Law Commons^™

Race And The Decision To Detain A Suspect, Sheri Johnson

Cornell Law Faculty Publications

No abstract provided.

When Guilt Should Be Irrelevant: Government Overreaching As A Bar To Reprosecution Under The Double Jeopardy Clause After Oregon V. Kennedy, James F. Ponsoldt

Scholarly Works

This article examines the effect of Oregon v. Kennedy on the Burger Court's double jeopardy jurisprudence in cases where government misconduct has interfered with the integrity of a first trial. The article proposes the complete elimination of current distinctions between mistrial and appellate reversal cases for double jeopardy analysis, on the ground that those distinctions no longer have intellectual or practical support. Moreover, against the contention of the Court in Oregon v. Kennedy that any test for overreaching necessarily would be standardless, this article proposes the adoption of a "plain error" standard. Under this test, "plain" government error, engaged in …

Schall V. Martin, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

James V. Kentucky, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

Segura V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Press-Enterprise Co. V. Superior Court Of California, Riverside County, Lewis F. Powell Jr

Supreme Court Case Files

No abstract provided.

John Hinckley, Jr. And The Insanity Defense: The Public's Verdict, Valerie P. Hans, Dan Slater

Cornell Law Faculty Publications

Public furor over the Not Guilty by Reason of Insanity verdict in the trial of John Hinckley, Jr. already has stimulated legal changes in the insanity defense. This study documents more systematically the dimensions of negative public opinion concerning the Hinckley verdict. A survey of Delaware residents shortly after the trial's conclusion indicated that the verdict was perceived as unfair, Hinckley was viewed as not insane, the psychiatrists' testimony at the trial was not trusted, and the vast majority thought that the insanity defense was a loophole. However, survey respondents were unable to define the legal test for insanity and …

Jury Vetting: The Jury Under Attack, Peter Duff, Mark Findlay

Research Collection Yong Pung How School Of Law

The English jury has recently been undergoing various alterations. These changes have their roots in assumptions, often not clearly identified, about the nature and purpose of the jury within the criminal justice system. Once the purpose and ideals of the jury system are identified, and there may be arguments about what they are,' it becomes apparent that there may be a conflict about how they should be put into practice. The state and its agencies may take one view whilst others may differ. An example of one such conflict is the controversy over the newly discovered practice of 'jury vetting'.

The Hearsay Exception For Public Records In Federal Criminal Trials, Vincent C. Alexander

Faculty Publications

The hearsay exception for "public records" was recognized at common law and has been further developed in most jurisdictions by statute. The reliability of public records is said to derive from the presumption of regularity and accuracy that attends the recording of events by public officials. As with the hearsay exception for recordsmade in the regular course of a private business, the reliability of many public records is enhanced by the routine and repetitive circumstancesunder which such records are made. An additional justificationfor the admission of public records is public convenience: If government employees are continually required to testify in …

The Availability Of A First Appearance And Preliminary Hearing - Now You See Them, Now You Don't, Linda A. Malone

Faculty Publications

No abstract provided.

Toward A Common Law For Undercover Investigations - A Book Review Of Abscam Ethics: Moral Issues And Deception In Law Enforcement, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

The Silent Revolution, Faust Rossi

Cornell Law Faculty Publications

No abstract provided.

The Habeas Corpus Certificate Of Probable Cause, Ira P. Robbins

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Does (Did) (Should) The Exclusionary Rule Rest On A 'Principled Basis' Rather Than An 'Empirical Proposition'?, Yale Kamisar

Articles

[U]ntil the [exclusionary rule] rests on a principled basis rather than an empirical proposition, [the rule] will remain in a state of unstable equilibrium. Mapp v. Ohio, which overruled the then twelve-year-old Wolf case and imposed the fourth amendment exclusionary rule (the Weeks doctrine) on the states as a matter of fourteenth amendment due process, seemed to mark the end of an era. Concurring in Mapp, Justice Douglas recalled that Wolf had evoked "a storm of constitutional controversy which only today finds its end."' But in the two decades since Justice Douglas made this observation, the storm of controversy has …

What Now For The Insanity Defense?, Fernand N. Dutile, Thomas H. Singer

Journal Articles

The jury's verdict of acquittal by reason of insanity in the case of President Reagan's attempted assassination has stirred vivid debate, both in and out of the U.S. Congress and other public bodies. This article will briefly discuss the history of the insanity defense in the United States, the current status of that defense, and some major problems remaining in its use.

The Legal/Extra-Legal Controversy: Judicial Decisions In Pretrial Release, Ilene H. Nagel

Articles by Maurer Faculty

This study analyzes data for state criminal defendants prosecuted in New York to determine the bases upon which judges make pretrial release decisions for these defendants. Treating statutory law as defining the category of legal variables, it finds legal factors substantially affect decisions about whether to release a defendant on recognizance, the amount of bail required, and whether to offer a defendant a cash alternative to a surety bond. The impact of these factors varies, however, depending upon the particular decision being made. Factors not prescribed in the statute-extra-legal factors—are also found to affect these pretrial release decisions. Their impact, …

When Death Is The Issue: Uses Of Pathological Testimony And Autopsy Reports At Trial, J. Thomas Sullivan

Faculty Scholarship

No abstract provided.

International Exchange Of Information In Criminal Cases, Michael E. Tigar, Austin J. Doyle Jr.

Faculty Scholarship

No abstract provided.

Element Analysis In Defining Criminal Liability: The Model Penal Code And Beyond, Paul H. Robinson, Jane A. Grall

All Faculty Scholarship

The pursuit of fairness and effectiveness has inspired and guided criminal code reformers of the past two decades. Because penal law protects the most important societal interests and authorizes the most serious sanctions the government may impose - the stigma of conviction, imprisonment, and even death - a criminal code, more than any other body of law, should be rational, clear, and internally consistent. Only a precise, principled code that sufficiently defines forbidden conduct can achieve its goals of condemnation and deterrence. Such a code gives citizens fair warning of what will constitute a crime, limits governmental discretion in determining …

The Warren Court (Was It Really So Defense-Minded?), The Burger Court (Is It Really So Prosecution-Oriented?), And Police Investigatory Practices, Yale Kamisar

Book Chapters

In one sense the Warren Court's "revolution" in American criminal procedure may be said to. have been launched by the 1956 case of Griffin v. Illinois (establishing an indigent criminal defendant's right to a free transcript on appeal, at least under certain circumstances) and to have been significantly advanced by two 1963 cases: Gideon v. Wainwright (entitling an indigent defendant to free counsel, at least in serious criminal cases) and Douglas v. California (requiring a state to provide an indigent with counsel on his first appeal from a criminal conviction). But these were not the cases that plunged the Warren …

Criminal Procedure, The Burger Court, And The Legacy Of The Warren Court, Jerold H. Israel

Book Chapters

Richard Nixon's criticism of the Warren Court during the 1968 presidential campaign centered largely on the Court's handling of cases involving criminal rights. According to candidate Nixon, the Court had gone much too far. It had twisted the Constitution to serve its own purposes, created a maze of legal technicalities that worked only to frustrate legitimate law enforcement efforts, and so weakened "the peace forces as against the criminal forces in this country" as to be largely responsible for the sharp rise in crime that had occurred in the sixties. What had to be done, continued Nixon, was to appoint …

The Metastasis Of Mail Fraud: The Continuing Story Of The Evolution Of A White-Collar Crime, John C. Coffee Jr.

Faculty Scholarship

Justice Cardozo observed that legal principles have a tendency to expand to the limits of their logic, and Judge Friendly has added the corollary that sometimes the expansionary momentum carries the principle even beyond those limits. So it has been with the recent growth in the federal mail fraud law, as courts have applied a standardized formula- known as the "intangible rights" doctrine- to a broad range of fact patterns having relatively little in common. The result has been both to extend the net of the federal criminal sanction over an extraordinarily vast terrain and to arm the federal prosecutor …

Violence – Legal Justification And Moral Appraisal, Kent Greenawalt

Faculty Scholarship

Thought about a "Right to Violence," the subject of this symposium, is difficult. Once one has adjusted to the paradoxical conjunction of the terms "right" and "violence," and recognized that people may have rights to commit violent acts in some circumstances, one must face the disturbing fact that feelings about violence are highly colored by peculiar psychological dispositions and political ideologies. Especially in respect to violence that is committed in defiance of law, the search for fair bases of moral judgment proves elusive.

The main theme of this essay is that the law itself can provide illuminating points of reference …

Punishment, Kent Greenawalt

Faculty Scholarship

Although punishment has been a crucial feature of every legal system, widespread disagreement exists over the moral principles that can justify its imposition. One fundamental question is why (and whether) the social institution of punishment is warranted. A second question concerns the necessary conditions for punishment in particular cases. A third relates to the degree of severity that is appropriate for particular offenses and offenders. Debates about punishment are important in their own right, but they also raise more general problems about the proper standards for evaluating social practices.

The main part of this theoretical overview of the subject of …

Kentucky Law Survey: Criminal Procedure, William H. Fortune

Law Faculty Scholarly Articles

This Survey covers significant criminal procedure decisions of the Kentucky appellate courts for the period July 1, 1980, to July 1, 1982. It does not include cases construing the penal code or noteworthy decisions in the Kentucky law of evidence. The author has selected the most important criminal procedure cases for treatment in the text; a number of significant cases are summarized in footnotes.

Amendments To The Federal Rules Of Criminal Procedure, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

Numerous changes in the rules governing criminal trials in federal court have been in effect for four months. Some are major and some are minor, but they should be studied carefully by lawyers handling criminal cases. Amendments have been made to: