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Articles 241 - 270 of 289

Full-Text Articles in Criminal Law

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 …

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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 …

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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.

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"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: …

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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, …

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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.

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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 …

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Independent, Professional Judgment: The Essence Of Freedom, Bennett H. Brummer Jan 1998

Independent, Professional Judgment: The Essence Of Freedom, Bennett H. Brummer

St. Thomas Law Review

This Article will address the concept of professionalism from a criminal defense attorney's perspective and, more specifically, from the perspective of a public defender. The public defender mission is based on our ideals of freedom and equal justice under law. I have spent twenty-five years as a participant in, and observer of, our judicial system. Whether in government or professional circles, public defenders are often outsiders. We are often treated as the illegitimate children at the family reunion. It is from that perspective that I hope to be of some service to you.

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Commentary - Co-Opting Compassion: The Federal Victim's Rights Amendment, Lynne Henderson Jan 1998

Commentary - Co-Opting Compassion: The Federal Victim's Rights Amendment, Lynne Henderson

St. Thomas Law Review

This Commentary will explore some of the jurisprudential and practical issues by examining the nature of victims' rights and victimization. After a brief introduction to the history of victim's rights amendments in the United States, this Commentary will explore the images in the rhetoric that lead to unreflective support for victims' rights, then turn to images of justice and arguments for a particular kind of victims' rights, together with a critique of that vision. Finally, this Commentary suggests some alternative approaches and programs that promise to be more helpful to victims of crime than any constitutional amendment would be.

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Front Matter Jan 1998

Front Matter

St. Thomas Law Review

Front Matter includes Table of Contents for St. Thomas Law Review Volume 10, Issue 3, Spring 1998.

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Deciding The Stop And Frisk Cases: A Look Inside The Supreme Court's Conference, John Q. Barrett Jan 1998

Deciding The Stop And Frisk Cases: A Look Inside The Supreme Court's Conference, John Q. Barrett

Faculty Publications

In our system of constitutional decision-making, the Supreme Court makes law as an institution in its formal written opinions. The Court and its individual members make their official legal marks in the printed pages of the United States Reports. In June 1968, in Terry v. Ohio and Sibron v. New York, the two decisions that approved the constitutionality under the Fourth Amendment of police stop and frisk practices, the Court filled many official pages with rich discussion. Over the ensuing thirty years, these Court and individual opinions have shaped the course of constitutional analysis in our courts and guided the …

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The Street Locations: Downtown Cleveland, October 31, 1963, John Q. Barrett Jan 1998

The Street Locations: Downtown Cleveland, October 31, 1963, John Q. Barrett

Faculty Publications

This appendix to Deciding the Stop and Frisk Cases: A Look Inside the Supreme Court’s Conference, 72 St. John’s L. Rev. 749 (1998), consists of a map drawn by Jill Dinneen (SJU Law '99), based on Sanborn maps from the 1950s and 1960s, photographs and eyewitness descriptions of downtown Cleveland then and now; and a key to marked locations on the map.

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State Of Ohio V. Richard D. Chilton And State Of Ohio V. John W. Terry: The Suppression Hearing And Trial Transcripts, John Q. Barrett Jan 1998

State Of Ohio V. Richard D. Chilton And State Of Ohio V. John W. Terry: The Suppression Hearing And Trial Transcripts, John Q. Barrett

Faculty Publications

This appendix to Deciding the Stop and Frisk Cases: A Look Inside the Supreme Court’s Conference, 72 St. John’s L. Rev. 749 (1998), includes Biographical Information on the Participants in the Case; and transcripts of the complete pretrial and trial proceedings in the 1964 criminal prosecutions of Richard Chilton and John Terry, arranged by Prof. Barrett to create the organization reflected in the Table of Contents at the beginning of the appendix. Footnotes were added to provide citations and, in a few instances, to clarify the text. Bracketed material was added to correct obvious slips of the tongue or the …

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Front Matter Jan 1997

Front Matter

St. Thomas Law Review

Front Matter includes Masthead and Table of Contents for St. Thomas Law Review Volume 9, Issue 3, Spring 1997.

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Limitations Of The Adversary Approach In Our Criminal Justice System, Harry Lee Anstead Jan 1997

Limitations Of The Adversary Approach In Our Criminal Justice System, Harry Lee Anstead

St. Thomas Law Review

If there is one thing that I would like for you to remember from my remarks today, it is the limitations of the adversary system. I would like you to keep that phrase in mind, and if you carry anything away at all to think about, let it be the limitations of the adversary system that we have in the United States.

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Indigent Contemnors Beware: In Florida, You May Be Incarcerated Without Being Appointed Counsel, Neal G. Bourda Jan 1997

Indigent Contemnors Beware: In Florida, You May Be Incarcerated Without Being Appointed Counsel, Neal G. Bourda

St. Thomas Law Review

The proposition espoused in this comment is applicable to any civil contempt action where the contemnor is indigent. However, this comment principally focuses on Florida's laws regarding an indigent parent's right to court-appointed counsel for failure to pay child support. While Florida has a court procedure allowing the indigent parent to explain why he is in contempt, the proceeding does not include the right to counsel if he is indigent, although the possibility of incarceration is ever present. In this context, Florida should adopt a policy that abolishes the civil/criminal contempt distinction. Furthermore, Florida should adopt a bold policy of …

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Protecting The Privilege In The Corporate Setting: Conducting And Defending Internal Corporate Investigations, Benedict P. Kuehne Jan 1997

Protecting The Privilege In The Corporate Setting: Conducting And Defending Internal Corporate Investigations, Benedict P. Kuehne

St. Thomas Law Review

This article presents a general overview of corporate criminal liability, identifies the factors which must be examined in determining whether to conduct an internal investigation, and sets out the tools to be used by counsel in making the corporate internal investigation as privileged, meaningful, and successful as possible. It is the goal of this article to provide practitioners with the necessary tools to protect the confidentiality of a corporation's internal investigations.

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Introduction, Anthony C. Musto Jan 1997

Introduction, Anthony C. Musto

St. Thomas Law Review

No abstract provided.

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Television Coverage Of State Criminal Trials, Gerald Kogan, Rikki Klieman Jan 1997

Television Coverage Of State Criminal Trials, Gerald Kogan, Rikki Klieman

St. Thomas Law Review

This article examines the controversy regarding the use of television cameras in state criminal trials, as discussed at The Florida Bar annual meeting held in Lake Buena Vista, Florida, on June 21, 1996. Chief Justice Gerald Kogan of the Supreme Court of Florida moderated a panel discussion on this topic. The panel consisted of Judge Stanley Weisberg of the Los Angeles Superior Court and Rikki Klieman of Court TV.

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Is The Witness Believable? A New Look At Truth And Veracity Character Evidence And Bad Acts Relevant To Truthfulness In A Criminal Case, Fred W. Bennett Jan 1997

Is The Witness Believable? A New Look At Truth And Veracity Character Evidence And Bad Acts Relevant To Truthfulness In A Criminal Case, Fred W. Bennett

St. Thomas Law Review

This article explores the evidentiary use at trial of a witness' character for truthfulness or untruthfulness.' Additionally, the article discusses Federal Rules of Evidence (Rule or Rules) 404(a)(1), 405(a), 608(a), and 608(b). Part II of this article covers the common law antecedents of the rules governing the use of truth and veracity character evidence. Part III explores the rationale and scope of Rule 404(a)(1), with illustrations of the use of opinion and reputation evidence under this rule. This section also includes a discussion of Rule 405(a), with an illustration of cross-examination under this rule. Part IV covers Rule 608(a) along …

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Truth In Jury Instructions: Reforming The Law Of Lesser Included Offenses, John F. Yetter Jan 1997

Truth In Jury Instructions: Reforming The Law Of Lesser Included Offenses, John F. Yetter

St. Thomas Law Review

No abstract provided.

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Lifetime Achievement Award Presented To Attorney General Janet Reno Jan 1997

Lifetime Achievement Award Presented To Attorney General Janet Reno

St. Thomas Law Review

No abstract provided.

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The Police, Pretextual Investigatory Activity, And The Fourth Amendment: What Hath Whren Wrought, Mark M. Dobson Jan 1997

The Police, Pretextual Investigatory Activity, And The Fourth Amendment: What Hath Whren Wrought, Mark M. Dobson

St. Thomas Law Review

Part II of this article briefly discusses the debate over what was considered pretextual activity in the time before Whren. Part III then analyzes both the facts and resolution of the pretext issue presented in Whren itself. Part IV explores what Wiren means for the future, both in terms of how this decision, when coupled with existing Fourth Amendment precedent enlarges what the police can do; and how two other Fourth Amendment cases which have recently been handed down, may even further expand what the police can do.

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Disparate Effects In The Criminal Justice System: A Response To Randall Kennedy's Comment And Its Legacy, Janai S. Nelson Jan 1997

Disparate Effects In The Criminal Justice System: A Response To Randall Kennedy's Comment And Its Legacy, Janai S. Nelson

Faculty Publications

For many African Americans, the criminal justice system symbolizes an oppressive force, and yet, is a necessary institution in an increasingly lawless society. African Americans are at the same time its victims and beneficiaries, although various sentiments exist regarding the extent to which they are either. It is precisely this paradox, coupled with the promulgation of certain criminal legislation and legal precedent which directly and, potentially, adversely affect the African-American community that inspired the author to address the issues and arguments raised in Randall Kennedy's The State, Criminal Law, and Racial Discrimination: A Comment, 107 Harv. L. Rev. 1255 (1994), …

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The Impact Of United States V. Lopez Upon Selected Firearms Provisions Of Title 18 U.S.C. 922, Carlo D'Angelo Jan 1996

The Impact Of United States V. Lopez Upon Selected Firearms Provisions Of Title 18 U.S.C. 922, Carlo D'Angelo

St. Thomas Law Review

This Note will examine the Court's holding in Lopez and discuss how it may impact jurisdiction over other selected federal firearm statutes. Part I traces the development of the Interstate Commerce Clause through a brief analysis of its history. Part II discusses the Supreme Court's majority holding in Lopez, while Part III analyzes the holding's possible impact upon other selected federal firearm statutes.

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Judicial Response To Changing Societal Values On The Death Penalty: Must The Method Chosen Be The Most Humane, Brian P. Hill Jan 1995

Judicial Response To Changing Societal Values On The Death Penalty: Must The Method Chosen Be The Most Humane, Brian P. Hill

St. Thomas Law Review

No abstract provided.

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Policing Federal Prosecutors: Do Too Many Regulators Produce Too Little Enforcement, Bruce A. Green Jan 1995

Policing Federal Prosecutors: Do Too Many Regulators Produce Too Little Enforcement, Bruce A. Green

St. Thomas Law Review

This Article focuses on how standards of prosecutorial conduct are enforced. As will be discussed, the process for sanctioning wrongful conduct of federal prosecutors is structurally inadequate. Federal prosecutors are subject to discipline by as many as four different authorities. Yet, each of the available disciplinary mechanisms is itself deficient. Furthermore, the diffusion of responsibility among different mechanisms compounds the problem.

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"Solutions In Sciences Outside Of The Law!?" Rodriguez V. British Columbia (A.G.), Anne Jackman Apr 1994

"Solutions In Sciences Outside Of The Law!?" Rodriguez V. British Columbia (A.G.), Anne Jackman

Dalhousie Law Journal

While we are forced, somewhat begrudgingly, to face the fact that there are limitations to what medicine can achieve, we still seem to have an undisturbed faith in what law can achieve. The limitations to what litigation under the Canadian Charter of Rights and Freedoms' can achieve was highlighted most recently in the case of Rodriguez v. British Columbia (A.G.)2 where the Supreme Court of Canada, by a five to four margin, upheld the constitutionality of the assisted suicide provisions of the Criminal Code.3 The Court recognized that Ms. Rodriguez's rights were violated but concluded that the infringement did not …

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Despite Anti-Stalking Laws, Stalkers Continue To Stalk: Are These Laws Constitutional And Effective, Lisa I. Steinman Jan 1994

Despite Anti-Stalking Laws, Stalkers Continue To Stalk: Are These Laws Constitutional And Effective, Lisa I. Steinman

St. Thomas Law Review

This Note evaluates the national stalking laws, examines Florida's current anti-stalking law, and develops appropriate direction for the state anti-stalking statutes in the future. Part II describes four case histories. Part III discusses the federal legislation to stop stalking. Part IV discusses the Florida anti-stalking law, its constitutionality, and compares it to the stalking laws of the other states. Part V discusses the effectiveness of the Florida stalking law. Part VI discusses present and future alternatives to these anti-stalking statutes. Part VII contains a proposal of a model statute providing lawmakers with an example of a constitutional and effective law …

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Under The Influence: Responses Of The New Jersey Supreme Court To Drunk Driving Cases--A Study Of Management Influence On Judicial Decisions, Martin L. Haines Jan 1994

Under The Influence: Responses Of The New Jersey Supreme Court To Drunk Driving Cases--A Study Of Management Influence On Judicial Decisions, Martin L. Haines

St. Thomas Law Review

This Article is not written in defense of drunk drivers - they have no defense. It is written in defense of due process, which the courts, by constitutional mandate, must provide to al defendants including drunk drivers. It is a mandate the New Jersey Supreme Court has ignored, thereby encouraging the appearance of an over-eagerness to convict. Too often, the court has curtailed the liberties of DWI defendants, speeding convictions, and therefore dispositions, to further the demands of efficiency.

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