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Articles 151 - 180 of 246
Full-Text Articles in Criminal Law
An Examination Of The Proposed Crime Of Intervention In The Draft Code Of Crimes Against The Peace And Security Of Mankind, John Linarelli
An Examination Of The Proposed Crime Of Intervention In The Draft Code Of Crimes Against The Peace And Security Of Mankind, John Linarelli
Scholarly Works
No abstract provided.
Contemplating The Successive Prosecution Phenomenon In The Federal System, Elizabeth T. Lear
Contemplating The Successive Prosecution Phenomenon In The Federal System, Elizabeth T. Lear
UF Law Faculty Publications
Constitutional scholars have long debated the relative merits of a conduct-based compulsory joinder rule. The dialogue has centered on the meaning of the “same offence” language of the Double Jeopardy Clause, concentrating specifically on whether it includes the factual circumstances giving rise to criminal liability or applies only to the statutory offenses charged. However, the Supreme Court, in United States v. Dixon, abandoned as “unworkable” a limited conduct-based approach it had fashioned just three years before in Grady v. Corbin.
This Article does not assess the frequency with which federal authorities prosecute joinable offenses separately. While such information ultimately is …
Putting Women First, Mary I. Coombs
Undertaking The Task Of Reforming The American Character Evidence Prohibition: The Importance Of Getting The Experiment Off On The Right Foot, Edward J. Imwinkelried
Undertaking The Task Of Reforming The American Character Evidence Prohibition: The Importance Of Getting The Experiment Off On The Right Foot, Edward J. Imwinkelried
Fordham Urban Law Journal
The United States Congress and the State Legislatures of Indiana and Missouri have chosen illogical starting points in their experiments to reform the prohibition against introducing character evidence in criminal cases. Rather than start by allowing the introduction of past crimes with high recidivism rates such as burglary, these legislatures have chosen crimes with minimal probative value as predictors of the accused's conduct. By allowing the the introduction of criminal history in regard to criminal sexual conduct and child molestation, these legislatures increase the risk of wrongful conviction due to the disdain with which the average citizen views these types …
Shots Across No Man's Land: A Response To Handgun Control, Inc.'S, Richard Aborn, Nicholas J. Johnson
Shots Across No Man's Land: A Response To Handgun Control, Inc.'S, Richard Aborn, Nicholas J. Johnson
Fordham Urban Law Journal
In response to Richard Aborn's article "The Battle Over the Brady Bill and the Future of Gun Control Advocacy, Johnson argues that Aborn's "bad gun formula" trivializes the Second Amendment, ignores issues vital to the gun control debate, and obfuscates what should ultimately need to be a choice between an armed citizenry or a disarmed one. Aborn's article suggests no real changes and does not effectively advance the debate.
N.O.W. V. Scheidler: Rico Meets The First Amendment, Craig M. Bradley
N.O.W. V. Scheidler: Rico Meets The First Amendment, Craig M. Bradley
Articles by Maurer Faculty
A look at the controversial N.O.W. v. Scheidler case.
Calmer Seas: The Supreme Court's Major Criminal Law Rulings Of The 1993-94 Term, William E. Hellerstein
Calmer Seas: The Supreme Court's Major Criminal Law Rulings Of The 1993-94 Term, William E. Hellerstein
Touro Law Review
No abstract provided.
New York's Son Of Sam Law: Alive And Well Today, Steven P. Vargas
New York's Son Of Sam Law: Alive And Well Today, Steven P. Vargas
Touro Law Review
No abstract provided.
Ineffective Assistance Counsel
"Mixture Or Substance": Continuing Disparity Under The Federal Sentencing Guidelines Section 2d1.1, Eric J. Stockel
"Mixture Or Substance": Continuing Disparity Under The Federal Sentencing Guidelines Section 2d1.1, Eric J. Stockel
Touro Law Review
No abstract provided.
Reforming Incompetency To Stand Trial And Plead Guilty: A Restated Proposal And A Response To Professor Bonnie, Bruce J. Winick
Reforming Incompetency To Stand Trial And Plead Guilty: A Restated Proposal And A Response To Professor Bonnie, Bruce J. Winick
Journal of Criminal Law and Criminology
No abstract provided.
Contemplating The Successive Prosecution Phenomenon In The Federal System, Elizabeth T. Lear
Contemplating The Successive Prosecution Phenomenon In The Federal System, Elizabeth T. Lear
Journal of Criminal Law and Criminology
No abstract provided.
Fifth Amendment--Responding To Abiguous Requests For Counsel During Custodial Interrogations, Thomas O. Levenberg
Fifth Amendment--Responding To Abiguous Requests For Counsel During Custodial Interrogations, Thomas O. Levenberg
Journal of Criminal Law and Criminology
No abstract provided.
Should Courts Instruct Juries As To The Consequences To A Defendant Of A Not Guilty By Reason Of Insanity Verdict, Randi Ellias
Should Courts Instruct Juries As To The Consequences To A Defendant Of A Not Guilty By Reason Of Insanity Verdict, Randi Ellias
Journal of Criminal Law and Criminology
No abstract provided.
Has The Supreme Court Really Turned Rico Upside Down: An Examination Of Now V. Scheidler, Michael Vitiello
Has The Supreme Court Really Turned Rico Upside Down: An Examination Of Now V. Scheidler, Michael Vitiello
Journal of Criminal Law and Criminology
No abstract provided.
Gun Ownership And Gang Membership, Beth Bjerregaard, Alan J. Lizotte
Gun Ownership And Gang Membership, Beth Bjerregaard, Alan J. Lizotte
Journal of Criminal Law and Criminology
No abstract provided.
Defining Excessiveness: Applying The Eighth Amendment To Civil Forfeiture After Austin V. United States, Sarah N. Welling, Medrith Lee Hager
Defining Excessiveness: Applying The Eighth Amendment To Civil Forfeiture After Austin V. United States, Sarah N. Welling, Medrith Lee Hager
Law Faculty Scholarly Articles
In 1971, agents of the federal government seized a $20,000 yaught after finding a small quantity of marijuana on board. Ten years later government agents confiscated a twenty-eight foot boat that held drugs consisting of one marijuana twig and two marijuana leaves. Since then, the government has taken possession of a $250,000 home because a drug transaction occurred in a car parked in the driveway and of a smaller dwelling because the owner used the telephone inside to set up a drug deal at another location. In another incident, local, county, state, and federal agents shot and killed the owner …
The Relevance Of Matching Dna: Is The Window Half Open Or Half Shut, D.H. Kaye
The Relevance Of Matching Dna: Is The Window Half Open Or Half Shut, D.H. Kaye
Journal of Criminal Law and Criminology
No abstract provided.
Sentencing Guidelines And Prison Population Grouth, Thomas B. Marvell
Sentencing Guidelines And Prison Population Grouth, Thomas B. Marvell
Journal of Criminal Law and Criminology
No abstract provided.
Legal Enforcement Of Morality, Kent Greenawalt
Legal Enforcement Of Morality, Kent Greenawalt
Journal of Criminal Law and Criminology
No abstract provided.
When Heterosexual Men Kill Homosexual Men: Reflections On Provocation Law, Sexual Advances, And The Reasonable Man Standard, Joshua Dressler
When Heterosexual Men Kill Homosexual Men: Reflections On Provocation Law, Sexual Advances, And The Reasonable Man Standard, Joshua Dressler
Journal of Criminal Law and Criminology
No abstract provided.
Gun Control And Economic Discrimination: The Melting-Point Case-In-Point, T. Markus Funk
Gun Control And Economic Discrimination: The Melting-Point Case-In-Point, T. Markus Funk
Journal of Criminal Law and Criminology
No abstract provided.
Bright Lines And Hard Edges: Anatomy Of A Criminal Evidence Decision, Robert P. Burns
Bright Lines And Hard Edges: Anatomy Of A Criminal Evidence Decision, Robert P. Burns
Journal of Criminal Law and Criminology
No abstract provided.
Fourth Amendment And Fourteenth Amendment--Malicious Prosecution And 1983: Is There A Constitutional Violation Remediable Under Section 1983, Eric J. Wunsch
Fourth Amendment And Fourteenth Amendment--Malicious Prosecution And 1983: Is There A Constitutional Violation Remediable Under Section 1983, Eric J. Wunsch
Journal of Criminal Law and Criminology
No abstract provided.
Fifth Amendment--The Covert Narrowing Of Double Jeopardy Precedent: The Supreme Court's Real Reason For Hearing Schiro V. Farley, James R. Lane
Fifth Amendment--The Covert Narrowing Of Double Jeopardy Precedent: The Supreme Court's Real Reason For Hearing Schiro V. Farley, James R. Lane
Journal of Criminal Law and Criminology
No abstract provided.
Fifth Amendment--Double Jeopardy And The Dangerous Drug Tax, John Hildy
Fifth Amendment--Double Jeopardy And The Dangerous Drug Tax, John Hildy
Journal of Criminal Law and Criminology
No abstract provided.