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1991

Criminal Law

Institution
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Articles 1 - 30 of 51

Full-Text Articles in Law

Media Coverage Of Law: Its Impact On Juries And The Public, Valerie P. Hans, Juliet Dee Dec 1991

Media Coverage Of Law: Its Impact On Juries And The Public, Valerie P. Hans, Juliet Dee

Cornell Law Faculty Publications

Because most of the public has little direct experience with the justice system, public knowledge and views of law and the legal system are largely dependent on media representations. The media provide many lessons about law and justice. In the average American household, a TV set is on for over 7 hours each day, and individual members of the family watch television for about 3 hours. Television news and police and crime dramas account for a substantial amount of incidental learning about the nature of the legal system. Newspapers and films also contribute to the public's knowledge and attitudes about …


Implementing Corruption Prevention Strategies Through Codes Of Conduct, Mark Findlay, Andrew Stewart Nov 1991

Implementing Corruption Prevention Strategies Through Codes Of Conduct, Mark Findlay, Andrew Stewart

Research Collection Yong Pung How School Of Law

The concept of a code of conduct, as it appears in corruption prevention strategies, could be viewed as rather misleading. While dealing with conduct in some preferred or preemptive sense, these frameworks for "guidelines" bear little resemblance to prescriptive legal codes.


Making Jails Productive, Us Department Of Justice Oct 1991

Making Jails Productive, Us Department Of Justice

National Institute of Justice Research in Brief

No abstract provided.


The Admissibility Of Hypnotically Enhanced Testimony In Criminal Trials, Gary Shaw Oct 1991

The Admissibility Of Hypnotically Enhanced Testimony In Criminal Trials, Gary Shaw

Scholarly Works

No abstract provided.


Private Security: Patterns And Trends, Us Department Of Justice Aug 1991

Private Security: Patterns And Trends, Us Department Of Justice

National Institute of Justice Research in Brief

No abstract provided.


Confessions, Criminals, And Community, Sheri Lynn Johnson Jul 1991

Confessions, Criminals, And Community, Sheri Lynn Johnson

Cornell Law Faculty Publications

No abstract provided.


Should Michigan Rule Of Evidence 703 Be Revised?, Brian Benner, Ronald L. Carlson Jun 1991

Should Michigan Rule Of Evidence 703 Be Revised?, Brian Benner, Ronald L. Carlson

Popular Media

Technical witnesses regularly assist the fact-finding process in Michigan trials. Jury or bench trials in federal and state courts routinely feature the appearance of experts. Properly policed by our courts, few forms of testimony hold more promise for advancing the truth-seeking function of American litigation. The expanding presence of experts raises hard questions. Are the Michigan rules in turn with modern needs? Should the state rule controlling the basis for expert opinion be aligned with the federal pattern? If Michigan Rule of Evidence 703 could stand revision, does proper alteration require significant additions not presently contained in either state or …


Corruption Control And Monstering: Government Agendas, Community Expectations And The Icac Solution, Mark Findlay Mar 1991

Corruption Control And Monstering: Government Agendas, Community Expectations And The Icac Solution, Mark Findlay

Research Collection Yong Pung How School Of Law

In 1818, the Governor of the Chinese province of Shansi reported the case of Chan Lin who, while gatekeeper for the district magistrate, maintained "external criminal connections". Using his position he endeavoured to get a money changer to accept for exchange more than 300 ounces of sub-standard silver. Upon being rebuffed he took steps to have the money changer locked up. The Board of Punishments (which was a senior court of appeal in China during that period) held that because the act differed in no way from extortion as practised by rapacious government underlings, it would be improper to show …


Challenging Public Investigative Reports: How To Fight The Hearsay Exception, Steven P. Grossman, Stephen J. Shapiro Feb 1991

Challenging Public Investigative Reports: How To Fight The Hearsay Exception, Steven P. Grossman, Stephen J. Shapiro

All Faculty Scholarship

This paper discusses how attorneys can argue against having government and public reports admitted into evidence at trial that would be damaging to their client. When this paper was done, such reports were admitted via Federal Rule of Evidence 803(8)(C). The authors argue that it is possible to challenge admission of factual findings in public reports despite various court decisions which make this difficult.


Federal Habeas Review Of New York Convictions: Relieving The Tensions, Roger J. Miner '56 Jan 1991

Federal Habeas Review Of New York Convictions: Relieving The Tensions, Roger J. Miner '56

Bar Associations

No abstract provided.


A Beyond A Reasonable Doubt Standard In Death Penalty Proceedings: A Neglected Element Of Fairness, Linda Carter Jan 1991

A Beyond A Reasonable Doubt Standard In Death Penalty Proceedings: A Neglected Element Of Fairness, Linda Carter

McGeorge School of Law Scholarly Articles

No abstract provided.


A Limited Role For The Legal System In Responding To Maternal Substance Abuse During Preganacy, John E.B. Myers Jan 1991

A Limited Role For The Legal System In Responding To Maternal Substance Abuse During Preganacy, John E.B. Myers

McGeorge School of Law Scholarly Articles

No abstract provided.


Reconsidering Rehabilitation, Michael Vitiello Jan 1991

Reconsidering Rehabilitation, Michael Vitiello

McGeorge School of Law Scholarly Articles

No abstract provided.


Crime And Punishment In The Federal Courts, Roger J. Miner '56 Jan 1991

Crime And Punishment In The Federal Courts, Roger J. Miner '56

Criminal Law

No abstract provided.


New York Law School — Final Examinations, Roger J. Miner '56 Jan 1991

New York Law School — Final Examinations, Roger J. Miner '56

New York Law School Events and Publications

No abstract provided.


Start Making Sense: An Analysis And Proposal For Insider Trading Regulation, Jill E. Fisch Jan 1991

Start Making Sense: An Analysis And Proposal For Insider Trading Regulation, Jill E. Fisch

All Faculty Scholarship

No abstract provided.


"A Strange Liking": Our Admiration For Criminals, Martha Grace Duncan Jan 1991

"A Strange Liking": Our Admiration For Criminals, Martha Grace Duncan

Faculty Articles

This article explores noncriminals' admiration for the lawbreaker. Drawing on literature, films, history, and psychoanalysis, the article seeks to delineate and explain this paradox. Each part of the article adopts a different approach to the subject of admiration for criminals. Part II, "Reluctant Admiration," sets the stage by presenting evidence that such admiration, and conflict over it, are pervasive. Parts III and IV present two quite different strategies that noncriminals employ to cope with their inner conflict over criminality. Thus, Part III, "Rationalized Admiration," depicts noncriminals who express undisguised enjoyment in, and reverence for, criminals. These noncriminals justify their attraction …


Domestic Violence Against Women: A Comparative Analysis Of Remedies Under The American And Indian Legal Systems, Anita Elizabeth Jacob Ninan Jan 1991

Domestic Violence Against Women: A Comparative Analysis Of Remedies Under The American And Indian Legal Systems, Anita Elizabeth Jacob Ninan

LLM Theses and Essays

The purpose of this thesis is to compare the legal remedies available to women who are the victims of domestic violence in the United States and India and analyze whether the existing laws in the two systems are effective and sufficient in combating this growing problem. Domestic violence against women is a reality. It haunts the female species form the cradle to the grave, manifesting itself in sociocultural crime peculiar to some societies like India, such as female feticide, female infanticide, bride burning dowry deaths, and wife battering (both a developing country like India and an economically developed country like …


Equal Protection And The Procedural Bar Doctrine In Federal Habeas Corpus, Laura Gaston Dooley Jan 1991

Equal Protection And The Procedural Bar Doctrine In Federal Habeas Corpus, Laura Gaston Dooley

Law Faculty Publications

No abstract provided.


Survey Of Recent Developments In Indiana Criminal Law And Procedure, Bruce G. Berner, David E. Vandercoy Jan 1991

Survey Of Recent Developments In Indiana Criminal Law And Procedure, Bruce G. Berner, David E. Vandercoy

Law Faculty Publications

No abstract provided.


Defending The Death Penalty Case: What Makes Death Different?, Andrea Lyon Jan 1991

Defending The Death Penalty Case: What Makes Death Different?, Andrea Lyon

Law Faculty Publications

No abstract provided.


Allocating The Costs Of Parental Free Exercise : Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment, Paula A. Monopoli Jan 1991

Allocating The Costs Of Parental Free Exercise : Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment, Paula A. Monopoli

Faculty Scholarship

No abstract provided.


The Admissibility Of Dna Evidence, David H. Kaye Jan 1991

The Admissibility Of Dna Evidence, David H. Kaye

Journal Articles

In contrast to the widespread acceptance of red blood cell grouping, blood serum protein and enzyme analysis, and HLA typing, the evidentiary status of forensic applications of recombinant-DNA technology is in flux. A proper evidentiary analysis must attend to the fact that there is no single method of DNA typing. As with the more established genetic tests, the probative value of the laboratory findings depends both on the procedure employed and the genetic characteristics that are discerned. This paper describes some of these procedures and the theory that lies behind them, and then considers the developing case law. Given the …


Habeas Corpus, Qualified Immunity, And Crystal Balls: Predicting The Course Of Constitutional Law, Kit Kinports Jan 1991

Habeas Corpus, Qualified Immunity, And Crystal Balls: Predicting The Course Of Constitutional Law, Kit Kinports

Journal Articles

After describing the basic legal and policy issues surrounding the qualified immunity defense and the use of novelty to explain procedural defaults in habeas cases, Part I of this article advocates a standard for both types of cases that asks whether a person exercising reasonable diligence in the same circumstances would have been aware of the relevant constitutional principles. With this standard in mind, Part II examines the qualified immunity defense in detail, concluding that in many cases public officials are given immunity even though they unreasonably failed to recognize the constitutional implications of their conduct. Part III compares the …


Driving Under The Influence In Illinois, 22 Loy. U. Chi. L.J. 551 (1991), Robert G. Johnston, Thomas P. Higgins Jan 1991

Driving Under The Influence In Illinois, 22 Loy. U. Chi. L.J. 551 (1991), Robert G. Johnston, Thomas P. Higgins

UIC Law Open Access Faculty Scholarship

No abstract provided.


Habeas Corpus Committee - Correspondence, Lewis F. Powell Jr. Jan 1991

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

Habeas Corpus Committee

No abstract provided.


Judicial Misconduct During Jury Deliberations, Bennett L. Gershman Jan 1991

Judicial Misconduct During Jury Deliberations, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

The author considers the two principal types of improper judicial behavior that may occur during the jury deliberation process. Judicial conduct that attempts to place undue pressure on a jury to reach a verdict may include verdict-urging instructions, threats and intimidation, and inquiry into the numerical division of the jury on the merits of the verdict. Judicial participation in private, ex parte communications with jurors may also subvert orderly trial procedure and undermine the impartiality of the jury. Neither kind of judicial conduct may be allowed to compel a verdict from a jury.


Frank Miller And The Decision To Prosecute, Wayne A. Logan, Frank J. Remington Jan 1991

Frank Miller And The Decision To Prosecute, Wayne A. Logan, Frank J. Remington

Scholarly Publications

No abstract provided.


International Year In Review: Developments In International Criminal Law, Christopher L. Blakesley Jan 1991

International Year In Review: Developments In International Criminal Law, Christopher L. Blakesley

Scholarly Works

In this piece Professor Blakesley provides remarks on recent developments in International Criminal Law.


Be All You Can Be (Without The Protection Of The Constitution), Keith M. Harrison Jan 1991

Be All You Can Be (Without The Protection Of The Constitution), Keith M. Harrison

Law Faculty Scholarship

[Excerpt] “Despite the generous inclusion by President Reagan of the many soldiers, sailors, airmen, and marines in the concept of "the people" of this republic, it is not altogether dear whether one whose status has changed from ordinary "citizen" to "a member of the armed forces" can legitimately claim any of the constitutional protections of citizenship until he or she is no longer a member of the armed forces. In the course of this nation's history the Supreme Court has denied some or all of the protection of the Constitution to many groups of people, including African-Americans, 2 women,3 Native …