Constitutional Law Commons^™

The Privilege Against Self-Incrimination In A Rescue Situation, William T. Pizzi

Publications

No abstract provided.

Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

Passion is a cogently structured, compel Jingly argued and seductively enthralling masterpiece which, in years to come, will undoubtedly stand out as an inspirational source for many who seek social transformation. Unger's style, in this essay at least, is lucid and inviting. Substantively, Passion demonstrates not only the depth of his penetrating intellect but also his command of an array of' disciplines. Unger's polymathy is all the more impressive when we remember that ours is an era in which idiosyncratic specialization is the norm.

Evitts V. Lucey, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

Atascadero State Hospital V. Scanlon, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Informers Revisited: Government Surveillance Of Domestic Political Organizations And The Fourth And First Amendments, Dolores A. Donovan

Buffalo Law Review

No abstract provided.

Illinois V. Gates: Probable Cause Redefined, 17 J. Marshall L. Rev. 335 (1984), James W. Reilley, Barry E. Witlin, Christine P. Curran

UIC Law Review

No abstract provided.

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.

Criminal Procedure - Fourth Amendment - In Determining Whether An Affidavit Based Upon An Informant's Tip Constitutes Probable Cause To Issue A Search Warrant, A Magistrate Is To Apply A Totality Of Circumstances Approach, Jamieson M. Schiff

Villanova Law Review (1956 - )

No abstract provided.

Electronic Surveillance, Computers, And The Fourth Amendment - The New Telecommunications Environment Calls For Reexamination Of Doctrine, Arthur R. Landever

Law Faculty Articles and Essays

We are in the midst of a revolution in information collection and telecommunications. Computer networking, the unification of the various telecommunications systems, the establishment of central data banks, and government tracking and profiling of vast numbers of Americans present momentous challenges for our constitutional system. Increasingly, in our evolving culture, an individual enters the public setting in order to conduct his personal life. Fourth Amendment doctrine respecting electronic surveillance, as well as Supreme Court notions of "free choice" and "assumption of risk" must come to grips with this new reality. In the main, the author urges judicial intervention, as the …

On Complaining About The Burger Court, Robert F. Nagel

Publications

No abstract provided.

Race And The Decision To Detain A Suspect, Sheri Johnson

Cornell Law Faculty Publications

No abstract provided.

The Burden Of Proof In Double Jeopardy Claims, Michigan Law Review

Michigan Law Review

This Note argues that once the defendant raises a nonfrivolous double jeopardy claim that turns on a question of fact, the government should have the burden of proving that the two crimes charged are actually different. Part I traces the development of the law and the major factors behind recent federal court scrutiny of the traditional rule. Part II argues that constitutional considerations require courts to shift the burden of proof to the government, not only when practical considerations suggest the shift, but in all cases turning on questions of fact. Finally, Part III reconciles this allocation with the well-established …

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

Supreme Court Case Files

No abstract provided.

Constitutional Limitations On Postarrest, Prehearing Detention

Washington and Lee Law Review

No abstract provided.

Pretrial Bail: A Deprivation Of Liberty Or Property With Due Process Of Law

Washington and Lee Law Review

No abstract provided.

Double Jeopardy: A Systematic Method For Evaluating Evidentiary Sufficiency And Weight Of The Evidence

Washington and Lee Law Review

No abstract provided.

Fourth Amendment Search And Seizure Requirements As Applied To Sniffing Investigations By Police Dogs: People V. Mayberry, Steven M. Bradford

BYU Law Review

No abstract provided.

In Defense Of The Fourth Amendment Exclusionary Rule—A Reply To Attorney General Smith, John Wesley Hall Jr.

University of Arkansas at Little Rock Law Review

No abstract provided.

Habeas Corpus: Its History And Its Future, Charles Alan Wright

Michigan Law Review

A Review of A Constitutional History of Habeas Corpus by William F. Duker

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.

When Death Is The Issue: Uses Of Pathological Testimony And Autopsy Reports At Trial, J. Thomas Sullivan

Law Faculty Scholarship

No abstract provided.

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.

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 …

Prosecutorial Peremptory Challenge Practices In Capital Cases: An Empirical Study And A Constitutional Analysis, Bruce J. Winick

Michigan Law Review

As presently construed, the Constitution does not prohibit the death penalty. The states and the federal government may punish the commission of certain crimes with death, so long as the extreme penalty is not imposed on a mandatory basis and so long as the procedures used in imposing a death sentence meet constitutional scrutiny.

A demonstration that the prosecutor used the peremptory challenge in the manner described in a single case probably would be insufficient to support a constitutional challenge in the federal courts and in the vast majority of state courts. In these courts a prosecutor's use of the …

Prosecutorial Vindictiveness In The Criminal Appellate Process: Due Process Protection After United States V. Goodwin, Michigan Law Review

Michigan Law Review

This Note reformulates the doctrine of prosecutorial vindictiveness in light of the distinction drawn in Goodwin between pretrial and posttrial charging decisions. Part I recounts the development of the vindictiveness concept, and argues that in extending the doctrine beyond the factual settings which moved the Supreme Court to fashion its original prophylactic rule, the circuit courts have seriously eroded an essential due process safeguard. Part II critically examines the distinction between pretrial and posttrial charging decisions relied upon in Goodwin. Developing the logical corollary of the Goodwin holding, this Part argues that just as the pretrial situation does not …

The Exclusionary Rule: An Examination Of The Case Law And The Present Posture Of The Florida Supreme Court, Michael Shaw Tammaro

Florida State University Law Review

No abstract provided.

The Dimensions Of Seizure: The Concepts Of "Stop" And "Arrest", Richard A. Williamson

Faculty Publications

No abstract provided.

Review Article Of Criminal Procedure: An Analysis Of Constitutional Cases And Concepts, Sara Sun Beale

Journal of Legal Education

No abstract provided.

Stone V. Powell And The Effective Assistance Of Counsel, Michigan Law Review

Michigan Law Review

Part I briefly identifies the considerations underlying the Stone Court's decision to limit habeas corpus review of fourth amendment claims. Part II then argues against applying Stone to the sixth amendment claim. After establishing the analytic difference between the two constitutional claims and examining Stone's "opportunity for full and fair litigation" standard, it concludes that Stone is fully consistent with free review of habeas corpus petitions alleging incompetent handling of fourth amendment questions. Finally, responding to a popular interpretation of Stone, Part II demonstrates that the possibility that ineffectiveness claims may not further the determination of a defendant's …

Double Jeopardy And Federal Prosecution After State Jury Acquittal, Michigan Law Review

Michigan Law Review

This Note argues that the rationale of the Supreme Court's post-conviction cases cannot be extended to cases involving jury acquittal and that federal reprosecution after state jury acquittal violates the double jeopardy clause. One can give meaning to the clause, Part Iexplains, only by reference to its underlying constitutional values.Part II suggests that these values, while possibly compatible with federal prosecution after a state conviction, cannot countenance reprosecution after a jury acquittal. Part III proposes that courts determine whether such reprosecution is appropriate by applying the Blockhurger same offense standard: Two offenses are the same unless each requires proof of …