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Articles 781 - 810 of 879

Full-Text Articles in Criminal Law

At The Intersection Of Injustice: Experiences Of African American Women In Crime And Sentencing, Paula C. Johnson Jan 1995

At The Intersection Of Injustice: Experiences Of African American Women In Crime And Sentencing, Paula C. Johnson

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Sedition In Nova Scotia: R. V. Wilkie (1820) And The Incontestable Illegality Of Seditious Libel Before R. V. Howe (1835), Barry Cahill Oct 1994

Sedition In Nova Scotia: R. V. Wilkie (1820) And The Incontestable Illegality Of Seditious Libel Before R. V. Howe (1835), Barry Cahill

Dalhousie Law Journal

Given its primacy and exceptionality in the Nova Scotian context, Wilkie both exemplifies the judiciary's role in official repression, and instantiates the importance of what Wright calls "the ideological mechanisms of the criminal law" in prescribing the outer limits of legitimate political discourse. This paper examines the first known use by the government of Nova Scotia of the eighteenth-century, judicially-invented misdemeanour of seditious libel in order to silence and punish criticism of the ruling eite. As Nova Scotia had neither indigenous caselaw, nor statutory legislation to supplement and reinforce the common law offence-Upper Canada's SeditionAct (1804) was still in full …


The Rule Of Law: But Of Which Law - Natural And Positive Law In Post-Communist Transformations, 26 J. Marshall L. Rev. 719 (1993), Igor Grazin Jan 1993

The Rule Of Law: But Of Which Law - Natural And Positive Law In Post-Communist Transformations, 26 J. Marshall L. Rev. 719 (1993), Igor Grazin

UIC Law Review

No abstract provided.


Judicial Forging Of A Political Weapon: The Impact Of The Cold War On The Law Of Contempt, 27 J. Marshall L. Rev. 3 (1993), Melvin B. Lewis Jan 1993

Judicial Forging Of A Political Weapon: The Impact Of The Cold War On The Law Of Contempt, 27 J. Marshall L. Rev. 3 (1993), Melvin B. Lewis

UIC Law Review

No abstract provided.


Imagining Justice: Aesthetics And Public Executions In Late Eighteenth-Century England, Steven Wilf Jan 1993

Imagining Justice: Aesthetics And Public Executions In Late Eighteenth-Century England, Steven Wilf

Faculty Articles and Papers

No abstract provided.


The Rule Of Law In An Emerging World Order, 26 J. Marshall L. Rev. 715 (1993), William Webster Jan 1993

The Rule Of Law In An Emerging World Order, 26 J. Marshall L. Rev. 715 (1993), William Webster

UIC Law Review

No abstract provided.


The Romance Of Revenge: Capital Punishment In America, Samuel R. Gross Jan 1993

The Romance Of Revenge: Capital Punishment In America, Samuel R. Gross

Articles

On February 17, 1992, Jeffrey Dahmer was sentenced to 15 consecutive terms of life imprisonment for killing and dismembering 15 young men and boys (Associated Press 1992a). Dahmer had been arrested six months earlier, on July 22, 1991. On January 13 he pled guilty to the fifteen murder counts against him, leaving open only the issue of his sanity. Jury selection began two weeks later, and the trial proper started on January 30. The jury heard two weeks of testimony about murder, mutilation and necrophilia; they deliberated for 5 hours before finding that Dahmer was sane when he committed these …


Book Review: Allen Steinberg, The Transformation Of Criminal Justice: Philadelphia, 1800-1880, Thomas D. Russell Oct 1992

Book Review: Allen Steinberg, The Transformation Of Criminal Justice: Philadelphia, 1800-1880, Thomas D. Russell

Sturm College of Law: Faculty Scholarship

No abstract provided.


Review Of Kingship, Law And Society: Criminal Justice In The Reign Of Henry V, Thomas A. Green Jan 1992

Review Of Kingship, Law And Society: Criminal Justice In The Reign Of Henry V, Thomas A. Green

Reviews

Edward Powell's splendid study of Henry V's strategy for keeping peace among magnate and gentry factions represents an important contribution to the history of criminal justice. After providing a panoramic view of the machinery of criminal justice, Powell analyzes the extent to which that machinery was effective as between the Crown, at the center, and the upper echelons of society in the provinces. His conclusion, not surprisingly, is that the regular processes of common-law criminal administration could not easily be deployed at those levels. But Powell does not let the matter drop there. Kingship, Law, and Society presents a lucid …


The Doctrine Of Lesser Included Offenses, Kyron Huigens Jan 1992

The Doctrine Of Lesser Included Offenses, Kyron Huigens

Seattle University Law Review

This Article attempts to bring the early lesser included offense cases back to life, to uncover the origins and deeper logic of the doctrine, and to re-introduce the older, elegant solutions to the doctrine’s central problems back into current practice. With regard to the first part of State v. Workman’s two-pronged standard, this Article explores the innate wisdom of the classic elements test and a failed attempt to supplant it and then proposes changing it. With regard to the second prong, this Article proposes a wholesale replacement of the current formulation on the ground that it is fundamentally flawed. This …


Confessions, Criminals, And Community, Sheri Lynn Johnson Jul 1991

Confessions, Criminals, And Community, Sheri Lynn Johnson

Cornell Law Faculty Publications

No abstract provided.


Legal Rape: The Marital Rape Exemption, 24 J. Marshall L. Rev. 393 (1991), Sandra L. Ryder, Sheryl A. Kuzmenka Jan 1991

Legal Rape: The Marital Rape Exemption, 24 J. Marshall L. Rev. 393 (1991), Sandra L. Ryder, Sheryl A. Kuzmenka

UIC Law Review

No abstract provided.


University Of Richmond Law Review Jan 1991

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


Impeachment Exception To The Exclusionary Rules: Policies, Principles, And Politics, The , James L. Kainen Jan 1991

Impeachment Exception To The Exclusionary Rules: Policies, Principles, And Politics, The , James L. Kainen

Faculty Scholarship

The exclusionary evidence rules derived from the Fourth, Fifth, and Sixth Amendments continue to play an important role in constitutional criminal procedure, despite the intense controversy that surrounds them. The primary justification for these rules has shifted from an "imperative of judicial integrity" to the "deterrence of police conduct that violates... [constitutional] rights." Regardless of the justification it uses for the rules' existence, the Supreme Court continues to limit their breadth "at the margin," when "the acknowledged costs to other values vital to a rational system of criminal justice" outweigh the deterrent effects of exclusion. The most notable limitation on …


A Miracle, A Universe: Settling Accounts With Torturers, Juan E. Mendez Jan 1991

A Miracle, A Universe: Settling Accounts With Torturers, Juan E. Mendez

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Habeas Corpus And The Penalty Of Death, Michael E. Tigar Jan 1990

Habeas Corpus And The Penalty Of Death, Michael E. Tigar

Faculty Scholarship

No abstract provided.


"Were There No Appeal": The History Of Review In American Criminal Courts, David Rossman Jan 1990

"Were There No Appeal": The History Of Review In American Criminal Courts, David Rossman

Faculty Scholarship

The contemporary criminal justice system is guided, in large part, from the top down. A great deal of the force that drives the "terrible engine" of the criminal law is supplied by courts that consider cases on review after a defendant has been convicted.


Conviction According To Conscience: The Medieval Jurists' Debate Concerning Judicial Discretion And The Law Of Proof, Richard M. Fraher Jan 1989

Conviction According To Conscience: The Medieval Jurists' Debate Concerning Judicial Discretion And The Law Of Proof, Richard M. Fraher

Articles by Maurer Faculty

No abstract provided.


A Retrospective On The Criminal Trial Jury, 1200-1800, Thomas A. Green Jan 1988

A Retrospective On The Criminal Trial Jury, 1200-1800, Thomas A. Green

Book Chapters

My recent book provided an overview of the history of the institutional aspects of the English criminal trial jury upon which all of the contributors to this volume have, tacitly or otherwise, commented. That tentative institutional background was intended both to stand on its own terms and to provide a framework for the studies on the relationship between law and society and on the history of ideas regarding the jury that made up the larger part of the volume. The two aspects of my book were joined: the socio-legal analysis and the history of ideas were to a large extent …


Book Review. Criminal Defense As Narrative: Storytelling And Royal Pardons In Renaissance France, Richard M. Fraher Jan 1988

Book Review. Criminal Defense As Narrative: Storytelling And Royal Pardons In Renaissance France, Richard M. Fraher

Articles by Maurer Faculty

No abstract provided.


Crime And The Courts In England 1660-1800, Frank C. Shaw May 1987

Crime And The Courts In England 1660-1800, Frank C. Shaw

Michigan Law Review

A Review of Crime and the Courts in England 1660-1800 by J.M. Beattie


Sanctuary: The Legal Institution In England, Steven Pope Jan 1987

Sanctuary: The Legal Institution In England, Steven Pope

Seattle University Law Review

This Article discusses the institution of sanctuary that was recognized under the Common Law of England from at least the early Middle Ages until the Jacobean period, that is, from about the seventh to the seventeenth centuries A.D. This Article does not include a specific discussion of the modern American idea of sanctuary as the term is applied to the act of aiding an alien to remain illegally in the United States to escape political persecution in the alien’s own country. However, a consideration of the historical institution of sanctuary may shed light on the contemporary issue in two ways. …


Conscience And The Law: The English Criminal Jury, Robert C. Palmer Apr 1986

Conscience And The Law: The English Criminal Jury, Robert C. Palmer

Michigan Law Review

A Review of Verdict According to Conscience by Thomas Andrew Green


Euthanasia For Sale?, A.W. Brian Simpson Apr 1986

Euthanasia For Sale?, A.W. Brian Simpson

Michigan Law Review

A Review of Easing the Passing: The Trial of Dr. John Bodkin Adams by Patrick Devlin


The Trials Of Israel Lipski, Blaine G. Renfert Apr 1986

The Trials Of Israel Lipski, Blaine G. Renfert

Michigan Law Review

A Review of The Trials of Israel Lipski by Martin L. Friedland


The Lindbergh Kidnapping Revisited, John F. Keenan Apr 1986

The Lindbergh Kidnapping Revisited, John F. Keenan

Michigan Law Review

A Review of The Airman and the Carpenter: The Lindbergh Kidnapping and the Framing of Richard Hauptmann by Ludovic Kennedy


The Clergy-Penitent Privilege And The Child Abuse Reporting Statute: Is The Secret Sacred, 19 J. Marshall L. Rev. 1031 (1986), Kathryn Keegan Jan 1986

The Clergy-Penitent Privilege And The Child Abuse Reporting Statute: Is The Secret Sacred, 19 J. Marshall L. Rev. 1031 (1986), Kathryn Keegan

UIC Law Review

No abstract provided.


Dreams, Prophecy And Sorcery: Blaming The Secret Offender In Medieval Iceland, William I. Miller Jan 1986

Dreams, Prophecy And Sorcery: Blaming The Secret Offender In Medieval Iceland, William I. Miller

Articles

An eminent legal historian once noted that the fundamental problem of law enforcement in primitive societies is that of the secret offender. The Icelandic legal and dispute processing systems depended on a wrongdoer publishing his deed, or at least committing it in an open and notorious manner. No state agencies existed to investigate and discover the non-publishing wrongdoer. But there were strong normative inducements to wrong openly; one's name was at stake. There was absolutely no honor in thievery, only the darkest shame; the ransmadr, on the other hand, suffered no shame for his successful raids, even if he did …


Crime Talk, Rights Talk, And Double-Talk: Thoughts On Reading Encyclopedia Of Crime And Justice (Review Essay), Michael E. Tigar Jan 1986

Crime Talk, Rights Talk, And Double-Talk: Thoughts On Reading Encyclopedia Of Crime And Justice (Review Essay), Michael E. Tigar

Faculty Scholarship

No abstract provided.


Cannibalism And The Common Law: The Story Of The Tragic Last Voyage Of The Mignonette And The Strange Legal Proceedings To Which It Gave Rise, Michigan Law Review Feb 1985

Cannibalism And The Common Law: The Story Of The Tragic Last Voyage Of The Mignonette And The Strange Legal Proceedings To Which It Gave Rise, Michigan Law Review

Michigan Law Review

A Review of Cannibalism and the Common Law: The Story of the Tragic Last Voyage of the Mignonette and the Strange Legal Proceedings to Which it Gave Rise by A.W. Brian Simpson