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Articles 6091 - 6120 of 6990
Full-Text Articles in Criminal Law
Influence Diagrams, Bayesian Imperialism, And The Collins Case: An Appeal To Reason, Ward Edwards
Influence Diagrams, Bayesian Imperialism, And The Collins Case: An Appeal To Reason, Ward Edwards
Cardozo Law Review
No abstract provided.
Distribution Of Damages In Car Accidents Through The Use Of Neural Networks, Lothar Philipps
Distribution Of Damages In Car Accidents Through The Use Of Neural Networks, Lothar Philipps
Cardozo Law Review
After a traffic accident the damage has to be fairly divided among the parties involved, and a ratio has to be determined. There are many precedents for this, and judges have developed catalogues suggesting ratios for common types of accidents.
The problem that "every case is different," however, remains. Many cases have familiar aspects, but also unfamiliar ones. Even if a case is composed of several familiar aspects with established ratios, the question remains as to how these are to be figured into one ratio. The first thought would be to invent a mathematical formula, but such formulae are rigid …
Comment On Edwards: Ward Edwards And The New Bayesian Software, David T. Wasserman
Comment On Edwards: Ward Edwards And The New Bayesian Software, David T. Wasserman
Cardozo Law Review
No abstract provided.
The Fall And Rise Of The Criminal Contingent Fee, Peter Lushing
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that the ban on contingent fees for criminal defense attorneys, established by the American Bar Association in 1969, is outdated and should be repealed.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.
In The Aftermath Of Soering, Is Interstate Extradition To Virginia Illegal?
In The Aftermath Of Soering, Is Interstate Extradition To Virginia Illegal?
Washington and Lee Law Review
No abstract provided.
Tribe V. Mancha, No. 90-C-1355, 91-Ap-03 (Blkft. Tr. Ct. App., Aug. 29, 1991), Blackfeet Appellate Court
Tribe V. Mancha, No. 90-C-1355, 91-Ap-03 (Blkft. Tr. Ct. App., Aug. 29, 1991), Blackfeet Appellate Court
Court Decisions
The Court of Appeals for the Blackfeet Indian Reservation dismissed the case against the defendant because he was denied his right to a speedy trial by jury. The Court found that the standard timeframe accepted by most courts for a speedy trial is 180 days, and Mancha was brought to trial after 284 days. The Court held that this delay in the trial date violated the defendant’s rights as defined in Rule 58, Chapter 9 of the Blackfeet Law and Order Code. The Court further ordered that the trial court implement a procedure at arraignment for documenting waiver of jury …
Tribe V. Mancha, No. 90-C-1355, 91-Ap-03 (Blkft. Tr. Ct. App., Aug. 29, 1991)., Blackfeet Appellate Court
Tribe V. Mancha, No. 90-C-1355, 91-Ap-03 (Blkft. Tr. Ct. App., Aug. 29, 1991)., Blackfeet Appellate Court
Court Decisions
The Court of Appeals for the Blackfeet Indian Reservation dismissed the case against the defendant because he was denied his right to a speedy trial by jury. The Court found that the standard timeframe accepted by most courts for a speedy trial is 180 days, and Mancha was brought to trial after 284 days. The Court held that this delay in the trial date violated the defendant’s rights as defined in Rule 58, Chapter 9 of the Blackfeet Law and Order Code. The Court further ordered that the trial court implement a procedure at arraignment for documenting waiver of jury …
The Jurisdiction To Do Justice: Florida's Jury Override And The State Constitution, Michael Mello
The Jurisdiction To Do Justice: Florida's Jury Override And The State Constitution, Michael Mello
Florida State University Law Review
No abstract provided.
Minnick V. Mississippi: Additional Protection For The Criminal Defendant, Gabe Hotard Jr.
Minnick V. Mississippi: Additional Protection For The Criminal Defendant, Gabe Hotard Jr.
Mercer Law Review
In Minnick v. Mississippi, the United States Supreme Court held that when counsel is requested by an accused in custody, interrogation of the accused must cease, and officials may not re-initiate interrogation without counsel present, whether or not the accused has consulted with his attorney. The privilege against self-incrimination as guaranteed by the fifth amendment and as developed into its modern form nearly a quarter-century ago in Miranda v. Arizona provided the backbone of the Supreme Court's decision. The Court's holding clarifies the previously unclear issue of whether counsel's presence on behalf of an accused is required at any interrogation …
Confessions, Criminals, And Community, Sheri Lynn Johnson
Confessions, Criminals, And Community, Sheri Lynn Johnson
Cornell Law Faculty Publications
No abstract provided.
Statutes Of Repose And The Construction Industry: A Proposal For New York, Andrew Alpern
Statutes Of Repose And The Construction Industry: A Proposal For New York, Andrew Alpern
Cardozo Law Review
No abstract provided.
Should Judges Take Seriously The Sentencing Commission's Standards For Accepting Plea Agreements?, David Yellen
Should Judges Take Seriously The Sentencing Commission's Standards For Accepting Plea Agreements?, David Yellen
Articles
No abstract provided.
Challenging Public Investigative Reports: How To Fight The Hearsay Exception, Steven P. Grossman, Stephen J. Shapiro
Challenging Public Investigative Reports: How To Fight The Hearsay Exception, Steven P. Grossman, Stephen J. Shapiro
All Faculty Scholarship
This paper discusses how attorneys can argue against having government and public reports admitted into evidence at trial that would be damaging to their client. When this paper was done, such reports were admitted via Federal Rule of Evidence 803(8)(C). The authors argue that it is possible to challenge admission of factual findings in public reports despite various court decisions which make this difficult.
Self-Defense As A Justification For Punishment, George P. Fletcher
Self-Defense As A Justification For Punishment, George P. Fletcher
Cardozo Law Review
No abstract provided.
Aspects Of Interaction Between The Torah Law, The King’S Law, And The Noahide Law In Jewish Criminal Law, Arnold N. Enker
Aspects Of Interaction Between The Torah Law, The King’S Law, And The Noahide Law In Jewish Criminal Law, Arnold N. Enker
Cardozo Law Review
No abstract provided.
Survey Of Recent Developments In Indiana Criminal Law And Procedure, Bruce G. Berner, David E. Vandercoy
Survey Of Recent Developments In Indiana Criminal Law And Procedure, Bruce G. Berner, David E. Vandercoy
Law Faculty Publications
No abstract provided.
Breaking The Silence: Should Jurors Be Allowed To Question Witnesses During Trial?, Jeffrey S. Berkowitz
Breaking The Silence: Should Jurors Be Allowed To Question Witnesses During Trial?, Jeffrey S. Berkowitz
Vanderbilt Law Review
The above line of questioning destroyed the defendant's chance of being acquitted. Surprisingly, however, the questions that sealed the defendant's fate were raised by a juror after the prosecutor had failed to elicit the devastating facts.'
The notion of allowing jurors to question witnesses during a trial is not a novel one, but the governmental entities responsible for supervising the court system never have encouraged the practice.' As a result, juror questioning is not widespread.' This situation, however, may be changing. During 1989 judges in at least thirty states, including New York, California, and Connecticut, agreed to conduct the first …
Be All You Can Be (Without The Protection Of The Constitution), Keith M. Harrison
Be All You Can Be (Without The Protection Of The Constitution), Keith M. Harrison
Law Faculty Scholarship
[Excerpt] “Despite the generous inclusion by President Reagan of the many soldiers, sailors, airmen, and marines in the concept of "the people" of this republic, it is not altogether dear whether one whose status has changed from ordinary "citizen" to "a member of the armed forces" can legitimately claim any of the constitutional protections of citizenship until he or she is no longer a member of the armed forces. In the course of this nation's history the Supreme Court has denied some or all of the protection of the Constitution to many groups of people, including African-Americans, 2 women,3 Native …
To See Or Not To See The Defendant: Expanding The Use Of Florida's Special Procedures For Taking The Testimony Of Witnesses, Glenn F. Lang
To See Or Not To See The Defendant: Expanding The Use Of Florida's Special Procedures For Taking The Testimony Of Witnesses, Glenn F. Lang
Florida State University Law Review
No abstract provided.
Jurisdiction Of The County Court
Prohibition Against Use Of State Money For Private Undertaking
Prohibition Against Use Of State Money For Private Undertaking
Touro Law Review
No abstract provided.
Fourth, Fifth, And Sixth Amendments, William E. Hellerstein
Fourth, Fifth, And Sixth Amendments, William E. Hellerstein
Touro Law Review
No abstract provided.
Alabama V. White: Anonymous Tip Held Sufficient Basis For Investigatory Stop Under Fourth Amendment, 24 J. Marshall L. Rev. 909 (1991), Martin K. Berks
Alabama V. White: Anonymous Tip Held Sufficient Basis For Investigatory Stop Under Fourth Amendment, 24 J. Marshall L. Rev. 909 (1991), Martin K. Berks
UIC Law Review
No abstract provided.
James V. Illinois: Wither The Exclusionary Rule - Not Quite Yet, 24 J. Marshall L. Rev. 493 (1991), David H. Norris
James V. Illinois: Wither The Exclusionary Rule - Not Quite Yet, 24 J. Marshall L. Rev. 493 (1991), David H. Norris
UIC Law Review
No abstract provided.