Bond
Faculty Articles
James E. Bond reviews Heuman’s Plea Bargaining: The Experiences of Prosecutors, Judges, and Defense Attorneys.
Joinder And Severance, Paul C. Giannelli, Peter Joy
Joinder And Severance, Paul C. Giannelli, Peter Joy
Faculty Publications
No abstract provided.
The Exclusionary Rule In Historical Perspective: The Struggle To Make The Fourth Amendment More Than 'An Empty Blessing', Yale Kamisar
The Exclusionary Rule In Historical Perspective: The Struggle To Make The Fourth Amendment More Than 'An Empty Blessing', Yale Kamisar
Articles
In the 65 years since the Supreme Court adopted the exclusionary rule, few critics have attacked it with as much vigor and on as many fronts as did Judge Malcolm Wilkey in his recent Judicature article, "The exclusionary rule: why suppress valid evidence?" (November 1978).
Review Of Society And Homicide In Thirteenth-Century England, Thomas A. Green
Review Of Society And Homicide In Thirteenth-Century England, Thomas A. Green
Reviews
JAMES GIVEN has produced the first systematic book-length treatment of the sociology of medieval English crime. His work does not pretend to be comprehensive: it deals only with homicide. Nor does it cover more than a century, the thirteenth; the author has wisely left the earlier system of criminal law, based on private compensation, to other scholars, and he says just enough about late thirteenth- and early fourteenth- century social and legal change to suggest he believes that that period, too, must await its own interpretation. Still, the social history of homicide in the thirteenth century proves itself fascinating terrain, …
Wayward Children And The Law, 1820-1900: The Genesis Of The Status Offense Jurisdiction Of The Juvenile Court, Peter D. Garlock
Wayward Children And The Law, 1820-1900: The Genesis Of The Status Offense Jurisdiction Of The Juvenile Court, Peter D. Garlock
Law Faculty Articles and Essays
Since the United States Supreme Court's decision in In re Gault in 1967, in which due process rights were extended to juvenile delinquency proceedings which might result in commitment of youths to reformatory institutions, numerous courts, legislatures, and private study commissions have been re-examining the rights and obligations of young people in contemporary American society. In this ongoing debate over juvenile jurisprudence, perhaps no issue has provoked as much controversy as the question of whether juvenile courts should continue to exercise jurisdiction over juvenile "status offenses"--those unique forms of deviant behavior which are illegal only for minors. It is not …
Multiple Representation And Conflicts Of Interest In Criminal Cases, Peter W. Tague
Multiple Representation And Conflicts Of Interest In Criminal Cases, Peter W. Tague
Georgetown Law Faculty Publications and Other Works
Conflicts of interest resulting from multiple representation in criminal cases impose heavy burdens on all the participants in the criminal justice system. Although the Supreme Court in Holloway v. Arkansas refused to hold that joint representation is unconstitutional per se, it recently approved Proposed Rule of Criminal Procedure 44(c), which would require trial courts to protect a defendant's right to counsel in this situation. After discussing the current approaches of the courts to the problems presented by joint representation, Professor Tague analyzes the proposed rule. He criticizes the proposed rule for its failure to define the role of the trial …
A Defense Of The Exclusionary Rule, Yale Kamisar
A Defense Of The Exclusionary Rule, Yale Kamisar
Articles
The exclusionary rule is being flayed with increasing vigor by a number of unrelated sources and with a variety of arguments. Some critics find it unworkable and resort to empirically based arguments. Others see it as the product of a belated and unwarranted judicial interpretation. Still others, uncertain whether the rule works, are confident that in some fashion law enforcement's hands are tied. Professor Yale Kamisar, long a defender of the exclusionary rule, reviews the current attacks on the rule and offers a vigorous rebuttal. He finds it difficult to accept that there is a line for acceptable police conduct …
Exclusionary Rule: Reasonable Remarks On Unreasonable Search And Seizure, Yale Kamisar
Exclusionary Rule: Reasonable Remarks On Unreasonable Search And Seizure, Yale Kamisar
Articles
Can we live with the so-called exclusionary rule, which bars the use of illegally gained evidence in criminal trials? Can the Fourth Amendment live without it? A growing number of lawyers and judges, including Chief Justice Warren Burger, have called for abandonment of the rule, usually on the ground that it has not prevented illegal searches and seizures and on the ground that the rule has contributed significantly to the increase in crime. No one has convincingly demonstrated a causal link between the high rate of crime in America and the exclusionary rule, and I do not believe that any …
Should Intolerable Prison Conditions Generate A Justification Or An Excuse For Escape?, George P. Fletcher
Should Intolerable Prison Conditions Generate A Justification Or An Excuse For Escape?, George P. Fletcher
Faculty Scholarship
In the last five years, appellate courts have responded sympathetically to the claims of prisoners who have escaped to avoid the threat of physical violence and homosexual rape. Lovercamp began the trend in 1974. Today the reports are replete with reversals directing trial courts to hear evidence bearing on the conditions that prompted the escape.
The courts have moved so quickly into this new field that they have had little chance to refine the underlying rationale for admitting the evidence. Appellate opinions, as well as several commentators, have sought to squeeze the new issue into one of three received doctrinal …