Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Seattle University School of Law (224)
- Universitas Indonesia (121)
- University of Michigan Law School (105)
- UIC School of Law (99)
- Touro University Jacob D. Fuchsberg Law Center (91)
-
- Roger Williams University (59)
- Morehead State University (58)
- University of Richmond (52)
- University of Kentucky (47)
- St. Mary's University (33)
- Maurer School of Law: Indiana University (29)
- Florida State University College of Law (24)
- Cleveland State University (18)
- Brooklyn Law School (16)
- Pepperdine University (16)
- University of Colorado Law School (15)
- American University Washington College of Law (13)
- Southern Methodist University (13)
- University of Georgia School of Law (13)
- Yeshiva University, Cardozo School of Law (13)
- Georgia State University College of Law (12)
- St. John's University School of Law (12)
- Penn State Dickinson Law (11)
- The University of Akron (11)
- University of Washington School of Law (10)
- Boston University School of Law (9)
- Lewis & Clark Law School (9)
- University of the District of Columbia School of Law (9)
- Fordham Law School (8)
- Pace University (8)
- Keyword
-
- Criminal law (72)
- Federal (57)
- State (57)
- Constitution (56)
- New York (49)
-
- Supreme Court (42)
- Criminal (37)
- Kentucky (37)
- Defendant (36)
- Criminal procedure (31)
- Police (31)
- Evidence (30)
- Law reform (30)
- 1990) (29)
- Due process (29)
- Legislation (29)
- Court of Appeals (27)
- Law (27)
- Sentencing (26)
- N.Y. Cont. Art. I (25)
- Court (23)
- Fourth Amendment (22)
- Privacy (21)
- Crime (20)
- Criminal justice (20)
- Death penalty (20)
- Punishment (20)
- Michigan (19)
- § 6 (19)
- Crimes (18)
- Publication Year
- Publication
-
- Seattle University Law Review (221)
- "Dharmasisya” Jurnal Program Magister Hukum FHUI (121)
- Touro Law Review (89)
- UIC Law Review (86)
- Rowan County Circuit Court Ledgers (58)
-
- Michigan Law Review (57)
- Kentucky Law Journal (45)
- Roger Williams University Law Review (37)
- University of Richmond Law Review (36)
- University of Michigan Journal of Law Reform (26)
- Faculty Scholarship (22)
- Indiana Law Journal (20)
- Life of the Law School (1993- ) (16)
- Pepperdine Law Review (16)
- Publications (14)
- Scholarly Publications (13)
- St. Mary's Law Journal (13)
- The Scholar: St. Mary's Law Review on Race and Social Justice (12)
- UIC Law Open Access Faculty Scholarship (12)
- Akron Law Review (11)
- Articles (11)
- Dickinson Law Review (2017-Present) (11)
- Georgia State University Law Review (11)
- Cleveland State Law Review (10)
- Florida State University Law Review (10)
- Georgia Law Review (10)
- Washington Law Review (10)
- Articles by Maurer Faculty (8)
- Journal of Civil Rights and Economic Development (8)
- Arkansas Law Review (7)
- Publication Type
- File Type
Articles 1111 - 1140 of 1341
Full-Text Articles in Criminal Law
Rape Shield Laws--Is It Time For Reinforcement?, Catherine L. Kello
Rape Shield Laws--Is It Time For Reinforcement?, Catherine L. Kello
University of Michigan Journal of Law Reform
This Note takes a critical look at civil suits arising from allegations of rape, particularly from the perspective of how these actions run counter to the spirit of rape reform and rape shield legislation. The analysis begins with a brief history of the Rape Shield Law and its intended purposes. Part II then utilizes two cases to outline the current dilemma posed by civil suits that are filed during a pending criminal sexual conduct prosecution. After presenting these cases, Part III considers whether a legislative remedy is required and determines that it is. Part IV then proposes a Model Statute. …
Washington's Second Degree Felony-Murder Rule And The Merger Doctrine: Time For Reconsideration, Jeffrey A. James
Washington's Second Degree Felony-Murder Rule And The Merger Doctrine: Time For Reconsideration, Jeffrey A. James
Seattle University Law Review
This Comment will discuss the effect of applying Washington's felony-murder statute where assault is the underlying felony. The case law interpreting section 9A.32.050(1)(b) of the Revised Code of Washington [hereinafter section (1)(b)] and the legislative intent behind that statute will be discussed, as will the effects of allowing assault to support a section (1)(b) charge. The thesis of this Comment is that interpretation of Washington's criminal code as a whole leads to the conclusion that the legislature never intended assault to be capable of supporting a section (1)(b) charge. It is recommended that the Washington Supreme Court reconsider its position …
Criminal Law—Mail Fraud Requires Loss Of Property Of Money, Marilyn L. Byington
Criminal Law—Mail Fraud Requires Loss Of Property Of Money, Marilyn L. Byington
University of Arkansas at Little Rock Law Review
No abstract provided.
The Ultimate Violation, Todd Maybrown
The Ultimate Violation, Todd Maybrown
Michigan Law Review
A Review of The Ultimate Violation by Judith Rowland
Psychiatric Assistance For Indigent Defendants Pleading Insanity: The Michigan Experience, Paul Zisla
Psychiatric Assistance For Indigent Defendants Pleading Insanity: The Michigan Experience, Paul Zisla
University of Michigan Journal of Law Reform
The federal government and many states already provide psychiatric assistance to indigent defendants pleading insanity. Michigan's statutory scheme for delivering this service presents an opportunity to evaluate an approach that generally favors defendant interests in areas left unresolved by Ake. This Note undertakes that evaluation. Part I summarizes the Ake decision, key problem areas, and the research methodology. Part II describes the Michigan statutory system. Part III evaluates that system using data from interviews with legal and psychiatric practitioners and considers the consequences of Michigan's approach to the issues posed by Ake. The evaluation shows that Michigan's system …
Colorado V. Connelly: The Gratuitous Union Of Voluntariness And State Coercion, 21 J. Marshall L. Rev. 199 (1987), James P. Byrne Jr.
Colorado V. Connelly: The Gratuitous Union Of Voluntariness And State Coercion, 21 J. Marshall L. Rev. 199 (1987), James P. Byrne Jr.
UIC Law Review
No abstract provided.
Ford V. Wainwright: States Cannot Execute Insane - But How Is Insanity Determined, 20 J. Marshall L. Rev. 549 (1987), Shannon S. Sullivan
Ford V. Wainwright: States Cannot Execute Insane - But How Is Insanity Determined, 20 J. Marshall L. Rev. 549 (1987), Shannon S. Sullivan
UIC Law Review
No abstract provided.
Notice To Minors Under The Illinois Juvenile Court Act: An Anomaly Of Due Process, 36 Depaul L. Rev. 343 (1987), Susan L. Brody
Notice To Minors Under The Illinois Juvenile Court Act: An Anomaly Of Due Process, 36 Depaul L. Rev. 343 (1987), Susan L. Brody
UIC Law Open Access Faculty Scholarship
No abstract provided.
An Analysis Of Illinois' New Offense Of Second Degree Murder, 20 J. Marshall L. Rev. 209 (1986), Timothy P. O'Neill
An Analysis Of Illinois' New Offense Of Second Degree Murder, 20 J. Marshall L. Rev. 209 (1986), Timothy P. O'Neill
UIC Law Review
No abstract provided.
Aids: Testing Democracy - Irrational Responses To The Public Health Crisis And The Need For Privacy In Serologic Testing, 19 J. Marshall L. Rev. 835 (1986), Michael L. Closen, Susan Marie Connor, Howard L. Kaufman, Mark E. Wojcik
Aids: Testing Democracy - Irrational Responses To The Public Health Crisis And The Need For Privacy In Serologic Testing, 19 J. Marshall L. Rev. 835 (1986), Michael L. Closen, Susan Marie Connor, Howard L. Kaufman, Mark E. Wojcik
UIC Law Review
No abstract provided.
Crime Without Conviction: Supervision Without Sentence, 19 J. Marshall L. Rev. 547 (1986), Alfred B. Teton
Crime Without Conviction: Supervision Without Sentence, 19 J. Marshall L. Rev. 547 (1986), Alfred B. Teton
UIC Law Review
No abstract provided.
The Dual Sovereignty Doctrine Extended To Successive State Prosecutions - Heath V. Alabama, Clifton Walker Homesley
The Dual Sovereignty Doctrine Extended To Successive State Prosecutions - Heath V. Alabama, Clifton Walker Homesley
Campbell Law Review
The purpose of this note is to emphasize that while the dual sovereignty doctrine is legally sound in its application to successive prosecutions by different states, care must be taken to prevent abuse of the doctrine. This note proposes that individual states develop consistent policies to deal with the unique situation in which the facts of the case allow for the possibility of successive prosecutions. By doing this, the states can assure that the operation of the doctrine will not result in an injustice to the defendant.
The Statewide Prosecutor: A New Weapon Against Organized Crime, R. Scott Palmer, Barbara M. Linthicum
The Statewide Prosecutor: A New Weapon Against Organized Crime, R. Scott Palmer, Barbara M. Linthicum
Florida State University Law Review
No abstract provided.
Bad Samaritanism And The Duty To Render Aid: A Proposal, Mark K. Obseck
Bad Samaritanism And The Duty To Render Aid: A Proposal, Mark K. Obseck
University of Michigan Journal of Law Reform
Part I of this Note explains the history of the law's response to Bad Samaritanism. Part II discusses the benefits of enacting a duty to notify. Part III responds to various objections that might be raised against the duty to notify. And Part IV offers a model statute for legislatures to follow in enacting the duty to notify.
Eighth Amendment Challenges To The Length Of A Criminal Sentence: Following The Supreme Court “From Precedent To Precedent”, Thomas E. Baker, Fletcher N. Baldwin Jr
Eighth Amendment Challenges To The Length Of A Criminal Sentence: Following The Supreme Court “From Precedent To Precedent”, Thomas E. Baker, Fletcher N. Baldwin Jr
Faculty Publications
Defendant A was convicted twice previously of felonies and sentenced to prison for fraudulent use of a credit card ($80.00) and for passing a forged check ($28.36). Upon his third felony conviction for obtaining money by false pretenses ($120.75), he received a mandatory life sentence under a state recidivist statute.
The New Illinois Sex Crimes Act: The Constitutional Ramifications Of Redefining Rape, 19 J. Marshall L. Rev. 215 (1985), Mary K. Cronin
The New Illinois Sex Crimes Act: The Constitutional Ramifications Of Redefining Rape, 19 J. Marshall L. Rev. 215 (1985), Mary K. Cronin
UIC Law Review
No abstract provided.
Seizing Opportunity, Searching For Theory: Article I, Section 7, George R. Nock
Seizing Opportunity, Searching For Theory: Article I, Section 7, George R. Nock
Seattle University Law Review
Washington case law dealing with searches and seizures has now reached a developmental stage from which it can proceed either haphazardly or along any of several well-defined lines. The purpose of this Article is not to provide a compendium of Washington search-and-seizure cases. Rather, the Article analyzes the more recent (and some of the earlier) cases in which the Washington Supreme Court has interpreted article I, section 7, and suggests several alternative theoretical bases for the further development of Washington constitutional search-and-seizure jurisprudence.
A Constitutional Right To An Appeal: Guarding Against Unacceptable Risks Of Erroneous Conviction, James E. Lobsenz
A Constitutional Right To An Appeal: Guarding Against Unacceptable Risks Of Erroneous Conviction, James E. Lobsenz
Seattle University Law Review
The many consequences of "constitutionalizing" the right to appeal become evident only when one answers certain underlying questions about the nature of an appeal. What are the essential elements of an appeal? Why should we view the criminal defendant's right to appeal as an element of due process of law? Part II of this Article seeks to develop a theoretical due process framework for use in deciding when the right to appeal under article I, section 22 of the Washington Constitution has been unconstitutionally abridged or denied. Part III contains an analysis of oral argument as an essential element of …
Kentucky Law Survey: Criminal Law, Linda K. West
Kentucky Law Survey: Criminal Law, Linda K. West
Kentucky Law Journal
No abstract provided.
Disorganized Crime: The Economics Of The Visible Hand, Michigan Law Review
Disorganized Crime: The Economics Of The Visible Hand, Michigan Law Review
Michigan Law Review
A Review of Disorganized Crime: The Economics of the Visible Hand by Peter Reuter
Unbridled Prosecutorial Discretion And Standardless Death Penalty Policies: The Unconstitutionality Of The Washington Capital Punishment Statutory Scheme, James E. Lobsenz
Unbridled Prosecutorial Discretion And Standardless Death Penalty Policies: The Unconstitutionality Of The Washington Capital Punishment Statutory Scheme, James E. Lobsenz
Seattle University Law Review
This Article advances six reasons why Washington's statutory scheme for capital punishment should be deemed unconstitutional. The current death penalty statutes violate the separation of powers doctrine, the grand jury indictment clause of the fifth amendment, the equal protection clauses of the fourteenth amendment and article I, section 12 of the Washington State Constitution, the vagueness doctrine of the due process clause, and the doctrine of unlawful delegation of legislative power. Finally, it promotes an unequal administration of capital punishment in further violation of the guarantee of equal protection of the law.
Feticide: Murder In Kentucky?, Perry Mack Bentley
Feticide: Murder In Kentucky?, Perry Mack Bentley
Kentucky Law Journal
No abstract provided.
Kentucky Law Survey: Criminal Law, Marianna J. Read
Kentucky Law Survey: Criminal Law, Marianna J. Read
Kentucky Law Journal
No abstract provided.
Evaluating Michigan's Guilty But Mentally Ill Verdict: An Empirical Study, Gare A. Smith, James A. Hall
Evaluating Michigan's Guilty But Mentally Ill Verdict: An Empirical Study, Gare A. Smith, James A. Hall
University of Michigan Journal of Law Reform
Because Michigan's GBMI statute has been in effect for several years, enough data exists to assess the statute's use and practical effect. The purpose of this Project is to evaluate the statute and thus provide guidance for those legislatures considering similar proposals. This Project concludes that the new verdict has completely failed in its intended purpose. Part I describes the statute's history, legislative purpose, and procedural mechanics. Part II analyzes the displacing effect of the GBMI verdict on other verdicts, and sets forth empirical data on the disparate characteristics of defendants who raise the insanity defense and are subsequently found …
Pretrial Procedure Under The Massachusetts Rules Of Criminal Procedure, Eric D. Blumenson, Eva Nilsen
Pretrial Procedure Under The Massachusetts Rules Of Criminal Procedure, Eric D. Blumenson, Eva Nilsen
Faculty Scholarship
The Massachusetts Rules of Criminal Procedure became effective on July 1, 1979. While many of their provisions helpfully codify previously existing practice and case law, the Rules have in some areas effected a major transformation of criminal procedure. This article examines the changes wrought by the Rules in the pretrial arena, with emphasis on those areas that remain somewhat unfamiliar to the practitioner or untested against constitutional challenge in the courts. While the Rules appear to have done an admirable job of simplifying and rationalizing the criminal trial process, their emphasis on mutuality and reciprocity have in some cases created …
Rape Of The Mentally Deficient: Satisfaction Of The Nonconsent Element, 15 J. Marshall L. Rev. 115 (1982), Susan L. Brody
Rape Of The Mentally Deficient: Satisfaction Of The Nonconsent Element, 15 J. Marshall L. Rev. 115 (1982), Susan L. Brody
UIC Law Review
No abstract provided.
Salvaging Proportionate Prison Sentencing: A Reply To Rummel V. Estelle, Thomas F. Cavalier
Salvaging Proportionate Prison Sentencing: A Reply To Rummel V. Estelle, Thomas F. Cavalier
University of Michigan Journal of Law Reform
Part I of this Note provides a capsule of the Court's holding in Rummel. Part II argues, contrary to Rummel, that precedential support can be mustered to support eighth amendment review of sentence length. Finally, part 11,1 discusses the continued viability of the proportionality test as a vehicle for assessing challenges to the length of imprisonment, and discounts the concerns voiced in Rummel regarding the difficulty of judicial review of legislative sentencing decisions.
Domestic Violence: Illinois Responds To The Plight Of The Battered Wife - The Illinois Domestic Violence Act, 16 J. Marshall L. Rev. 77 (1982), Mary Lou Boland
Domestic Violence: Illinois Responds To The Plight Of The Battered Wife - The Illinois Domestic Violence Act, 16 J. Marshall L. Rev. 77 (1982), Mary Lou Boland
UIC Law Review
No abstract provided.
“With Malice Toward None”: A Solution To An Illinois Homicide Quandary, 32 Depaul L. Rev. 107 (1982), Timothy P. O'Neill
“With Malice Toward None”: A Solution To An Illinois Homicide Quandary, 32 Depaul L. Rev. 107 (1982), Timothy P. O'Neill
UIC Law Open Access Faculty Scholarship
No abstract provided.
Kentucky Law Survey: Criminal Law, Connie Vance Sellars
Kentucky Law Survey: Criminal Law, Connie Vance Sellars
Kentucky Law Journal
No abstract provided.