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Articles 3451 - 3480 of 4033
Full-Text Articles in Constitutional Law
Citizen's Arrests And The Fourth Amendment--A Fresh Perspective, Howard E. Wallin
Citizen's Arrests And The Fourth Amendment--A Fresh Perspective, Howard E. Wallin
Touro Law Review
No abstract provided.
The Testimonial Component Of The Right Against Self-Incrimination, Charles G. Geyh
The Testimonial Component Of The Right Against Self-Incrimination, Charles G. Geyh
Articles by Maurer Faculty
No abstract provided.
The Salerno Challenge To The Bail Reform Act Of 1984, Aba Heiman
The Salerno Challenge To The Bail Reform Act Of 1984, Aba Heiman
Touro Law Review
No abstract provided.
Drugs And Small Arms: Can Law Stop The Traffic?, Christopher L. Blakesley
Drugs And Small Arms: Can Law Stop The Traffic?, Christopher L. Blakesley
Scholarly Works
Professor Blakesley presides over this panel discussion on laws combating the illegal importation of drugs and small arms, and their implications for international and domestic law.
Constructive Murder And The Charter: In Search Of Principle, A. Wayne Mackay, Isabel Grant
Constructive Murder And The Charter: In Search Of Principle, A. Wayne Mackay, Isabel Grant
Articles, Book Chapters, & Popular Press
This article explores the principle of "constructive" murder and how it interacts with the sentencing and the parties sections of the Criminal Code. The authors re-examine these issues in light of the Charter. They conclude that constructive murder has no place in a post-Charter Canada.
Colorado V. Connelly, Lewis F. Powell Jr.
Colorado V. Connelly, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Mccleskey V. Kemp, Lewis F. Powell Jr.
Colorado V. Bertine, Lewis F. Powell Jr.
Colorado V. Bertine, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Illinois V. Krull, Lewis F. Powell Jr.
Arizona V. Hicks, Lewis F. Powell Jr.
Griffin V. Wisconsin, Lewis F. Powell Jr.
Griffin V. Wisconsin, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
The Constitutionality Of Sobriety Checkpoints
The Constitutionality Of Sobriety Checkpoints
Washington and Lee Law Review
No abstract provided.
Criminal Law, Richard A. Williamson
Expert Services And The Indigent Criminal Defendant: The Constitutional Madate Of Ake V. Oklahoma, John M. West
Expert Services And The Indigent Criminal Defendant: The Constitutional Madate Of Ake V. Oklahoma, John M. West
Michigan Law Review
This Note attempts to define the boundaries of the indigent criminal defendant's constitutional right to expert assistance, in the light of Ake v. Oklahoma. Part I briefly reviews the Ake decision and examines its constitutional background. Part II inquires into Ake's implications for experts other than psychiatrists and in contexts other than the insanity defense, arguing that the principles that guided the Ake decision have validity well beyond the facts of that case. Part III asks whether the Ake doctrine should be limited to capital cases. Rejecting such a limitation, it concludes that the right to expert assistance …
Attorney Loyalty And Client Perjury - A Postscript To Nix V. Whiteside, Bennett L. Gershman
Attorney Loyalty And Client Perjury - A Postscript To Nix V. Whiteside, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
How much, if at all, can a criminal defense lawyer cooperate in his or her client's decision to commit perjury? Courts, commentators, and bar committees have grappled with this question for years without offering clear or consistent guidelines. Any principled response must take into account some very hard questions. Under what circumstances, for instance, does the lawyer ever really "know" that his client's proposed testimony is false? Is it sufficient if the lawyer simply disbelieves his client's story, or that of his client's witnesses? Does it make any difference if the attorney learns of a plan to perjure during the …
An Analysis Of Illinois' New Offense Of Second Degree Murder, 20 J. Marshall L. Rev. 209 (1986), Timothy P. O'Neill
An Analysis Of Illinois' New Offense Of Second Degree Murder, 20 J. Marshall L. Rev. 209 (1986), Timothy P. O'Neill
UIC Law Review
No abstract provided.
The Clergy-Penitent Privilege And The Child Abuse Reporting Statute: Is The Secret Sacred, 19 J. Marshall L. Rev. 1031 (1986), Kathryn Keegan
The Clergy-Penitent Privilege And The Child Abuse Reporting Statute: Is The Secret Sacred, 19 J. Marshall L. Rev. 1031 (1986), Kathryn Keegan
UIC Law Review
No abstract provided.
Dismantling The Exclusionary Rule: United States V. Leon And The Courts Of Washington—Should Good Faith Excuse Bad Acts?, Catherine Cruikshank
Dismantling The Exclusionary Rule: United States V. Leon And The Courts Of Washington—Should Good Faith Excuse Bad Acts?, Catherine Cruikshank
Seattle University Law Review
This Note will review briefly the history of the exclusionary rule under fourth amendment jurisprudence, with special emphasis given to the purposes the rule has traditionally been thought to serve. The significance of the Leon decision then will be examined in light of the emergence in Washington of an interpretation of article I, section 7 that diverges from the Supreme Court's interpretations of the fourth amendment. This Note will conclude by discussing how article I, section 7 continues to embody the several purposes traditionally served by the exclusionary rule.
The Court-Ordered Predisposition Evaluation Under Washington's Juvenile Justice Act: A Violation Of The Privilege Against Self-Incrimination?—Wash. Rev. Code § 13.40, Judith H. Ramseyer
The Court-Ordered Predisposition Evaluation Under Washington's Juvenile Justice Act: A Violation Of The Privilege Against Self-Incrimination?—Wash. Rev. Code § 13.40, Judith H. Ramseyer
Seattle University Law Review
This Comment analyzes the significance of the principles animating the constitutional privilege against self-incrimination by first looking at the purposes of Washington’s Juvenile Justice Act; second, by examining the status of the privilege against self-incrimination during sentencing; and third, by applying the values protected by the privilege to the use of predisposition psychological evaluations in Washington juvenile courts.
Sentencing Problems Under The Multiple Punishment Doctrine, George C. Thomas Iii
Sentencing Problems Under The Multiple Punishment Doctrine, George C. Thomas Iii
Villanova Law Review (1956 - )
No abstract provided.
The Death Penalty, Ellen Y. Suni
The Death Penalty, Ellen Y. Suni
Faculty Works
In 1977, the Missouri legislature adopted a comprehensive statutory scheme defining capital murder and prescribing procedures to be utilized in imposing the death penalty in this state. After making minor revisions in the scheme, the legislature substantially revamped the homicide statutes in 1983. Included in this revision were changes in the definition of the substantive offense and revisions in the grounds and procedures for imposition of the death penalty. These legislative revisions and judicial interpretations have substantially broadened the class of defendants to whom the death penalty is applicable and substantially decreased the likelihood of successful appeal from a sentence …
The Law Of Confessions: Part Ii, Paul C. Giannelli
The Law Of Confessions: Part Ii, Paul C. Giannelli
Faculty Publications
No abstract provided.
A Mandatory Right To Counsel For The Material Witness, Susan Kling
A Mandatory Right To Counsel For The Material Witness, Susan Kling
University of Michigan Journal of Law Reform
This Note argues that a uniform statute establishing a mandatory right to counsel should be adopted, at both the state and federal levels, to afford to the material witness protection that the Constitution fails to provide. Part I describes the general scope of the problem and concludes that neither the federal government, the individual states, nor the United States Constitution provides the material witness with a mandatory right to counsel. Part II argues that the material witness should have a statutorily mandated right to counsel. A mandatory right to counsel should be extended to the material witness both for the …
Whose Right Is It Anyway?: Rethinking Competency To Stand Trial In Light Of The Synthetically Sane Insanity Defendant, Linda C. Fentiman
Whose Right Is It Anyway?: Rethinking Competency To Stand Trial In Light Of The Synthetically Sane Insanity Defendant, Linda C. Fentiman
Elisabeth Haub School of Law Faculty Publications
This article's thesis is that given the magnitude of the insanity defendant's fundamental constitutional liberties--his constitutional right to present and conduct his defense, his privilege against self-incrimination, his constitutional right to privacy and bodily integrity, and his common law right to give informed consent to medical treatment--the state's interest in assuring the defendant's competency must give way if he chooses to waive his right to be tried while competent. Most, if not all, of the purposes of the prohibition against trying an incompetent defendant can be met even if the defendant is tried without psychotropic medication as long as he …
The Emperor Gideon Has No Clothes: The Empty Promise Of The Constitutional Right Of Effective Assistance Of Counsel, Richard Klein
The Emperor Gideon Has No Clothes: The Empty Promise Of The Constitutional Right Of Effective Assistance Of Counsel, Richard Klein
Scholarly Works
No abstract provided.
To Have And To Hold: The Marital Rape Exemption And The Fourteenth Amendment, Anne Dailey
To Have And To Hold: The Marital Rape Exemption And The Fourteenth Amendment, Anne Dailey
Faculty Articles and Papers
No abstract provided.
Dui Roadblocks: Drunk Drivers Take A Toll On The Fourth Amendment, 19 J. Marshall L. Rev. 983 (1986), Lazaro Fernandez
Dui Roadblocks: Drunk Drivers Take A Toll On The Fourth Amendment, 19 J. Marshall L. Rev. 983 (1986), Lazaro Fernandez
UIC Law Review
No abstract provided.
Malley V. Briggs: The Court Offers A Civil Remedy For Fourth Amendment Violations On The Wake Of An Eroding Exclusionary Rule, 19 J. Marshall L. Rev. 1101 (1986), Ellen Keefe-Garner
Malley V. Briggs: The Court Offers A Civil Remedy For Fourth Amendment Violations On The Wake Of An Eroding Exclusionary Rule, 19 J. Marshall L. Rev. 1101 (1986), Ellen Keefe-Garner
UIC Law Review
No abstract provided.
Subpoenas To Criminal Defense Lawyers: Proposal For Limits, Ellen Y. Suni
Subpoenas To Criminal Defense Lawyers: Proposal For Limits, Ellen Y. Suni
Faculty Works
No abstract provided.
The Law Of Confessions: Part I, Paul C. Giannelli
The Law Of Confessions: Part I, Paul C. Giannelli
Faculty Publications
No abstract provided.