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Articles 1891 - 1920 of 2243
Full-Text Articles in Law
Bringing Order To A Disorderly Place, Matthew Anthony Wellman
Bringing Order To A Disorderly Place, Matthew Anthony Wellman
Louisiana Law Review
No abstract provided.
Escapes From Permissive Release Programs: Proposals For Reform, Richard D. Franzblau
Escapes From Permissive Release Programs: Proposals For Reform, Richard D. Franzblau
Indiana Law Journal
No abstract provided.
Theory And Reform Of Criminal Law, Jerome Hall
Theory And Reform Of Criminal Law, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Charles D. Breitel - Judging In The Grand Style, Thomas Mayo
Charles D. Breitel - Judging In The Grand Style, Thomas Mayo
Fordham Law Review
When Chief Judge Charles D. Breitel retires from the New York Court of Appeals in December 1978, he will leave a legacy of judicial work that spans two and one-half decades, the last eleven years of which will have been a product of his years on New York's highest court. The process of sifting through not only the Chief Judge's many opinions but also his extrajudicial comments has no doubt begun in earnest in a number of quarters. This Article represents an initial attempt to evaluate Chief Judge Breitel's craftmanship as an appellate decisionmaker.
Confession Corroboration In New York: A Replacement For The Corpus Delicti Rule , Julian S. Millstein
Confession Corroboration In New York: A Replacement For The Corpus Delicti Rule , Julian S. Millstein
Fordham Law Review
No abstract provided.
Improving Police Discretion: Rationality In Handling Public Inebriates Part Ii, David Aaronson, C. Dienes, Michael Musheno
Improving Police Discretion: Rationality In Handling Public Inebriates Part Ii, David Aaronson, C. Dienes, Michael Musheno
Scholarly Articles in Law Reviews & Journals
In 1913 Eugene Ehrlich spoke of the living law when he stated that "[a]t the present as well as at any other time, the center of gravity of legal development lies not in legislation, nor in juristic science, nor in judicial decision, but in society itself.' This article is premised on the belief that Ehrlich's perception is as valid today as it was then. If you want to know the law relating to public intoxication you cannot be content with the statutes and ordinances, in the court decisions nor even the administrative rules and regulations of those charged with enforcing …
Improving Police Discretion Rationality In Handling Public Inebriates Part Ii, David Aaronson
Improving Police Discretion Rationality In Handling Public Inebriates Part Ii, David Aaronson
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Changing The Public Drunkenness Laws: The Impact Of Decriminalization, David Aaronson
Changing The Public Drunkenness Laws: The Impact Of Decriminalization, David Aaronson
Scholarly Articles in Law Reviews & Journals
Laws that decriminalize public drunkenness continue to use the police as the major intake agent for public inebriates under the "new" public health model of detoxification and treatment. Assuming that decriminalization introduces many disincentives to police intervention using legally sanctioned procedures, we hypothesize that it will be fol- lowed by a statistically significant decline in the number of public inebriates formally handled by the police in the manner designated by the "law in the books." Using an "interrupted time-series quasi- experiment" based on a "stratified multiple-group single-I design," we confirm this hypothesis for Washington, D.C., and Minneapolis, Minnesota. However, through …
Criminal Law In Tennessee In 1976-1977 - A Critical Survey, Joseph G. Cook
Criminal Law In Tennessee In 1976-1977 - A Critical Survey, Joseph G. Cook
Scholarly Works
No abstract provided.
Radical Criminology And The Law Reform Commission Of Canada – A Reply To Professor M. R. Goode, John Barnes, Randal Marlin
Radical Criminology And The Law Reform Commission Of Canada – A Reply To Professor M. R. Goode, John Barnes, Randal Marlin
Dalhousie Law Journal
Professor M. R. Goode' has recently attacked the criminal law work of the Law Reform Commission of Canada as "profoundly unsatisfactory" ' because the Commission has apparently adopted an outmoded theory of the criminal process. He maintains that the approach of the Commission has been vitiated by ... what may be loosely called a liberal-positivist ideology, which fails to question the most fundamental bases of the criminal process in a democratic capitalist society and the faiths which underlie them. This failing to question or to-give written consideration to current criticisms of this ideology has led, in Goode's view, to "the …
A Critique Of The Proposed West Virginia Criminal Code, Robert Batey, Jay Montgomery Brown
A Critique Of The Proposed West Virginia Criminal Code, Robert Batey, Jay Montgomery Brown
West Virginia Law Review
No abstract provided.
Turner V. State, 340 So. 2d 132 (Fla. 2d Dist. Ct. App. 1976), Melanie Hines Alford
Turner V. State, 340 So. 2d 132 (Fla. 2d Dist. Ct. App. 1976), Melanie Hines Alford
Florida State University Law Review
Criminal Law- ETHICS- PUBLIC DEFENDER'S OFFICE IS A "LAW FIRM" FOR PURPOSE OF DETERMINING WHETHER CONFLICT EXISTS IN REPRESENTATION OF CODEFENDANTS.
Burgess V. State, 313 So. 2d 479 (Fla. 2d Dist. Ct. App. 1975), Cert. Denied, 326 So. 2d 441 (Fla. 1976), Wilbert Stevenson, Jr.
Burgess V. State, 313 So. 2d 479 (Fla. 2d Dist. Ct. App. 1975), Cert. Denied, 326 So. 2d 441 (Fla. 1976), Wilbert Stevenson, Jr.
Florida State University Law Review
Criminal Law- ARREST- COURT UPHOLDS THE RIGHT TO RESIST AN UNLAWFUL ARREST, BUT ISSUE SHOULD BE REVISITED UNDER NEW STATUTE.
Diminished Capacity-Recent Decisions And An Analytical Approach, Robert P. Bryant, Corbin B. Hume
Diminished Capacity-Recent Decisions And An Analytical Approach, Robert P. Bryant, Corbin B. Hume
Vanderbilt Law Review
The concept of diminished capacity allows a defendant in a criminal case to prove, usually by presenting psychiatrists who testify that he suffered from an abnormal mental condition, that he was unable to entertain the particular mens rea required for conviction.' Although courts historically have been reluctant to admit such testimony, in recent years a growing number of jurisdictions have recognized the concept of diminished capacity. Recent decisions in Pennsylvania, the District of Columbia, and North Carolina, as well as recently adopted statutes in ten other jurisdictions,illustrate the evidentiary, social, and constitutional issues raised by the concept of diminished capacity. …
The New Regime Of Labor Relations Crimes In Trinidad And Tobago, Chuks Okpaluba
The New Regime Of Labor Relations Crimes In Trinidad And Tobago, Chuks Okpaluba
University of Miami Inter-American Law Review
No abstract provided.
Survey Of Criminal Procedure — Alternative Dispositions Of Defendants, Charles Shafer
Survey Of Criminal Procedure — Alternative Dispositions Of Defendants, Charles Shafer
All Faculty Scholarship
The criminal justice system provides various alternatives for the disposition of criminal defendants. Three of these alternatives, pretrial intervention, drug treatment, and probation, were dealt with in recent New Jersey Supreme Court decisions. The court examined the substantive criteria and procedures used in assigning each disposition and focused primarily on the desire to provide rehabilitative opportunities for each defendant. This note will examine those decisions and the implications of the court's concentration on the goal of rehabilitation.
The Interim Provisions Of The Speedy Trial Act: An Invitation To Flee?, Greta Glavis Keenoy
The Interim Provisions Of The Speedy Trial Act: An Invitation To Flee?, Greta Glavis Keenoy
Fordham Law Review
No abstract provided.
Criminal Law - Counsel - Court-Appointed Attorney Held Absolutely Immune From Suit Under Federal Civil Rights Statute, William A. Cahill, Jr.
Criminal Law - Counsel - Court-Appointed Attorney Held Absolutely Immune From Suit Under Federal Civil Rights Statute, William A. Cahill, Jr.
Fordham Urban Law Journal
E. George Minns, a Virginia state prisoner, brought an action against his court-appointed attorney, alleging that his attorney, while acting under color of state law, had deprived him of rights guaranteed under the fourteenth amendment of the United States Constitution. Specifically, Minns alleged that his court-appointed attorney denied him assistance in filing a petition for habeas corpus. Minns brought the suit under section 1983 of the Civil Rights Act, which gives a private right of action against every person who, under color of law, deprives another person of his or her Constitutional rights, privileges, or immunities. The district court dismissed …
Criminal Law - Right To Counsel - Custodial Criminal Defendant May Not Waive Right To Counsel In The Absence Of His Court-Appointed Attorney, Stuart J. Feld
Criminal Law - Right To Counsel - Custodial Criminal Defendant May Not Waive Right To Counsel In The Absence Of His Court-Appointed Attorney, Stuart J. Feld
Fordham Urban Law Journal
This case note examines the New York Court of Appeals' decision in People v. Hobson, 39 N.Y.2d 479, 348 N.E.2d 894, 384 N.Y.S.2d 419 (1976), which held that once a counsel has been engaged in a criminal proceeding a defendant may not waive his right to counsel when his lawyer is not present. The case note discusses the evolution in protection levels afforded defendants in New York as well as in decisions by the United States Supreme Court and suggests that the Hobson decision's impact is enormous as it resurrects two important pro-defendant rules that were previously overruled. The Hobson …
Note: Constitutional Chellanges To New York's Youthful Offender Statute, John M. Tyd
Note: Constitutional Chellanges To New York's Youthful Offender Statute, John M. Tyd
Fordham Urban Law Journal
New York's Youthful Offender Statute has been described as "humane and progressive legislation intended for the benefit of a youth who makes his first mistake and that he should not be branded as a criminal therefor..." In keeping with this philosophy, the statute provides a system whereby a youth (i.e., an individual between the ages of sixteen and eighteen) can avoid the serious consequences which result from being convicted of a crime. Upon determination that youthful offender status should be granted, the conviction is vacated and replaced with a youthful offender finding. Prior to 1975, those youths indicted for crimes …
Book Review: Denial Of Justice: Criminal Process In The United States, Thomas G. Roth
Book Review: Denial Of Justice: Criminal Process In The United States, Thomas G. Roth
Fordham Urban Law Journal
Thomas G. Roth reviews Denial of Justice: Criminal Process in the United States by Lloyd L. Weinreb. In his book, Lloyd L. Weinreb argues persuasively that American criminal process not only falls short of being the best there is, but it denies us a system which we can properly call "just." Weinreb's work is divided into two sections. The first part, which comprises the bulk of the book, explains how criminal process works and, more significantly, how it has failed to achieve effectively the goals for which it was developed. In the second part, he describes in general theory an …
Improving Police Discretion: Rationality In Handling Public Inebriates, David Aaronson, C. Dienes, Michael Musheno
Improving Police Discretion: Rationality In Handling Public Inebriates, David Aaronson, C. Dienes, Michael Musheno
Scholarly Articles in Law Reviews & Journals
This two-part article reports on the findings of the "prescriptive" phase of the American University Law School's Project on Public Inebriation.' First, we provide a framework or model designed to contribute to efforts to improve the rationality of police discretion and the quality of discretionary justice. Second, we seek to increase understanding of, and provide the basis for improving, the intake process whereby public inebriates are delivered to designated facilities-jails, detoxification centers, etc.-in criminal and decriminalized jurisdictions. While the article focuses on the discretionary power of police officers to remove street inebriates, it should increase awareness of problems of decriminalizing …
Improving Police Discretion: Rationality In Handling Public Inebriates, David Aaronson
Improving Police Discretion: Rationality In Handling Public Inebriates, David Aaronson
Scholarly Articles in Law Reviews & Journals
No abstract provided.
The Homer Of The Pacific: Melville's Art And The Ambiguities Of Judging Evil, Lee C. Bollinger
The Homer Of The Pacific: Melville's Art And The Ambiguities Of Judging Evil, Lee C. Bollinger
Faculty Scholarship
It should not be surprising that Herman. Melville has an important message for students of the legal system, when one reflects for a moment on his biography and the subject matter of his writings. Melville had an intimate exposure to various legal systems ranging from the very crude to the more sophisticated, due in part at least to close personal ties with people who. were themselves connected with the law in one way or another. When Melville was thirteen years old his father declared himself bankrupt, then went mad and died. Melville's cousin had presided over a widely publicized and …
Criminal Law, Richard B. Watson
Williams V. State, 316 So. 2d 267 (Fla. 1975), Richard W. Epstein
Williams V. State, 316 So. 2d 267 (Fla. 1975), Richard W. Epstein
Florida State University Law Review
Criminal Law- GUILTY PLEAS- FACTUAL BASIS DETERMINATION NOT MANDATORY WHEN A COURT ACCEPTS A PLEA OF GUILTY OR NOLO CONTENDERE.
Castaneda V. Partida, Lewis F. Powell Jr.
Castaneda V. Partida, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Criminal Law In Tennessee In 1975: A Critical Survey, Joseph G. Cook
Criminal Law In Tennessee In 1975: A Critical Survey, Joseph G. Cook
Scholarly Works
No abstract provided.
Evidence Of Other Criminal Acts In South Carolina, Walter A. Reiser Jr.
Evidence Of Other Criminal Acts In South Carolina, Walter A. Reiser Jr.
South Carolina Law Review
No abstract provided.
Don't Steal A Turkey In Arkansas―The Second Felony Offender In New York, Susan Buckley
Don't Steal A Turkey In Arkansas―The Second Felony Offender In New York, Susan Buckley
Fordham Law Review
No abstract provided.