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Articles 1681 - 1710 of 2062

Full-Text Articles in Courts

The Evolution Of Adolescence: A Developmental Perspective On Juvenile Justice Reform, Elizabeth S. Scott, Thomas Grisso Jan 1997

The Evolution Of Adolescence: A Developmental Perspective On Juvenile Justice Reform, Elizabeth S. Scott, Thomas Grisso

Faculty Scholarship

The legal response to juvenile crime is undergoing revolutionary change, and its ultimate shape is uncertain. The traditional juvenile court, grounded in optimism about the potential for rehabilitation of young offenders, has long been the target of criticism, and even its defenders have been forced to acknowledge that it has failed to meet its objectives. Beginning in the late 1960s, when the Supreme Court introduced procedural regularity to delinquency proceedings in In re Gault, courts and legislatures began to slowly chip away at the foundations of the juvenile justice system. Recent developments have accelerated and intensified that process, as …


The Color Of Truth: Race And The Assessment Of Credibility, Sheri Lynn Johnson Jul 1996

The Color Of Truth: Race And The Assessment Of Credibility, Sheri Lynn Johnson

Cornell Law Faculty Publications

No abstract provided.


Due Process Jan 1996

Due Process

Touro Law Review

No abstract provided.


Right To Counsel Jan 1996

Right To Counsel

Touro Law Review

No abstract provided.


Due Process Jan 1996

Due Process

Touro Law Review

No abstract provided.


Quality Of Mercy Must Be Restrained, And Other Lessons In Learning To Love The Federal Sentencing Guidelines, Frank O. Bowman Iii Jan 1996

Quality Of Mercy Must Be Restrained, And Other Lessons In Learning To Love The Federal Sentencing Guidelines, Frank O. Bowman Iii

Faculty Publications

In the remarks that follow, I do four things. First, for those unfamiliar with the Federal Sentencing Guidelines, I begin by explaining briefly how the Guidelines work. Second, I endeavor to show why Judge Cabranes is wrong, absolutely wrong in declaring the Guidelines a failure, and mostly wrong in the specific criticisms he and others level against the Guidelines. Third, after jousting with Judge Cabranes a bit, I discuss some problems with the current federal sentencing system, most notably the sheer length of narcotics sentences. Finally, I comment briefly on some of the implications of the Guidelines, and the principles …


The Death Penalty And The Interstate Agreement On Detainers Act: A Proposal For Change, 29 J. Marshall L. Rev. 499 (1996), Edward G. Hild Jan 1996

The Death Penalty And The Interstate Agreement On Detainers Act: A Proposal For Change, 29 J. Marshall L. Rev. 499 (1996), Edward G. Hild

UIC Law Review

No abstract provided.


Public Perception, Justice, And The "Search For Truth" In Criminal Cases, Craig M. Bradley, Joseph L. Hoffmann Jan 1996

Public Perception, Justice, And The "Search For Truth" In Criminal Cases, Craig M. Bradley, Joseph L. Hoffmann

Articles by Maurer Faculty

No abstract provided.


Due Process Jan 1996

Due Process

Touro Law Review

No abstract provided.


The Victim-Plaintiff In Criminal Trials And Civil Law Responses To Sexual Violence, Alexandra Goy Jan 1996

The Victim-Plaintiff In Criminal Trials And Civil Law Responses To Sexual Violence, Alexandra Goy

Cardozo Journal of Equal Rights & Social Justice

The article examines the role of the victim-plaintiff in German criminal trials, particularly in cases involving sexual violence. It highlights the unique procedural rights granted to victim-plaintiffs, such as the ability to participate actively in trials and present evidence. However, the analysis reveals significant practical and systemic barriers that limit the effectiveness of this institution, including restrictive evidentiary rules, financial challenges, and gender biases within the judiciary. The article argues that while the victim-plaintiff institution offers opportunities for victims to seek justice, its impact is undermined by these obstacles, raising concerns about the protection of sexual autonomy and gender equality …


Corpus Juris Tertium: Redemptive Jurisprudence In Angels In America, John R. Quinn Jan 1996

Corpus Juris Tertium: Redemptive Jurisprudence In Angels In America, John R. Quinn

Scholarly Works

No abstract provided.


Fact-Bargaining: An American Phenomenon, William T. Pizzi Jan 1996

Fact-Bargaining: An American Phenomenon, William T. Pizzi

Publications

No abstract provided.


Cooperating With The Prosecutor: How Many Motions Does It Take To Secure A Sentence That Is Less Than The Mandatory Minimum Provided By Statute?, Jimmy Gurulé Jan 1996

Cooperating With The Prosecutor: How Many Motions Does It Take To Secure A Sentence That Is Less Than The Mandatory Minimum Provided By Statute?, Jimmy Gurulé

Journal Articles

A preview of Melendez v. United States, a 1996 Supreme Court case in which a convicted cocaine dealer appealed his mandatory 10 year sentence under the federal statutes on the grounds that he had cooperated with the prosecutor. While the United States Congress has authorized courts to impose sentences below the mandatory minimum set by the statutes and the Federal Sentencing Guidelines for defendants who provide substantial cooperation with the prosecution, courts can only do so at the request of the prosecutor. At issue in this case, where the prosecutor requested a sentence lower than the Guidelines minimum but not …


The Double Jeopardy Dilemma: Does Criminal Prosecution And Civil Forfeiture In Separate Proceedings Violate The Double Jeopardy Clause?, Jimmy Gurulé Jan 1996

The Double Jeopardy Dilemma: Does Criminal Prosecution And Civil Forfeiture In Separate Proceedings Violate The Double Jeopardy Clause?, Jimmy Gurulé

Journal Articles

A preview of two 1996 Supreme Court cases. In the first case, US v. Ursery, a convicted narcotics dealer filed a motion to dismiss his criminal sentence on the grounds that it had violated the double jeopardy clause because he had already received a civil forfeiture judgment for the same crime. The second case, US v. $405,089.23, involves a similar situation, with a convicted felon filing a motion to dismiss his civil forfeiture case on the grounds that he had received a criminal sentence for the same crime earlier. The article argues that the two cases are significant because the …


Excessive Criminal Justice Caseloads: Challenging The Conventional Wisdom, Jerold H. Israel Jan 1996

Excessive Criminal Justice Caseloads: Challenging The Conventional Wisdom, Jerold H. Israel

Articles

Since the mid-1960s, no element of the criminal justice environment has received more attention and been accorded greater importance, in both popular and professional commentary, than has the pressure of heavy caseloads. The lack of sufficient resources to deal with overbearing caseloads has been widely characterized as the most pervasive and most critical administrative challenge faced by police, prosecutors, public defenders, and courts.' National commissions have regularly complained that the criminal justice system is "overcrowded, overworked, [and] undermanned," and must be given "substantially more money" to cure those ills if it is ever to perform all of the tasks assigned …


“A One Way Ticket To Palookaville”: Supreme Court Takings Jurisprudence After Dolan And Its Implication For New York City’S Waterfront Zoning Resolution, Jill Illan Berger Inbar Dec 1995

“A One Way Ticket To Palookaville”: Supreme Court Takings Jurisprudence After Dolan And Its Implication For New York City’S Waterfront Zoning Resolution, Jill Illan Berger Inbar

Cardozo Law Review

This Note will use the Waterfront Ordinance as a vehicle for examining the new heightened scrutiny standard introduced in Dolan. Part I provides an overview of takings jurisprudence and the traditional pre-Nollan and pre-Dolan standards, which were applied to determine whether an exercise of police power oversteps its bounds and interferes with private property rights guaranteed under the Fifth Amendment. Part II reviews the new standards espoused by the Supreme Court in Nollan and Dolan. Part III describes the purpose of New York City's 1993. Waterfront Zoning Ordinance and discusses its history, objectives, and provisions. Part …


Legal And Political Hermeneutics, Or Principles Of Interpretation And Construction In Law And Politics, With Remarks On Precedents And Authorities, Francis Lieber Apr 1995

Legal And Political Hermeneutics, Or Principles Of Interpretation And Construction In Law And Politics, With Remarks On Precedents And Authorities, Francis Lieber

Cardozo Law Review

The second edition of the Hermeneutics was published in 1839, and has now been out of print for almost forty years. In 1860 Dr. Lieber carefully revised it, and made additions to both text and notes, expecting to publish a third edition, with a second part, of "Special Hermeneutics, or Legal Rules of Interpretation and Construction," by an eminent member of the New York Bar, Mr. William Curtis Noyes. This plan, however, was not carried out, and Mr. Noyes died December 25, 1863, without having written his proposed part. The text of the present edition, and Dr. Lieber's own notes, …


Opening The Door To The Grand Jury: Abandoning Secrecy For Secrecy's Sake, George Edward Dazzo Mar 1995

Opening The Door To The Grand Jury: Abandoning Secrecy For Secrecy's Sake, George Edward Dazzo

University of the District of Columbia Law Review

The grand jury in the United States is hailed by its proponents as an indispensable buffer of protection from malicious and unfounded prosecution by the State. Critics, however, liken the investigatory body to a rubber stamp of the prosecutor, analogous to early English grand jurors who were subject to the influences of the Monarch. Criticism of the grand jury often focuses on the grand jury's potential for oppression rather than protection of the individual.' In particular, it is the secrecy of the grand jury that sparks the most debate.'


Suggestions For Circuit Court Review Of Local Procedures, Carl Tobias Mar 1995

Suggestions For Circuit Court Review Of Local Procedures, Carl Tobias

Washington and Lee Law Review

No abstract provided.


New Formula For Peremptory Challenges: Xx=Xy, Susan Y. Soong Jan 1995

New Formula For Peremptory Challenges: Xx=Xy, Susan Y. Soong

Circles: Buffalo Women's Journal of Law and Social Policy

No abstract provided.


Defendant's Right To Be Present In New York: A "Constatutory" Right, Steven N. Malitz Jan 1995

Defendant's Right To Be Present In New York: A "Constatutory" Right, Steven N. Malitz

Touro Law Review

No abstract provided.


Due Process Jan 1995

Due Process

Touro Law Review

No abstract provided.


Power Of Courts Jan 1995

Power Of Courts

Touro Law Review

No abstract provided.


Private Loans Jan 1995

Private Loans

Touro Law Review

No abstract provided.


Right To Counsel Jan 1995

Right To Counsel

Touro Law Review

No abstract provided.


Right To Counsel Jan 1995

Right To Counsel

Touro Law Review

No abstract provided.


Right To Cross-Examine Jan 1995

Right To Cross-Examine

Touro Law Review

No abstract provided.


Sentencing And Cultural Differences: Banishment Of The American Indian Robbers, 29 J. Marshall L. Rev. 239 (1995), Stephanie J. Kim Jan 1995

Sentencing And Cultural Differences: Banishment Of The American Indian Robbers, 29 J. Marshall L. Rev. 239 (1995), Stephanie J. Kim

UIC Law Review

No abstract provided.


Double Jeopardy Jan 1995

Double Jeopardy

Touro Law Review

No abstract provided.


Double Jeopardy Jan 1995

Double Jeopardy

Touro Law Review

No abstract provided.