Criminal Law Commons^™

Tennessee V. Garner, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

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

Supreme Court Case Files

No abstract provided.

Winston V. Lee, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

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

Supreme Court Case Files

No abstract provided.

New Jersey V. T.L.O., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

The Inventory Search And The Arrestee's Privacy Expectation, John M. Wray

Indiana Law Journal

No abstract provided.

Confronting Child Victims Of Sex Abuse: The Unconstitutionality Of The Sexual Abuse Hearsay Exception, Katrin E. Frank

Seattle University Law Review

This Comment first analyzes Washington’s hearsay exception Act in the light of the principles that form the basis for the hearsay rule and its exceptions. It then examines the effect of the Act on the preexisting hearsay rules. Next, it compares the concept of unavailability as used in the hearsay exceptions with the concept of incompetence; both concepts are then analyzed according to the requirements of the hearsay rules and the confrontation clause. The Comment concludes that the Act is unconstitutional because it permits admission of hearsay of testimonially incompetent children.

Inculpatory Statements Against Penal Interest: State V. Parris Goes Too Far, James E. Beaver, Cheryl Mccleary

Seattle University Law Review

This article first demonstrates that courts historically did not trust penal interest statements in general, and that courts were extremely suspicious of any statements by a third party that implicated the defendant. Since Washington adopted Federal Rule of Evidence 804(b)(3) verbatim, this article then analyzes the legislative history of the rule. The article concludes that the legislative history favored exclusion of inculpatory statements but that Congress failed to codify the exclusion because of unrelated problems. Finally, the article discusses the confrontation clause problems that arise when inculpatory statements are allowed into evidence. This article argues that the Parris holding should …

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

University of Baltimore Law Review

No abstract provided.

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

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

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

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

Cornell Law Faculty Publications

No abstract provided.

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

Supreme Court Case Files

No abstract provided.

Hudson V. Palmer, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

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

Supreme Court Case Files

No abstract provided.

Michigan V. Clifford, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Welsh V. Wisconsin, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

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

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

West Virginia Law Review

No abstract provided.

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

Michigan Law Review

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