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1994

Criminal Law

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Articles 1 - 30 of 172

Full-Text Articles in Law

Searches Woven From Terry Cloth: How The Plain Feel Doctrine Plus Terry Equals Pretextual Search, John A. Cecere Dec 1994

Searches Woven From Terry Cloth: How The Plain Feel Doctrine Plus Terry Equals Pretextual Search, John A. Cecere

Boston College Law Review

No abstract provided.


Batson V. Kentucky And J.E.B. V. Alabama Ex Rel. T.B.: Is The Peremptory Challenge Still Preeminent?, Eric N. Einhorn Dec 1994

Batson V. Kentucky And J.E.B. V. Alabama Ex Rel. T.B.: Is The Peremptory Challenge Still Preeminent?, Eric N. Einhorn

Boston College Law Review

No abstract provided.


Criminal Law, Frank C. Mills Iii Dec 1994

Criminal Law, Frank C. Mills Iii

Mercer Law Review

This year's legislatively enacted criminal discovery law will be the most influential change in criminal law in many years. Only slightly less significant is the Georgia constitutional enactment of a true life-without- parole sentence. Both changes will vastly increase the cost of the criminal justice system to the taxpayer. The latter will probably increase the cost of crime to the criminal. These legislative events dwarf any changes by the courts.

Nevertheless, there are many cases of substantial note in the survey period for this year. The procedure and proper charge to the jury for an abandonment trial was changed ...


Munchausen Syndrome By Proxy: Broadening The Scope Of Child Abuse, Michael T. Flannery Dec 1994

Munchausen Syndrome By Proxy: Broadening The Scope Of Child Abuse, Michael T. Flannery

Faculty Scholarship

No abstract provided.


Ua12/2/1 Phase - Drugs On Campus, Wku Student Affairs Nov 1994

Ua12/2/1 Phase - Drugs On Campus, Wku Student Affairs

WKU Archives Records

Special magazine edition of the College Heights Herald:

  • Grundy, Julie. Reality Check: We’re a Town That Has Drugs – Rebecca Maldonado, Student Health Services
  • Bernardy, Patrick. Local Drug Use: A Slow But Steady Rise – WKU Police, Audrey Spies
  • Quarles, Mitchell. Know the Downers: Jail, Fines, Probation
  • Hutchins, Chris. I Did It Because It Was Fun . . . I Did Them to Escape – Drug Abuse
  • Bernardy, Patrick. Marijuana No Worse than Alcohol
  • Hieb, Dan. Drugs Steal Freedom; Don’t Create It



The Punishment Of Hate: Toward A Normative Theory Of Bias-Motivated Crimes, Frederick M. Lawrence Nov 1994

The Punishment Of Hate: Toward A Normative Theory Of Bias-Motivated Crimes, Frederick M. Lawrence

Michigan Law Review

This article explores how bias crimes differ from parallel crimes and why this distinction makes a crucial difference in our criminal law. Bias crimes differ from parallel crimes as a matter of both the resulting harm and the mental state of the offender. The nature of the injury sustained by the immediate victim of a bias crime exceeds the harm caused by a parallel crime. Moreover, bias crimes inflict a palpable harm on the broader target community of the crime as well as on society at large, while parallel crimes do not generally cause such widespread injury.

The distinction between ...


Freedom From Incarceration: Why Is This Right Different From All Other Rights?, Sherry F. Colb Nov 1994

Freedom From Incarceration: Why Is This Right Different From All Other Rights?, Sherry F. Colb

Cornell Law Faculty Publications

American constitutional jurisprudence has long accepted the notion that the exercise of certain rights can only be restricted by the government if the restriction satisfies strict scrutiny. The Supreme Court has identified such rights as fundamental often by relying on an expansive interpretation of the word "liberty" in the due process clause of the fourteenth amendment. In this Article, Professor Colb argues that the Supreme Court has failed to recognize the right to physical liberty itself as a fundamental right. She demonstrates that at present conduct that is not itself constitutionally protected may serve as the basis for imprisonment even ...


Section 5: Criminal Law, Institute Of Bill Of Rights Law At The William & Mary Law School Oct 1994

Section 5: Criminal Law, Institute Of Bill Of Rights Law At The William & Mary Law School

Supreme Court Preview

No abstract provided.


Abortion And Violence, Ruth Colker Oct 1994

Abortion And Violence, Ruth Colker

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Marital Rape: A Higher Standard Is In Order, Linda Jackson Oct 1994

Marital Rape: A Higher Standard Is In Order, Linda Jackson

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Reading, Writing, And Sexual Harassment: Finding A Constitutional Remedy When Schools Fail To Address Peer Abuse, Karen Mellencamp Davis Oct 1994

Reading, Writing, And Sexual Harassment: Finding A Constitutional Remedy When Schools Fail To Address Peer Abuse, Karen Mellencamp Davis

Indiana Law Journal

No abstract provided.


Sedition In Nova Scotia: R. V. Wilkie (1820) And The Incontestable Illegality Of Seditious Libel Before R. V. Howe (1835), Barry Cahill Oct 1994

Sedition In Nova Scotia: R. V. Wilkie (1820) And The Incontestable Illegality Of Seditious Libel Before R. V. Howe (1835), Barry Cahill

Dalhousie Law Journal

Given its primacy and exceptionality in the Nova Scotian context, Wilkie both exemplifies the judiciary's role in official repression, and instantiates the importance of what Wright calls "the ideological mechanisms of the criminal law" in prescribing the outer limits of legitimate political discourse. This paper examines the first known use by the government of Nova Scotia of the eighteenth-century, judicially-invented misdemeanour of seditious libel in order to silence and punish criticism of the ruling eite. As Nova Scotia had neither indigenous caselaw, nor statutory legislation to supplement and reinforce the common law offence-Upper Canada's SeditionAct (1804) was still ...


Proportionality As A Guiding Principle In Young Offender Dispositions, Paul Riley Oct 1994

Proportionality As A Guiding Principle In Young Offender Dispositions, Paul Riley

Dalhousie Law Journal

Sentencing is traditionally regarded as one of the most difficult and challenging functions of the criminal justice system. In arriving at the appropriate sanction to be imposed upon an offender, a court must reconcile the principles and objectives of the criminal law with the criminal act committed, the circumstances surrounding its commission, and the character of the offender who committed it. The court must, with the guidance of a few abstract, broadly philosophical, and often contradictory principles of sentencing, decide upon a sanction which is appropriate in the very concrete and factually specific case within which it is presented. This ...


Testing Penry And Its Progeny , Deborah W. Denno Oct 1994

Testing Penry And Its Progeny , Deborah W. Denno

Faculty Scholarship

In Penry v. Lynaugh, the United States Supreme Court held that the Texas death penalty statute was applied unconstitutionally because the trial court gave no instructions allowing the jury to “consider and give effect to” the defendant's mitigating evidence of organic brain damage, moderate retardation, and disadvantaged background. The Court considered these mitigating factors relevant because of society's steadfast belief in the lesser culpability of defendants whose criminal acts are due to a disadvantaged background, or to emotional and mental disorders. The jury must have full consideration of such evidence in order to give its “reasoned moral response ...


Getting To Know The General: American Conceits About The Rule Of Law, Kenneth Anderson Sep 1994

Getting To Know The General: American Conceits About The Rule Of Law, Kenneth Anderson

Book Reviews

This essay reviews a book about General Manuel Noriega, the Panamanian strongman toppled by the Bush Sr. administration in 1989; Noriega was tried on drug charges in Miami and has spent many years in prison. This book examines Noriega's background and rise to power, involvement in drugs and politics in Central America, including the famous murder of Hugo Spadafora, and his trial in the United States. The book's author covered the trial for newspapers; the review's author monitored human rights in Panama in the two years prior to the US invasion and covered the invasion for human ...


The Endurance Of The Felony-Murder Rule: A Study Of The Forces That Shape Our Criminal Law, James J. Tomkovicz Sep 1994

The Endurance Of The Felony-Murder Rule: A Study Of The Forces That Shape Our Criminal Law, James J. Tomkovicz

Washington and Lee Law Review

No abstract provided.


Does Crime Pay--Can Probation Stop Katherine Ann Power From Selling Her Story?, Shaun B. Spencer Sep 1994

Does Crime Pay--Can Probation Stop Katherine Ann Power From Selling Her Story?, Shaun B. Spencer

Boston College Law Review

No abstract provided.


Brecht V Abrahamson: Hard Justice For State Prisoners:, Robin A. Colombo Sep 1994

Brecht V Abrahamson: Hard Justice For State Prisoners:, Robin A. Colombo

Boston College Law Review

No abstract provided.


Prosecutors And Domestic Violence: Local Leadership Makes A Difference, Janet E. Findlater, Dawn Van Hoek Sep 1994

Prosecutors And Domestic Violence: Local Leadership Makes A Difference, Janet E. Findlater, Dawn Van Hoek

Law Faculty Research Publications

No abstract provided.


Balkan War Crimes Trials: Forum Selection , Matthew I. Kupferberg Aug 1994

Balkan War Crimes Trials: Forum Selection , Matthew I. Kupferberg

Boston College International and Comparative Law Review

No abstract provided.


The Development And Drafting Of The United Nations Convention Against Torture And Other Cruel Inhuman Or Degrading Treatment Or Punishment, Matthew Lippman Aug 1994

The Development And Drafting Of The United Nations Convention Against Torture And Other Cruel Inhuman Or Degrading Treatment Or Punishment, Matthew Lippman

Boston College International and Comparative Law Review

No abstract provided.


Eliminating Double Talk From The Law Of Double Jeopardy, Eli J. Richardson Jul 1994

Eliminating Double Talk From The Law Of Double Jeopardy, Eli J. Richardson

Florida State University Law Review

No abstract provided.


Words And Sentences: Penalty Enhancement For Hate Crimes, Shirley S. Abrahamson, Susan Craighead, Daniel N. Abrahamson Jul 1994

Words And Sentences: Penalty Enhancement For Hate Crimes, Shirley S. Abrahamson, Susan Craighead, Daniel N. Abrahamson

University of Arkansas at Little Rock Law Review

No abstract provided.


Substitution Of Alternate Jurors During Deliberations And Implications On The Rights Of Litigants: The Reginald Denny Trial, Douglas J. Mcdermott Jul 1994

Substitution Of Alternate Jurors During Deliberations And Implications On The Rights Of Litigants: The Reginald Denny Trial, Douglas J. Mcdermott

Boston College Law Review

No abstract provided.


Double Jeopardy, The Federal Sentencing Guidelines, And The Subsequent-Prosecution Dilemma, Elizabeth T. Lear Jul 1994

Double Jeopardy, The Federal Sentencing Guidelines, And The Subsequent-Prosecution Dilemma, Elizabeth T. Lear

UF Law Faculty Publications

The choice to embrace a real-offense regime probably constitutes the single most controversial decision made by the Federal Sentencing Commission in drafting the Federal Sentencing Guidelines ("Guidelines"). Real-offense sentencing bases punishment on a defendant's actual conduct as opposed to the offense of conviction. The Guidelines sweep a variety of factors into the sentencing inquiry, including criminal offenses for which no conviction has been obtained. Under the Guidelines, therefore, prosecutorial charging decisions and even verdicts of acquittal after jury trial may have little impact at sentencing.

Long before the adoption of the Guidelines, courts bent on rationalizing the real-offense regime ...


Factors For Reasonable Suspicion: When Black And Poor Means Stopped And Frisked, David A. Harris Jul 1994

Factors For Reasonable Suspicion: When Black And Poor Means Stopped And Frisked, David A. Harris

Indiana Law Journal

No abstract provided.


Domestic Violence Against Latinas By Latino Males: An Analysis Of Race, National Origin, And Gender Differentials, Jenny Rivera Jun 1994

Domestic Violence Against Latinas By Latino Males: An Analysis Of Race, National Origin, And Gender Differentials, Jenny Rivera

Boston College Third World Law Journal

No abstract provided.


The Cultural Defense: Undermining The Policies Against Domestic Violence, Alice J. Gallin May 1994

The Cultural Defense: Undermining The Policies Against Domestic Violence, Alice J. Gallin

Boston College Law Review

No abstract provided.


Losing The Right To Confront: Defining Waiver To Better Address A Defendant's Actions And Their Effects On A Witness, David J. Tess May 1994

Losing The Right To Confront: Defining Waiver To Better Address A Defendant's Actions And Their Effects On A Witness, David J. Tess

University of Michigan Journal of Law Reform

Part I of this Note examines the current legal landscape regarding a defendant's waiver of the right to confrontation. This Part explores the justifications courts have provided for finding a waiver of the confrontation right, both through the use of the traditional "intentional relinquishment of a known right" standard and the less precise formulations of waiver found in cases of defendant misconduct. Part II offers a critique of the reasoning courts employ to find waiver of the right to confrontation. In the process, the analysis explores general theories of waiver which have been advanced by other commentators. In so ...


Strings Attached--Violin Fraud And Other Deceptions, Carla J. Shapreau May 1994

Strings Attached--Violin Fraud And Other Deceptions, Carla J. Shapreau

Michigan Law Review

A Review of Violin Fraud: Deception, Forgery, Theft, and the Law by Brian W. Harvey