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Full-Text Articles in Law
Carter V. Kentucky, Lewis F. Powell Jr
The New Iowa Criminal Code: Part Ii, Kermit L. Dunahoo
The New Iowa Criminal Code: Part Ii, Kermit L. Dunahoo
Faculty Publications
No abstract provided.
The New Iowa Criminal Code, Kermit L. Dunahoo
The New Iowa Criminal Code, Kermit L. Dunahoo
Faculty Publications
No abstract provided.
The Cry Of Wolfish In The Federal Courts: The Future Of Federal Judicial Intervention In Prison Administration, Ira Robbins
The Cry Of Wolfish In The Federal Courts: The Future Of Federal Judicial Intervention In Prison Administration, Ira Robbins
Articles in Law Reviews & Other Academic Journals
Introduction: In Bell v. Wolfish, the United States Supreme Court held that, with respect to conditions or restrictions having no specific constitutional source for protection, a pretrial detainee in a federal correctional center has a right under the due process clause of the fifth amendment to be free from any punitive conditions or restrictions during detention. The Court further held that all of the challenged practices and conditions were valid because they were rationally related to the legitimate non-punitive purposes of the detention center. Thus, the correctional facility could place two detainees in a cell built for one, prohibit receipt …
Solipsism And Criminal Liability, Ira Robbins
Solipsism And Criminal Liability, Ira Robbins
Articles in Law Reviews & Other Academic Journals
A viable legal system and a free society can endure and progress only by continuing to debate fundamental principles. Thus, often it is useful to return to underlying precepts in order to refine and comprehend more fully the contemporary state of knowledge. This article posits the case of the solipsist-one who denies the existence of all physical reality and maintains that his own ego alone exists-as a criminal defendant. Others, most notably Professor Lon L. Fuller, have expounded upon the manifold ways in which certain harsh necessities, externally impose upon common people, can test the rules of the criminal law. …
Material Witness And Material Injustice, Ronald L. Carlson, Mark S. Voelpel
Material Witness And Material Injustice, Ronald L. Carlson, Mark S. Voelpel
Scholarly Works
No serious student of the adversary system can ignore the grave threat to the integrity of the American witness process posed by this nation’s material witness statutes. These outmoded laws, some dating back to the territorial period of a state’s history, are not invoked in every case, perhaps not even routinely, but when dusted off and put into operation, these archaic statutes result in innocent citizens spending weeks – even months – in custody. To remedy such injustices the authors, after examining cases decided and legislation adopted during the last ten years, will propose a model material witness law that …