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Articles 1171 - 1200 of 1341

Full-Text Articles in Criminal Law

Bail In Missouri Revisited, Mark Berger Oct 1974

Bail In Missouri Revisited, Mark Berger

Faculty Works

During the early part of the 1960's, interest in the civil rights movement generated concern over the inequities of bail administration. In the latter part of the decade the same problems were revealed in major studies of the nation's criminal justice system. Contributions to the legal literature in this period, encompassing statistical and evaluative studies as well as academic analysis, helped to focus further attention on bail. Moreover, a major effort was undertaken by the United States Department of Justice to promote the sharing of bail program information and ideas. There are signs, however, that some of the earlier interest …


State V. Latimore, 284 So. 2d 423 (Fla. 3d Dist. Ct. App. 1973), Cert. Denied, 291 So. 2d 7 (Fla. 1974), Florida State University Law Review Jul 1974

State V. Latimore, 284 So. 2d 423 (Fla. 3d Dist. Ct. App. 1973), Cert. Denied, 291 So. 2d 7 (Fla. 1974), Florida State University Law Review

Florida State University Law Review

Criminal Law- FLORIDA RULES OF CRIMINAL PROCEDURE- INVESTIGATIVE REPORTS NEITHER SIGNED BY NOR DIRECTLY QUOTING A DECLARANT ARE NOT DISCOVERABLE "STATEMENTS" WITHIN RULE 3.220.


Section 11 Of The Bill Of Rights: Rehabilitation Potential And Sentencing, 8 J. Marshall J. Prac. & Proc. 269 (1974), Roy W. Hardin Jan 1974

Section 11 Of The Bill Of Rights: Rehabilitation Potential And Sentencing, 8 J. Marshall J. Prac. & Proc. 269 (1974), Roy W. Hardin

UIC Law Review

No abstract provided.


Ohio Mail And Visitation Prison Regulations And The Evolving Recognition Of Prisoners' Rights, Donald L. Uchtmann Jan 1974

Ohio Mail And Visitation Prison Regulations And The Evolving Recognition Of Prisoners' Rights, Donald L. Uchtmann

Cleveland State Law Review

Dynamic changes have occurred in recent years in the area of prisoners' rights. The antiquated view that prisoners were without any rights - that prisoners were "slave [s] of the State' – has been replaced by the more progressive view that a prisoner retains all rights of an ordinary citizen except those rights expressly or necessarily taken from him by law. As will be seen below, the areas of mail rights and visitation rights have been particularly dynamic. In light of the changing views regarding prisoners' rights, one may wonder what the current Ohio regulations regarding mail and visitation within …


Legislative Note: Michigan's Criminal Sexual Assault Law, Kenneth A. Cobb, Nancy R. Schauer Jan 1974

Legislative Note: Michigan's Criminal Sexual Assault Law, Kenneth A. Cobb, Nancy R. Schauer

University of Michigan Journal of Law Reform

Under increasing pressure from women's rights groups and other reform organizations, the Michigan legislature has re-evaluated its centenarian rape statute, found it inadequate for the realities of the mid-twentieth century, and enacted a new sexual assault act. While people may refer to the act as "the new rape law," it should be noted at the outset that the statute is intended to prohibit a variety of sexual acts which involve criminal assault. Michigan's new criminal sexual assault law was formulated to distinguish among degrees of violence as motivated by hostility rather than passion; rape, like other crimes, is more heinous …


Regional Commissions To Monitor Confinement Institutions: A Proposal, Arthur R. Landever Oct 1973

Regional Commissions To Monitor Confinement Institutions: A Proposal, Arthur R. Landever

Law Faculty Articles and Essays

O N ANY GIVEN DAY, THERE ARE MORE THAN one million persons involuntarily confined within government institutions.1 Those in custody whether committed to mental institutions, jails, juvenile facilities, or prisons, are the invisible Americans. Until recently, most of us on the outside were not particularly concerned about their lot. To the extent that we knew of their existence, we were relieved that they were out of our immediate neighborhoods and that we were "protected" from them. Increasingly, however, newspaper headlines or television screens have begun to show glimpses of these inmates as they riot; widespread abuses are exposed, and authorities …


Florida's Legislative Response To Furman: An Exercise In Futility?, Charles W. Ehrhardt, Harold Levinson Jul 1973

Florida's Legislative Response To Furman: An Exercise In Futility?, Charles W. Ehrhardt, Harold Levinson

Scholarly Publications

No abstract provided.


The Future Of Capital Punishment In Florida: Analysis And Recommendations, Charles W. Ehrhardt, Phillip A. Hubbart, Harold Levinson, William Mckinley Smiley, Thomas A. Wills Jan 1973

The Future Of Capital Punishment In Florida: Analysis And Recommendations, Charles W. Ehrhardt, Phillip A. Hubbart, Harold Levinson, William Mckinley Smiley, Thomas A. Wills

Scholarly Publications

The Supreme Court's decision abolishing the death penalty, at least as it existed in most jurisdictions, hardly represents the final resolution of the controversy over capital punishment. Given substantial public sentiment which apparently favors capital punishment in some form-voiced, for example, in the results of the recent referendum in California-various legislative bodies will face the question of whether capital punishment can and should be legislatively reinstated. In December 1972 the State of Florida became the first jurisdiction to pass judgment on this question. The legislature enacted a bill allowing imposition of the death penalty in certain circumstances. The two articles …


Criminal Law Notes: The Uniform Controlled Substance Act Of 1973 -- A Hiatus In Criminal Law, F. Thomas Schornhorst Jan 1973

Criminal Law Notes: The Uniform Controlled Substance Act Of 1973 -- A Hiatus In Criminal Law, F. Thomas Schornhorst

Articles by Maurer Faculty

No abstract provided.


An Introduction To The Kentucky Penal Code: A Critique Of Pure Reason?, Kathleen F. Brickey Jan 1973

An Introduction To The Kentucky Penal Code: A Critique Of Pure Reason?, Kathleen F. Brickey

Kentucky Law Journal

No abstract provided.


Authorized Dispositions Of Offenders Under The New Kentucky Penal Code, Gregory M. Bartlett Jan 1973

Authorized Dispositions Of Offenders Under The New Kentucky Penal Code, Gregory M. Bartlett

Kentucky Law Journal

No abstract provided.


Classification Of Offenses And Disposition Of Offenders, Marvin L. Coan Jan 1973

Classification Of Offenses And Disposition Of Offenders, Marvin L. Coan

Kentucky Law Journal

No abstract provided.


Double Jeopardy And The New Kentucky Penal Code, Neil S. Hackworth Jan 1973

Double Jeopardy And The New Kentucky Penal Code, Neil S. Hackworth

Kentucky Law Journal

No abstract provided.


The Concurrent State And Local Regulation Of Marijuana: The Validity Of The Ann Arbor Marijuana Ordinance, Michigan Law Review Dec 1972

The Concurrent State And Local Regulation Of Marijuana: The Validity Of The Ann Arbor Marijuana Ordinance, Michigan Law Review

Michigan Law Review

The City Council of Ann Arbor, Michigan, has recently amended the City's "marijuana ordinance" so that it prohibits the possession, control, use, giving away, or sale of marijuana, and specifies a five dollar fine as punishment for violations of the ordinance. The State of Michigan has also legislated to prohibit marijuana-related activities, specifying a number of different offenses with penalties ranging as high as four years in prison, or a 2,000 dollar fine, or both. By enacting the ordinance, the City government has minimized the criminal sanctions for an activity it has found essentially benign, pursuant to certain local purposes. …


The Sad Story Of Superbill, Or What Happened To The Indiana Code Of 1971?, Reed Dickerson Jan 1972

The Sad Story Of Superbill, Or What Happened To The Indiana Code Of 1971?, Reed Dickerson

Articles by Maurer Faculty

No abstract provided.


Non-Trial Dispositions Of Criminal Offenders: A Case Study, Nancy S. Warder, David C. Zalk Jan 1972

Non-Trial Dispositions Of Criminal Offenders: A Case Study, Nancy S. Warder, David C. Zalk

University of Michigan Journal of Law Reform

A number of pre-trial diversion projects, similar to CPA, funded either by the Law Enforcement Assistance Administration or by the United States Department of Labor, have been set up in recent years in a number of cities around the country. Many are modeled after the Vera Institute's Manhattan Court Employment Project in New York and Project Crossroads in Washington, D.C. While the programs are not entirely identical in operation, hopefully this discussion of some of the legal issues involved in non-trial disposition of criminal offenders will be of use outside the immediate confines of the CPA situation. Ultimately the continued …


Mental Illness And Criminal Commitment In Michigan, Grant H. Morris Jan 1971

Mental Illness And Criminal Commitment In Michigan, Grant H. Morris

University of Michigan Journal of Law Reform

This article concentrates on one vital issue: to what extent are differences in treatment justified because of a mentally ill person's "criminal" involvement. While the article is primarily concerned with Michigan institutions and Michigan statutes, the discussion and the solutions proposed are in many respects applicable to all states of the Union. Not only must all states reevaluate their policies toward criminal commitment of the mentally ill in light of ever-changing medical and penal theory, but they must also consider the developing constitutional concepts in this area. These constitutional issues are raised here only to the extent necessary to alert …


Criminal Law Revision In California, Arthur H. Sherry Jan 1971

Criminal Law Revision In California, Arthur H. Sherry

University of Michigan Journal of Law Reform

The high water mark of criminal law reform in California was reached in 1872 when the legislature, after at least a decade of indifference to requests for action, adopted the Penal Code, the Civil Code and the Code of Civil Procedure.' This emergence into the company of contemporary pioneers of codification, Louisiana and New York, was a source of complacent pride, but it proved to be completely ineffective as a stimulus for continuing revision or even further codification. Renewed interest in improving and modernizing the law was not apparent until well into the twentieth century. When this interest did appear, …


The Illinois Criminal Code Of 1961 And Code Of Criminal Procedure Of 1963, Charles H. Bowman Jan 1971

The Illinois Criminal Code Of 1961 And Code Of Criminal Procedure Of 1963, Charles H. Bowman

University of Michigan Journal of Law Reform

Illinois had no "Criminal Code" in the sense of a codified, systematic body of law functioning as an instrument of social control in a modern community. Many provisions had remained unchanged since Judge Lockwood, in submitting a revised draft of the Laws of Illinois to the Illinois General Assembly of 1827, described the small chapter on criminal jurisprudence as deriving primarily from a volume of the Laws of New York of 1802 which he brought with him to Illinois, and a volume of the Laws of Georgia which he located in the office of the Secretary of State. In fact, …


Criminal Law Revision In Delaware And Hawaii, Frank B. Baldwin Iii Jan 1971

Criminal Law Revision In Delaware And Hawaii, Frank B. Baldwin Iii

University of Michigan Journal of Law Reform

Criminal law revision has not been limited to the largest states, which have greater resources and legal facilities, but has also occurred in Delaware and Hawaii, states which have relatively small numbers of legal practitioners, no local school of law, and relatively small populations. In both states, criminal law revision efforts were quite similar, in that an early decision was made to rely heavily on published revised codes of other jurisdictions and on the Model Penal Code, rather than undertaking an extensive initial study and preparing a unique code. The following article will compare the criminal law revision projects in …


A Re-Examination Of The Law Of Homicide In 1971: The Model Penal Code, Roy Mitchell Moreland Jan 1971

A Re-Examination Of The Law Of Homicide In 1971: The Model Penal Code, Roy Mitchell Moreland

Kentucky Law Journal

No abstract provided.


Reflection On The Law Reforming Process, Sanford J. Fox Jan 1971

Reflection On The Law Reforming Process, Sanford J. Fox

University of Michigan Journal of Law Reform

This paper is based on three experiences as draftsman or reporter in penal law legislation projects. The first such experience was as sole draftsman for a New Hampshire criminal code, an undertaking commenced in November 1967, which produced a proposed code in April 1969. I am continuing this activity at the present time as assistant to a committee of the New Hampshire legislature that is currently holding hearings on the proposal in preparation for reporting out a criminal code bill this spring. Since work on the New Hampshire code represents the most extensive experience, it is the basis for most …


Criminal Law Revision In Kentucky: Part Ii--Inchoate Crimes, Robert G. Lawson Jan 1970

Criminal Law Revision In Kentucky: Part Ii--Inchoate Crimes, Robert G. Lawson

Kentucky Law Journal

No abstract provided.


Some Observations On Waiver In Indiana Criminal Appeals: The Substantial Re-Adoption Of Rule 1-14b In Trial Rule 59, Francis X. Mccloskey Jan 1970

Some Observations On Waiver In Indiana Criminal Appeals: The Substantial Re-Adoption Of Rule 1-14b In Trial Rule 59, Francis X. Mccloskey

Indiana Law Journal

No abstract provided.


1970-1973 Rowan County (Ky.) Minute Book, Rowan County (Ky.) Circuit Court Jan 1970

1970-1973 Rowan County (Ky.) Minute Book, Rowan County (Ky.) Circuit Court

Rowan County Circuit Court Ledgers

Minute Book from Rowan County (Ky.) Circuit Court from 1970 to 1976.


Criminal Law--Commercial Bribery--The Need For Legislative Reform, E. Robert Goebel Jan 1969

Criminal Law--Commercial Bribery--The Need For Legislative Reform, E. Robert Goebel

Kentucky Law Journal

No abstract provided.


Criminal Law--Consensual Homosexual Behavior--The Need For Legislative Reform, Paul L. Lamb Jan 1969

Criminal Law--Consensual Homosexual Behavior--The Need For Legislative Reform, Paul L. Lamb

Kentucky Law Journal

No abstract provided.


Criminal Law--Official Misconduct--The Need For Legislative Reform, David L. Fister Jan 1969

Criminal Law--Official Misconduct--The Need For Legislative Reform, David L. Fister

Kentucky Law Journal

No abstract provided.


Theft In Kentucky, Glen S. Bagby Jan 1969

Theft In Kentucky, Glen S. Bagby

Kentucky Law Journal

No abstract provided.


Criminal Law--Abortion--The Need For Legislative Reform, Sidney M. Morris Jan 1969

Criminal Law--Abortion--The Need For Legislative Reform, Sidney M. Morris

Kentucky Law Journal

No abstract provided.