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Articles 6571 - 6600 of 6958

Full-Text Articles in Criminal Law

Comment On Justification And Excuse, Jerome Hall Jan 1976

Comment On Justification And Excuse, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


Has The Burger Court Dealt A Death Blow To The Presumption Of Malice In Virginia? Jan 1976

Has The Burger Court Dealt A Death Blow To The Presumption Of Malice In Virginia?

University of Richmond Law Review

While presumptions and burdens of proof have generally eluded effective analysis, the presumption of malice has almost defied it. Notwithstanding a common law origin and the significance that instructions of the presumption of malice have played in many murder trials in Virginia, the presumption has constantly been under attack. This comment will explore the meaning of the presumption of malice and determine whether Virginia's approach violates the due process clause of the fourteenth amendment in light of the recent Supreme Court decision of Mullaney v. Wilbur.


The New Federalism In Criminal Procedure Revisited, Donald E. Wilkes Jr. Jan 1976

The New Federalism In Criminal Procedure Revisited, Donald E. Wilkes Jr.

Scholarly Works

As a result of the Burger Court's seemingly inexorable relaxation of federal protection for criminal defendants, a number of state courts have continued to expand basic rights on state law grounds, thereby utilizing the adequate state ground doctrine to avoid further review by the Burger Court. Part II of this article will examine the evasion cases decided since March 1975. The prospects for continued evasion will be accessed in Part III.


Due Process In The Prison: A Third Form, Edmund B. Spaeth Jr. Jan 1976

Due Process In The Prison: A Third Form, Edmund B. Spaeth Jr.

Villanova Law Review (1956 - )

No abstract provided.


Criminal Law And Procedure, David Rossman Jan 1976

Criminal Law And Procedure, David Rossman

Faculty Scholarship

The Constitutionality of the Trial de Novo System. The legal challenge to the constitutionality of the Massachusetts trial de novo system was settled by the Supreme Court of the United States during the Survey year in Ludwig v. Massachusetts. The Court upheld the Commonwealth's practice of trial de novo finding that the system does not constitute an impermissible burden upon a defendant's right to a trial by jury and that the requirement that a defendant undergo two trials in order to obtain a jury trial is not a violation of the right against double jeopardy.


Criminal Law, Denny C. Galis Dec 1975

Criminal Law, Denny C. Galis

Mercer Law Review

No abstract provided.


Finality And Habeas Corpus: Is The Rule That Res Judicata May Not Apply To Habeas Corpus Or Motion To Vacate Still Viable, Marilyn L. Kelley Dec 1975

Finality And Habeas Corpus: Is The Rule That Res Judicata May Not Apply To Habeas Corpus Or Motion To Vacate Still Viable, Marilyn L. Kelley

West Virginia Law Review

No abstract provided.


The Street Perspective: A Conversation With The Police, Patrick L. Baude Oct 1975

The Street Perspective: A Conversation With The Police, Patrick L. Baude

IUSTITIA

Professor Baude's purpose in this discussion is to elicit police officers' comments on what members of the legal profession ought to know about the influence of the "street perspective" in shaping those officers' attitudes towards the criminal justice system and the role they play in it. It is police insistence on the broad validity of insights which only "the street" can provide that accounts for the considerable gulf between "front-line" enforcement officers and other functionaries in (and students of) that system. Law students (and no doubt lawyers) seem uncomfortable with the notion that our system cannot adequately be understood without …


United States V. Maccollom, Lewis F. Powell Jr. Oct 1975

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

Supreme Court Case Files

No abstract provided.


United States V. Mandujano, Lewis F. Powell Jr. Oct 1975

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

Supreme Court Case Files

No abstract provided.


Jurek V. Texas, Lewis F. Powell Jr. Oct 1975

Jurek V. Texas, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Roberts V. Louisiana, Lewis F. Powell Jr. Oct 1975

Roberts V. Louisiana, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Proffitt V. Florida, Lewis F. Powell Jr. Oct 1975

Proffitt V. Florida, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Stone V. Powell, Lewis F. Powell Jr. Oct 1975

Stone V. Powell, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Woodson V. North Carolina, Lewis F. Powell Jr. Oct 1975

Woodson V. North Carolina, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Gregg V, Georgia, Lewis F. Powell Jr. Oct 1975

Gregg V, Georgia, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Tsc Industries Inc. V. Northway, Inc., Lewis F. Powell Jr. Oct 1975

Tsc Industries Inc. V. Northway, Inc., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


The Systems Approach To Criminal Justice Administration, John Hartje Oct 1975

The Systems Approach To Criminal Justice Administration, John Hartje

Buffalo Law Review

No abstract provided.


In Re Forfeiture Of The Following Described Vehicle, 1972 Porsche 2 Dr., '74 Florida License Tag Id 91788 Vin #9111200334, 307 So. 2d 451 (Fla. 3d Dist. Ct. App. 1975), Michael P. Mabile Jul 1975

In Re Forfeiture Of The Following Described Vehicle, 1972 Porsche 2 Dr., '74 Florida License Tag Id 91788 Vin #9111200334, 307 So. 2d 451 (Fla. 3d Dist. Ct. App. 1975), Michael P. Mabile

Florida State University Law Review

Criminal Law- FORFEITURES- SIGNIFICANT INVOLVEMENT IN ILLICIT DRUG OPERATION REQUIRED TO JUSTIFY AUTOMOBILE FORFEITURE; EVIDENCE OBTAINED BY ILLEGAL SEARCH INADMISSIBLE IN FORFEITURE PROCEEDING; IMPOUNDMENT OF AUTOMOBILE WITHOUT WARRANT IN ABSENCE OF PROBABLE CAUSE AND EXIGENT CIRCUMSTANCES INVALIDATES RELATED INVENTORY SEARCH.


Grand Jury Reports: An Examination Of The Law In Texas And Other Jurisdictions., Richard Meyer Jun 1975

Grand Jury Reports: An Examination Of The Law In Texas And Other Jurisdictions., Richard Meyer

St. Mary's Law Journal

Abstract Forthcoming.


Iv. Criminal Law And Procedure Mar 1975

Iv. Criminal Law And Procedure

Washington and Lee Law Review

No abstract provided.


Criminal Procedure--Recidivism--Constitutionality Of The West Virginia Recidivist Statute, Cynthia L. Turco Feb 1975

Criminal Procedure--Recidivism--Constitutionality Of The West Virginia Recidivist Statute, Cynthia L. Turco

West Virginia Law Review

No abstract provided.


Representing Heroin Users: Sentencing And Other Issues, 9 J. Marshall J. Prac. & Proc. 178 (1975), Thomas D. Decker Jan 1975

Representing Heroin Users: Sentencing And Other Issues, 9 J. Marshall J. Prac. & Proc. 178 (1975), Thomas D. Decker

UIC Law Review

No abstract provided.


The Search Warrant - Practice And Procedure, 9 J. Marshall J. Prac. & Proc. 227 (1975), Alan M. Scarnavack Jan 1975

The Search Warrant - Practice And Procedure, 9 J. Marshall J. Prac. & Proc. 227 (1975), Alan M. Scarnavack

UIC Law Review

No abstract provided.


Pretrial Preparation Of Minor Drug Cases, 9 J. Marshall J. Prac. & Proc. 235 (1975), Frank Wesolowski Jr. Jan 1975

Pretrial Preparation Of Minor Drug Cases, 9 J. Marshall J. Prac. & Proc. 235 (1975), Frank Wesolowski Jr.

UIC Law Review

No abstract provided.


Parole Revocation And The Right To Counsel, Paul W. Grimm Jan 1975

Parole Revocation And The Right To Counsel, Paul W. Grimm

Faculty Scholarship

No abstract provided.


The Federal Anti-Riot Act And Political Crime: The Need For Criminal Law Theory, Marvin Zalman Jan 1975

The Federal Anti-Riot Act And Political Crime: The Need For Criminal Law Theory, Marvin Zalman

Villanova Law Review (1956 - )

No abstract provided.


Book Review, Peter D. Garlock Jan 1975

Book Review, Peter D. Garlock

Law Faculty Articles and Essays

The author reviews Thorns and Thistles: Juvenile Delinquents in the United States, 1825-1940.


Pretrial Discovery Of Government Informers In Federal Narcotics Cases: A Defense Tool, 9 J. Marshall J. Prac. & Proc. 221 (1975), Richard F. Walsh Jan 1975

Pretrial Discovery Of Government Informers In Federal Narcotics Cases: A Defense Tool, 9 J. Marshall J. Prac. & Proc. 221 (1975), Richard F. Walsh

UIC Law Review

No abstract provided.


Revision Of Virginia's Criminal Code Jan 1975

Revision Of Virginia's Criminal Code

University of Richmond Law Review

On October 1, 1975 the criminal justice system of the Commonwealth of Virginia began to operate under revised codes of criminal law and procedure. Enacted during the last legislative session, Titles 18.2 and 19.2 contain an impressive array of new laws with which judges, lawyers, and law enforcement officers should quickly become familiar. In many instances, these new laws go far beyond recodification of existing laws. Several represent substantive changes which are quite controversial and remain hotly debated since the close of the legislative session.