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Articles 811 - 840 of 879

Full-Text Articles in Criminal Law

Book Review. Societal Versus Official Law, Morris S. Arnold Jan 1985

Book Review. Societal Versus Official Law, Morris S. Arnold

Articles by Maurer Faculty

No abstract provided.


Capital Punishment: Criminal Law And Social Evolution, Michigan Law Review Feb 1984

Capital Punishment: Criminal Law And Social Evolution, Michigan Law Review

Michigan Law Review

A Review of Capital Punishment: Criminal Law and Social Evolution by Jan Gorecki


Criminal Justice In Colonial America, 1606-1660, Michigan Law Review Feb 1984

Criminal Justice In Colonial America, 1606-1660, Michigan Law Review

Michigan Law Review

A Review of Criminal Justice in Colonial America, 1606-1660 by Bradley Chapin


The Jury, Seditious Libel And The Criminal Law, Thomas A. Green Jan 1984

The Jury, Seditious Libel And The Criminal Law, Thomas A. Green

Book Chapters

The seditious libel trials of the eighteenth century constitute an important chapter in the history of freedom of the press and the growth of democratic government. While much has been written about the trials and about the administration of the criminal law in eighteenth-century England, little has been said about the relationship between the libel prosecutions and the more pervasive and long-standing problems of the criminal law. We have perhaps gone too far in positing-or simply assuming-a separation between political high misdemeanors and common-run felony cases such as homicide and theft. For there were points of contact between the two: …


The Theoretical Justification For The New Criminal Law Of The High Middle Ages: "Rei Publicae Interest, Ne Crimina Remaneant Impunita", Richard M. Fraher Jan 1984

The Theoretical Justification For The New Criminal Law Of The High Middle Ages: "Rei Publicae Interest, Ne Crimina Remaneant Impunita", Richard M. Fraher

Articles by Maurer Faculty

No abstract provided.


The Right Of Property And The Law Of Theft, Michael E. Tigar Jan 1984

The Right Of Property And The Law Of Theft, Michael E. Tigar

Faculty Scholarship

No abstract provided.


The Case For Liberalizing The Use Of Deadly Force In Self-Defense, John Q. La Fond Jan 1983

The Case For Liberalizing The Use Of Deadly Force In Self-Defense, John Q. La Fond

Seattle University Law Review

This article sets forth the primary theories which might underlie the right of self-defense: necessity, duress, and personal autonomy. The article then examines the common law and the law of Washington governing the use of force in self-defense and demonstrates that both are grounded primarily in the utilitarian theory of necessity, which has as its primary objective the minimization of social loss even at the cost of harm to individual innocent victims. The article then analyzes the inadequate manner in which Washington courts are resolving difficult cases involving the use of deadly force in self-defense. Finally, the article argues that …


Confessions, Yale Kamisar Jan 1983

Confessions, Yale Kamisar

Book Chapters

The entry for 'Confessions' in the Encyclopedia of Crime and Justice, 1983


From Pillory To Penitentiary: The Rise Of Criminal Incarceration In Early Massachusetts, Adam J. Hirsch May 1982

From Pillory To Penitentiary: The Rise Of Criminal Incarceration In Early Massachusetts, Adam J. Hirsch

Michigan Law Review

While the transition from the old forms of criminal sanction to incarceration was perhaps not, as Jeremy Bentham claimed, "one of the most signal improvements that have ever yet been made in our criminal legislation," one does not overstate to call it a signal development in the history of Anglo-American criminal justice - a development, one may add, that still wants adequate examination, much less explanation. This Article attempts to do both for one sample region: Massachusetts. Though the jurisprudential movement from pillory to penitentiary took place throughout the new American republic, as well as much of western Europe, our …


Popular Justice: A History Of American Criminal Justice, Michigan Law Review Mar 1981

Popular Justice: A History Of American Criminal Justice, Michigan Law Review

Michigan Law Review

A Review of Popular Justice: A History of American Criminal Justice by Samuel Walker


Social Research And The Use Of Medieval Criminal Records, Edward Powell Mar 1981

Social Research And The Use Of Medieval Criminal Records, Edward Powell

Michigan Law Review

A Review of Society and Homicide in Thirteenth-Century England by James Buchanan Given, and Crime and Conflict in English Communities, 1300-1348 by Barbara A. Hanawalt


The Practice Of Extradition From Antiquity To Modern France And The United States: A Brief History, Christopher L. Blakesley Jan 1981

The Practice Of Extradition From Antiquity To Modern France And The United States: A Brief History, Christopher L. Blakesley

Scholarly Works

In order to understand the perceptions of extradition’s function and purpose in modern France and the United States, it is important to consider the evolution of thought regarding extradition. This article will focus on the history of extradition law as it has influenced contemporary law in the United States and France. The purpose of the article is to provide insight into the development of the “modern” extradition. Although the process has not always been executed by use of a treaty agreement, treaty authorized extraditions have existed since antiquity. Moreover, a treaty authorized extradition for common crimes, as opposed to political …


Prosecutorial Control In Canada: The Definition Of Attorney-General In Section 2 Of The Criminal Code, Camille Cameron Jan 1981

Prosecutorial Control In Canada: The Definition Of Attorney-General In Section 2 Of The Criminal Code, Camille Cameron

Articles, Book Chapters, & Popular Press

In 1969, as a result of the redefinition of Attorney-General” in section 2 of the Criminal Code, the federal Attorney-General assumed an increased role in criminal prosecutions within the provinces. This new role has resulted in various challenges to the constitutional validity of the amendment — the provinces claim that the new definition is an encroachment upon the administration of justice power given to them by section 92(14) of the British North America Act while the federal government relies on its criminal law power to justify the amendment. The author examines the 1969 amendment in light of sections 91(27) and …


Incapacitating The Habitual Criminal: The English Experience, Sir Leon Radzinowicz, Roger Hood Aug 1980

Incapacitating The Habitual Criminal: The English Experience, Sir Leon Radzinowicz, Roger Hood

Michigan Law Review

In this Article, Sir Leon Radzinowicz and .Dr. Roger Hood trace 150 years of unsuccessful English efforts to identify, sentence, and reform habitual criminal offenders. The Supreme Court's recent decision in Rummel v. Estelle has publicized habitual offender statutes in the United States. But Rummel primarily addressed the constitutionality, rather than the desirability, of a state habitual offender statute. This Article examines the broader policy questions common to habitual offender programs in both the United Stales and Great Britain. It describes the tension between liberal tradition and the state's desire to incapacitate those who repeatedly threaten life or property.


For Capital Punishment, Michigan Law Review Mar 1980

For Capital Punishment, Michigan Law Review

Michigan Law Review

A Book Notice about For Capital Punishment by Walter Berns


The Gulag Archipelago: Implications For American Criminal Justice, Ira P. Robbins Jan 1980

The Gulag Archipelago: Implications For American Criminal Justice, Ira P. Robbins

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Oliver Wendell Holmes And External Standards Of Criminal And Tort Liability: Application Of Theory On The Massachusetts Bench, William A. Lundquist Jul 1979

Oliver Wendell Holmes And External Standards Of Criminal And Tort Liability: Application Of Theory On The Massachusetts Bench, William A. Lundquist

Buffalo Law Review

No abstract provided.


The Rise Of Prisons And The Origins Of The Rehabilitative Ideal, Carl E. Schneider Mar 1979

The Rise Of Prisons And The Origins Of The Rehabilitative Ideal, Carl E. Schneider

Michigan Law Review

A Review of The Discovery of the Asylum: Social Order and Disorder in the New Republic by David J. Rothman


Foreword, James W. Ely, Terry Calvani Jan 1979

Foreword, James W. Ely, Terry Calvani

Vanderbilt Law Review

In the hope of giving some direction for a regional approach to the legal past of the South, Vanderbilt Law School, with the generous assistance of the University Research Council, sponsored a two-day Symposium on this important topic in the spring of 1978 and invited leading scholars to participate. Principal papers by Richard Maxwell Brown, Maxwell H. Bloomfield, Robert M. Ireland, A. E. Keir Nash, and Robert J. Haws and Michael V. Namorato discussed diverse aspects of southern legal history.


Review Of Crime In England, 1550-1800, Thomas A. Green Jan 1979

Review Of Crime In England, 1550-1800, Thomas A. Green

Reviews

Crime in England, 1550-1800, is the second collection of essays on the social history of crime and the criminal law in early modern England to appear in recent years. Together with the essays in Albion's Fatal Tree (1975),' these offerings advance our knowledge of the subject considerably. To be sure, as G. R. Elton cautions, there are methodological problems in a field so new, and Elton's "Introduction" will serve as an excellent starting point for readers concerned with such matters. We must nevertheless recognize the accomplishments of the new school of socio-legal historians. The essays in this volume deal with …


Comments On The History Of Plea Bargaining, Lynn M. Mather Jan 1979

Comments On The History Of Plea Bargaining, Lynn M. Mather

Journal Articles

No abstract provided.


Introduction To Blackstone Volume Iv, Thomas A. Green Jan 1979

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. Jan 1979

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

Cardozo Law Review

No abstract provided.


Bane Of American Forfeiture Law—Banished At Last?, James Maxeiner Jan 1977

Bane Of American Forfeiture Law—Banished At Last?, James Maxeiner

All Faculty Scholarship

This article refutes the claimed historical bases for criminal law in rem forfeiture.


An Historical Analysis Of Mandatory Capital Punishment, James T. Bryan Iii Apr 1976

An Historical Analysis Of Mandatory Capital Punishment, James T. Bryan Iii

North Carolina Central Law Review

No abstract provided.


The Jury And The English Law Of Homicide, 1200-1600, Thomas A. Green Jan 1976

The Jury And The English Law Of Homicide, 1200-1600, Thomas A. Green

Articles

The early English jury was self-informing and composed of persons supposed to have first-hand knowledge of the events and persons in question. The judge instructed the jury on the law, but was himself almost entirely dependent upon the jury for his knowledge of the case. By stating the evidence in a way that made the result it wanted a necessary conclusion, the medieval jury was able to alter the impact of formal rules of law to conform with prevailing social attitudes.


Legal Lore - People V. Kief: A Sharp Quillet Of The Law, W. David Curtiss Nov 1975

Legal Lore - People V. Kief: A Sharp Quillet Of The Law, W. David Curtiss

Cornell Law Faculty Publications

No abstract provided.


The Eighth Amendment, Beccaria, And The Enlightenment: An Historical Justification For The Weems V. United States Excessive Punishment Doctrine, Deborah A. Schwartz, Jay Wishingrad Apr 1975

The Eighth Amendment, Beccaria, And The Enlightenment: An Historical Justification For The Weems V. United States Excessive Punishment Doctrine, Deborah A. Schwartz, Jay Wishingrad

Buffalo Law Review

No abstract provided.


The New York Experience, 9 J. Marshall J. Prac. & Proc. 134 (1975), H. H. A. Cooper Jan 1975

The New York Experience, 9 J. Marshall J. Prac. & Proc. 134 (1975), H. H. A. Cooper

UIC Law Review

No abstract provided.


A History Of Illinois Drug Control Laws From 1818 To 1975, 9 J. Marshall J. Prac. & Proc. 148 (1975), George N. Leighton, Charles S. Bargiel Jan 1975

A History Of Illinois Drug Control Laws From 1818 To 1975, 9 J. Marshall J. Prac. & Proc. 148 (1975), George N. Leighton, Charles S. Bargiel

UIC Law Review

No abstract provided.