Criminal Law Commons^™

A Quiet Year: The Supreme Court's Criminal Law Decisions During The 1991 Term, William E. Hellerstein

Touro Law Review

No abstract provided.

Apostle Of Fundamental Fairness: New York Court Of Appeals Judge Stewart F. Hancock, Jr.'S State Constitutional Decision-Making, Thompson Gould Page

Touro Law Review

No abstract provided.

Due Process

Touro 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

Criminal Justice Faculty Publications

No abstract provided.

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.

Double Jeopardy

Touro Law Review

No abstract provided.

Due Process

Touro Law Review

No abstract provided.

Supreme Court Jurisdiction

Touro Law Review

No abstract provided.

Constitutional Identity, George P. Fletcher

Cardozo Law Review

No abstract provided.

Prison Objectives And Human Dignity: Reaching A Mutual Accommodation, Melvin Gutterman

BYU Law Review

No abstract provided.

Handgun Article, Lewis F. Powell Jr.

Powell Writings

No abstract provided.

Constitutional Criminal Law, Peggy Natale, Anthony J. Natale

Mercer Law Review

Last year, the Eleventh Circuit examined some interesting constitutional issues that affect defendants in criminal cases. What follows are the most significant of those constitutional issue cases, and an additional criminal case of first impression to the Eleventh Circuit Court of Appeals. The authors have made no effort to provide an exhaustive digest of all the court's opinions for the 1991 year.

• First Amendment
• Fourth Amendment
• Fifth Amendment
• Sixth Amendment
• Case of First Impression

Searches And Seizure

Touro Law Review

No abstract provided.

Searches And Seizure

Touro Law Review

No abstract provided.

Trial By Jury

Touro Law Review

No abstract provided.

Searches And Seizure

Touro Law Review

No abstract provided.

The Fourth, Fifth And Sixth Amendments: The Supreme Court's Major Search And Seizure, Interrogation, And Criminal Jury Selection Decisions During The 1990 Term, William E. Hellerstein

Touro Law Review

No abstract provided.

Civil Forfeiture Of Property For Drug Offenders Under Illinois And Federal Statute: Zero Tolerance, Zero Exceptions, 25 J. Marshall L. Rev. 389 (1992), T. J. Hiles

UIC Law Review

No abstract provided.

A First Amendment-Sixth Amendment Dilemma: Manuel Noriega Pushes The American Judicial System To The Outer Limits Of The First Amendment, 25 J. Marshall L. Rev. 563 (1992), Lance R. Peterson

UIC Law Review

No abstract provided.

The Tail That Wagged The Dog: Bifurcated Factfinding Under The Federal Sentencing Guidelines And The Limits Of Due Process, Susan Herman

Faculty Scholarship

No abstract provided.

Trial By Jury

Touro Law Review

No abstract provided.

The Special Relationship Rule: Is It Consistent With The Waiver Of Sovereign Immunity? - A Study Of Kircher V. City Of Jamestown, Brian T. Cohen

Touro Law Review

No abstract provided.

Sanctioning Voice: Quotation Marks, The Abolition Of Torture, And The Fifth Amendment, Margreta De Grazia

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Lethal Fiction: The Meaning Of "Counsel" In The Sixth Amendment , Bruce A. Green

Faculty Scholarship

Charles Bell, Donald Paradis, and Shirley Tyler were tried in different states for murder. Each was convicted and sentenced to death. Charles Bell was represented at trial by a recent law school graduate who had never before tried a criminal case to completion. Donald Paradis's lawyer had passed the bar exam six months earlier, had never previously represented a criminal accused, and had not elected courses in criminal law, criminal procedure, or trial advocacy while in law school. Shirley Tyler's trial lawyer was also a member of the bar for only a few months. He had defended one previous assault …

The Revitalization Of The Common-Law Civil Writ Of Audita Querela As A Post-Conviction Remedy In Criminal Cases: The Immigration Context And Beyond, Ira Robbins

Scholarly Articles in Law Reviews & Journals

Introduction: An alien lawfully enters the United States in 1972. He gets a job, gets married, and becomes a productive worker in the community. He is subsequently convicted of a felony, such as making false statements on a loan application. As a result, the Immigration and Naturalization Service (INS) brings deportation proceedings against him. The individual will seek any means possible to vacate the conviction, in order to stay in this country.' This Article explores whether the writ of audita querela. primarily used to provide post-judgment relief in civil cases at common law, can be used to challenge criminal …

A Constitutional Right Of Religious Exemption: An Historical Perspective, Philip A. Hamburger

Faculty Scholarship

Did late eighteenth-century Americans understand the Free Exercise Clause of the United States Constitution to provide individuals a right of exemption from civil laws to which they had religious objections? Claims of exemption based on the Free Exercise Clause have prompted some of the Supreme Court's most prominent free exercise decisions, and therefore this historical inquiry about a right of exemption may have implications for our constitutional jurisprudence. Even if the Court does not adopt late eighteenth-century ideas about the free exercise of religion, we may, nonetheless, find that the history of such ideas can contribute to our contemporary analysis. …

Sexual Violence, Sanity, And Safety: Constitutional Parameters For Involuntary Civil Commitment Of Sex Offenders, Beth Keiko Fujimoto

Seattle University Law Review

This Comment will address two questions: (1) whether the Washington law is substantially similar to or fundamentally different from the Illinois statute; and (2) whether the Washington statute should be upheld as a constitutional exercise of the state's civil commitment authority under Allen v. Illinois. This Comment argues that the Washington scheme is fundamentally different from the Illinois statute under Allen because it is essentially a lifetime preventive detention scheme and therefore fails to meet the constitutional requirements set forth in Allen. To that end, Part II of this Comment generally explores the involuntary commitment of sex offenders, …

Extinguishing The Burning Crosses: Washington's Malicious Harassment Statute In Light Of The Issues Of Overbreadth And Vagueness, Edward Comitz

Seattle University Law Review

This Comment briefly discusses how Washington’s malicious harassment statute should be interpreted in light of the recent United States Supreme Court case R.A.V. v. City of St. Paul. Because the issues of overbreadth and vagueness are of imminent importance, to Washington’s statute, the majority of this Comment focuses on an analysis of those issues Both issues are discussed in terms of the specific crime of cross burning with the intent to intimidate or harass as proscribed by Section (1) of Washington’s malicious harassment statute. Finally, because the real harms minority victims of hate crimes experience, this Comment argues that Washington’s …

The Fall And Rise Of The Criminal Contingent Fee, Peter Lushing

Articles

The article argues that the ban on contingent fees for criminal defense attorneys, established by the American Bar Association in 1969, is outdated and should be repealed. It contends that the ban is rooted in historical prejudice and unfounded concerns about conflicts of interest, rather than empirical evidence. The author suggests that the Supreme Court's 1989 decision implicitly approving contingent fees in certain criminal cases presents an opportunity to reconsider this prohibition. Repealing the ban could benefit middle-class defendants and allow for regulation and data collection to address potential issues.

The Right Of Confrontation, Justice Scalia, And The Power And Limits Of Textualism, Bryan H. Wildenthal

Washington and Lee Law Review

No abstract provided.