Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Washington and Lee University School of Law (9)
- St. Mary's University (6)
- University of Michigan Law School (6)
- Villanova University Charles Widger School of Law (6)
- Selected Works (4)
-
- University of Washington School of Law (4)
- American University Washington College of Law (3)
- Cleveland State University (3)
- Florida State University College of Law (3)
- University of Arkansas at Little Rock William H. Bowen School of Law (3)
- University of Kentucky (3)
- Brigham Young University Law School (2)
- Columbia Law School (2)
- Maurer School of Law: Indiana University (2)
- UIC School of Law (2)
- University of Colorado Law School (2)
- University of Richmond (2)
- Vanderbilt University Law School (2)
- West Virginia University (2)
- Georgetown University Law Center (1)
- Notre Dame Law School (1)
- Penn State Law (1)
- The Peter A. Allard School of Law (1)
- University at Buffalo School of Law (1)
- University of Georgia School of Law (1)
- University of Missouri-Kansas City School of Law (1)
- University of Pennsylvania Carey Law School (1)
- William & Mary Law School (1)
- Keyword
-
- Criminal Procedure (8)
- Criminal procedure (8)
- Police (8)
- Criminal Law (7)
- Criminal law (6)
-
- Constitutional Law (5)
- Evidence (5)
- Confessions (4)
- Criminal justice (4)
- Right to counsel (4)
- United States Supreme Court (4)
- Admissibility (3)
- Bail (3)
- Crime (3)
- Criminal Law and Procedure (3)
- Discretion (3)
- Miranda v. Arizona (3)
- Plea bargaining (3)
- Policing (3)
- Search and Seizure (3)
- Arrest (2)
- Civil Procedure (2)
- Court appearance (2)
- Death penalty (2)
- Due Process (2)
- Exclusionary rule (2)
- Fifth Amendment (2)
- Fourth Amendment (2)
- Georgetown Law Journal (2)
- Habeas Corpus (2)
- Publication
-
- Supreme Court Case Files (7)
- St. Mary's Law Journal (6)
- Villanova Law Review (6)
- Washington Law Review (4)
- Articles (3)
-
- Articles in Law Reviews & Other Academic Journals (3)
- Cleveland State Law Review (3)
- Florida State University Law Review (3)
- University of Arkansas at Little Rock Law Review (3)
- Articles by Maurer Faculty (2)
- BYU Law Review (2)
- David Aaronson (2)
- Faculty Scholarship (2)
- Journal Articles (2)
- Kentucky Law Journal (2)
- Publications (2)
- Richard Adelstein (2)
- UIC Law Review (2)
- University of Michigan Journal of Law Reform (2)
- University of Richmond Law Review (2)
- Vanderbilt Law Review (2)
- Washington and Lee Law Review (2)
- West Virginia Law Review (2)
- All Faculty Publications (1)
- All Faculty Scholarship (1)
- Buffalo Law Review (1)
- Faculty Publications (1)
- Faculty Works (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Law Faculty Scholarly Articles (1)
- Publication Type
Articles 31 - 60 of 75
Full-Text Articles in Law
Reflections On Opposing The Penalty Of Death., Charles L. Black Jr.
Reflections On Opposing The Penalty Of Death., Charles L. Black Jr.
St. Mary's Law Journal
Abstract Forthcoming.
Preventive Detention And Equal Protection Of The Law In Texas., Mark Stevens
Preventive Detention And Equal Protection Of The Law In Texas., Mark Stevens
St. Mary's Law Journal
Abstract Forthcoming.
Procedural Due Process And The Rules Of Evidence—Federal Impeachment Of The Voucher Rules—Welcome V. Vincent, 549 F.2d 853 (2d Cir.), Cert. Denied, 97 S. Ct. 2960 (1977), Bruce D. Garrison
Procedural Due Process And The Rules Of Evidence—Federal Impeachment Of The Voucher Rules—Welcome V. Vincent, 549 F.2d 853 (2d Cir.), Cert. Denied, 97 S. Ct. 2960 (1977), Bruce D. Garrison
Washington Law Review
Appellant, Ernest Welcome, was convicted in a New York state supreme court on charges of murdering two real estate brokers in their Bronx office. Before indicting Welcome, the State tried another party, Albert Cunningham, for the same offenses. Cunningham had admitted his participation in the crimes to police, giving an accurate account of the date, time, and location of the shootings. After a separate evidentiary hearing, the state court held that his confession to police had been voluntary and thus was admissible against him. Nevertheless, the charges against Cunningham were dropped in mid-trial. At his trial, Welcome called Cunningham as …
Improving Police Discretion: Rationality In Handling Public Inebriates Part Ii, David Aaronson , C. Dienes, Michael Musheno
Improving Police Discretion: Rationality In Handling Public Inebriates Part Ii, David Aaronson , C. Dienes, Michael Musheno
Articles in Law Reviews & Other Academic Journals
In 1913 Eugene Ehrlich spoke of the living law when he stated that "[a]t the present as well as at any other time, the center of gravity of legal development lies not in legislation, nor in juristic science, nor in judicial decision, but in society itself.' This article is premised on the belief that Ehrlich's perception is as valid today as it was then. If you want to know the law relating to public intoxication you cannot be content with the statutes and ordinances, in the court decisions nor even the administrative rules and regulations of those charged with enforcing …
Bordenkircher V. Hayes: Ignoring Prosecutorial Abuses In Plea Bargaining, Stephen F. Ross
Bordenkircher V. Hayes: Ignoring Prosecutorial Abuses In Plea Bargaining, Stephen F. Ross
Journal Articles
In Bordenkircher v. Hayes, the United States Supreme Court upheld a conviction on a charge the prosecutor admittedly filed solely because the defendant refused to plead guilty to another set of charges. Hayes is a sudden departure from a line of cases in which the Court refused to allow prosecutorial charging decisions to be made to discourage a criminal defendant from exercising constitutional or procedural rights. The decision effectively removes plea bargaining from its constitutional premise: the "mutuality of advantage" between the prosecutor and the defendant. Rather than approving the broad exercise of prosecutorial discretion in plea negotiations, the …
Changing The Public Drunkenness Laws: The Impact Of Decriminalization, David Aaronson
Changing The Public Drunkenness Laws: The Impact Of Decriminalization, David Aaronson
Articles in Law Reviews & Other Academic Journals
Laws that decriminalize public drunkenness continue to use the police as the major intake agent for public inebriates under the "new" public health model of detoxification and treatment. Assuming that decriminalization introduces many disincentives to police intervention using legally sanctioned procedures, we hypothesize that it will be fol- lowed by a statistically significant decline in the number of public inebriates formally handled by the police in the manner designated by the "law in the books." Using an "interrupted time-series quasi- experiment" based on a "stratified multiple-group single-I design," we confirm this hypothesis for Washington, D.C., and Minneapolis, Minnesota. However, through …
Criminal Procedure - Due Process Is Not Violated When Prosecutor Carries Out Threat To Bring Increased Charges After Defendant Refuses To Plead Guilty During Plea Bargaining Session, Catherine N. Jasons
Criminal Procedure - Due Process Is Not Violated When Prosecutor Carries Out Threat To Bring Increased Charges After Defendant Refuses To Plead Guilty During Plea Bargaining Session, Catherine N. Jasons
Villanova Law Review
No abstract provided.
Criminal Procedure - Statements Made During A Prearraignment Delay That Exceeds Six Hours Ruled Inadmissible In Pennsylvania, Carol J. Young
Criminal Procedure - Statements Made During A Prearraignment Delay That Exceeds Six Hours Ruled Inadmissible In Pennsylvania, Carol J. Young
Villanova Law Review
No abstract provided.
Collateral Attacks On Convictions: A Survey Of Federal Remedies, 12 J. Marshall J. Prac. & Proc. 27 (1978), Martha A. Mills, Sue A. Herrmann
Collateral Attacks On Convictions: A Survey Of Federal Remedies, 12 J. Marshall J. Prac. & Proc. 27 (1978), Martha A. Mills, Sue A. Herrmann
UIC Law Review
No abstract provided.
The Unprivileged Status Of The Fifth Amendment Privilege, Mark Berger
The Unprivileged Status Of The Fifth Amendment Privilege, Mark Berger
Faculty Works
No abstract provided.
Improving Police Discretion Rationality In Handling Public Inebriates Part Ii, David Aaronson
Improving Police Discretion Rationality In Handling Public Inebriates Part Ii, David Aaronson
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Jurors' Impeachment Of Verdicts And Indictments In Federal Court Under Rule 606(B), Christopher B. Mueller
Jurors' Impeachment Of Verdicts And Indictments In Federal Court Under Rule 606(B), Christopher B. Mueller
Publications
No abstract provided.
The Supreme Court, Warrantless Searches, And Exigent Circumstances, Richard A. Williamson
The Supreme Court, Warrantless Searches, And Exigent Circumstances, Richard A. Williamson
Faculty Publications
No abstract provided.
Miranda V. Arizona: The Emerging Pattern, Evelyn G. Skaltsounis
Miranda V. Arizona: The Emerging Pattern, Evelyn G. Skaltsounis
University of Richmond Law Review
In Miranda v. Arizona, the United States Supreme Court set forth a series of specific guidelines to determine the admissibility at trial of statements elicited during police interrogation of a criminal suspect. Since 1971, the Burger Court has whittled away at the mandates of Miranda. It is possible that one major factor underlies this erosion process: the very frustrating reality that, in many situations, an obviously guilty party is allowed to go free because "the constable has blundered."
Prison Inmate Marriages: A Survey And A Proposal, Jackson M. Bruce, John M. Claytor, Herman C. Daniel Iii
Prison Inmate Marriages: A Survey And A Proposal, Jackson M. Bruce, John M. Claytor, Herman C. Daniel Iii
University of Richmond Law Review
This comment explores one facet of the issue of inmate civil rights: the right to marry. An analysis will be made of the current situation nationwide with particular emphasis on Virginia, including proposed guidelines for Virginia's Department of Corrections that reflect the current national trend with regard to inmate marriages.
Book Review. Right To Counsel In Criminal Cases By Sheldon Krantz, Et. Al., Patrick L. Baude
Book Review. Right To Counsel In Criminal Cases By Sheldon Krantz, Et. Al., Patrick L. Baude
Articles by Maurer Faculty
No abstract provided.
Pretrial Discovery And Inspection - New Criminal Rules For Pennsylvania, Madeline Hartsell Lamb
Pretrial Discovery And Inspection - New Criminal Rules For Pennsylvania, Madeline Hartsell Lamb
Villanova Law Review
No abstract provided.
Theory And Reform Of Criminal Law, Jerome Hall
Theory And Reform Of Criminal Law, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Prosecutorial Discretion, Plea Bargaining And The Supreme Court's Opinion In Bordenkircher V. Hayes, William T. Pizzi
Prosecutorial Discretion, Plea Bargaining And The Supreme Court's Opinion In Bordenkircher V. Hayes, William T. Pizzi
Publications
No abstract provided.
An Examination Of The Naming Requirement Of Tittle Iii In Light Of United States V. Donovan - A Case For Suppression, William D. Goldberg
An Examination Of The Naming Requirement Of Tittle Iii In Light Of United States V. Donovan - A Case For Suppression, William D. Goldberg
Villanova Law Review
No abstract provided.
Criminal Procedure--Recent Developments In West Virginia--Boyd, Mcaboy, And Cannellas, Joseph M. Price
Criminal Procedure--Recent Developments In West Virginia--Boyd, Mcaboy, And Cannellas, Joseph M. Price
West Virginia Law Review
No abstract provided.
Postconviction Habeas Corpus Relief In Georgia: A Decade After The Habeas Corpus Act, Donald E. Wilkes Jr.
Postconviction Habeas Corpus Relief In Georgia: A Decade After The Habeas Corpus Act, Donald E. Wilkes Jr.
Scholarly Works
Part II of this Article will highlight the grounds for relief from a conviction or sentence that were available to a Georgia prisoner prior to 1967 and the procedural obstacles to relief that existed. Part III will explore the grounds for relief currently available, and Part IV will examine the procedural obstacles to postconviction relief that remain. Part V will briefly summarize the availability of postconfiction relief in federal court to determine whether the 1967 Act has in fact eliminated the friction between the state courts and the federal courts.
Pennslyvania V. Mimms: Continued Erosion Of Fourth Amendment Safeguards, 12 J. Marshall J. Prac. & Proc. 207 (1978), Christine Campbell
Pennslyvania V. Mimms: Continued Erosion Of Fourth Amendment Safeguards, 12 J. Marshall J. Prac. & Proc. 207 (1978), Christine Campbell
UIC Law Review
No abstract provided.
Why Do We Punish?: The Case For Retributive Justice, Joseph Weiler
Why Do We Punish?: The Case For Retributive Justice, Joseph Weiler
All Faculty Publications
The never-ending debate about the substantive and procedural rules in our criminal justice system rarely addresses itself to the most fundamental question- why do we punish at all? The answer to this threshold question has traditionally taken one of two lines, retributionist or utilitarian. On the one hand, there is the view that punishment of the morally derelict is its own justification for it is right for the wicked to be punished. This imperative flows from a view of the very nature of man as a responsible moral agent to whom rewards or punishment should be assessed according to the …
Guiding Capital Sentencing Discretion Beyond The "Boiler Plate": Mental Disorder As A Mitigating Factor, James S. Liebman, Michael J. Shepard
Guiding Capital Sentencing Discretion Beyond The "Boiler Plate": Mental Disorder As A Mitigating Factor, James S. Liebman, Michael J. Shepard
Faculty Scholarship
In five decisions handed down on July 2, 1976, the United States Supreme Court held that the death penalty may be imposed for the crime of murder, so long as there are clear standards to guide the sentencing authority and the sanction is not imposed mandatorily. The authors examine the eighth amendment doctrinal framework used by the Court in the July 2 Cases, with particular reference to the requirement that individualized mitigating information be considered in the sentencing decision. Illustrating that requirement, they contend that mental disorder should be considered as a possibly mitigating factor and then suggest a standard …
An Historical Perspective On The Attorney-Client Privilege, Geoffrey C. Hazard Jr.
An Historical Perspective On The Attorney-Client Privilege, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
A Trial Court Working With Rule 1100, Merna B. Marshall, Joseph H. Reiter
A Trial Court Working With Rule 1100, Merna B. Marshall, Joseph H. Reiter
Villanova Law Review
No abstract provided.
Constitutional Law - Corrections - Prisoners' Constitutional Right Of Access To Courts Imposes Duty On State To Provide Prison Law Libraries, Amanda M. Shaw
Constitutional Law - Corrections - Prisoners' Constitutional Right Of Access To Courts Imposes Duty On State To Provide Prison Law Libraries, Amanda M. Shaw
Villanova Law Review
No abstract provided.
Telephonic Search Warrants: A New Equation For Exigent Circumstances, Edward F. Marek
Telephonic Search Warrants: A New Equation For Exigent Circumstances, Edward F. Marek
Cleveland State Law Review
The availability of a telephonic or radio-obtained search warrant has changed the equation used by the courts in determining the exigency of a given situation which is claimed to justify a warrantless search. This Article will examine the change in the exigent circumstances equation. It will also focus on the impact of Rule 41(c)(2) on judicial remedies for warrantless searches. These remedies include suppression on traditional Fourth Amendment grounds, as well as the use of a federal court's supervisory power over the administration of criminal justice.