Criminal Law Commons^™

The Reluctant Witness For The Prosecution: Grand Jury Subpoenas To Defense Counsel, Stacy Caplow

Faculty Scholarship

No abstract provided.

The "Good Faith Exception" Cases: Reasonable Exercises In Futility, Craig M. Bradley

Indiana Law Journal

No abstract provided.

Iii. Criminal Law And Procedure

Washington and Lee Law Review

No abstract provided.

Beyond Psychiatric Expertise (By Ben Bursten, M.D.), Bruce N. Morton

Touro Law Review

No abstract provided.

Prisoners' Access To The Courts: Legal Requirements And Practical Realities, Wayne T. Westling, Patricia Rasmussen

Loyola University Chicago Law Journal

No abstract provided.

Maryland's Prompt Criminal Trial Provisions: Hicks And Beyond, Harold Douglas Norton

University of Baltimore Law Review

In 1971, the Maryland General Assembly and court of appeals adopted the prompt trial provisions. It was not until the court's 1979 decision in State v. Hicks, however, that the "teeth" were put into the provisions, by supplying dismissal as the sanction for violation of the defendant's rights under the prompt trial provisions. Since that time, there has been an abundance of litigation in an attempt to clarify the applicability of the provisions and the sanction. In this article, the author presents a practical guide to the Maryland prompt trial provisions, analyzing the provisions and the wealth of recent case …

Seizing Opportunity, Searching For Theory: Article I, Section 7, George R. Nock

Seattle University Law Review

Washington case law dealing with searches and seizures has now reached a developmental stage from which it can proceed either haphazardly or along any of several well-defined lines. The purpose of this Article is not to provide a compendium of Washington search-and-seizure cases. Rather, the Article analyzes the more recent (and some of the earlier) cases in which the Washington Supreme Court has interpreted article I, section 7, and suggests several alternative theoretical bases for the further development of Washington constitutional search-and-seizure jurisprudence.

Kidnapping: A Modern Definition, John L. Diamond

Faculty Scholarship

No abstract provided.

Executive Targeting Of Congressmen As A Violation Of The Arrest Clause, Anita Bernstein

Faculty Scholarship

No abstract provided.

Gates, Leon And The Compromise Of Adjudicatory Fairness: (Part I)-A Dialogue On Prejudicial Concurrences, Joel J. Finer

Law Faculty Articles and Essays

On July 5, 1984, the Supreme Court in Leon v. United States held that where law enforcement officials execute a search warrant issued in violation of the dictates of the fourth amendment but act in the "good faith," "objectively-reasonable" belief that the warrant was constitutionally valid, the fruits of the search should not (with a few exceptions) be excluded from evidence under the exclusionary rule. On June 8, 1983, in Illinois v. Gates, the Supreme Court, after calling for and receiving briefs and arguments on the same issue of whether the exclusionary rule should be modified, concluded, for reasons of …

Introduction To Debate (Between N. Morris And R. Bonnie): Should The Insanity Defense Be Abolished?, Joel J. Finer

Law Faculty Articles and Essays

The author introduces a debate between Professor Norval Morris and Professor Richard Bonnie on the insanity defense.

Depraved Mind Murder And Intoxication: Some Sobering Thoughts On People V. Register

Touro Law Review

No abstract provided.

The Wrong's Of Victim's Rights, Lynne Henderson

Scholarly Works

No abstract provided.

The Privilege Against Self-Incrimination In A Rescue Situation, William T. Pizzi

Publications

No abstract provided.

The Wrongs Of Victim's Rights, Lynne N. Henderson

Articles by Maurer Faculty

No abstract provided.

Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

Passion is a cogently structured, compel Jingly argued and seductively enthralling masterpiece which, in years to come, will undoubtedly stand out as an inspirational source for many who seek social transformation. Unger's style, in this essay at least, is lucid and inviting. Substantively, Passion demonstrates not only the depth of his penetrating intellect but also his command of an array of' disciplines. Unger's polymathy is all the more impressive when we remember that ours is an era in which idiosyncratic specialization is the norm.

The Burger Court And Prosecutorial Misconduct, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Professor Gershman critically examines a series of recent Supreme Court decisions dealing with prosecutorial misconduct. In each case, the Court reversed the lower court and reinstated the conviction.

There are a broad range of issues involved; from suppression of evidence to trial misconduct. As a former prosecutor in New York City, the author is forced to conclude that, "Prosecutorial misconduct occurs because it works and because sanctions for misbehavior are virtually nonexistent."

An Exception To Administering Miranda Warnings Exists Where Police Questioning Is Promptd By Concern For Public Safety., Stephen S. Goodman Iv

St. Mary's Law Journal

Abstract Forthcoming.

The Relation Back Of Claims Against Third-Party Defendants, Howard K. Fishman

Cardozo Law Review

No abstract provided.

A Transaction Theory Of Crime?, George P. Fletcher

Faculty Scholarship

The most difficult questions are foundational. It is no surprise then that one of the most puzzling questions in criminal law frames the whole inquiry: what is the nature of crime? Positivists dispose of the question easily. If the law is whatever the legislature and courts say it is, then crime is whatever these authoritative agencies designate as crime. The question becomes more interesting, however, if we regard crime as a prepositive concept, a concept that exists logically prior to the positive law. It is not that conduct is criminal because the legislature speaks; rather the legislature speaks because conduct …

Evitts V. Lucey, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

Ake V. Oklaboma, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Black V. Romano, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

Wainwright V. Witt, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Atascadero State Hospital V. Scanlon, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Criminal Procedure—Search Warrants—The Totality Of The Circumstances Test For Determination Of Probable Cause Is Adopted, Nancy Jane Willbanks

University of Arkansas at Little Rock Law Review

No abstract provided.

People Of The State Of Illinois Vs. John Gacy: The Functioning Of The Insanity Defense At The Limits Of The Criminal Law, Donald H.J. Herman, Helen L. Morrison, Yvonne Sor, Julie A. Norman, David M. Neff

West Virginia Law Review

No abstract provided.

Cross-Racial Identification Errors In Criminal Cases, Sheri Johnson

Cornell Law Faculty Publications

No abstract provided.

Public Opinion Of Forensic Psychiatry Following The Hinckley Verdict, Dan Slater, Valerie P. Hans

Cornell Law Faculty Publications

The authors obtained opinions of forensic psychiatry in a community survey following the not guilty by reason of insanity verdict in the Hinckley trial. A majority of respondents expressed little or no confidence in the specific psychiatric testimony in the Hinckley trial and only modest faith in the general ability of psychiatrists to determine legal insanity. Respondents' general and specific attitudes were strongly related. Younger people and women were more positive in their views of psychiatry in the courtroom.

Book Review Of Tightening The Reins Of Justice In America: A Comparative Analysis Of The Criminal Jury Trial In England And The United States, B. J. George Jr.

Journal of Legal Education

No abstract provided.