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Criminal Law Commons

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1995

Discipline
Institution
Keyword
Publication
Publication Type

Articles 121 - 150 of 246

Full-Text Articles in Criminal Law

Criminal Law - Bordering On Unreasonableness: The Third Circuit Again Expands The Border Search Exception In United States V. Hyde, Gregory T. Arnold Jan 1995

Criminal Law - Bordering On Unreasonableness: The Third Circuit Again Expands The Border Search Exception In United States V. Hyde, Gregory T. Arnold

Villanova Law Review (1956 - )

No abstract provided.


The Neighbors Are Watching: Targeting Sexual Predators With Community Notification Laws, Christine M. Kong Jan 1995

The Neighbors Are Watching: Targeting Sexual Predators With Community Notification Laws, Christine M. Kong

Villanova Law Review (1956 - )

No abstract provided.


What Does No Mean In Pennsylvania - The Pennsylvania Supreme Court's Interpretation Of Rape And The Effectiveness Of The Legislature's Response, Rosemary J. Scalo Jan 1995

What Does No Mean In Pennsylvania - The Pennsylvania Supreme Court's Interpretation Of Rape And The Effectiveness Of The Legislature's Response, Rosemary J. Scalo

Villanova Law Review (1956 - )

No abstract provided.


The Sentencing Boomerang: Drug Prohibition Politics And Reform, Eric E. Sterling Jan 1995

The Sentencing Boomerang: Drug Prohibition Politics And Reform, Eric E. Sterling

Villanova Law Review (1956 - )

No abstract provided.


On Crime, Criminal Lawyers, And O.J. Simpson: Plato's Grogias Revisited, George Anastaplo Jan 1995

On Crime, Criminal Lawyers, And O.J. Simpson: Plato's Grogias Revisited, George Anastaplo

Loyola University Chicago Law Journal

No abstract provided.


Introduction, Mary Kay Kane Jan 1995

Introduction, Mary Kay Kane

Faculty Scholarship

No abstract provided.


Guilt, Reasonable Doubt And The Reasonable Woman, Rory K. Little Jan 1995

Guilt, Reasonable Doubt And The Reasonable Woman, Rory K. Little

Faculty Scholarship

No abstract provided.


The Definition Of Hearsay: To Each Its Own, Roger C. Park Jan 1995

The Definition Of Hearsay: To Each Its Own, Roger C. Park

Faculty Scholarship

No abstract provided.


United States V. One 1973 Rolls Royce: The Confusion Continues In Interpreting Drug Forfeiture Statutes, Patricia A. O'Neill Jan 1995

United States V. One 1973 Rolls Royce: The Confusion Continues In Interpreting Drug Forfeiture Statutes, Patricia A. O'Neill

Villanova Law Review (1956 - )

No abstract provided.


Appellate Determinacy: The Sentencing Philosophy Of The United States Court Of Appeals For The Third Circuit, Gary S. Gildin Jan 1995

Appellate Determinacy: The Sentencing Philosophy Of The United States Court Of Appeals For The Third Circuit, Gary S. Gildin

Villanova Law Review (1956 - )

No abstract provided.


United States V. Cheely: Leaving The Back Door Open For Arbitrary Death Sentencing, Lisa S. Paye Jan 1995

United States V. Cheely: Leaving The Back Door Open For Arbitrary Death Sentencing, Lisa S. Paye

Villanova Law Review (1956 - )

No abstract provided.


The Sentencing Controversy: Punishment And Policy In The War Against Drugs - Introduction - What Frankel Hath Wrought, Donald W. Dowd Jan 1995

The Sentencing Controversy: Punishment And Policy In The War Against Drugs - Introduction - What Frankel Hath Wrought, Donald W. Dowd

Villanova Law Review (1956 - )

No abstract provided.


One Cheer For The Guidelines, Stewart Dalzell Jan 1995

One Cheer For The Guidelines, Stewart Dalzell

Villanova Law Review (1956 - )

No abstract provided.


Sentencing Drug Offenders: The Incarceration Addiction, Margaret P. Spencer Jan 1995

Sentencing Drug Offenders: The Incarceration Addiction, Margaret P. Spencer

Villanova Law Review (1956 - )

No abstract provided.


A Retreat From Uniformity: Does Compliance With A Plea Agreement Justify Downward Departure, Bryant D. Lim Jan 1995

A Retreat From Uniformity: Does Compliance With A Plea Agreement Justify Downward Departure, Bryant D. Lim

Villanova Law Review (1956 - )

No abstract provided.


Nichols V. United States: Using Prior, Uncounseled Misdemeanor Convictions To Enhance Sentences - A Dispute Resolved, Kerry R. Northup Jan 1995

Nichols V. United States: Using Prior, Uncounseled Misdemeanor Convictions To Enhance Sentences - A Dispute Resolved, Kerry R. Northup

Villanova Law Review (1956 - )

No abstract provided.


A Critical Analysis Of The Proposed Sentencing Guidelines For Organizations Convicted Of Environmental Crimes, Robert L. Kracht Jan 1995

A Critical Analysis Of The Proposed Sentencing Guidelines For Organizations Convicted Of Environmental Crimes, Robert L. Kracht

Villanova Law Review (1956 - )

No abstract provided.


The Crime Bill Of 1994 And The Law Of Character Evidence: Congress Was Right About Consent Defense Cases, Roger C. Park Jan 1995

The Crime Bill Of 1994 And The Law Of Character Evidence: Congress Was Right About Consent Defense Cases, Roger C. Park

Faculty Scholarship

No abstract provided.


The Emerging Role Of The Quid Pro Quo Requirement In Public Corruption .Prosecutions Under The Hobbs Act, Peter D. Hardy Jan 1995

The Emerging Role Of The Quid Pro Quo Requirement In Public Corruption .Prosecutions Under The Hobbs Act, Peter D. Hardy

University of Michigan Journal of Law Reform

This Note discusses the quid pro quo requirement under the Hobbs Act, a federal criminal statute which applies to bribery by public officials. The author first describes two recent decisions by the Supreme Court, McCormick v. United States and Evans v. United States, which established slightly different versions of a quid pro quo requirement in public corruption prosecutions under the Hobbs Act. The author then explains that the lower federal courts interpreting McCormick and Evans have molded the quid pro quo requirement so that a prosecutor must prove in all public corruption cases under the Hobbs Act that the …


Probability And Proof In State V. Skipper: An Internet Exchange, Roger C. Park, Ronald J. Allen Jan 1995

Probability And Proof In State V. Skipper: An Internet Exchange, Roger C. Park, Ronald J. Allen

Faculty Scholarship

No abstract provided.


A Rape Law Pedagogy, Kate Bloch Jan 1995

A Rape Law Pedagogy, Kate Bloch

Faculty Scholarship

No abstract provided.


Fictions, Fault, And Forgiveness: Jury Nullification In A New Context, David N. Dorfman Jan 1995

Fictions, Fault, And Forgiveness: Jury Nullification In A New Context, David N. Dorfman

Elisabeth Haub School of Law Faculty Publications

Recently, critics of the Anglo-American jury system have complained that juries in criminal trials have been ignoring the law, in favor of defendants who claim that they lack criminal responsibility because they are afflicted by the various victimization syndromes now popularized in the mass media. In this Article, Professors Dorfman and Iijima counter this characterization of the "runaway" jury and argue that juries are not ignoring the law, but rather, are exercising a primary power of the jury, to nullify the application of the law when such application to a particular defendant is unjust. The Authors trace the development of …


Prosecutorial Misconduct In Presenting Evidence: "Backdooring" Hearsay, Bennett L. Gershman Jan 1995

Prosecutorial Misconduct In Presenting Evidence: "Backdooring" Hearsay, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Rules of evidence are designed to bring about just and informed decisions. One of these rules, the hearsay rule, is designed to ensure that juries receive reliable evidence, and that out-of-court statements ordinarily are inadmissible. Prosecutors are well aware of these evidentiary restrictions, but occasionally seek to circumvent them. The author describes methods used by some prosecutors to manipulate the hearsay rule and thereby distort the truth-finding process of the trial.


Playing "21" With Narcotics Enforcement: A Response To Professor Carrington (Symposium, Regulatory Future Of Contingent Employment), Frank O. Bowman Iii Jan 1995

Playing "21" With Narcotics Enforcement: A Response To Professor Carrington (Symposium, Regulatory Future Of Contingent Employment), Frank O. Bowman Iii

Faculty Publications

Although I have fundamental disagreements with Professor Carrington even when his argument is reduced to its core, my purpose here is neither to defend every jot and tittle of national drug policy, nor to propose any sweeping personal vision of the place of recreational drugs in America. My ambitions are more modest. I suggest three premises: (1) Intelligent discussion of drug policy requires that we shed the image of law enforcement as warfare. (2) Instead, criminal narcotics prohibitions, penalties, and enforcement methods should be analyzed by the same standards which *939 govern any other type of crime. (3) If antinarcotics …


The Plain Feel Doctrine In Washington: An Opportunity To Provide Greater Protections Of Privacy To Citizens Of This State, Laura T. Bradley Jan 1995

The Plain Feel Doctrine In Washington: An Opportunity To Provide Greater Protections Of Privacy To Citizens Of This State, Laura T. Bradley

Seattle University Law Review

This Comment argues that Washington should return to an independent analysis of search and seizure doctrine under article I, section 7 of the state constitution and reject the admission of contraband seized during the course of a pat-down frisk. The decisions in Hudson and Dickerson have established an unnecessary and unworkable standard, and involve an increased invasion of personal privacy without the counter-balancing need to protect the safety of others. The plain feel doctrine as announced in Dickerson and Hudson developed from two well-established concepts in search and seizure law-the Terry frisk of persons to discover weapons and the plain …


Reconstructing The Bill Of Rights: A Reply To Amar And Marcus's Triple Play On Double Jeopardy, Susan Herman Jan 1995

Reconstructing The Bill Of Rights: A Reply To Amar And Marcus's Triple Play On Double Jeopardy, Susan Herman

Faculty Scholarship

No abstract provided.


Section 1983 Litigation, Martin A. Schwartz Jan 1995

Section 1983 Litigation, Martin A. Schwartz

Scholarly Works

No abstract provided.


Fantasy, Celebrity, And Homicide, Thomas Morawetz Jan 1995

Fantasy, Celebrity, And Homicide, Thomas Morawetz

Faculty Articles and Papers

No abstract provided.


New Insights On Waiver And The Inadvertent Disclosure Of Privileged Materials: Attorney Responsibility As The Governing Precept, Audrey Rogers Jan 1995

New Insights On Waiver And The Inadvertent Disclosure Of Privileged Materials: Attorney Responsibility As The Governing Precept, Audrey Rogers

Elisabeth Haub School of Law Faculty Publications

This Article suggests that fostering the development of attorney responsibility should be the central goal in addressing the issues raised by the inadvertent disclosure. Deciding the waiver issue by concentrating on attorney responsibility will help prevent inadvertent disclosures (and resultant waivers) by impressing upon the attorney the need to take care to avoid them. When disclosures inadvertently occur, the amount of precautions the attorney took (albeit unsuccessfully) should determine whether the privilege is waived. Placing the onus of precautions against inadvertent disclosure on the attorney is not only beneficial to the client, but also aids the profession, and the overall …


The Criminal Courtroom: Is It Child Proof?, Barbara Gilleran Johnson Hon., Timothy R. Evans Jan 1995

The Criminal Courtroom: Is It Child Proof?, Barbara Gilleran Johnson Hon., Timothy R. Evans

Loyola University Chicago Law Journal

No abstract provided.