Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 13 of 13

Full-Text Articles in Law

Section 7: Criminal Law, Institute Of Bill Of Rights Law, William & Mary Law School Oct 1996

Section 7: Criminal Law, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


The Standard Of Review For The Voluntariness Of A Confession On Direct Appeal In Federal Court, Peter B. Rutledge Jul 1996

The Standard Of Review For The Voluntariness Of A Confession On Direct Appeal In Federal Court, Peter B. Rutledge

Scholarly Works

Section I of this Comment reviews the Supreme Court's jurisprudence on confessions, provides a close reading of Miller v. Finton, 474 U.S. 104 (1985), and reviews the division among the federal circuits over the standard of review for voluntariness determinations on direct appeal. Section II analyzes the literature on standards of review and focuses on two vexing problems in this field-the application of law to fact (hereinafter "mixed questions") and the constitutional fact doctrine. These two issues frame the analysis of voluntariness determinations. Section III analyzes these determinations and defends the application of de novo review in cases on …


Designing And Implementing An Expanded System For Civil Court Data Collection: A South Carolina Study, F. Patrick Hubbard Apr 1996

Designing And Implementing An Expanded System For Civil Court Data Collection: A South Carolina Study, F. Patrick Hubbard

South Carolina Law Review

No abstract provided.


An Introduction To Federal Habeas Corpus Practice And Procedure, John H. Blume, David P. Voisin Jan 1996

An Introduction To Federal Habeas Corpus Practice And Procedure, John H. Blume, David P. Voisin

South Carolina Law Review

No abstract provided.


Criminal Law Defenses, Paul C. Giannelli Jan 1996

Criminal Law Defenses, Paul C. Giannelli

Faculty Publications

No abstract provided.


The United States Criminal Justice System: A Brief Overview, Paul Marcus Jan 1996

The United States Criminal Justice System: A Brief Overview, Paul Marcus

Faculty Publications

No abstract provided.


Criminal Law - Post-Submission Juror Substitution In The Third Circuit: Serving Judicial Economy While Undermining A Defendant's Rights To An Impartial Jury Under Rule 24(C), Jeffrey T. Baker Jan 1996

Criminal Law - Post-Submission Juror Substitution In The Third Circuit: Serving Judicial Economy While Undermining A Defendant's Rights To An Impartial Jury Under Rule 24(C), Jeffrey T. Baker

Villanova Law Review

No abstract provided.


George Bush's America Meets Dante's Inferno: The Americans With Disabilities Act In Prison, Ira Robbins Jan 1996

George Bush's America Meets Dante's Inferno: The Americans With Disabilities Act In Prison, Ira Robbins

Articles in Law Reviews & Other Academic Journals

Introduction: The conditions in America's correctional facilities have long been cause for concern. Even those who do not advocate a comfortable quality of life for inmates recognize that basic problems such as overcrowding, inmate violence,' inadequate staffing,2 and increasing costs of building and maintaining prisons have approached crisis levels. Meanwhile, the prison population continues to swell. According to the Bureau of Justice Statistics of the United States Department of Justice, the number of prisoners incarcerated at state and federal prisons annually has grown at a rate of 8.4% in recent years.'


When The Constable Blunders: A Comparison Of The Law Of Police Interrogation In Canada And The United States, Robert Harvie, Hamar Foster Jan 1996

When The Constable Blunders: A Comparison Of The Law Of Police Interrogation In Canada And The United States, Robert Harvie, Hamar Foster

Seattle University Law Review

This Article explores the Supreme Court of Canada's use of the Charter of Rights and Freedoms in limiting police interrogations and compares its case decisions with cases from the Supreme Court of the United States. Part II of this Article examines the purposes and policies underlying sections 10(b), 7, and 24(2) of the Charter. Part III then examines the application of sections 10(b) and 7 in situations where (1) suspects are interrogated by uniformed police officers or other persons known to be in authority, and (2) suspects are interrogated surreptitiously by persons not known to be in authority. In both …


Restrictions On Law Enforcement Investigation And Prosecution Of Crime, Paul Marcus Jan 1996

Restrictions On Law Enforcement Investigation And Prosecution Of Crime, Paul Marcus

Faculty Publications

No abstract provided.


New Federalism And Constitutional Criminal Procedure: Are We Repeating The Mistakes Of The Past?, James W. Diehm Dec 1995

New Federalism And Constitutional Criminal Procedure: Are We Repeating The Mistakes Of The Past?, James W. Diehm

James W. Diehm

More than thirty years have passed since the United States Supreme Court made these observations in the landmark case of Mapp v. Ohio." The Court, no doubt, thought it was putting an end to the wrenching problems that developed since it laid the groundwork for the exclusionary rule in Boyd v. United States in 1886. Although the merits of the exclusionary rule have been debated for many years and will be debated for years to come, the advent of the exclusionary rule raised important issues of federalism that were not resolved easily.


George Bush's America Meets Dante's Inferno: The Americans With Disabilities Act In Prison, Ira P. Robbins Dec 1995

George Bush's America Meets Dante's Inferno: The Americans With Disabilities Act In Prison, Ira P. Robbins

Ira P. Robbins

Introduction: The conditions in America's correctional facilities have long been cause for concern. Even those who do not advocate a comfortable quality of life for inmates recognize that basic problems such as overcrowding, inmate violence,' inadequate staffing,2 and increasing costs of building and maintaining prisons have approached crisis levels. Meanwhile, the prison population continues to swell. According to the Bureau of Justice Statistics of the United States Department of Justice, the number of prisoners incarcerated at state and federal prisons annually has grown at a rate of 8.4% in recent years.'


The October 1995 Supreme Court Term: Selected Criminal Cases, Arthur G. Lefrancois Dec 1995

The October 1995 Supreme Court Term: Selected Criminal Cases, Arthur G. Lefrancois

Arthur G. LeFrancois

No abstract provided.