Criminal Law Commons^™

Mandatory Life Imprisonment Under Texas Recidivist Statute Not Violative Of Eighth Amendment When Applied To One Convicted Of Three Non-Violent, Property-Related Felonies., Patricia E. Rant

St. Mary's Law Journal

Abstract Forthcoming.

Commentary--The Federal Criminal Code Reform Act And New Sentencing Alternatives, Edward M. Kennedy

West Virginia Law Review

No abstract provided.

Survey Of Developments In West Virginia Law: 1979

West Virginia Law Review

No abstract provided.

Involuntary Intoxication Is A Defense In Texas, Lewis Buttles

St. Mary's Law Journal

Abstract Forthcoming.

The Burden Of Proof In Criminal Cases: A Comment On The Mullaney-Patterson Doctrine, Fernand N. Dutile

Journal Articles

The United States Supreme Court's recent ventures into the constitutional requirements concerning the burden of proof in criminal cases justify consideration of their prescriptions, of their consistency and of the constitutional limits of burden-shifting.

Mullaney and Patterson mark not the end of the inquiry but rather its beginning. Although they undoubtedly resolve, whether well or badly, a large number of burden of proof situations, those resolved may be the easier and the more obvious, not the more difficult and the more subtle. In any event, however, these two landmark cases will at least have alerted us to the complex problems …

The Cry Of Wolfish In The Federal Courts: The Future Of Federal Judicial Intervention In Prison Administration, Ira Robbins

Scholarly Articles in Law Reviews & Journals

Introduction: In Bell v. Wolfish, the United States Supreme Court held that, with respect to conditions or restrictions having no specific constitutional source for protection, a pretrial detainee in a federal correctional center has a right under the due process clause of the fifth amendment to be free from any punitive conditions or restrictions during detention. The Court further held that all of the challenged practices and conditions were valid because they were rationally related to the legitimate non-punitive purposes of the detention center. Thus, the correctional facility could place two detainees in a cell built for one, prohibit …

Exploring The Limits Of Brady V. Maryland: Criminal Discovery As A Due Process Right In Access To Police Investigations And State Crime Laboratories, Walter H. Ohar

University of Richmond Law Review

Why not criminal discovery? This question has been posited by legal scholars and learned jurists alike since the liberalization of discovery methods under the modern codes of civil procedure. As inexact as the term criminal discovery may be and, according to its critics, as inapplicable as discovery may be in the criminal context, there is little doubt that the current trend is the expansion of that which is discoverable by either side prior to a criminal trial. In fact, criminal discovery has developed into something more than a problem of procedure to be resolved by the individual jurisdictions in piecemeal …

Federal Habeas Corpus: Greater Protection For "Innocent" State Prisoners After Jackson V. Virginia, Jennie L. Montgomery

University of Richmond Law Review

In Jackson v. Virginia, the Burger Court recently made an apparent "about face" with regard to the scope of powers extended to a federal habeas corpus court reviewing a state court conviction. On the basis of this ruling, habeas corpus petitioners may now demand federal court examination of whether the evidence produced at their trials was sufficient to justify a finding of guilt beyond a reasonable doubt. Jackson is, therefore, a significant step beyond the Warren Court rule that due process is violated only when the record is totally devoid of any evidence to support the conviction.

Due Process Versus Data Processing: An Analysis Of Computerized Criminal History Information Systems, Donald Doernberg, Donald H. Zeigler

Articles & Chapters

This article, based on a comprehensive empirical study of New York's computerized criminal history information system and on national surveys of similar systems, concludes that current regulations governing the dispersion of criminal history information are grossly inadequate. Although information drawn from computerized criminal history files is often inaccurate, incomplete, ambiguous or inappropriate, criminal justice officials and judges routinely use such information in making decisions affecting defendants' liberty. This practice is unconstitutional, and the article suggests ways to regulate criminal history information systems that would protect a defendant's right not to be deprived of liberty without due process of law.

Filling In The Gaps Of Virginia Bail Reform, R. Bryan Hatchett

University of Richmond Law Review

The 1960's and early 1970's witnessed an unprecedented reform of the bail laws of this country. The reform has made it possible for a greater percentage of criminal defendants to be released before trial thereby avoiding the stigma and considerable prejudice flowing from incarceration. Even though the reform has also produced a modest increase in the number of persons who fail to appear for trial, on balance critical response to the reform has been favorable.

Investigative Stops In High Crime Areas, Richard A. Gonzales

Faculty Scholarship

This article questions what constitutes reasonable suspicion of criminal activity particularly within high crime area. Some of the referenced cases:

• People v. Cantor, 36 N.Y.2d 106, 365 N.Y.S.2d 509, 324 N.E.2d 872 (1975)
• U.S. v. Magda, 409 F.Supp. 734,740 (S.D. N.Y. 1976)
• Terry v. Ohio, 392 U.S. 1 ( 1968)
• Sibron v. New York, 392 U.S. 40 ( 1968)
• U.S. v. Brignoni-Ponce, 422 U.S. 873 (1975)
• U.S. v. Flores, 462 F. Supp. 702 (E.D. NS. 1978)
• U.S. v. Oates, 560 F.2d 45, 49 (2d Cir. 1977)
• U.S. v. Constantine, 567 F.2d 266 ( 4th Cir. 1977)
• People v. Bower, 24 …

Eyewitness Identification In War Crimes Trials, Debra H. Nesselson, Steven Lubet

Cardozo Law Review

No abstract provided.

Corporate Crime And Punishment: A Non-Chicago View Of The Economics Of Criminal Sanctions, John C. Coffee Jr.

Faculty Scholarship

In this article, Professor Coffee argues that fines are an inefficient means by which to deter organizational crimes. Instead, he urges a focus on the individual decision-maker and a system of competitive bids with respect to the choice of a fine as an alternative punishment.

The Insanity Defense In Juvenile Delinquency Proceedings, Maxine M. Harrington, Ann O'Regan Keary

Faculty Scholarship

The insanity defense in delinquency proceedings poses an important legal dilemma concerning the rights of children in the juvenile justice system. Indeed, beyond the purely legal concerns of the rights of an accused juvenile, the concept of criminal responsibility in the context of juvenile court proceedings raises perhaps an even more important issue of what is the best model for dealing with mentally ill juvenile offenders, both from the juvenile's viewpoint and that of society as a whole. It is our opinion that not only does the insanity defense have an appropriate role in juvenile proceedings, but that legal as …

Race And Sentencing Equality In Kentucky, Robert L. Hurley

Masters Theses & Specialist Projects

Disparity in sentencing felons based on racial considerations has long has been considered a problem for civil libertarians and scholars alike. Examining data gathered in Kentucky, this thesis addresses this issue through the application of recently developed methodological techniques. Utilizing an index of sentencing equality, this study shows that while differences do exist in black and white offender offense characteristics, these differences do not account for the variations in sentences rendered in cases of white as opposed to black felons. This exploratory research reviews and critiques previous research and provides evidence which should prove useful in resolving the problem of …

Constitutional Law-Criminal Law-Pretrial Detainees May Be Subjected To Conditions Of Confinement Reasonably Related To Legitimate Government Objectives-Bell V. Wolfish, 99 S. Ct. 1861 (1979).

BYU Law Review

No abstract provided.

Roberts V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Payton V. New York, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

United States V. Crews, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Rawlings V. Kentucky, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Adams V. Texas, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

United States V. Havens, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Plea Bargaining: A Necessary Evil, Nancy Mcdonough

University of Arkansas at Little Rock Law Review

No abstract provided.

Constitutionalizing Forfeiture Law—The German Example, James Maxeiner

All Faculty Scholarship

This article demonstrates how German criminal law has made forfeiture of objects used in crime consistent with constitutional guarantees.

Compensating Victims Of Crime: Evolving Concept Or Dying Theory, Kathleen V. Duffield

West Virginia Law Review

No abstract provided.

Failure To Relate Exculpatory Story At Pretrial Hearings May Be Used By Prosecution To Impeach Defendant's Testimony At Trial., Stephen F. White

St. Mary's Law Journal

Abstract Forthcoming.

Supplemental Voir Dire Is Required When Significant Delay Occurs Between Jury Selection And Start Of Trial., Larry E. Reed

St. Mary's Law Journal

Abstract Forthcoming.

The Preliminary Hearing: A Necessary Part Of Due Process, Andrea Lyon

Law Faculty Publications

No abstract provided.

Arizona V. Washington, 434 U.S. 497 (1978)

Florida State University Law Review

Criminal Law-MISTRIAL DECLARATION-OVER DEFENDANT'S OBJECTION, PROSECUTION MUST DEMONSTRATE HIGH DEGREE OF MANIFEST NECESSITY OR REPROSECUTION WILL BE BARRED

Clark V. State, 363 So. 2d 333 (Fla. 1978), Shawn Ettingoff

Florida State University Law Review

Criminal Law-RIGHT TO REMAIN SILENT-OBJECTION AND MOTION FOR MISTRIAL NOW REQUIRED TO PRESERVE IMPROPER COMMENT ON THE DEFENDANT'S SILENCE FOR APPELLATE REVIEW