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Articles 271 - 289 of 289

Full-Text Articles in Criminal Law

From The Battlefront To The Homefront: Infrared Surveillance And The War On Drugs Place Privacy Under Siege, Lynne M. Pochurek Jan 1994

From The Battlefront To The Homefront: Infrared Surveillance And The War On Drugs Place Privacy Under Siege, Lynne M. Pochurek

St. Thomas Law Review

While George Orwell contemplated the realities of modem technology racing ahead with ever increasing speed and thwarting our individual privacy, it is clear that the Framers of the Constitution did not. This technological advancement, coupled with America's overriding concern with fighting the "war on drugs," has immensely compromised the Fourth Amendment to the United States Constitution. Once commanding great respect, this Amendment was "sanctified by a Supreme Court that felt compelled to protect all of us, the innocent and guilty alike, from arbitrary and unlawful government intrusions." Unfortunately, the modem courts have not been faithful in adhering to the Framers' …

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Separating The Victim From The Abuser: Chapter 94-135 And The Florida Legislature's Most Recent Attempts To Control Domestic Violence, Diane F. Medley Jan 1994

Separating The Victim From The Abuser: Chapter 94-135 And The Florida Legislature's Most Recent Attempts To Control Domestic Violence, Diane F. Medley

St. Thomas Law Review

This comment will look at Chapter 94-135 of the laws of Florida and the statutes it altered as compared to the recommendations from The First Report of the Governor's Task Force on Domestic Violence5 as well as methods effectively being used by other states. It will show that Florida's new Act is a curious mixture of strength and weakness within the statutes, taking some new actions, yet not moving forward and sometimes even regressing in areas where decisive steps could have been taken, notably in such aspects as police intervention and reporting, pro-prosecution policies, and injunctions.

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The "Wrap" On Probable Cause: The Fourth Amendment Contained, Paul L. Kaminsky Jan 1994

The "Wrap" On Probable Cause: The Fourth Amendment Contained, Paul L. Kaminsky

St. Thomas Law Review

Part I of this Note begins by exploring the meaning of probable cause, briefly tracing its development. Part I continues with an examination of how the Supreme Court's interpretation of the Fourth Amendment and the probable cause requirement relates to searches and seizures of containers, specifically, containers that may fall within the Sanders' footnote "exception." The relationship between the Sanders doctrine and that of the "plain view" doctrine will also be examined. In Part II, this Note presents the case of United States v. Prandy-Binett as an example of the above-mentioned doctrinal exceptions to the requirements of the Fourth Amendment …

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Family Violence-Investigating Child Abuse And Learning From British Mistakes, Alastair Bissett-Johnson Apr 1993

Family Violence-Investigating Child Abuse And Learning From British Mistakes, Alastair Bissett-Johnson

Dalhousie Law Journal

It seems appropriate at the onset to set out something of what the disciplines of law, medicine and social work know about family violence and when, during recent years, this knowledge came to the attention of professionals, the public and legislature. We can then, perhaps, judge whether our existing laws, rules of evidence and procedure take this information adequately into account in dealing with cases of violence within the family. Whilst solving these problems takes time, and law often lags behind the behavioural sciences, the question arises whether the lag is too long and whether differences between experts in the …

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A Note To Our Readers, The Editors Jan 1993

A Note To Our Readers, The Editors

Touro Law Review

No abstract provided.

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The Jury Trial In The Criminal Context: The Link Between The Defendant And The Community, Alfredo Garcia Jan 1992

The Jury Trial In The Criminal Context: The Link Between The Defendant And The Community, Alfredo Garcia

St. Thomas Law Review

No abstract provided.

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A Constitutional Right Of Religious Exemption: An Historical Perspective, Philip A. Hamburger Jan 1992

A Constitutional Right Of Religious Exemption: An Historical Perspective, Philip A. Hamburger

Faculty Scholarship

Did late eighteenth-century Americans understand the Free Exercise Clause of the United States Constitution to provide individuals a right of exemption from civil laws to which they had religious objections? Claims of exemption based on the Free Exercise Clause have prompted some of the Supreme Court's most prominent free exercise decisions, and therefore this historical inquiry about a right of exemption may have implications for our constitutional jurisprudence. Even if the Court does not adopt late eighteenth-century ideas about the free exercise of religion, we may, nonetheless, find that the history of such ideas can contribute to our contemporary analysis. …

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State Support Of International Terrorism: Legal, Political And Economic Dimensions, Christopher L. Blakesley Jan 1992

State Support Of International Terrorism: Legal, Political And Economic Dimensions, Christopher L. Blakesley

Scholarly Works

In this piece, Professor Blakesley reviews “State Support of International Terrorism: Legal, Political, and Economic Dimensions” by John F. Murphy.

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The Prosecutor's Wild Card: Certifying Juveniles For Trial As Adults Under The Indictment Provision Of The Florida Juvenile Justice Act, Barbara Jean Burns Jan 1990

The Prosecutor's Wild Card: Certifying Juveniles For Trial As Adults Under The Indictment Provision Of The Florida Juvenile Justice Act, Barbara Jean Burns

St. Thomas Law Review

To brand a child a criminal for life is harsh enough retribution for almost any offense. But it becomes an all but inconceivable response when we realize that to so brand him may in fact make him a criminal for life.... [C]asting a youthful offender to the wolves who prowl adult jails may well dash any hope that he will mature to be a civilized man. During the last thirty years, the juvenile justice system has been the focus of controversy ranging from concern over the lack of "due process" safeguards inherent in its informal procedures, to public outrage over …

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Seasoned To The Use, Carol Sanger Jan 1989

Seasoned To The Use, Carol Sanger

Faculty Scholarship

Two recent novels, Presumed Innocent and The Good Mother, have more in common than critical success, longevity on best-seller lists and big-name movie adaptations. Both books are about law: Presumed Innocent is a tale of murder in the big city; The Good Mother is the story of a custody fight over a little girl. Central characters in both books are lawyers. Turow is a lawyer, and Miller thanks lawyers. While the books could be classified in other ways – Presumed Innocent as mystery, The Good Mother as women's fiction – each meets a suggested genre specification of a legal novel: …

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Should Prisons Be Privately Run?: No Quick Fixes, Ira Robbins Apr 1987

Should Prisons Be Privately Run?: No Quick Fixes, Ira Robbins

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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The Hearsay Exception For Public Records In Federal Criminal Trials, Vincent C. Alexander Jan 1983

The Hearsay Exception For Public Records In Federal Criminal Trials, Vincent C. Alexander

Faculty Publications

The hearsay exception for "public records" was recognized at common law and has been further developed in most jurisdictions by statute. The reliability of public records is said to derive from the presumption of regularity and accuracy that attends the recording of events by public officials. As with the hearsay exception for recordsmade in the regular course of a private business, the reliability of many public records is enhanced by the routine and repetitive circumstancesunder which such records are made. An additional justificationfor the admission of public records is public convenience: If government employees are continually required to testify in …

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5. Social Inquiry: Instructional Manual To Accompany 'Mark', Matthew Lipman, Ann Margaret Sharp Jan 1980

5. Social Inquiry: Instructional Manual To Accompany 'Mark', Matthew Lipman, Ann Margaret Sharp

Secondary School Curriculum

The task of social studies as a discipline is to focus students’ already developed thinking skills upon the conceptual foundation of the social sciences. Students will think about these underlying concepts if they can talk about them, and they will talk about what they perceive as controversial or problematic. This, then, is what Mark and Social Inquiry aim to do: to identify selected root issues in the social sciences and expose to students the conflicting concepts at the heart of each issue.

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4. Mark (Novel), Matthew Lipman Jan 1980

4. Mark (Novel), Matthew Lipman

Secondary School Curriculum

The high school has been vandalized, and Mark is arrested at the scene of the crime. He claims he is a “victim of society.” But what is society? What forces hold it together or work to pull it apart? These are questions to which Mark and his classmates address themselves. What they seek are ways of evaluating social institutions, rules and values, so as to determine how well society is able to live up to the ideals which, at one time or another, have been set for it. They pay particular attention to the nature of law and crime, tradition, …

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A Look At Florida's Proposed Code Of Evidence, Charles W. Ehrhardt Oct 1974

A Look At Florida's Proposed Code Of Evidence, Charles W. Ehrhardt

Scholarly Publications

The law of evidence had been codified in three states, California, New Jersey and Kansas, prior to the United States Supreme Court's promulgation of the Proposed Federal Rules of Evidence. The submission of the rules to the Congress, and their approval, as amended, by the House of Representatives served as the catalyst for renewed interest in evidence codification. Three states have recently adopted comprehensive Rules of Evidence that closely parallel the Proposed Federal Rules, and at least four other states, including Florida, have drafted or are actively considering the adoption of such a codification. During the 1974 session of the …

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Sentencing: The Use Of Psychiatric Information And Presentence Reports, Rutheford B. Campbell Jr. Jan 1972

Sentencing: The Use Of Psychiatric Information And Presentence Reports, Rutheford B. Campbell Jr.

Law Faculty Scholarly Articles

It has become apparent that the two disciplines of law and psychiatry have a common "interface" in the field of criminal justice. Commentators generally agree that the administration of criminal justice is greatly aided by psychiatrists and psychiatric data. That is not to say, however, that the meeting of the disciplines has been without incident or misunderstanding. Problems have arisen because of divergent attitudes and goals of the professions. Some commentators say that the concerns of the two disciplines are not the same; others claim that much of the problem lies in the over-estimation of the certainty and reliability of …

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Criminal Law - Evidence-Presumption Of Intent Arising From Possession Of Burglarious Tools. Nance V. Commonwealth, 203 V A. 428 (1962), Alfred Swersky Apr 1965

Criminal Law - Evidence-Presumption Of Intent Arising From Possession Of Burglarious Tools. Nance V. Commonwealth, 203 V A. 428 (1962), Alfred Swersky

William & Mary Law Review

No abstract provided.

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Criminal Law - Limitations On Use Of Habeas Corpus In Regard To Allowance Of Credit For Time Served Under Prior Convictions, Paul T. Wright Jr. Apr 1958

Criminal Law - Limitations On Use Of Habeas Corpus In Regard To Allowance Of Credit For Time Served Under Prior Convictions, Paul T. Wright Jr.

William & Mary Law Review

No abstract provided.

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Police And Law In A Democratic Society, Jerome Hall Jan 1953

Police And Law In A Democratic Society, Jerome Hall

Indiana Law Journal

This paper consists of three public lectures delivered at the University of Chicago Law School on July 15, 22, and 23, 1952, as part of a conference on Police and Racial Tensions.

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