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Criminal Law Commons

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Michigan Law Review

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Articles 181 - 210 of 636

Full-Text Articles in Criminal Law

History Against Free Speech: The New German Law Against The "Auschwitz" -- And Other -- "Lies", Eric Stein Nov 1986

History Against Free Speech: The New German Law Against The "Auschwitz" -- And Other -- "Lies", Eric Stein

Michigan Law Review

An American observer would expect the central issue in the public debate to be the conflict between the constitutionally protected values of individual freedom of expression on the one hand and public security and personal honor on the other. This, however, has not been the case. To the contrary, the constitutional issue has played a marginal role in the legislative process, and it has been resolved by the courts with obvious ease in favor of the constitutionality of the previous legislation on the same general subject. There is every reason to believe that the new law will also be upheld, …


Expert Services And The Indigent Criminal Defendant: The Constitutional Madate Of Ake V. Oklahoma, John M. West May 1986

Expert Services And The Indigent Criminal Defendant: The Constitutional Madate Of Ake V. Oklahoma, John M. West

Michigan Law Review

This Note attempts to define the boundaries of the indigent criminal defendant's constitutional right to expert assistance, in the light of Ake v. Oklahoma. Part I briefly reviews the Ake decision and examines its constitutional background. Part II inquires into Ake's implications for experts other than psychiatrists and in contexts other than the insanity defense, arguing that the principles that guided the Ake decision have validity well beyond the facts of that case. Part III asks whether the Ake doctrine should be limited to capital cases. Rejecting such a limitation, it concludes that the right to expert assistance …


Injury And Exasperation: An Examination Of Harm To Others And Offense To Others, Andrew Von Hirsch Apr 1986

Injury And Exasperation: An Examination Of Harm To Others And Offense To Others, Andrew Von Hirsch

Michigan Law Review

A Review of Harm to Others by Joel Feinberg and a Review of Offense to Others by Joel Feinberg


A Capacity To Punish: The Ecology Of Crime And Punishment, Samuel M. Hill Apr 1986

A Capacity To Punish: The Ecology Of Crime And Punishment, Samuel M. Hill

Michigan Law Review

A Review of A Capacity to Punish: The Ecology of Crime and Punishment by Henry N. Pontell


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


In The Jungle Of Cities, Anthony Chase Apr 1986

In The Jungle Of Cities, Anthony Chase

Michigan Law Review

A Review of American Violence and Public Policy: An Update of the National Commission on the Causes and Prevention of Violence by Lynn A. Curtis and The Miami Riot of 1980: Crossing the Bounds by Bruce Porter and Marvin Dunn


Poisoning For Profit: The Mafia And Toxic Waste In America, Geoffrey Garver Apr 1986

Poisoning For Profit: The Mafia And Toxic Waste In America, Geoffrey Garver

Michigan Law Review

A Review of Poisoning for Profit: The Mafia and Toxic Waste in America by Alan A. Block and Frank R. Scarpitti


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 Capital Punishment Conundrum, Eric Schnapper Apr 1986

The Capital Punishment Conundrum, Eric Schnapper

Michigan Law Review

A Review of Life in the Balance: Procedural Safeguards in Capital Cases by Welsh S. White


Dangerous Offenders: The Elusive Target Of Justice, Elizabeth T. Lear Apr 1986

Dangerous Offenders: The Elusive Target Of Justice, Elizabeth T. Lear

Michigan Law Review

A Review of Dangerous Offenders: The Elusive Target of Justice by Mark H. Moore, Susan Estrich, Daniel McGillis, and William Spelman


On The Threshold Of Wainwright V Sykes: Federal Habeas Court Scrutiny Of State Procedural Rules And Rulings, Michigan Law Review Apr 1985

On The Threshold Of Wainwright V Sykes: Federal Habeas Court Scrutiny Of State Procedural Rules And Rulings, Michigan Law Review

Michigan Law Review

This Note examines specific problems which stand on the threshold of Wainwright v. Sykes. Resolution of these problems is necessary to determine whether a state ruling is based upon an adequate state procedural ground, requiring application of the cause-and-prejudice test before habeas review will be permitted. Part I analyzes the rationale for the rule of Wainwright v. Sykes as well as its historical underpinnings. Part II examines the treatment of state court decisions that are based both on a defaulted claim and, in the alternative, on the merits of that claim. This Part concludes that decisions containing such alternative …


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


The Heroin Solution, Michigan Law Review Feb 1985

The Heroin Solution, Michigan Law Review

Michigan Law Review

A Review of The Heroin Solution by Arnold S. Trebach


"How Can You Defend Those People?" The Making Of A Criminal Lawyer, Michigan Law Review Feb 1985

"How Can You Defend Those People?" The Making Of A Criminal Lawyer, Michigan Law Review

Michigan Law Review

A Review of "How Can You Defend Those People?" The Making of a Criminal Lawyer by James S. Kunen


Capital Punishment: For Or Against, Jan Gorecki Feb 1985

Capital Punishment: For Or Against, Jan Gorecki

Michigan Law Review

A Review of The Death Penalty -- A Debate by Ernest van den Haag and John Conrad


Born To Crime: The Genetic Causes Of Criminal Behavior, Michigan Law Review Feb 1985

Born To Crime: The Genetic Causes Of Criminal Behavior, Michigan Law Review

Michigan Law Review

A Review of Born to Crime: The Genetic Causes of Criminal Behavior by Lawrence Taylor


Abscam And The Constitution, Louis Michael Seidman Feb 1985

Abscam And The Constitution, Louis Michael Seidman

Michigan Law Review

A Review of ABSCAM Ethics: Moral Issues and Deception in Law Enforcement by Gerald M. Caplan


Just And Painful: A Case For The Corporal Punishment Of Criminals, Michigan Law Review Feb 1985

Just And Painful: A Case For The Corporal Punishment Of Criminals, Michigan Law Review

Michigan Law Review

A Review of Just and Painful: A Case for the Corporal Punishment of Criminals by Graeme Newman


Some Enlightenment On Crime, Shirley S. Abrahamson Feb 1985

Some Enlightenment On Crime, Shirley S. Abrahamson

Michigan Law Review

A Review of Encyclopedia of Crime and Justice Edited by Sanford H. Kadish


Black Innocence And The White Jury, Sheri Lynn Johnson Jan 1985

Black Innocence And The White Jury, Sheri Lynn Johnson

Michigan Law Review

Racial prejudice has come under increasingly close scrutiny during the past thirty years, yet its influence on the decisionmaking of criminal juries remains largely hidden from judicial and critical examination. In this Article, Professor Johnson takes a close look at this neglected area. She first sets forth a large body of social science research that reveals a widespread tendency among whites to convict black defendants in instances in which white defendants would be acquitted. Next, she argues that none of the existing techniques for eliminating the influence of racial bias on criminal trials adequately protects minority-race defendants. She contends that …


The Rico Nexus Requirement: A "Flexible" Linkage, Michigan Law Review Dec 1984

The Rico Nexus Requirement: A "Flexible" Linkage, Michigan Law Review

Michigan Law Review

This Note argues that the RICO "nexus" requirement can be interpreted to limit effectively this overbroad use of RICO without emasculating the statute. The "nexus requirement" is generally described as defining the word "through" in section 1962(c), the provision of RICO that makes it illegal to "conduct or participate, directly or indirectly, in the conduct of [an] enterprise's affairs through a pattern of racketeering activity." This language establishes the necessity of proving a relationship between the enterprise and the racketeering. Once evidence of the alleged enterprise and the predicate racketeering acts has been submitted, the final element of proof must …


Testing The Limits Of Law Enforcement, James J. Fyfe Feb 1984

Testing The Limits Of Law Enforcement, James J. Fyfe

Michigan Law Review

A Review of The Limits of Law Enforcement by Hans Zeisel


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


The Insanity Plea: The Uses And Abuses Of The Insanity Defense, Michigan Law Review Feb 1984

The Insanity Plea: The Uses And Abuses Of The Insanity Defense, Michigan Law Review

Michigan Law Review

A Review of The Insanity Plea: The Uses and Abuses of the Insanity Defense by William J. Winslade and Judith Wilson Ross


Ethics, Public Policy And Criminal Justice, Michigan Law Review Feb 1984

Ethics, Public Policy And Criminal Justice, Michigan Law Review

Michigan Law Review

A Review of Ethics, Public Policy and Criminal Justice by Frederick Elliston and Norman Bowie


The Home Front: Notes From The Family War Zone, Michigan Law Review Feb 1984

The Home Front: Notes From The Family War Zone, Michigan Law Review

Michigan Law Review

A Review of The Home Front: Notes from the Family War Zone by Louise Armstrong


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


Court Reform From Bail To Jail, Wade H. Mccree Jr. Feb 1984

Court Reform From Bail To Jail, Wade H. Mccree Jr.

Michigan Law Review

A Review of Court Reform on Trial: Why Simple Solutions Fail by Malcolm M. Feeley