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Criminal Law Commons

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1998

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Articles 91 - 120 of 279

Full-Text Articles in Criminal Law

Search And Seizure, Supreme Court, Appellate Division, First Department: People V. Lafontaine Jan 1998

Search And Seizure, Supreme Court, Appellate Division, First Department: People V. Lafontaine

Touro Law Review

No abstract provided.


Self-Incrimination, Supreme Court, Suffolk County: People V. Shulman Jan 1998

Self-Incrimination, Supreme Court, Suffolk County: People V. Shulman

Touro Law Review

No abstract provided.


Cclhp: Case Types As Csv, Newton Key, Mark Voss-Hubbard, Michael Kroll, Chris Waldrep Jan 1998

Cclhp: Case Types As Csv, Newton Key, Mark Voss-Hubbard, Michael Kroll, Chris Waldrep

Coles County Legal History

Single column, controlled vocabulary for case types


Cclhp: Cases As Csv, Newton Key, Mark Voss-Hubbard, Chris Waldrep, Michael Kroll Jan 1998

Cclhp: Cases As Csv, Newton Key, Mark Voss-Hubbard, Chris Waldrep, Michael Kroll

Coles County Legal History

Fields included: case_number Incident Date File Date Settlement Date Location Case Type Dollar Amount Issue Outcome Ancillary Matters Memo Transcribed Additional Information Marked Last Modified


Rule Of Law Amid Lawlessness: Counseling The Accused In Rwanda's Domestic Genocide Trials, Mark A. Drumbl Jan 1998

Rule Of Law Amid Lawlessness: Counseling The Accused In Rwanda's Domestic Genocide Trials, Mark A. Drumbl

Scholarly Articles

This article, by way of personal narrative, sets out my experiences with Legal Aid Rwanda in February and March of 1998. In doing so, it describes, from a defense counsel perspective, an attempt to create due process within a procedural void. Legal Aid Rwanda's mandate focused not on the handful of detainees actually selected to proceed to trial, but rather on the vast numbers languishing in prison. In the end, my experiences lead me to question the merit of a courtroom in addressing mass crimes, of adjudication as a device to promote national reconciliation in a post-genocidal society, and of …


Slashing And Burning Prisoners Rights: Congress And The Supreme Court In Dialogue, Susan Herman Jan 1998

Slashing And Burning Prisoners Rights: Congress And The Supreme Court In Dialogue, Susan Herman

Faculty Scholarship

No abstract provided.


Introduction, Anthony C. Musto Jan 1998

Introduction, Anthony C. Musto

St. Thomas Law Review

No abstract provided.


Is Miranda Dead, Was It Overruled, Or Is It Irrelevant, Alfredo Garcia Jan 1998

Is Miranda Dead, Was It Overruled, Or Is It Irrelevant, Alfredo Garcia

St. Thomas Law Review

This Article will proceed in three stages. Part I will provide the historical, social, and political backdrop to the Miranda opinion. It will discuss the pragmatic basis for the path that the Court chose to follow in Miranda. Part II will underscore the attempts to overrule Miranda and the Court's almost instant departure from its doctrinal foundation. In doing so, the argument is that the Court's retreat can be viewed in large measure as a reaction to the negative response the opinion engendered, both politically and socially. It also can be viewed as the logical outcome of the Court's need …


Publicity In High Profile Criminal Cases, H. Patrick Furman Jan 1998

Publicity In High Profile Criminal Cases, H. Patrick Furman

St. Thomas Law Review

Many may wonder about the wisdom of having a criminal lawyer discuss the ethical problems associated with high profile cases. Over the past few years, the performances of criminal lawyers on the public stage have been decidedly uneven with respect to professionalism and ethical behavior. We witnessed the spectacle of People v. Simpson. There, it seemed that the lawyers spent more time in front of the camera than in front of the bench. Ironically, after the trial, half of the lawyers got their own television shows. The Simpson trial was an event which deserved to be labeled a trial only …


Representation Of Subpoenaed Witnesses, Jack M. Denaro Jan 1998

Representation Of Subpoenaed Witnesses, Jack M. Denaro

St. Thomas Law Review

Recently, the front pages of the New York Times and the Washington Post have made witnesses before the grand jury a special topic for morning coffee. Issues of foul tactics, parental immunity, grand jury voyeurism, and the Fifth Amendment have reigned in the tabloids and on television.Today, in law, the representation of subpoenaed witnesses has become a subject as vast as that of contracts and as complicated as common law property.


"Leaks" In Federal Grand Jury Proceedings, Roma W. Theus Ii Jan 1998

"Leaks" In Federal Grand Jury Proceedings, Roma W. Theus Ii

St. Thomas Law Review

The subject of federal grand jury "leaks" came to the forefront most recently because of the continuous leaks regarding the Special Prosecutor's investigation of President Clinton and Monica Lewinsky. Anyone with a pulse realizes that there has been a flood of grand jury "leaks" about this matter. But, the repeated "leaks" in that matter have highlighted three things, two of which are negative and one that is positive. The positive feature is that there does not appear to be a significant problem with "leaks" of grand jury information in the "garden variety" or "routine case." The negative features are that: …


Mail Fraud: Redefining The Boundaries, Ellen S. Podgor Jan 1998

Mail Fraud: Redefining The Boundaries, Ellen S. Podgor

St. Thomas Law Review

This Article examines some of the recent judicial decisions that limit the conduct subject to prosecution under the mail fraud statute. It focuses on decisions regarding three key aspects of 18 U.S.C. § 1341, namely, the scheme to defraud, intent, and mailings in furtherance. Although these three aspects are discussed separately in this Article, the scheme to defraud and intent are often intertwined. This Article is limited to recent judicial decisions that have restricted the prosecution's use of the mail fraud statute. These recent cases serve to redefine the parameters of the statute. Due to the breadth of the statute, …


Another Three Strikes Law: An In Depth Look At Florida's Prisoner Releasee Reoffender Punishment Act, Desiree M. Cuason Jan 1998

Another Three Strikes Law: An In Depth Look At Florida's Prisoner Releasee Reoffender Punishment Act, Desiree M. Cuason

St. Thomas Law Review

Part I of this Comment will provide a brief historical background of Florida's sentencing guidelines and present an in-depth analysis contrasting various "Three Strikes You're Out" laws throughout the nation and the Florida Act. Part II will discuss certain conflicts which may result from the passage of the Act. Part III will discuss future impact on issues such as increased workload, prison overcrowding, and the shifting of discretionary power from the judiciary to the prosecutor. Finally, Part IV will propose alternatives to further the goals of prevention and incapacitation.


United States V. Scheffer: What Is Left Of The Polygraph In Criminal Trials, Timothy M. Hughes Jan 1998

United States V. Scheffer: What Is Left Of The Polygraph In Criminal Trials, Timothy M. Hughes

St. Thomas Law Review

Will courts uphold aper se rule against polygraph admissibility in all contexts despite the constraints imposed by a criminal defendant's Sixth Amendment right to present a defense? For the first time, the Supreme Court of the United States has addressed whether a per se ban on polygraph evidence violates a defendant's Sixth Amendment right to present a defense. It appears that invoking the Sixth Amendment right to present a defense produces the strongest argument in favor of polygraph admittance. Therefore, since United States v. Scheffer involves a court-martial and arises under the Military Rules of Evidence, the Supreme Court's decision …


Belgium, Germany, England, Denmark And The United States: The Implementation Of Registration And Castration Laws As Protection Against Habitual Sex Offenders Jan 1998

Belgium, Germany, England, Denmark And The United States: The Implementation Of Registration And Castration Laws As Protection Against Habitual Sex Offenders

Penn State International Law Review (1982 - 2011)

No abstract provided.


A Clash Of The Titans: Judicial Deference To Arbitration And The Public Policy Exception In The Context Of Sexual Harassment, Stephen Buehrer Jan 1998

A Clash Of The Titans: Judicial Deference To Arbitration And The Public Policy Exception In The Context Of Sexual Harassment, Stephen Buehrer

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Same-Sex Sexual Harassment After Oncale V. Sundowner Offshore Services, Inc.:Overcoming The History Of Judicial Discrimination In Light Of The "Common Sense" Standard, Jennifer J. Ator Jan 1998

Same-Sex Sexual Harassment After Oncale V. Sundowner Offshore Services, Inc.:Overcoming The History Of Judicial Discrimination In Light Of The "Common Sense" Standard, Jennifer J. Ator

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Requiring A Thumbprint For Notarized Transactions: The Battle Against Document Fraud, 31 J. Marshall L. Rev. 803 (1998), Vincent J. Gnoffo Jan 1998

Requiring A Thumbprint For Notarized Transactions: The Battle Against Document Fraud, 31 J. Marshall L. Rev. 803 (1998), Vincent J. Gnoffo

UIC Law Review

No abstract provided.


Promoting The Intermediate Benefits Of Strict Notary Regulation, 31 J. Marshall L. Rev. 819 (1998), Nancy Perkins Spyke Jan 1998

Promoting The Intermediate Benefits Of Strict Notary Regulation, 31 J. Marshall L. Rev. 819 (1998), Nancy Perkins Spyke

UIC Law Review

No abstract provided.


Extended Jurisdiction Juvenile Prosecution: A New Approach To The Problem Of Juvenile Delinquency In Illinois, 31 J. Marshall L. Rev. 1351 (1998), Mary E. Spring Jan 1998

Extended Jurisdiction Juvenile Prosecution: A New Approach To The Problem Of Juvenile Delinquency In Illinois, 31 J. Marshall L. Rev. 1351 (1998), Mary E. Spring

UIC Law Review

No abstract provided.


A Resource Theory Of The Criminal Law: Exploring When It Matters, Richard O. Lempert Jan 1998

A Resource Theory Of The Criminal Law: Exploring When It Matters, Richard O. Lempert

Book Chapters

This paper might look very different had I been asked a sensible question. Instead, I was told that the focus of the program for which this paper was originally prepared was "Does law matter?" and that my particular assignment was to discuss the question of whether the criminal law mattered. Of course criminal law matters. One hardly need be a committed functionalist to conclude from the dense net of criminal laws that envelop modern societies that criminal law must matter or else we would not have so much of it or, conversely, because we have so much of it, it …


The Prosecution Of Josef Altstoetter Et Al.: Law, Lawyers And Justice In The Third Reich Jan 1998

The Prosecution Of Josef Altstoetter Et Al.: Law, Lawyers And Justice In The Third Reich

Penn State International Law Review (1982 - 2011)

No abstract provided.


News From The International War Crimes Tribunals, Ewen Allison Jan 1998

News From The International War Crimes Tribunals, Ewen Allison

Human Rights Brief

No abstract provided.


The Rome Treaty For An International Criminal Court: A Framework Of International Justice For Future Generations, Jerry Fowler Jan 1998

The Rome Treaty For An International Criminal Court: A Framework Of International Justice For Future Generations, Jerry Fowler

Human Rights Brief

No abstract provided.


Extradition Law At The Crossroads: The Trend Toward Extending Greater Constitutional Procedural Protections To Fugitives Fighting Extradition From The United States, Lis Wiehl Jan 1998

Extradition Law At The Crossroads: The Trend Toward Extending Greater Constitutional Procedural Protections To Fugitives Fighting Extradition From The United States, Lis Wiehl

Michigan Journal of International Law

Part I of this article will describe the historical evolution of U.S. extradition law as a field parallel to, but separate from, domestic criminal procedure. Part II of this article describes the Parretti case and the Ninth Circuit's holding that the federal extradition statutory scheme of Title 18, United States Code, Section 3184, violates the Fourth Amendment to the extent that it authorizes the issuance of a provisional arrest warrant by a court without a prior evidentiary showing of probable cause to believe that the fugitive committed the crime charged abroad. Part III explores some of the implications and effects …


News From The International War Crimes Tribunals, Ewen Allison Jan 1998

News From The International War Crimes Tribunals, Ewen Allison

Human Rights Brief

No abstract provided.


War Crimes Tribunal Update, Jennifer Hentz Jan 1998

War Crimes Tribunal Update, Jennifer Hentz

Human Rights Brief

No abstract provided.


The Rights Of Defendants In The Icty, Tom Lynch Jan 1998

The Rights Of Defendants In The Icty, Tom Lynch

Human Rights Brief

No abstract provided.


United States V. Eidson: Navigating The Way Toward Stiffer Penalties For Environmental Crimes, Kerri Ann Riley Jan 1998

United States V. Eidson: Navigating The Way Toward Stiffer Penalties For Environmental Crimes, Kerri Ann Riley

Villanova Environmental Law Journal (1991 - )

No abstract provided.


A Rational Discussion Of Current Drug Laws, Nicholas Deb. Katzenbach Jan 1998

A Rational Discussion Of Current Drug Laws, Nicholas Deb. Katzenbach

Fordham Urban Law Journal

This article that declaring a "war" on drugs was bad policy. It argues that the bad effects of the laws against drugs outweigh its benefits and argues for a new approach to legislation on drug use.