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1991

Criminal Law

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Articles 1 - 30 of 181

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 ...


Criminal Law, Frank C. Mills Iii Dec 1991

Criminal Law, Frank C. Mills Iii

Mercer Law Review

In the hundreds of cases reviewed for this survey, there were few earthshaking decisions. DNA evidence has arrived in Georgia, and the year and- a-day rule has left. Nevertheless, there are more noteworthy cases than can be adequately addressed in this survey. There are plenty of pitfalls for the unwary. In fact the most notable trend is the ever-increasing number of challenges to former counsel. Prosecutors, defense counsel, and courts are well-advised to use the Checklist for Unified Appeals as a guide in any criminal case.

Due to the significance of the Checklist for Unified Appeal, the author uses a ...


Corporate Officer Liability Under Rcra: Stringent But Not Strict, David T. Barton Nov 1991

Corporate Officer Liability Under Rcra: Stringent But Not Strict, David T. Barton

BYU Law Review

No abstract provided.


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 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.


When The Shepherd Preys On The Flock: Clergy Sexual Exploitation And The Search For Solutions, Eduardo Cruz Oct 1991

When The Shepherd Preys On The Flock: Clergy Sexual Exploitation And The Search For Solutions, Eduardo Cruz

Florida State University Law Review

No abstract provided.


Exempting The Mentally Retarded From The Death Penalty: A Comment On Florida's Proposed Legislation, V. Stephen Cohen Oct 1991

Exempting The Mentally Retarded From The Death Penalty: A Comment On Florida's Proposed Legislation, V. Stephen Cohen

Florida State University Law Review

No abstract provided.


Legal Images Of Battered Women: Redefining The Issue Of Separation, Martha R. Mahoney Oct 1991

Legal Images Of Battered Women: Redefining The Issue Of Separation, Martha R. Mahoney

Michigan Law Review

Part I of this article discusses violence in the ordinary lives of women, describing individual and societal denial that pretends domestic violence is rare when statistics show it is common, and describing the ways in which motherhood shapes women's experience of violence and choices in response to violence. Part II examines definitions of battering and evaluates their effectiveness at disguising or revealing the struggle for control at the heart of the battering process. I then describe in Part III the pressures that self-defense and custody cases place on legal and cultural images of battered women and contrast the development ...


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.


Abusive Prosecutors: Gender, Race & Class Discretion And The Prosecution Of Drug-Addicted Mothers, Dwight L. Greene Oct 1991

Abusive Prosecutors: Gender, Race & Class Discretion And The Prosecution Of Drug-Addicted Mothers, Dwight L. Greene

Buffalo Law Review

No abstract provided.


A Comparison Of Guilty Plea Procedure In The United States And Germany, Helen A. Haglich Sep 1991

A Comparison Of Guilty Plea Procedure In The United States And Germany, Helen A. Haglich

Penn State International Law Review

No abstract provided.


The Right Of Confrontation, Justice Scalia, And The Power And Limits Of Textualism, Bryan H. Wildenthal Sep 1991

The Right Of Confrontation, Justice Scalia, And The Power And Limits Of Textualism, Bryan H. Wildenthal

Washington and Lee Law Review

No abstract provided.


In The Aftermath Of Soering, Is Interstate Extradition To Virginia Illegal? Sep 1991

In The Aftermath Of Soering, Is Interstate Extradition To Virginia Illegal?

Washington and Lee Law Review

No abstract provided.


United States V. Jacobson: Are Child Pornography Stings, Creative Law Enforcement Or Entrapment?, Cynthia Pérez Sep 1991

United States V. Jacobson: Are Child Pornography Stings, Creative Law Enforcement Or Entrapment?, Cynthia Pérez

University of Miami Law Review

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.


Habeas Corpse: The Right Appeal Under Fire, David Bruck Jul 1991

Habeas Corpse: The Right Appeal Under Fire, David Bruck

David I. Bruck

No abstract provided.


The Jurisdiction To Do Justice: Florida's Jury Override And The State Constitution, Michael Mello Jul 1991

The Jurisdiction To Do Justice: Florida's Jury Override And The State Constitution, Michael Mello

Florida State University Law Review

No abstract provided.


Modern Confession Law After Duckworth V. Eagan: What's The Use Of Explaining?, Julia C. Weissman Jul 1991

Modern Confession Law After Duckworth V. Eagan: What's The Use Of Explaining?, Julia C. Weissman

Indiana Law Journal

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 ...


Shame, Culture, And American Criminal Law, Toni M. Massaro Jun 1991

Shame, Culture, And American Criminal Law, Toni M. Massaro

Michigan Law Review

The purpose of this Article is to analyze whether this link is one that American criminal court judges can, or should, exploit. I begin with a description of the new shaming sanctions and the possible justifications for this type of penalty. I then identify both psychological and anthropological aspects of the phenomenon of shame, or "losing face." I describe several cultures in which shaming practices are, or were, significant means of sanctioning behavior, and outline the shared features of these cultures.

These psychological and anthropological materials, taken together, suggest that shaming practices are most effective and meaningful when five conditions ...


Bright Lines, Dark Deeds: Counting Convictions Under The Armed Career Criminal Act, James E. Hooper Jun 1991

Bright Lines, Dark Deeds: Counting Convictions Under The Armed Career Criminal Act, James E. Hooper

Michigan Law Review

The Armed Career Criminal Act of 1984 (ACCA) enables the federal government to help state authorities more effectively prosecute "career criminals.'' The ACCA imposes a mandatory sentence of at least fifteen years, and up to life imprisonment, for illegal possession of a firearm by anyone who has three prior convictions for violent felonies or serious drug offenses "committed on occasions different from one another."

To apply the ACCA, judges must determine first whether the defendant's prior convictions meet the definitions of "violent felony or serious drug offense," and secondly whether the offenses were committed on different occasions so that ...


Drug Legalization: Cost Effective And Morally Permissible, David Elkins May 1991

Drug Legalization: Cost Effective And Morally Permissible, David Elkins

Boston College Law Review

No abstract provided.


Private Plaintiffs' Use Of Equitable Remedies Under The Rico Statute: A Means To Reform Corrupted Labor Unions, Randy M. Mastro, Steven C. Bennett, Mary P. Donlevy May 1991

Private Plaintiffs' Use Of Equitable Remedies Under The Rico Statute: A Means To Reform Corrupted Labor Unions, Randy M. Mastro, Steven C. Bennett, Mary P. Donlevy

University of Michigan Journal of Law Reform

Part I of this Article outlines the government's approach to civil RICO actions involving labor unions, including an overview of the government's prior civil RICO actions and a summary of the types of issues that often arise in such actions. Part II examines the unique issues involved in a civil RICO action brought by a private plaintiff. The principal issue addressed in this Part is whether a private plaintiff can bring an action under the equitable remedies provisions of the RICO statute. This Part also addresses the issues of how a private plaintiff can gain access to information ...


Beyond The War On Drugs: Overcoming A Failed Public Policy, Kenneth R. Hillier May 1991

Beyond The War On Drugs: Overcoming A Failed Public Policy, Kenneth R. Hillier

Michigan Law Review

A Review of Beyond the War on Drugs: Overcoming a Failed Public Policy by Steven Wisotsky


Liability For Provincial Offences: Fault, Penalty And The Principles Of Fundamental Justice In Canada (A Review Of Law Reform Proposals From Ontario, Saskatchewan And Alberta), Bruce P. Archibald May 1991

Liability For Provincial Offences: Fault, Penalty And The Principles Of Fundamental Justice In Canada (A Review Of Law Reform Proposals From Ontario, Saskatchewan And Alberta), Bruce P. Archibald

Dalhousie Law Journal

While the Canadian Criminal Code is presently in the process of thorough going reform by the federal government, one should not lose sight of the important reforms being proposed in several Canadian provinces to the legal regimes governing provincial offences. A need for reform to provincial offence regimes is evident in relation to both substance and procedure, although the approaches to solving problems in both spheres has traditionally differed from province to province. At the level of procedure, some provinces have been content to enforce their provincial offences through the expedient of adopting by reference the procedures found in Part ...


Reverse Rico Double Jeopardy Protection Under United States V. Esposito: Someone's In The Kitchen With Grady, But It's Not The Third Circuit, Scott Taylor Sheffer May 1991

Reverse Rico Double Jeopardy Protection Under United States V. Esposito: Someone's In The Kitchen With Grady, But It's Not The Third Circuit, Scott Taylor Sheffer

BYU Law Review

No abstract provided.


Criminal Discovery, Scientific Evidence, And Dna, Paul C. Giannelli May 1991

Criminal Discovery, Scientific Evidence, And Dna, Paul C. Giannelli

Vanderbilt Law Review

"At bottom the case against Claus von Bilow was a scientific case. It would have to be refuted by scientific evidence,"' wrote Alan Dershowitz. The von Bilow case is not alone. Many recent notorious criminal trials involved scientific proof. For example, the prosecution offered hypnotically refreshed testimony and bite mark evidence in the Ted Bundy case. Fiber evidence proved critical in the trial of Wayne Williams for the murder of two of the thirty young black males killed in Atlanta in the late 1970s.' Other illustrations include the pathology and serology testimony in the Jean Harris trial, the forensic analysis ...


Litigating Police Misconduct Claims In North Carolina, Irving Joyner Apr 1991

Litigating Police Misconduct Claims In North Carolina, Irving Joyner

North Carolina Central Law Review

No abstract provided.


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 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 ...