Criminal Law Commons^™

State V. Sobel, 363 So.2d 324 (Fla. 1978), Michael T. Webster

Florida State University Law Review

Constitutional Law-DUE PROCESS NOT VIOLATED BY STATE'S DESTRUCTION AND NONDISCLOSURE OF TAPE RECORDING IN CRIMINAL LAW

Analysis Of Alternatives To Incarceration For Non-Violent Offenders: A Progressive Approach To Correctional Procedure., Cynthia M. Scaglione

St. Mary's Law Journal

Abstract Forthcoming.

Survey Of Developments In West Virginia Law: 1978

West Virginia Law Review

No abstract provided.

Book Review: A Theory Of Criminal Justice, James R. Elkins

West Virginia Law Review

No abstract provided.

The Illinois Grand Jury Indictment: A Denial Of Due Process, 12 J. Marshall J. Prac. & Proc. 319 (1979), David F. Platek, Howard D. Lieberman

UIC Law Review

No abstract provided.

Wayward Children And The Law, 1820-1900: The Genesis Of The Status Offense Jurisdiction Of The Juvenile Court, Peter D. Garlock

Law Faculty Articles and Essays

Since the United States Supreme Court's decision in In re Gault in 1967, in which due process rights were extended to juvenile delinquency proceedings which might result in commitment of youths to reformatory institutions, numerous courts, legislatures, and private study commissions have been re-examining the rights and obligations of young people in contemporary American society. In this ongoing debate over juvenile jurisprudence, perhaps no issue has provoked as much controversy as the question of whether juvenile courts should continue to exercise jurisdiction over juvenile "status offenses"--those unique forms of deviant behavior which are illegal only for minors. It is not …

The Declining Miranda Doctrine: The Supreme Court's Development Of Miranda Issues

Washington and Lee Law Review

No abstract provided.

Rights Of The Convicted Felon On Parole, Howard E. Hill

University of Richmond Law Review

The forfeiture of various civil rights upon conviction of a felony is no modem innovation. Conviction of a crime in the Roman Republic resulted in the deprivation of many of the same rights denied convicted felons today. Most statutes define a "felony" in terms of the possible punishment for a particular act rather than in descriptions of the actual conduct forbidden. In Virginia "such offenses as are punishable with death or confinement in the penitentiary are felonies," while "all other offenses are misdemeanors." One unfortunate enough to be convicted of a felony becomes subject to sanctions imposed by the state. …

Virginia's Insanity Defense: Reform Is Imperative, William C. Waddell Iii

University of Richmond Law Review

Virginia is no exception to the statement that a great deal of time and energy has been expended by writers in addressing the defense ofinsanity. Unfortunately, instead of generating some notable reform, this fact has served to desensitize the legislators, the legal profession, and the public in this controversial area. In view of the current knowledge in the field of psychiatry, the approach for implementing the insanity defense in Virginia courts is not satisfactory.

Sentencing In Criminal Cases: How Great The Need For Reform?, Anthony P. Giorno

University of Richmond Law Review

For many years, the sentencing process of the criminal justice system sought to achieve four goals: deterrence, rehabilitation, incapacitation of the offender, and retribution for society and the victim. The achievement of these goals was implemented in the majority of jurisdictions through imposition of an indeterminate sentence and discretionary release by an administrative body-traditionally a parole board. This approach allowed courts to announce relatively long sentences as a deterrent to future criminal behavior and to placate the victim and society, but tempered the punishment by allowing early release on an individual basis as soon as the offender had been rehabilitated.

Barring Slayers' Acquisition Of Property Rights In Virginia: A Proposed Statute, Sandra Gross Schneider

University of Richmond Law Review

The above passage by Justice Benjamin Cardozo clearly reflects the age-old maxim of the common law, Nullus commodurn caperepotest de injuria sua propria, which expounds the philosophy that no individual shall profit from his own wrong. The present Virginia statute concerning homicide and succession to property was enacted by the legislature to reflect this common law policy. However, because of the very narrow scope of the statute and the requirement that it be strictly construed, it is presently inadequate to respond to many of the issues facing our judges in Virginia. Section 64.1-18 of the Virginia Code states that no …

Plea Bargaining: The Experiences Of Prosecutors, Judges, And Defense Attorneys, James E. Bond

Faculty Articles

James E. Bond reviews Heuman’s Plea Bargaining: The Experiences of Prosecutors, Judges, and Defense Attorneys.

Criminal Law - Federal Rule Of Criminal Procedure 41 Authorizes Electronic Intrusions If Probable Cause Established, All Writs Act Provides For An Order To A Third Party Commpelling Aid In Criminal Enforcement Proceeding If Third Party Could Otherwise Frustrate Administration Of Justice, Nina M. Gussack

Villanova Law Review (1956 - )

No abstract provided.

Introduction To Blackstone Volume Iv, Thomas A. Green

Other Publications

The final volume of Blackstone's Commentaries sets forth a·lucid survey of crime and criminal procedure informed by those propositions concerning English law and the relations between man and state that characterize the entire work. Perhaps no area of the law so tested Blackstone's settled and complacent views as did the criminal law, particularly the large and growing body of statutory capital crimes. In the end, Blackstone failed to demonstrate that English criminal law reflected a coherent set of principles, but his intricate and often internally contradictory attempt nevertheless constitutes a classic description of that law, and can still be read …

Ordered Liberty: Cardozo And The Constitution, John T. Noonan Jr.

Cardozo Law Review

No abstract provided.

Multiple Representation And Conflicts Of Interest In Criminal Cases, Peter W. Tague

Georgetown Law Faculty Publications and Other Works

Conflicts of interest resulting from multiple representation in criminal cases impose heavy burdens on all the participants in the criminal justice system. Although the Supreme Court in Holloway v. Arkansas refused to hold that joint representation is unconstitutional per se, it recently approved Proposed Rule of Criminal Procedure 44(c), which would require trial courts to protect a defendant's right to counsel in this situation. After discussing the current approaches of the courts to the problems presented by joint representation, Professor Tague analyzes the proposed rule. He criticizes the proposed rule for its failure to define the role of the trial …

Should Intolerable Prison Conditions Generate A Justification Or An Excuse For Escape?, George P. Fletcher

Faculty Scholarship

In the last five years, appellate courts have responded sympathetically to the claims of prisoners who have escaped to avoid the threat of physical violence and homosexual rape. Lovercamp began the trend in 1974. Today the reports are replete with reversals directing trial courts to hear evidence bearing on the conditions that prompted the escape.

The courts have moved so quickly into this new field that they have had little chance to refine the underlying rationale for admitting the evidence. Appellate opinions, as well as several commentators, have sought to squeeze the new issue into one of three received doctrinal …

Joinder And Severance, Peter A. Joy, Paul C. Giannelli

Scholarship@WashULaw

Joinder and severance issues may arise from either (1) the joinder of offenses allegedly committed by one defendant or (2) the joinder of defendants. The importance of joinder cannot be overestimated. As one commentator has noted: "The way in which the prosecutor chooses to combine offenses or defend­ ants in a single indictment is perhaps second in importance only to his decision to prosecute. Whether a defendant is tried en masse with many other partici­pants in an alleged crime, or in a separate trial of his own, will often be decisive of the outcome.

Michigan V. Defillippo, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Duren V. Missouri, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Smith V. Maryland, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Parker V. Randolph, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Truth By Ordeal: The Growing Acceptance Of Polygraphy, William E. Ploss

Florida State University Law Review

No abstract provided.

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

Supreme Court Case Files

No abstract provided.

Calculation Of Time Credits For Texas Prisoners., Deborah A. Becker

St. Mary's Law Journal

Abstract Forthcoming.

An End To Ransom: The Case For Amending The Bail Provision Of The Florida Constitution, Bennett H. Brummer, Bruce S. Rogow

Florida State University Law Review

No abstract provided.

A Step Toward Uniformity: Review Of Life Sentences In Capital Cases, Ron Bergwerk

Florida State University Law Review

No abstract provided.

Particularity And Precision In Texas Indictments And Informations: What Is Fundamental Defect., David Weiner

St. Mary's Law Journal

Abstract Forthcoming.

Due Process Not Violated When Prosecutor Carries Out Threat To Reindict Accused On More Serious Charges After Plea Bargain On Original Charge Is Refused., Mary Byrd Hover

St. Mary's Law Journal

Abstract Forthcoming.

Reflections On Opposing The Penalty Of Death., Charles L. Black Jr.

St. Mary's Law Journal

Abstract Forthcoming.