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Articles 2971 - 3000 of 3359
Full-Text Articles in Criminal Procedure
Press-Enterprise Co. V. Superior Court Of California For The County Of Riverside, Lewis F. Powell Jr.
Press-Enterprise Co. V. Superior Court Of California For The County Of Riverside, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Bowers V. Hardwick, Lewis F. Powell Jr.
Bowers V. Hardwick, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Thornburgh V. American College Of Obstetricians And Gynecologists, Lewis F. Powell Jr.
Thornburgh V. American College Of Obstetricians And Gynecologists, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Batson V. Kentucky, Lewis F. Powell Jr.
Batson V. Kentucky, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Remedies To The Dilemma Of Death-Qualified Juries, Robert M. Berry
Remedies To The Dilemma Of Death-Qualified Juries, Robert M. Berry
University of Arkansas at Little Rock Law Review
No abstract provided.
The Admissibility Of Prior Silence To Impeach The Testimony Of Criminal Defendants, Rex A. Sharp
The Admissibility Of Prior Silence To Impeach The Testimony Of Criminal Defendants, Rex A. Sharp
University of Michigan Journal of Law Reform
This Note focuses on whether a defendant who was called as a witness at the prior, severed trial of a codefendant and refused to testify by invoking the fifth amendment can subsequently be impeached by this silence at his own trial. In addition to the obvious implications this issue has for severed criminal trials, the factors considered when deciding whether impeachment by silence should be allowed generally are in sharpest focus in this factual setting. Thus, the analysis of the constitutional and evidentiary questions this Note enlists to argue that impeachment by silence in this context is permissible applies as …
Casenotes: New Trials — Criminal Procedure — Constitutional Law — New Trial Not Warranted Unless Newly Discovered Evidence Satisfies Threshold Requirement Of Materiality To The Outcome Of The Case. Stevenson V. State, 299 Md. 297, 473 A.2d 450 (1984), Nicole Porter
University of Baltimore Law Review
No abstract provided.
Seizing Opportunity, Searching For Theory: Article I, Section 7, George R. Nock
Seizing Opportunity, Searching For Theory: Article I, Section 7, George R. Nock
Seattle University Law Review
Washington case law dealing with searches and seizures has now reached a developmental stage from which it can proceed either haphazardly or along any of several well-defined lines. The purpose of this Article is not to provide a compendium of Washington search-and-seizure cases. Rather, the Article analyzes the more recent (and some of the earlier) cases in which the Washington Supreme Court has interpreted article I, section 7, and suggests several alternative theoretical bases for the further development of Washington constitutional search-and-seizure jurisprudence.
Does A Criminal Defendant Have A Constitutional Right To Compel The Production Of Privileged Testimony Through Use Immunity, Louis M. Natali Jr.
Does A Criminal Defendant Have A Constitutional Right To Compel The Production Of Privileged Testimony Through Use Immunity, Louis M. Natali Jr.
Villanova Law Review (1956 - )
No abstract provided.
New York V. Quarles: The Dissolution Of Miranda, Mary M. Keating
New York V. Quarles: The Dissolution Of Miranda, Mary M. Keating
Villanova Law Review (1956 - )
No abstract provided.
Executive Targeting Of Congressmen As A Violation Of The Arrest Clause, Anita Bernstein
Executive Targeting Of Congressmen As A Violation Of The Arrest Clause, Anita Bernstein
Faculty Scholarship
No abstract provided.
The Capital Defendant's Right To Make A Personal Plea For Mercy: Common Law Allocution And Constitutional Mitigation, J. Thomas Sullivan
The Capital Defendant's Right To Make A Personal Plea For Mercy: Common Law Allocution And Constitutional Mitigation, J. Thomas Sullivan
Law Faculty Scholarship
No abstract provided.
The Privilege Against Self-Incrimination In A Rescue Situation, William T. Pizzi
The Privilege Against Self-Incrimination In A Rescue Situation, William T. Pizzi
Publications
No abstract provided.
Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc
Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc
Articles, Book Chapters, & Popular Press
Passion is a cogently structured, compel Jingly argued and seductively enthralling masterpiece which, in years to come, will undoubtedly stand out as an inspirational source for many who seek social transformation. Unger's style, in this essay at least, is lucid and inviting. Substantively, Passion demonstrates not only the depth of his penetrating intellect but also his command of an array of' disciplines. Unger's polymathy is all the more impressive when we remember that ours is an era in which idiosyncratic specialization is the norm.
Evitts V. Lucey, Lewis F. Powell, Jr.
Atascadero State Hospital V. Scanlon, Lewis F. Powell Jr.
Atascadero State Hospital V. Scanlon, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Informers Revisited: Government Surveillance Of Domestic Political Organizations And The Fourth And First Amendments, Dolores A. Donovan
Informers Revisited: Government Surveillance Of Domestic Political Organizations And The Fourth And First Amendments, Dolores A. Donovan
Buffalo Law Review
No abstract provided.
Illinois V. Gates: Probable Cause Redefined, 17 J. Marshall L. Rev. 335 (1984), James W. Reilley, Barry E. Witlin, Christine P. Curran
Illinois V. Gates: Probable Cause Redefined, 17 J. Marshall L. Rev. 335 (1984), James W. Reilley, Barry E. Witlin, Christine P. Curran
UIC Law Review
No abstract provided.
New Hearsay Exceptions For A Child's Statement Of Sexual Abuse, 18 J. Marshall L. Rev. 1 (1984), Glen Skoler
New Hearsay Exceptions For A Child's Statement Of Sexual Abuse, 18 J. Marshall L. Rev. 1 (1984), Glen Skoler
UIC Law Review
No abstract provided.
Criminal Procedure - Fourth Amendment - In Determining Whether An Affidavit Based Upon An Informant's Tip Constitutes Probable Cause To Issue A Search Warrant, A Magistrate Is To Apply A Totality Of Circumstances Approach, Jamieson M. Schiff
Villanova Law Review (1956 - )
No abstract provided.
Electronic Surveillance, Computers, And The Fourth Amendment - The New Telecommunications Environment Calls For Reexamination Of Doctrine, Arthur R. Landever
Electronic Surveillance, Computers, And The Fourth Amendment - The New Telecommunications Environment Calls For Reexamination Of Doctrine, Arthur R. Landever
Law Faculty Articles and Essays
We are in the midst of a revolution in information collection and telecommunications. Computer networking, the unification of the various telecommunications systems, the establishment of central data banks, and government tracking and profiling of vast numbers of Americans present momentous challenges for our constitutional system. Increasingly, in our evolving culture, an individual enters the public setting in order to conduct his personal life. Fourth Amendment doctrine respecting electronic surveillance, as well as Supreme Court notions of "free choice" and "assumption of risk" must come to grips with this new reality. In the main, the author urges judicial intervention, as the …
On Complaining About The Burger Court, Robert F. Nagel
On Complaining About The Burger Court, Robert F. Nagel
Publications
No abstract provided.
Race And The Decision To Detain A Suspect, Sheri Johnson
Race And The Decision To Detain A Suspect, Sheri Johnson
Cornell Law Faculty Publications
No abstract provided.
The Burden Of Proof In Double Jeopardy Claims, Michigan Law Review
The Burden Of Proof In Double Jeopardy Claims, Michigan Law Review
Michigan Law Review
This Note argues that once the defendant raises a nonfrivolous double jeopardy claim that turns on a question of fact, the government should have the burden of proving that the two crimes charged are actually different. Part I traces the development of the law and the major factors behind recent federal court scrutiny of the traditional rule. Part II argues that constitutional considerations require courts to shift the burden of proof to the government, not only when practical considerations suggest the shift, but in all cases turning on questions of fact. Finally, Part III reconciles this allocation with the well-established …
Segura V. United States, Lewis F. Powell Jr.
Segura V. United States, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Constitutional Limitations On Postarrest, Prehearing Detention
Constitutional Limitations On Postarrest, Prehearing Detention
Washington and Lee Law Review
No abstract provided.
Pretrial Bail: A Deprivation Of Liberty Or Property With Due Process Of Law
Pretrial Bail: A Deprivation Of Liberty Or Property With Due Process Of Law
Washington and Lee Law Review
No abstract provided.
Double Jeopardy: A Systematic Method For Evaluating Evidentiary Sufficiency And Weight Of The Evidence
Washington and Lee Law Review
No abstract provided.
Fourth Amendment Search And Seizure Requirements As Applied To Sniffing Investigations By Police Dogs: People V. Mayberry, Steven M. Bradford
Fourth Amendment Search And Seizure Requirements As Applied To Sniffing Investigations By Police Dogs: People V. Mayberry, Steven M. Bradford
BYU Law Review
No abstract provided.
In Defense Of The Fourth Amendment Exclusionary Rule—A Reply To Attorney General Smith, John Wesley Hall Jr.
In Defense Of The Fourth Amendment Exclusionary Rule—A Reply To Attorney General Smith, John Wesley Hall Jr.
University of Arkansas at Little Rock Law Review
No abstract provided.