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Full-Text Articles in Law

The Offense: Interpreting The Indictment Requirement In 21 U.S.C. § 851, Christopher Serkin Dec 1999

The Offense: Interpreting The Indictment Requirement In 21 U.S.C. § 851, Christopher Serkin

Michigan Law Review

Congress enacted the Comprehensive Drug Abuse Prevention and Control Act of 1970 ("the Act") to unify and rationalize its treatment of drug offenses. The Act was an enormous piece of legislation, requiring months of congressional hearings before it was passed. Today, the Act encompasses over 150 sections of title 21 of the U.S. Code and regulates behavior ranging from manufacturing and mislabeling to prescribing controlled substances. Like any piece of complex legislation, the Act has spawned its share of litigation. One controversy has defied satisfactory resolution: the meaning of the innocuous phrase, "the offense," in section 851(a)(2). The statute's structure …


Youth Gang Drug Trafficking, Us Department Of Justice Nov 1999

Youth Gang Drug Trafficking, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.


I-95 A/K/A The Drug Trafficker's Freeway And Its Impact On State Constitutional Law, The Honorable Robert H. Hobgood Jan 1999

I-95 A/K/A The Drug Trafficker's Freeway And Its Impact On State Constitutional Law, The Honorable Robert H. Hobgood

Campbell Law Review

This article argues that a criminal in a search and seizure case can expect disparate results in different state trial courts although identical factual situations exist. The good faith exception to the exclusionary rule adopted by the United States Supreme Court in United States v. Leon has not been applied with uniformity in state courts. Furthermore, this article finds that some state courts, relying on "adequate and independent" state grounds, have afforded criminal defendants greater protection under state constitutions and statutes than they would receive in other state courts or federal district courts. Finally, this article argues that state appellate …