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Articles 3511 - 3540 of 4033

Full-Text Articles in Constitutional Law

New Hearsay Exceptions For A Child's Statement Of Sexual Abuse, 18 J. Marshall L. Rev. 1 (1984), Glen Skoler Jan 1984

New Hearsay Exceptions For A Child's Statement Of Sexual Abuse, 18 J. Marshall L. Rev. 1 (1984), Glen Skoler

UIC Law Review

No abstract provided.


Casenotes: Constitutional Criminal Law — Life Sentence Without Parole Imposed On Recidivist Guilty Of Seven Non-Violent Crimes Constitutes Cruel And Unusual Punishment Under The Eighth Amendment Proportionality Test — Solem V. Helm, 103 S.Ct. 3001 (1983), Elizabeth Gilbert Osterman Jan 1984

Casenotes: Constitutional Criminal Law — Life Sentence Without Parole Imposed On Recidivist Guilty Of Seven Non-Violent Crimes Constitutes Cruel And Unusual Punishment Under The Eighth Amendment Proportionality Test — Solem V. Helm, 103 S.Ct. 3001 (1983), Elizabeth Gilbert Osterman

University of Baltimore Law Review

No abstract provided.


Books Received, Law Review Staff Jan 1984

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

Quaderni Di Scienze Criminali: The Penal Protection of Works of Art. Edited by the International Institute of Higher Studies in Criminal Sciences. Siracusa, Italy: The International Institute of Higher Studies in Criminal Sciences, 1983. Pp. 447.

Japanese Business Law and the Legal System. By Elliott J. Hahn. Westport, Connecticut and London, England: Quorum Books, 1984. Pp. vii, 168. $35.00.

The Exchange Rate System: Lessons of the Past and Options for the Future. Edited by Ellas H. Wright. Washington, D.C.: International Monetary Fund, 1984. Pp. vii, 55. $7.50.

The International Maritime Organization. Edited by Samie Mandrabody. London: Croom Helm Ltd., 1984. …


Miranda Revisited: Broadening The Right To Counsel During Custodial Interrogation--Commonwealth V. Sherman, Beth Cohen Jan 1984

Miranda Revisited: Broadening The Right To Counsel During Custodial Interrogation--Commonwealth V. Sherman, Beth Cohen

Faculty Scholarship

The judicially created Miranda protections require law enforcement officials to inform criminal suspects of their right to counsel prior to proceeding with custodial interrogation. In Commonwealth v. Sherman, the Supreme Judicial Court of Massachusetts considered whether a criminal defendant validly waived his right to counsel when a police officer failed to inform him that an attorney, appointed to represent him in an unrelated case, had requested to be present during his interrogation. Concluding that, under the peculiar circumstances of the case, the defendant did not voluntarily waive his right to counsel, the court suppressed the defendant's in-custody statements to police. …


Unbridled Prosecutorial Discretion And Standardless Death Penalty Policies: The Unconstitutionality Of The Washington Capital Punishment Statutory Scheme, James E. Lobsenz Jan 1984

Unbridled Prosecutorial Discretion And Standardless Death Penalty Policies: The Unconstitutionality Of The Washington Capital Punishment Statutory Scheme, James E. Lobsenz

Seattle University Law Review

This Article advances six reasons why Washington's statutory scheme for capital punishment should be deemed unconstitutional. The current death penalty statutes violate the separation of powers doctrine, the grand jury indictment clause of the fifth amendment, the equal protection clauses of the fourteenth amendment and article I, section 12 of the Washington State Constitution, the vagueness doctrine of the due process clause, and the doctrine of unlawful delegation of legislative power. Finally, it promotes an unequal administration of capital punishment in further violation of the guarantee of equal protection of the law.


Criminal Coercion And Freedom Of Speech, Kent Greenawalt Jan 1984

Criminal Coercion And Freedom Of Speech, Kent Greenawalt

Faculty Scholarship

This essay about constitutional limits on criminal coercion concerns a piece of a larger puzzle; how freedom of expression impinges on crimes that involve communication. The essay has two interrelated purposes. One is to reach some rather specific conclusions about the kinds of coercive threats that enjoy constitutional protection and to suggest how legislative formulations of criminal coercion can minimize coverage of such threats. The second purpose, more general and theoretical, is to show how the boundaries of freedom of expression can be understood and how courts can employ those boundaries to arrive at specific tests of constitutional protection. The …


Race And The Decision To Detain A Suspect, Sheri Johnson Dec 1983

Race And The Decision To Detain A Suspect, Sheri Johnson

Cornell Law Faculty Publications

No abstract provided.


Segura V. United States, Lewis F. Powell Jr. Oct 1983

Segura V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Hudson V. Palmer, Lewis F. Powell Jr. Oct 1983

Hudson V. Palmer, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Oliver V. United States, Lewis F. Powell Jr. Oct 1983

Oliver V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Michigan V. Clifford, Lewis F. Powell Jr. Oct 1983

Michigan V. Clifford, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Welsh V. Wisconsin, Lewis F. Powell Jr. Oct 1983

Welsh V. Wisconsin, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Patton V. Yount, Lewis F. Powell Jr. Oct 1983

Patton V. Yount, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


A Due Process Of Judicially-Authorized Presumptions In Federal Aggravated Bank Robbery Cases, James F. Ponsoldt Jul 1983

A Due Process Of Judicially-Authorized Presumptions In Federal Aggravated Bank Robbery Cases, James F. Ponsoldt

Scholarly Works

Within the past fifteen years several broadly-focused articles have identified general constitutional limits, under the due process clause, on presumptions and inferences created by statute or applied by courts in trying criminal cases. Recently, in County Court of Ulster County, New York v. Allen , the Supreme Court affirmed the validity of the evidentiary devices of inference and presumptions and labeled them "a staple of our adversary system of factfinding." This suggest that to unreasonably curtail the use of circumstantial evidence in the factfinding process would place an intolerable burden on prosecutors in their efforts to prove guilt beyond a …


Confessions, Steven P. Mcgowan Apr 1983

Confessions, Steven P. Mcgowan

West Virginia Law Review

No abstract provided.


Berger's Defense Of The Death Penalty: How Not To Read The Constitution, Hugo Adam Bedau Mar 1983

Berger's Defense Of The Death Penalty: How Not To Read The Constitution, Hugo Adam Bedau

Michigan Law Review

A Review of Death Penalties: The Supreme Court's Obstacle Course by Raoul Berger


The Death Penalty In America, Michigan Law Review Mar 1983

The Death Penalty In America, Michigan Law Review

Michigan Law Review

A Review of The Death Penalty in America (Third Edition) by Hugo Adam Bedau


Toward A Common Law For Undercover Investigations - A Book Review Of Abscam Ethics: Moral Issues And Deception In Law Enforcement, Bennett L. Gershman Jan 1983

Toward A Common Law For Undercover Investigations - A Book Review Of Abscam Ethics: Moral Issues And Deception In Law Enforcement, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.


Confessions, Yale Kamisar Jan 1983

Confessions, Yale Kamisar

Book Chapters

The entry for 'Confessions' in the Encyclopedia of Crime and Justice, 1983


The Exclusionary Rule In Germany, Craig M. Bradley Jan 1983

The Exclusionary Rule In Germany, Craig M. Bradley

Articles by Maurer Faculty

The exclusionary rule that the Supreme Court has fashioned to suppress evidence obtained unconstitutionally is directed at least in part toward deterring police conduct that violates constitutional norms. Since the inception of the rule, the value and efficacy of a prescript that excludes otherwise relevant and probative evidence in a factfinding proceeding has been a subject of heated debate. In this Article, Professor Bradley examines the rather different exclusionary rules used in Germany. He argues that a comparison of exclusionary rules in Germany and the United States suggests that a number of different policies of a criminal justice system could …


Questions Surrounding Virginia's Death Penalty, James T. Lloyd Jr. Jan 1983

Questions Surrounding Virginia's Death Penalty, James T. Lloyd Jr.

University of Richmond Law Review

On August 10, 1982, Frank J. Coppola died in Virginia's electric chair. His was the fifth execution since the 1976 Supreme Court decision holding that a punishment of death was not unconstitutional per se. In the Commonwealth of Virginia, Coppola's was the first execution in over a decade.


The Philippines: A Country In Crisis - A Report By Lawyers Committee For International Human Rights, Diane Orentlicher, Marvin E. Frankel, Jack Greenberg Jan 1983

The Philippines: A Country In Crisis - A Report By Lawyers Committee For International Human Rights, Diane Orentlicher, Marvin E. Frankel, Jack Greenberg

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Constitutional Limitations On Prosecutorial Discovery, Eric Blumenson Jan 1983

Constitutional Limitations On Prosecutorial Discovery, Eric Blumenson

Suffolk University Law School Faculty Works

The purpose of this Article is to explore the constitutional implications of prosecutorial discovery and to define the limits that the Constitution imposes upon it. Following an examination of the impact of prosecutorial discovery on the accusatorial system of justice, this Article identifies and describes four constitutionally grounded principles which call into question whether prosecutorial discovery may permissibly be expanded beyond the scope of the rule upheld by the Supreme Court in Williams v. Florida. First, the fifth amendment privilege against self-incrimination, as interpreted by the Supreme Court in Williams, limits prosecutorial discovery to evidence that the defendant presently intends …


Constitutional Criminal Procedure, Thomas E. Baker Jan 1983

Constitutional Criminal Procedure, Thomas E. Baker

Faculty Publications

No abstract provided.


Rescuing The Private Attorney General: Why The Model Of The Lawyer As Bounty Hunter Is Not Working, John C. Coffee Jr. Jan 1983

Rescuing The Private Attorney General: Why The Model Of The Lawyer As Bounty Hunter Is Not Working, John C. Coffee Jr.

Faculty Scholarship

Forty years ago, Judge Jerome Frank coined the term "private Attorney General" to recognize the role of private litigation in the enforcement of law. In the intervening years, the "private attorney general" concept has become both a cliche and a crutch, receiving polite lip service from nearly all, but critical analysis from relatively few. As most college sophomores know, the private attorney general is someone who sues "to vindicate the public interest" by representing collectively those who individually could not afford the costs of litigation; and, as every law student knows, our society places extensive reliance upon such private attorneys …


Texas V. Brown, Lewis F. Powell Jr. Oct 1982

Texas V. Brown, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Illinois V. Gates, Lewis F. Powell Jr. Oct 1982

Illinois V. Gates, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Constitutional Constraints On The Admissibility Of Grand Jury Testimony: The Unavailable Witness, Confrontation, And Due Process, Barbara L. Strack Oct 1982

Constitutional Constraints On The Admissibility Of Grand Jury Testimony: The Unavailable Witness, Confrontation, And Due Process, Barbara L. Strack

University of Michigan Journal of Law Reform

Defendants, however, have raised serious constitutional objections to the introduction of grand jury testimony when the witness is unavailable to testify at trial. These claims have focused on the confrontation clause of the sixth amendment and the due process clauses of the fifth and fourteenth amendments. Defendants have contended that the introduction of testimony from a grand jury proceeding which cannot be subjected to cross-examination fatally compromises the defendant's right to a fair trial. Lower courts are split over admitting grand jury testimony in these circumstances, and the Supreme Court has yet to rule on the issue. As a result, …


The Media In The Courtroom: Attending, Reporting, Televising Criminal Cases, Paul Marcus Apr 1982

The Media In The Courtroom: Attending, Reporting, Televising Criminal Cases, Paul Marcus

Faculty Publications

No abstract provided.


Double Jeopardy And Resentencing In Bifurcated Criminal Proceedings: Bullington V. Missouri, Enid Greene Mar 1982

Double Jeopardy And Resentencing In Bifurcated Criminal Proceedings: Bullington V. Missouri, Enid Greene

BYU Law Review

No abstract provided.