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Articles 6391 - 6420 of 6959
Full-Text Articles in Criminal Law
Construing Federal Criminal Statutes Employing Terms Which Have No Established Common-Law Meaning: Section 2113(B) Of The Federal Bank Robbery Act, 16 J. Marshall L. Rev. 125 (1982), Linas J. Kelecius
UIC Law Review
No abstract provided.
Survey Of Developments In West Virginia Law: 1981
Survey Of Developments In West Virginia Law: 1981
West Virginia Law Review
No abstract provided.
Entrapment, Shocked Consciences, And The Staged Arrest, Bennett L. Gershman
Entrapment, Shocked Consciences, And The Staged Arrest, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
This Article discusses the relatively spare and unsettled case law relating to the staged arrest, reflected primarily in United States v. Archer and Nigrone v. Murtagh. Part III of this Article examines the defense of entrapment, one of the most confusing and controversial legal doctrines, and its application to the staged arrest. Because the staged arrest ineluctably raises questions of offensive government conduct that neither constitutes unlawful entrapment nor invades any independent rights of citizens, part IV considers the analysis of courts that have invoked the due process clause to limit government investigations. In view of the failure of these …
Abscam, The Judiciary, And The Ethics Of Entrapment, Bennett L. Gershman
Abscam, The Judiciary, And The Ethics Of Entrapment, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
Part I of this Article surveys the development of the competing threads of entrapment theory. Part II shows how these theories were applied in the Abscam prosecutions. Part III turns to the predisposition test and demonstrates its analytical flaws and its ineffectiveness in restraining he improper use of inducements in undercover investigations. Part IV offers specific suggestions for a federal entrapment statute to remedy these defects. The statute allows an entrapment defense where the undercover techniques used fall outside a narrowly defined range of permissible conduct. If the government's conduct is permissible, the statute nevertheless requires the decision-maker to examine …
Criminal Law And Procedure, Various Editors
Criminal Law And Procedure, Various Editors
Villanova Law Review (1956 - )
No abstract provided.
Federal Parole And Federal Sentencing: A Report On The Present And Some Thoughts For The Future, David J. Gottlieb
Federal Parole And Federal Sentencing: A Report On The Present And Some Thoughts For The Future, David J. Gottlieb
Loyola University Chicago Law Journal
No abstract provided.
Foreword, James P. Carey
Commentary On Bullington V. Missouri, Richard Sindel
Commentary On Bullington V. Missouri, Richard Sindel
Loyola University Chicago Law Journal
No abstract provided.
Prosecutorial Vindictiveness And The Plea Bargaining Exception: Bordenkircher V. Hayes Four Years Later, Christine Schaack Mcgoey
Prosecutorial Vindictiveness And The Plea Bargaining Exception: Bordenkircher V. Hayes Four Years Later, Christine Schaack Mcgoey
Loyola University Chicago Law Journal
No abstract provided.
Criminal Sentencing Legislation Pending Before The Ninety-Seventh Congress, Timothy J. Frenzer
Criminal Sentencing Legislation Pending Before The Ninety-Seventh Congress, Timothy J. Frenzer
Loyola University Chicago Law Journal
No abstract provided.
Domestic Violence: Illinois Responds To The Plight Of The Battered Wife - The Illinois Domestic Violence Act, 16 J. Marshall L. Rev. 77 (1982), Mary Lou Boland
Domestic Violence: Illinois Responds To The Plight Of The Battered Wife - The Illinois Domestic Violence Act, 16 J. Marshall L. Rev. 77 (1982), Mary Lou Boland
UIC Law Review
No abstract provided.
Criminal Law: Homicide, Ellen Y. Suni
Criminal Law: Homicide, Ellen Y. Suni
Faculty Works
Substantive criminal law in Missouri has undergone substantial change in recent years. The most significant aspect of this change has been the adoption of the criminal code which discarded common law definitions of crime and redefined offenses in accord with the more modern Model Penal Code approach. Although the code's drafters recommended major revision of the homicide statutes, these revisions were not ultimately adopted and the Missouri homicide statutes retained their common law approach. A combination of United States Supreme Court decisions, legislative activity and Missouri cases decided during the last decade, however, have led to important developments in the …
Subjective Or Objective - Ups And Downs Of The Test Of Criminal Liability In England, John C. Smith
Subjective Or Objective - Ups And Downs Of The Test Of Criminal Liability In England, John C. Smith
Villanova Law Review (1956 - )
No abstract provided.
Sentencing Provisions And Considerations In The Federal System, Stanley J. Roszkowski Honorable
Sentencing Provisions And Considerations In The Federal System, Stanley J. Roszkowski Honorable
Loyola University Chicago Law Journal
No abstract provided.
Sentencing Under The Federal Youth Corrections Act: When May A Youth Be Treated As An Adult?, Cynthia A. Kelly
Sentencing Under The Federal Youth Corrections Act: When May A Youth Be Treated As An Adult?, Cynthia A. Kelly
Loyola University Chicago Law Journal
No abstract provided.
Current Developments In Corrections And The Lawyer's Role At Sentencing, Walter Dickey
Current Developments In Corrections And The Lawyer's Role At Sentencing, Walter Dickey
Loyola University Chicago Law Journal
No abstract provided.
Multiple Convictions Statute In Ohio: Has It Achieved Its Intended Result, Dale A. Nowak, Jeffrey A. Key
Multiple Convictions Statute In Ohio: Has It Achieved Its Intended Result, Dale A. Nowak, Jeffrey A. Key
Cleveland State Law Review
The Ohio Allied Offense Statute is a codification of the common law doctrine of merger and is the Ohio legislature's attempt to insulate criminal defendants from harsh and absurd punishment. This Article discusses the relationship of certain constitutional guarantees against multiple punishments to the Allied Offense Statute and the multiple punishment controversy in Ohio.
The Destruction Of Subpoenaed Corporate Records, Michael D. Risley
The Destruction Of Subpoenaed Corporate Records, Michael D. Risley
Kentucky Law Journal
No abstract provided.
Supplementing The Functional Test Of Prosecutorial Immunity, Anthony J. Luppino
Supplementing The Functional Test Of Prosecutorial Immunity, Anthony J. Luppino
Faculty Works
No abstract provided.
Prison Overcrowding As Cruel And Unusual Punishment In Light Of Rhodes V. Chapman, Elizabeth F. Edwards, Nancy G. Lagow
Prison Overcrowding As Cruel And Unusual Punishment In Light Of Rhodes V. Chapman, Elizabeth F. Edwards, Nancy G. Lagow
University of Richmond Law Review
The prison population in the United States is experiencing a period of tremendous growth. Due to the inability of prison construction to keep pace with this growth, prison facilities throughout the country have become severely overcrowded. "The typical prison of the last third of the twentieth century has changed relatively little from the institutions of 150 years earlier." Inmates, forced to live under these conditions, have flocked to the courts seeking relief. Yet, until its 1981 decision in Rhodes v. Chapman, the United States Supreme Court had never reviewed a case in which particular prison conditions were challenged as constituting …
Prosecutorial Discretion And Discrimination In The Decision To Charge, Amy G. Applegate
Prosecutorial Discretion And Discrimination In The Decision To Charge, Amy G. Applegate
Articles by Maurer Faculty
No abstract provided.
Babies Behind Bars: Should Incarcerated Mothers Be Allowed To Keep Their Newborns With Them In Prison?, Donna L. Brodie
Babies Behind Bars: Should Incarcerated Mothers Be Allowed To Keep Their Newborns With Them In Prison?, Donna L. Brodie
University of Richmond Law Review
Society's traditional approach to women offenders has been focused on "women as prisoners and not.., prisoners as women." Harsh implications for female offenders who are mothers can result from the view that incarceration not only curtails the prisoner's freedom of movement but also terminates many of the individual's civil rights as well. In reality, these women are doubly penalized with a prison sentence as well as temporary or permanent loss of their parental rights. Modern courts are beginning to recognize that "[a] prisoner retains all of the rights of an ordinary citizen except those expressly, or by necessary implication, taken …
Capital Punishment In Ohio: Aggravating Circumstances, Elaine C. Hilliard
Capital Punishment In Ohio: Aggravating Circumstances, Elaine C. Hilliard
Cleveland State Law Review
The state of Ohio enacted a new death penalty statute which became effective October 19, 1981. As of January 18, 1983, eighty-three defendants had been indicted under the new statute. It is, therefore, both necessary and timely to evaluate Ohio's statutory delineation of who may die and its effect for compliance with constitutional mandates. This Note sets forth the hypotheses and supporting legal authority for analyzing Ohio's statutory aggravating circumstances individually and in the aggregate on equal protection and procedural due process grounds.
Legal Aspects Of Prison Riots, Ira Robbins
Legal Aspects Of Prison Riots, Ira Robbins
Scholarly Articles in Law Reviews & Journals
Introduction: Riots are a recurrent phenomenon in American prisons. In the 1950s and the early 1970s, major riots erupted in prisons across the country, and many have occurred in the past several years.' Riots will continue to occur as long as the dominant function of prisons is the custodial confinement of inmates. As one commentator explains, "The way to make a strong bomb is to build a strong perimeter and generate pressure inside. Similarly, riots occur where ... pressures and demands are generated in the presence of strong custodial confinement." When such a bomb detonates and a prison riot erupts, …
Sentencing By Mathematics, William D. Rich, L Paul Sutton, Michael J. Saks, Todd R. Clear
Sentencing By Mathematics, William D. Rich, L Paul Sutton, Michael J. Saks, Todd R. Clear
Akron Law Faculty Publications
In Sentencing by Mathematics, Rich, Sutton, Saks, and Clear critically examine the growing interest in applying quantitative methods to criminal sentencing. The authors analyze proposals to use mathematical models and predictive algorithms in judicial decision-making to improve consistency, reduce disparities, and make sentencing more objective. They discuss the potential benefits of structured, data-driven sentencing, such as transparency and efficiency, but also raise concerns about oversimplification, loss of judicial discretion, and the ethical implications of basing punishment on statistical probabilities. The article ultimately explores the tension between individualized justice and systemic fairness, questioning whether mathematical models can adequately capture the complexity …
Burden Of Proof With Respect To The Defense Of Withdrawal From Conspiracy: United States V. Read, Alan S. Fox
Burden Of Proof With Respect To The Defense Of Withdrawal From Conspiracy: United States V. Read, Alan S. Fox
Cardozo Law Review
No abstract provided.
The Iranian Litigation: Implications For American Business Interests, Charles G. Labella
The Iranian Litigation: Implications For American Business Interests, Charles G. Labella
Cardozo Law Review
No abstract provided.
Coast Guard Boardings Of Suspected Drug Smuggling Vessels On The High Seas And The Fourth Amendment: United States V. Streifel, Roger A. Stetter
Coast Guard Boardings Of Suspected Drug Smuggling Vessels On The High Seas And The Fourth Amendment: United States V. Streifel, Roger A. Stetter
Cardozo Law Review
Report and Recommendation to the New York State Bar Association by the Committee on Federal Constitution
Testimonial Immunity And The Privilege Against Self-Incrimination: A Study In Isomorphism, Peter Lushing
Testimonial Immunity And The Privilege Against Self-Incrimination: A Study In Isomorphism, Peter Lushing
Articles
This Article accepts and will develop the Court's isomorphic theory of immunity and privilege, and will show why Portash is nonetheless correct in result. A case for a broadened view of the privilege, partially because of the availability of testimonial immunity, will be made. Apftlbaum will be shown to be incorrect in result. This Article will also analyze the problem of immunized testimony and perjury by inconsistent statement, a problem faced once by the Court but left unresolved. Finally, this Article will discuss the constitutional requirements of an immunity statute, and consider an immunity case presently pending before the Supreme …
Eddings V. Oklahoma, Lewis F. Powell Jr.
Eddings V. Oklahoma, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.