Criminal Law Commons^™

Kentucky Law Survey: Criminal Law, Patrick M. Malone, Eileen M. Malone

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Criminal Law, Rebecca M. Overstreet, Jean Collier

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Criminal Law, Ellen Liebman Brice, Kenneth Taylor

Kentucky Law Journal

No abstract provided.

United States V. Sutton And The Scope Of Title Ix Of The Organized Crime Control Act Of 1970: The Sixth Circuit's Narrow Interpretation Of The Meaning Of "Enterprise", Gary Wayne Hart

Kentucky Law Journal

No abstract provided.

Presuming Lawyers Competent To Protect Fundamental Rights: Is It An Affordable Fiction?, Robert G. Lawson

Law Faculty Scholarly Articles

This article explores the ramifications of Wainwright v. Sykes, a case decided before the Supreme Court of the United States in 1977. The broad question before the Court in Sykes concerned the extent to which state prisoners should have access to federal court by use of the writ of habeas corpus. The narrow issue before the Court concerned the impact on a prisoner's claim for habeas relief of procedural defaults (such as a failure to object to evidence, a failure to perfect an appeal, etc.) that occur in the state proceeding under attack. In considering these important issues Justice …

Keeping Kidnapping In Its Place: When Does The Kentucky Exemption Apply?, Anne Adams Chesnut

Kentucky Law Journal

No abstract provided.

Corporations And The Criminal Law: An Uneasy Alliance, James R. Elkins

Kentucky Law Journal

No abstract provided.

Taylor V. Hayes: A Case Study In The Use Of The Summary Contempt Power Against The Trial Attorney, W. Eugene Basanta

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Criminal Law, Gerald G. Ashdown

Kentucky Law Journal

No abstract provided.

Financial Screening In Criminal Cases—Impractical And Irrelevant, William H. Fortune

Law Faculty Scholarly Articles

In 1970 Chief Justice Burger, commenting on the work of the ABA Advisory Committee, compared the criminal justice system to a three-legged stool, one leg the judge, the second leg the prosecution, and the third leg the defense lawyer: "We concluded very quickly that that third leg in this context was as essential as the third leg of a stool. We have not quite said it ought to be jurisdictional that you have three parts to this enterprise but we have come very, very close to it." It is time to admit the overriding social need for attorney representation and …

Far Beyond Nuremberg: Steps Toward International Criminal Jurisdiction, Richard I. Miller

Kentucky Law Journal

No abstract provided.

Kentucky Penal Code: The Culpable Mental States And Related Matters, Robert G. Lawson

Kentucky Law Journal

No abstract provided.

Kentucky Penal Code: The Culpable Mental States And Related Matters, Robert G. Lawson

Law Faculty Scholarly Articles

All efforts to improve the criminal law of this commonwealth prior to 1972 were directed toward relatively narrow problems. Legislative changes in the law had been made from time to time, almost always without conscious regard for the manner in which related principles were affected. Defects of considerable importance resulted. The criminal law became substantially disjointed and difficult of administration. Unjust and inequitable treatment of offenders was more prominent than its opposite. In some instances sanctions were clearly inadequate for the type of behavior sought to be controlled. In others they were grossly disproportionate to the social harms used to …

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

Kentucky Law Journal

No abstract provided.

The Evolution Of Drug Legislation In Kentucky, Dale H. Farabee

Kentucky Law Journal

No abstract provided.

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

Kentucky Law Journal

No abstract provided.

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

Kentucky Law Journal

No abstract provided.

Sentencing: The Use Of Psychiatric Information And Presentence Reports, Rutheford B. Campbell Jr.

Law Faculty Scholarly Articles

It has become apparent that the two disciplines of law and psychiatry have a common "interface" in the field of criminal justice. Commentators generally agree that the administration of criminal justice is greatly aided by psychiatrists and psychiatric data. That is not to say, however, that the meeting of the disciplines has been without incident or misunderstanding. Problems have arisen because of divergent attitudes and goals of the professions. Some commentators say that the concerns of the two disciplines are not the same; others claim that much of the problem lies in the over-estimation of the certainty and reliability of …

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

Kentucky Law Journal

No abstract provided.

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

Kentucky Law Journal

No abstract provided.

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

Law Faculty Scholarly Articles

Kentucky, like other jurisdictions, imposes criminal sanctions for conduct that is designed to achieve a criminal result but fails for some reason to accomplish its anti-social objective. Such conduct is punishable, if at all, as criminal attempt, criminal conspiracy, or criminal solicitation. In looking toward revision, attention should be focused initially upon the objectives to be promoted by classifying unsuccessful, anti-social conduct as criminal behavior.

First: There is obviously need for a firm basis for the intervention of law enforcement agencies to prevent a person dedicated to the commission of a crime from consummating it. In determining that basis, attention …

Criminal Law--Bail--Right To Bail In Capital Cases After Prior Revocation, Mark Stephen Pitt

Kentucky Law Journal

No abstract provided.

Criminal Law Revision In Kentucky: Part I—Homicide And Assault, Robert G. Lawson

Law Faculty Scholarly Articles

At the present time the Kentucky Commission on Law Enforcement and Crime Prevention and the Legislative Research Commission are jointly engaged in a project designed to revise the state's substantive criminal law. This effort is justifiable only if the existing law is defective and the "revision will result in significant improvement in [criminal law] administration." A cursory examination of the criminal statutes, with no reference to case law, leaves not the slightest doubt as to the need for revision. Until now no major attempt at revision has ever been undertaken in this state. As a consequence, the statutes are devoid …

Classification And Degrees Of Offenses--An Approach To Modernity, John S. Eldred

Kentucky Law Journal

No abstract provided.

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

Kentucky Law Journal

No abstract provided.

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

Kentucky Law Journal

No abstract provided.

Sentencing: The Good, The Bad, And The Enlightened, Rutheford B. Campbell Jr., Bill Cunningham

Law Faculty Scholarly Articles

In June, 1968 the Kentucky Crime Commission, in keeping with legislative instruction, made certain recommendations for a change in Kentucky's current treatment of crime and punishment. Within its report was a suggestion that sentencing in all non-capital criminal cases be rendered by the judge instead of the jury. Thus, it must be emphasized that this discussion is confined only to sentencing in noncapital cases.

The authors have arrived at a definite recommendation which is offered at the conclusion of the paper. It is our opinion that the suggestion outlined is not only the most efficient and proper but also the …

Theft In Kentucky, Glen S. Bagby

Kentucky Law Journal

No abstract provided.