Criminal Law Commons^™

Malley V. Briggs: The Court Offers A Civil Remedy For Fourth Amendment Violations On The Wake Of An Eroding Exclusionary Rule, 19 J. Marshall L. Rev. 1101 (1986), Ellen Keefe-Garner

UIC Law Review

No abstract provided.

Gates, Leon And The Compromise Of Adjudicatory Fairness: (Part Ii)-Aggressive Majoritarianism, Willful Deafness, And The New Exception To The Exclusionary Rule, Joel J. Finer

Law Faculty Articles and Essays

This Article will offer an elaboration of the idea of judicial "aggressiveness" (which Professor Stone, by and large, leaves undefined) through examination of the majority opinion in United States v. Leon and its application in Massachusetts v. Sheppard. It will also advance the thesis that the majority in Leon exhibited a particular kind of aggressiveness--willful deafness.

Subpoenas To Criminal Defense Lawyers: Proposal For Limits, Ellen Y. Suni

Faculty Works

No abstract provided.

A Report And Analysis Of The Military Mental Nonresponsibility Defense, Darryll K. Jones

Journal Publications

Due to the intense pressures of warfare, and the more common stress related demands placed on the peacetime service member, the mental nonresponsibility defense should be more often legitimately asserted in a military criminal trial. Further, those who place demands on service members have an obligation to ensure that the nonresponsibility defense is substantively and procedurally fair. This article analyzes the nonresponsibility defense, beginning with the procedural aspects and later examining significant substantive issues and how they are resolved by the United States Court of Military Appeals. The procedural section will discuss how the nonresponsibility issue is raised, the defendant's …

Criminal Justice Issues In Revolutionary Nicaragua, Stephen C. Thaman

All Faculty Scholarship

In this article, the author discusses his experiences traveling to Nicaragua in May 1985, as a part of a group of American lawyers and law professors invited by the Nicaraguan Association of Democratic Justice to consult on the judicial process, as well as a revolutionary struggle within the Nicaraguan institutions responsible for criminal justice. This article addresses current criminal procedure, special tribunals, and popular anti-Somocista tribunals. It also discusses a pilot project geared to improve criminal justice issues in Nicaragua.

Attempting The Impossible: The Emerging Consensus, Ira Robbins

Scholarly Articles in Law Reviews & Journals

Impossible attempts are situations in which an actor fails to consummate a substantive crime because he is mistaken about attendant circumstances. Professor Robbins divides mistakes regarding circumstances into three categories: mistakes of fact, mistakes of law, and mistakes of mixed fact and law. Courts and commentators disagree primarily over the identification and treatment of mixed fact law cases. Professor Robbins surveys each category of mistake. He then examines the objective, subjective, and hybrid approaches to dealing with the mixed fact/law category. The objective approach requires an objective manifestation of the actor's intent before conviction is allowed. The subjective approach permits …

The Bad Faith-Harassment Exception To The Younger Doctrine: Exploring The Empty Universe, C. Keith Wingate

Faculty Scholarship

No abstract provided.

Conflicts-Of-Interest Disqualification In Medical Malpractice Litigation, George J. Annas

Faculty Scholarship

Less than two decades ago it was thought sufficient to say, "When a practitioner is in doubt on an ethical question, the best answer is usually No." A more recent commentator has suggested, however, that "[s]uch platitudes have become increasingly inadequate to guide the attorney facing conflicts of interests in the private practice of law." Because of the general vagueness of the American Bar Association's Model Code of Professional Responsibility, and of state codes based on it, courts have begun to fashion a vast "common law" of conflicts of interest A particularly controversial entry to this body of common law …

The Availability Of Injunctions In Bankruptcy To Restrain Collection Of I.R.C. 6672(A) Penalties, Beth K. Neelman

Cardozo Law Review

No abstract provided.

Corrections In Crisis : Report Of The Governor's Blue Ribbon Commission On Corrections, Maine Governor's Blue Ribbon Commission On Corrections

Maine Collection

Corrections In Crisis : Report of the Governor's Blue Ribbon Commission on Corrections.

Augusta, Me., The Commission, December 1985

"This Commission was funded through the 1984 Appropriations Act, P.L. 1983, Ch. 824, Pt. A."

Contents: Preamble / Summary of Recommendations / Community Corrections Recommendations / Sentencing Recommendations / Correctional Management Recommendations / Selected Legislative Issues / Conclusion

The Child Witness: The Progress And Emerging Limitations, Lucy Berliner

University of Miami Law Review

No abstract provided.

Other Crimes Evidence To Prove The Corpus Delicti Of A Child Sexual Offense, Amber Donner-Froelich

University of Miami Law Review

No abstract provided.

Indicia Of Reliability And Face To Face Confrontation: Emerging Issues In Child Sexual Abuse Prosecutions, Michael H. Graham

University of Miami Law Review

No abstract provided.

Child Sexual Assault: Children's Memory And The Law, Gail S. Goodman, Vicki S. Helgeson

University of Miami Law Review

No abstract provided.

Expert Testimony In Child Sexual Abuse Cases, Rebecca J. Roe

University of Miami Law Review

No abstract provided.

Introduction: Background And Overview Of Child Sexual Abuse Law Reforms In The Mid-1980'S, Josephine Bulkley

University of Miami Law Review

No abstract provided.

See No Evil? Can Insulation Of Child Sexual Abuse Victims Be Accomplished Without Endangering The Defendant's Constitutional Rights?, Wallace J. Mlyniec, Michelle M. Dally

University of Miami Law Review

No abstract provided.

Diagnostic Evaluations And The Use Of Videotapes In Child Sexual Abuse Cases, Kee Macfarlane

University of Miami Law Review

No abstract provided.

The District Attorney As A Mobilizer In A Community Approach To Child Sexual Abuse, Robert E. Cramer Jr.

University of Miami Law Review

No abstract provided.

Child Sexual Abuse Prosecutions: The Current State Of The Art, Michael H. Graham

University of Miami Law Review

No abstract provided.

The Competency Requirement For The Child Victim Of Sexual Abuse: Must We Abandon It?, Robin W. Morey

University of Miami Law Review

No abstract provided.

Press-Enterprise Co. V. Superior Court Of California For The County Of Riverside, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Bowers V. Hardwick, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Kuhlmann V. Wilson, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Meritor Savings Bank, Fsb V. Vinson, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Thornburgh V. American College Of Obstetricians And Gynecologists, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Batson V. Kentucky, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Wainwright V. Witt: A New Standard For Death-Qualifying A Capital Jury, Phillip M. Stowers

West Virginia Law Review

No abstract provided.

Monitoring Of Beeper Signal Emanating From Private Residence Violates Fourth Amendment Rights Of Those Who Have An Expectation Of Privacy In The Home., Steven J. Berry

St. Mary's Law Journal

Abstract Forthcoming.

Black Innocence And The White Jury, Sheri Johnson

Cornell Law Faculty Publications

Racial prejudice has come under increasingly close scrutiny during the past thirty years, yet its influence on the decisionmaking of criminal juries remains largely hidden from judicial and critical examination. In this Article, Professor Johnson takes a close look at this neglected area. She first sets forth a large body of social science research that reveals a widespread tendency among whites to convict black defendants in instances in which white defendants would be acquitted. Next, she argues that none of the existing techniques for eliminating the influence of racial bias on criminal trials adequately protects minority-race defendants. She contends that …