Criminal Law Commons^™

Equal Access To Evidence: The Case For The Defense Use Of Immunity For Essential Witnesses, Andrea Lyon

Law Faculty Publications

No abstract provided.

Liability For Parole Decisionmaking: The Absence Of Discretion In The Parole Process, Robert F. Polglase

Mercer Law Review

In Payton v. United States, the Fifth Circuit Court of Appeals held that the United States was liable under the Federal Tort Claims Act, for the parole of a federal prisoner who, following release, murdered plaintiff's wife. The court concluded that such parole decisionmaking did not come within the discretionary function exemption of the Federal Tort Claims Act (FTCA).

United States V. Di Francesco: Court Upholds State Initiated Sentence Appeals, Thomas Michael Hackel

Mercer Law Review

In United States v. Di Francesco, the Supreme Court upheld a statute that allowed the government to seek, through an appeal, an increase of the sentence imposed by the trial court. The Court found that the statute did not violate the protections of the double jeopardy clause against multiple trials and multiple punishment. The question of state initiated appeals assumes further significance when it is considered that proposed revisions of the Federal Criminal Code include wider implementation of sentence appeals by the state.

Book Review: A Theory Of Criminal Justice By Jan Corecki. New York: Columbia University Press. 1979. Pp. Xv, 185. $15.00., Ira Robbins

Book Reviews

Review of A Theory of Criminal Justice by Jan Corecki. New York: Columbia University Press. 1979. Pp. xv, 185. $15.00.

The Use Of Expert Services By Privately Retained Criminal Defense Attorneys, Roberta Rosenthal Kwall

Loyola University Chicago Law Journal

No abstract provided.

Rhode Island V. Innis: “Offhand Comments” Or “Interrogation”?, Kingsley R. Browne

Law Faculty Research Publications

No abstract provided.

Retrial After A Hung Jury: The Double Jeopardy Problem, Janet E. Findlater

Law Faculty Research Publications

No abstract provided.

Criminal Procedure - Exclusionary Rule - Good Faith Exception - The Exclusionary Rule Will Not Operate In Circumstances Where The Officer's Violation Was Committed In The Reasonable, Good Faith Belief That His Actions Were Legal, David Kuritz

Villanova Law Review (1956 - )

No abstract provided.

Assuring Effective Assistance Of Counsel, William W. Schwarzer

Faculty Scholarship

No abstract provided.

Havens, Jenkins, And Salvucci, And The Defendant's "Right" To Testify, Craig M. Bradley

Articles by Maurer Faculty

Three recent Supreme Court opinions that enlarge the scope of permissible impeachment may substantially influence the criminal defendant's decision whether to take the stand. In this article, Professor Bradley evaluates the current status of the defendant's "right" to testify, assesses the impact of these cases on that right, and offers cogent advice on effective strategies for practitioners.

A Case For Jury Determination Of Search And Seizure Law, Ronald J. Bacigal

University of Richmond Law Review

In a criminal case the option to return a general verdict of acquittal invests the jury with the raw power to nullify many legal determinations, including the trial judge's ruling that a search is constitutional. While courts grudingly acknowledge the existence of an extra-legal jury nullification power, courts do not recognize any jury prerogative to determine the lawfulness of a search. The United States Supreme Court's discussion of the jury's role in interpreting and applying the fourth amendment consists of one terse statement that the legality of a search "is a question of fact and law for the court and …

When Cops Are Robbers-Municipal Liability For Police Misconduct Under Section 1983 And Bivens, Brenda D. Crocker

University of Richmond Law Review

Municipalities faced with rising crime rates, tighter budgets and an increasingly vocal populace often are pressed to make policy decisions which sacrifice important interests. When fiscal considerations predominate, there arises the danger that local police departments will be unable to fulfill their duty to ensure order in society without disturbing citizens' enjoyment of their civil rights. Until recently, improperly trained, supervised or disciplined police of- ficers merely subjected municipalities to embarrassment. However, with increasing success, citizens are arguing that they should be awarded damages against the municipality in every case where their civil rights have been deprived through police misconduct. …

Rhode Island V. Innis: A Workable Definition Of "Interrogation"?, Deborah L. Fletcher

University of Richmond Law Review

In Rhode Island v. Innis, the Supreme Court addressed for the first time the issue of what constitutes interrogation under Miranda v. Arizona. Innis is a significant decision in the criminal procedure area not only because of the workable standard for determining "interrogation" which it sets forth, but also because it signals the Burger Court's decision not to overrule Mirandaor to further disparage its effectiveness. However, Innis by no means represents a return to the Warren Court's solicitous approach to a suspect's Miranda rights. The Burger Court still has not raised Miranda's protections and strictures to the status of constitutionally …

Criminal Procedure And Criminal Law: Virginia Supreme Court Decisions During The 70'S, Michael J. Barbour, Thomas E. Carr, Sarah H. Finley, Jeannie L. Pilant

University of Richmond Law Review

The purpose of this note is to examine the decisions of the Virginia Supreme Court during the period between 1970-1980 in the area of criminal procedure and substantive criminal law. Legislative changes will not be dealt with in depth except as they have affected these decisions. Because of space constraints, a complete review of all areas is impossible; therefore, review has been limited to those issues most likely to be of interest to the practicing attorney. The discussion will also attempt to establish the position of the Virginia Supreme Court on these matters in relation to the United States Supreme …

The New Warrant Requirements: Payton V. New York And Wallace V. King, Robert B. Lloyd Jr.

University of Richmond Law Review

Since the original Bill of Rights was drafted, the diverse warrant requirements necessary for reasonable searches and seizures under the fourth amendment have led to chaos and confusion. A dichotomy has existed between the requirements necessary for the search and seizure of property and those necessary for the search and seizure of persons. Generally, a warrant has been required when the object of the search and seizure was property while no warrant has been necessary for the seizure of an individual. The Supreme Court decision in Payton v. New York has erased much of this distinction, holding that the fourth …

Public Access To Criminal Trials: Richmond Newspapers, Inc. V. Virginia, Christopher C. Spencer

University of Richmond Law Review

Richmond Newspapers, Inc. v. Virginia is, in the words of Justice Stevens, a "watershed case." For the first time, the Court recognized that some sort of first amendment right of access to government proceedings exists. The Court, in a plurality opinion (joined by two Justices, accompanied by five concurring opinions and one dissent), held that the right of the public to attend criminal trials is "implicit in the guarantees of the First Amendment."

Criminal Law–Searches And Seizures–Individualized Probable Cause Is Necessary To Search Persons Incidentally On Premises Subject To A Warrant Authorized Search, Robert J. Fuller

University of Arkansas at Little Rock Law Review

No abstract provided.

Criminal Law–Arrest Without A Warrant–A Man's Home Is His Castle, Nancy Marian Epperson

University of Arkansas at Little Rock Law Review

No abstract provided.

The "Perjury Trap", Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

It is the aim of the present Article, first, to explore the boundaries of legitimate grand jury interrogation as it bears on the subject of perjury and, second, to formulate guidelines that strike a balance between the needs of the investigatory process and the rights of witnesses.

Professor Nagel's Reflections On Cardozo, Anthony D'Amato

Cardozo Law Review

In the first issue of the Cardozo Law Review, Professor Ernest Nagel, in Reflections on "The Nature of the Judicial Process," criticized Justice Cardozo's professed abandonment of the distinction between custom and law. Professor Anthony DAmato, in Judicial Legislation, argued that Cardozo's opinions belied his assertion of the necessity for judicial legislation, and adhered generally to the theory that cases should be decided in accordance with law as it is found, rather than made, by judges.

In this commentary, Professor D'Amato argues that Professor Nagel's assertion of a distinction between law and custom is inconsistent with the development of the …

In Memory Of Monrad G. Paulsen, Sanford H. Kadish

Cardozo Law Review

No abstract provided.

Perils Of The Rulemaking Process: The Development, Application, And Unconstitutionality Of Rule 804(B)(3)'S Penal Interest Exception, Peter W. Tague

Georgetown Law Faculty Publications and Other Works

As the culmination of a decade of rulemaking, in 1975 Congress enacted the Federal Rules of Evidence, which include in rule 804(b)(3) an exception to the hearsay rule that allows federal courts to admit statements against penal interest. Having reviewed previously unpublished memoranda and nonpublic tape recordings of the deliberations of the Advisory and Standing Committees to the Judicial Conference and the Special Subcommittee on Reform of Federal Criminal Laws of the House Judiciary Committee, Professor Tague explores the development of rule 804(b)(3), one of the more controversial rules that emerged from that rulemaking process. After analyzing rule 804(b)(3) and …

The Federal Rules Of Evidence: Six Years After, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

The Federal Rules of Evidence have been in effect since 1975. Six years of experience is not much time in which to assess such a complex and important body of law. Nevertheless, there is now some "evidence" of the impact of the Federal Rules on the various states and circuits.

The Rules do seem to have proved successful enough to stimulate widespread imitation. Approximately half the states in the United States have or will very shortly have evidence codes patterned substantially on the Rules, even down to their numbers. Many of the remaining states (e.g., Iowa, Illinois, and Pennsylvania) have …

Reflections On Felony-Murder, George P. Fletcher

Faculty Scholarship

Of all the reforms proposed by the Model Penal Code, perhaps none has been less influential than the Model Code's recommendation on the perennial problem of felony-murder. As found in our nineteenth-century criminal codes, the rule has several variations. The basic scheme is to hold the accused liable for murder if the killing is connected in any way with the attempt to commit a felony or the flight from the scene of a felony. It does not matter whether the accused or an accomplice causes the death. Nor does it matter whether the killing occurs accidentally and non-negligently. According to …

Punishment And Compensation, George P. Fletcher

Faculty Scholarship

When novelists and philosophers turn to the work of lawyers, they tend to gravitate toward certain issues and ignore others. Two processes-punishment and compensation-lie at the heart of our legal system, but only the former has drawn the attention of literary and philosophical minds.

The issues of wrongdoing, guilt, and expiation are of endless fascination not only for Dostoevsky and Dürrenmatt, but for any writer who seeks to fathom the foundations of our moral life. For philosophers, the concept of punishment has become a proving ground of the even broader conflict between deontological and utilitarian moral theories. Deontologists hold that …

Survey Of Developments In West Virginia Law: 1980

West Virginia Law Review

No abstract provided.

Estelle V. Smith, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Michael M. V. Superior Court Of Sonoma County, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Criminal Trials In Absentia: A Proposed Reform For Indiana, Myra L. Willis

Indiana Law Journal

No abstract provided.

An Application Of Double Jeopardy And Collateral Estoppel Principles To Successive Prison Disciplinary And Criminal Prosecutions, Joseph S. Colussi

Indiana Law Journal

No abstract provided.