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Articles 31 - 59 of 59
Full-Text Articles in Law
Corporate Homicide: The Stark Realities Of Artificial Beings And Legal Fictions , Douglas S. Anderson
Corporate Homicide: The Stark Realities Of Artificial Beings And Legal Fictions , Douglas S. Anderson
Pepperdine Law Review
In the aftermath of one of the most highly publicized trials in product liability annals-the celebrated Pinto case-the legal question raised by that litigation remains unresolved. Controversy continues as to whether a corporation should be convicted of homicide when it knowingly markets an unsafe product that results in death. Today the answer is a resounding "no", in light of state statutes defining homicide as the killing of one human being by another, difficulties in finding the requisite criminal intent; and the practical problems of placing a legal fiction behind bars. However, there are recent indications that these present obstacles to …
New York V. Belton: The Scope Of Warrantless Searches Extended, Glenn D. Forcucci
New York V. Belton: The Scope Of Warrantless Searches Extended, Glenn D. Forcucci
Pepperdine Law Review
The United States Supreme Court, in New York v. Belton, expanded the area in which a policeman may search after he has made a lawful custodial arrest. In so ruling, the Supreme Court dramatically departed from its previous holding in Chimel v. California. While Chimel limited the area of the search to the area "within the immediate control of the arrestee," Belton allowed a search outside of that established boundary, as the Supreme Court allowed the search to include the passenger compartment of an automobile which the arrestee had not occupied.
Chandler V. Florida: Cameras, Courts, And The Constitution, Allen F. Camp
Chandler V. Florida: Cameras, Courts, And The Constitution, Allen F. Camp
Pepperdine Law Review
The rising importance of television journalism in the 1960's has resulted in the Supreme Court deciding whether a criminal defendant's due process rights are violated by camera coverage of the courtroom proceeding. The decision of Chandler v. Florida clearly provides the answer; for unless a defendant proves prejudice with specificity, the Constitution does not ban televised criminal trials. The author examines the issues with a revealing historical perspective. He then traces the Court's factual and legal analysis and concludes that the decision will serve to offer the states guidance in deciding whether to implement a program allowing television coverage of …
Legislative Response To Zurcher V. Stanford Daily, J. Kirk Boyd
Legislative Response To Zurcher V. Stanford Daily, J. Kirk Boyd
Pepperdine Law Review
The author explores and surveys the legislative response to Zurcher v. Stanford Daily. While it is recognized that the debate and controversy is far from over, the resulting legislation, including the Privacy Protection Act of 1980, is viewed as being a significant contribution to the area of fourth amendment law. The author analyzes the applicable legislation in detail.
Federal Discretion In The Prosecution Of Local Political Corruption, Andrew T. Baxter
Federal Discretion In The Prosecution Of Local Political Corruption, Andrew T. Baxter
Pepperdine Law Review
Federal prosecutors' awareness of political corruption at the state and local levels has recently increased concomitantly to the incidence of disclosures and prosecutions of similar corruption at the federal level. Because local law enforcement officials have frequently been unable or unwilling to pursue local political corruption, federal prosecutors have increasingly assumed responsibility for the policing of non-federal political criminal activity, even in the absence of definitive statutory grounds. In this article, the author examines the legal basis upon which federal prosecution of local political corruption is conducted. It is asserted that existing federal judicial and legislative limitations provide an inexact …
Under The Influence Of California's New Drunk Driving Law: Is The Drunk Driver's Presumption Of Innocence On The Rocks? , Douglas Caiafa, A. Randall Farnsworth
Under The Influence Of California's New Drunk Driving Law: Is The Drunk Driver's Presumption Of Innocence On The Rocks? , Douglas Caiafa, A. Randall Farnsworth
Pepperdine Law Review
On January 1, 1982, the new California drunk driving law went into effect. This law makes it a crime to drive a motor vehicle where one's blood alcohol level is .10 or more. The law also marks a legislative attempt to curtail the practice of plea bargaining in drunk driving cases and significantly increases the penalties imposed upon those convicted of drunk driving. This Comment will discuss the provisions of the new drunk driving law and examine its constitutionality.
Plain Talk About Plea Bargaining, Harry A. Ackley
Plain Talk About Plea Bargaining, Harry A. Ackley
Pepperdine Law Review
No abstract provided.
Expanding The Role Of The Victim In A Criminal Action: An Overview Of Issues And Problems , Josephine Gittler
Expanding The Role Of The Victim In A Criminal Action: An Overview Of Issues And Problems , Josephine Gittler
Pepperdine Law Review
There is a growing recognition that crime victims have identifiable interests of sufficient legitimacy and significance to justify expanding their role in criminal proceedings beyond that as a mere non-party witness. This article traces the history of the victim in society and suggests reforms which will help to place the crime victim back into a more meaningful position in the American criminal justice system. Comparisons are made between differing state, national, and international victim programs and the author provides some well-needed insight into the costs and benefits of implementing new ideas which would assist in redefining the role of the …
Constitutional Considerations: Government Responsibility And The Right Not To Be A Victim , Richard L. Aynes
Constitutional Considerations: Government Responsibility And The Right Not To Be A Victim , Richard L. Aynes
Pepperdine Law Review
Within a democratic society, citizens are provided with certain rights and liberties. Among those rights and liberties is the right not to be a victim. In this article, the author examines and analyzes the growing concern for the protection of victims of crimes. Recent legislative enactments have been designed to alter the role of the victim in the civil and criminal justice systems by defining and implementing a series of "victims' rights." The author concludes by recognizing that one of the most important duties of government is to provide for the physical safety of those within its jurisdiction. To implement …
The Crime Victim And The Criminal Justice System: Time For A Change, Paul S. Hudson
The Crime Victim And The Criminal Justice System: Time For A Change, Paul S. Hudson
Pepperdine Law Review
The failure of the present criminal justice system to provide meaningful participation for victims of crime has launched crime victim reform measures to the forefront of the legislative agenda. This article explores current reform measures and proposes new programs to increase the quantity of victims' rights and enhance the quality of victim involvement.
Victims' Perceptions Of Criminal Justice, Deborah P. Kelly
Victims' Perceptions Of Criminal Justice, Deborah P. Kelly
Pepperdine Law Review
This article considers the criminal justice system from the crime victim's perspective. Victims are the people behind crime statistics. They are the individuals who suffer the injuries inflicted by criminals and who reveal the existence of crime when they report it. Victims are the key to apprehending criminals and the justification for the state's subsequent prosecution, yet they are often the people we know least about.
Letters Of Introduction, Robert E. Palmer
The Victims' Movement: An Idea Whose Time Has Come, Frank Carrington, George Nicholson
The Victims' Movement: An Idea Whose Time Has Come, Frank Carrington, George Nicholson
Pepperdine Law Review
The victims' rights movement has only recently gained national exposure. The advances in victims' rights are seen in legislation on the federal and state levels and in various victim support groups. Through the cooperative effort of victims' rights advocates in the public and private sectors, the rights of crime victims are gradually being extended to their rightful place.
Victims' Rights Symposium: Table Of Contents, Robert E. Palmer
Victims' Rights Symposium: Table Of Contents, Robert E. Palmer
Pepperdine Law Review
No abstract provided.
Mistreating A Symptom: The Legitimizing Of Mandatory, Indefinite Commitment Of Insanity Acquittees - Jones V. United States, Paul S. Avilla
Mistreating A Symptom: The Legitimizing Of Mandatory, Indefinite Commitment Of Insanity Acquittees - Jones V. United States, Paul S. Avilla
Pepperdine Law Review
At the end of the 1982 term, in Jones v. United States, the United States Supreme Court upheld a District of Columbia statute requiring the automatic and indefinite commitment of persons acquitted by reason of insanity. While under the D.C. statute the acquittee is periodically given the opportunity to gain release, the practice of involuntarily confining someone who has been acquitted raises serious due process and equal protection issues. This note examines the Court's analysis of these issues, focusing on a comparison of the elements necessary for an insanity defense with the showing required by the due process clause for …
Opinion: A Two-Part State Supreme Court, Stanley Mosk
Opinion: A Two-Part State Supreme Court, Stanley Mosk
Pepperdine Law Review
No abstract provided.
Consecutive Misdemeanor Sentencing: Curing The Inequity , Gary R. Nicols, Harry M. Caldwell
Consecutive Misdemeanor Sentencing: Curing The Inequity , Gary R. Nicols, Harry M. Caldwell
Pepperdine Law Review
No abstract provided.
Child Witnesses In Sexual Abuse Criminal Proceedings: Their Capabilities, Special Problems, And Proposals For Reform, Dominic J. Fote
Child Witnesses In Sexual Abuse Criminal Proceedings: Their Capabilities, Special Problems, And Proposals For Reform, Dominic J. Fote
Pepperdine Law Review
No abstract provided.
Simplifying Federal Criminal Laws , Robert H. Joost
Simplifying Federal Criminal Laws , Robert H. Joost
Pepperdine Law Review
No abstract provided.
The Not-So-Golden Years: The Legal Response To Elder Abuse, David P. Mathews
The Not-So-Golden Years: The Legal Response To Elder Abuse, David P. Mathews
Pepperdine Law Review
No abstract provided.
Boiler Room Fraud: An Operational Plan Utilizing The Injunction Against Fraud Pursuant To 18 U.S.C. §1345 , Robert M. Twiss
Boiler Room Fraud: An Operational Plan Utilizing The Injunction Against Fraud Pursuant To 18 U.S.C. §1345 , Robert M. Twiss
Pepperdine Law Review
No abstract provided.
Mandatory Disclosure: California Bar Refuses To Adopt Proposed Rule To Confront Client Perjury , David B. Wasson
Mandatory Disclosure: California Bar Refuses To Adopt Proposed Rule To Confront Client Perjury , David B. Wasson
Pepperdine Law Review
No abstract provided.
Avoiding The Insanity Defense Strait Jacket: The Mens Rea Route, Harlow M. Huckabee
Avoiding The Insanity Defense Strait Jacket: The Mens Rea Route, Harlow M. Huckabee
Pepperdine Law Review
No abstract provided.
Coy V. Iowa: A Constitutional Right Of Intimidation, John A. Mayers
Coy V. Iowa: A Constitutional Right Of Intimidation, John A. Mayers
Pepperdine Law Review
No abstract provided.
Thompson V. Oklahoma: Debating The Constitutionality Of Juvenile Executions, Susan M. Simmons
Thompson V. Oklahoma: Debating The Constitutionality Of Juvenile Executions, Susan M. Simmons
Pepperdine Law Review
No abstract provided.
Judicial Sentencing Error: Thomas V. Morris And The Double Jeopardy Clause , Paul G. Flynn
Judicial Sentencing Error: Thomas V. Morris And The Double Jeopardy Clause , Paul G. Flynn
Pepperdine Law Review
No abstract provided.
Evidence Of Mental Disorder On Mens Rea: Constitutionality Of Drawing The Line At The Insanity Defense , Harlow M. Huckabee
Evidence Of Mental Disorder On Mens Rea: Constitutionality Of Drawing The Line At The Insanity Defense , Harlow M. Huckabee
Pepperdine Law Review
No abstract provided.
Thornburgh V. Abbott: Slamming The Prison Gates On Constitutional Rights, Megan M. Mcdonald
Thornburgh V. Abbott: Slamming The Prison Gates On Constitutional Rights, Megan M. Mcdonald
Pepperdine Law Review
No abstract provided.
The Constitutionality Of The Federal Sentencing Reform Act After Mistretta V. United States, Charles R. Eskridge Iii
The Constitutionality Of The Federal Sentencing Reform Act After Mistretta V. United States, Charles R. Eskridge Iii
Pepperdine Law Review
No abstract provided.