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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 Nov 1991

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 Nov 1991

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 Nov 1991

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 Oct 1991

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that the ban on contingent fees for criminal defense attorneys, established by the American Bar Association in 1969, is outdated and should be repealed.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? Sep 1991

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 Aug 1991

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 Aug 1991

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 Jul 1991

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. Jul 1991

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 Jul 1991

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 Jun 1991

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 Mar 1991

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 Feb 1991

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 Feb 1991

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 Feb 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

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.


Equal Protection Jan 1991

Equal Protection

Touro Law Review

No abstract provided.


Jurisdiction Of The County Court Jan 1991

Jurisdiction Of The County Court

Touro Law Review

No abstract provided.


Search And Seizure Jan 1991

Search And Seizure

Touro Law Review

No abstract provided.


Prohibition Against Use Of State Money For Private Undertaking Jan 1991

Prohibition Against Use Of State Money For Private Undertaking

Touro Law Review

No abstract provided.


Right To Counsel Jan 1991

Right To Counsel

Touro Law Review

No abstract provided.


Fourth, Fifth, And Sixth Amendments, William E. Hellerstein Jan 1991

Fourth, Fifth, And Sixth Amendments, William E. Hellerstein

Touro Law Review

No abstract provided.


Confrontation Clause Jan 1991

Confrontation Clause

Touro Law Review

No abstract provided.


Due Process Jan 1991

Due Process

Touro Law Review

No abstract provided.


Due Process Jan 1991

Due Process

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 Jan 1991

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 Jan 1991

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.