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Constitutional Law

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Articles 3241 - 3270 of 4033

Full-Text Articles in Criminal Law

Note, Give Me Liberty Or Give Me Silence: Taking A Stand On Fifth Amendment Implications For Court-Ordered Therapy Programs, Jessica Wilen Berg Jan 1994

Note, Give Me Liberty Or Give Me Silence: Taking A Stand On Fifth Amendment Implications For Court-Ordered Therapy Programs, Jessica Wilen Berg

Faculty Publications

No abstract provided.


The Gate Is Open But The Door Is Locked - Habeas Corpus And Harmless Error, Bennett L. Gershman Jan 1994

The Gate Is Open But The Door Is Locked - Habeas Corpus And Harmless Error, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Brecht is a paradigm of the Rehnquist Court's result-oriented approach to habeas corpus and harmless error. The decision purports to be a principled application of the policies of finality, federalism, and judicial economy that underlay the Court's new habeas and harmless error jurisprudence. It is, in fact, an unwarranted and unprincipled extension of those policies. Depending on how the lower federal courts interpret and implement the decision, Brecht could have a devastating impact on the way state prosecutors and judges administer criminal justice, as well as the ability of state prisoners to redress constitutional violations.


The "Wrap" On Probable Cause: The Fourth Amendment Contained, Paul L. Kaminsky Jan 1994

The "Wrap" On Probable Cause: The Fourth Amendment Contained, Paul L. Kaminsky

St. Thomas Law Review

Part I of this Note begins by exploring the meaning of probable cause, briefly tracing its development. Part I continues with an examination of how the Supreme Court's interpretation of the Fourth Amendment and the probable cause requirement relates to searches and seizures of containers, specifically, containers that may fall within the Sanders' footnote "exception." The relationship between the Sanders doctrine and that of the "plain view" doctrine will also be examined. In Part II, this Note presents the case of United States v. Prandy-Binett as an example of the above-mentioned doctrinal exceptions to the requirements of the Fourth Amendment …


Equal Protection: People V. Walker Jan 1994

Equal Protection: People V. Walker

Touro Law Review

No abstract provided.


Sotto Voce: The Supreme Court's Low Key But Not Insignificant Criminal Law Rulings During The 1992 Term, William E. Hellerstein Jan 1994

Sotto Voce: The Supreme Court's Low Key But Not Insignificant Criminal Law Rulings During The 1992 Term, William E. Hellerstein

Touro Law Review

No abstract provided.


The Sixth Amendment On Ice-United States V. Jones: Whether Sentence Enhancements For Failure To Plead Guilty Chill The Exercise Of The Right To Trial, Andrew Neal Siegel Jan 1994

The Sixth Amendment On Ice-United States V. Jones: Whether Sentence Enhancements For Failure To Plead Guilty Chill The Exercise Of The Right To Trial, Andrew Neal Siegel

American University Law Review

No abstract provided.


Overbroad Civil Forfeiture Statutes Are Unconstitutionally Vague, Deborah Duseau, David Schoenbrod Jan 1994

Overbroad Civil Forfeiture Statutes Are Unconstitutionally Vague, Deborah Duseau, David Schoenbrod

Articles & Chapters

No abstract provided.


Hardening Of The Attitudes: Americans' Views On The Death Penalty, Phoebe C. Ellsworth, Samuel R. Gross Jan 1994

Hardening Of The Attitudes: Americans' Views On The Death Penalty, Phoebe C. Ellsworth, Samuel R. Gross

Articles

American support for the death penalty has steadily increased since 1966, when opponents outnumbered supporters, and now in the mid-1990s is at a near record high. Research over the last 20 years has tended to confirm the hypothesis that most people’s death penalty attitudes (pro or con) are based on emotion rather than information or rational argument. People feel strongly about the death penalty, know little about it, and feel no need to know more. Factual information (e.g., about deterrence and discrimination) is generally irrelevant to people’s attitudes, and they are aware that this is so. Support for the death …


Illusion, Illogic, And Injustice: Real-Offense Sentencing And The Federal Sentencing Guidelines, David Yellen Dec 1993

Illusion, Illogic, And Injustice: Real-Offense Sentencing And The Federal Sentencing Guidelines, David Yellen

Articles

No abstract provided.


The Langugage And Culture (Not To Say Race) Of Peremptory Challenges, Sheri Lynn Johnson Oct 1993

The Langugage And Culture (Not To Say Race) Of Peremptory Challenges, Sheri Lynn Johnson

Cornell Law Faculty Publications

No abstract provided.


Continuing Criminal Enterprise, Conspiracy, And The Multiple Punishment Doctrine, Kenneth G. Schuler Aug 1993

Continuing Criminal Enterprise, Conspiracy, And The Multiple Punishment Doctrine, Kenneth G. Schuler

Michigan Law Review

This Note argues that the Multiple Punishment Doctrine prohibits the imposition of concurrent convictions and sentences upon criminal defendants found guilty of engaging in a CCE and conspiring to violate narcotics laws. Part I surveys the values underlying the Multiple Punishment Doctrine and traces the evolution of the Supreme Court's application of the doctrine to modern criminal law. Part II examines the various methods employed by the circuit courts of appeals to deal with simultaneous convictions and sentences for CCE and conspiracy. Part III reviews the test, identified in Part I, that the Supreme Court has implicitly utilized to analyze …


Constitutional Criminal Law, Peggy Natale Jul 1993

Constitutional Criminal Law, Peggy Natale

Mercer Law Review

This year, the Eleventh Circuit issued opinions on a variety of criminal constitutional law cases, including decisions granting writs of habeas corpus on several death row inmates, and in three cases addressing ineffective assistance of counsel. What follows is a summary of some of the most important criminal constitutional cases for 1992. No effort has been made to make an exhaustive review of. all of the court's criminal cases for the year.


Cooper V. Dupnik: Civil Liability For Unconstitutional Interrogations, Julie E. Hawkins Jun 1993

Cooper V. Dupnik: Civil Liability For Unconstitutional Interrogations, Julie E. Hawkins

Washington and Lee Law Review

No abstract provided.


Capital Punishment's Future, Welsh S. White May 1993

Capital Punishment's Future, Welsh S. White

Michigan Law Review

A Review of Capital Punishment in America by Raymond Paternoster


Equal Protection Jan 1993

Equal Protection

Touro Law Review

No abstract provided.


Equal Protection Jan 1993

Equal Protection

Touro Law Review

No abstract provided.


Equal Protection Jan 1993

Equal Protection

Touro Law Review

No abstract provided.


A Note To Our Readers, The Editors Jan 1993

A Note To Our Readers, The Editors

Touro Law Review

No abstract provided.


Right To Counsel Jan 1993

Right To Counsel

Touro Law Review

No abstract provided.


Search & Seizure Jan 1993

Search & Seizure

Touro Law Review

No abstract provided.


Search & Seizure Jan 1993

Search & Seizure

Touro Law Review

No abstract provided.


Trial By Jury Jan 1993

Trial By Jury

Touro Law Review

No abstract provided.


Hudson V. Mcmillian And Prisoners' Rights: The Court Giveth And The Court Taketh Away, Doretha M. Van Slyke Jan 1993

Hudson V. Mcmillian And Prisoners' Rights: The Court Giveth And The Court Taketh Away, Doretha M. Van Slyke

American University Law Review

No abstract provided.


Re-Righting The Right To Privacy: The Supreme Court And The Constitutional Right To Privacy In Criminal Law, Jana Nestlerode Jan 1993

Re-Righting The Right To Privacy: The Supreme Court And The Constitutional Right To Privacy In Criminal Law, Jana Nestlerode

Cleveland State Law Review

Since the 1970's, federal legislation has expanded privacy rights in nonconstitutional areas. Juxtaposed against this more liberal legislative trend is the action of a significantly more conservative judiciary which has, and is, contracting that right in those areas governed by the Constitution. An examination of the Supreme Court's most recent decisions in the criminal law arena readily bears witness to this proclivity.


Illinois' Stalking Statute: Taking Unsteady Aim At Preventing Attacks, 26 J. Marshall L. Rev. 821 (1993), Gregory W. O'Reilly Jan 1993

Illinois' Stalking Statute: Taking Unsteady Aim At Preventing Attacks, 26 J. Marshall L. Rev. 821 (1993), Gregory W. O'Reilly

UIC Law Review

No abstract provided.


Constitutional Law - When Does Guilty Of Third Degree Murder Equal Not Guilty By Reason Of Insanity, Robert Ebby Jan 1993

Constitutional Law - When Does Guilty Of Third Degree Murder Equal Not Guilty By Reason Of Insanity, Robert Ebby

Villanova Law Review (1956 - )

No abstract provided.


The Eleventh Commandment: Thou Shalt Not Be Compelled To Render The Ineffective Assistance Of Counsel, Richard Klein Jan 1993

The Eleventh Commandment: Thou Shalt Not Be Compelled To Render The Ineffective Assistance Of Counsel, Richard Klein

Scholarly Works

No abstract provided.


The Death Penalty: A Solution To The Problem Of Intentional Aids Transmission Through Rape, 26 J. Marshall L. Rev. 941 (1993), Stefanie S. Wepner Jan 1993

The Death Penalty: A Solution To The Problem Of Intentional Aids Transmission Through Rape, 26 J. Marshall L. Rev. 941 (1993), Stefanie S. Wepner

UIC Law Review

No abstract provided.


Murder Plus Mitigation: The Lesser Mitigated Offense Arrives In Illinois, 27 J. Marshall L. Rev. 61 (1993), Daniel B. Shanes Jan 1993

Murder Plus Mitigation: The Lesser Mitigated Offense Arrives In Illinois, 27 J. Marshall L. Rev. 61 (1993), Daniel B. Shanes

UIC Law Review

No abstract provided.


The Constitutional Right To Defense Experts, Paul C. Giannelli Jan 1993

The Constitutional Right To Defense Experts, Paul C. Giannelli

Faculty Publications

No abstract provided.