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Articles 3031 - 3060 of 3359
Full-Text Articles in Criminal Procedure
Assaults On The Exclusionary Rule: Good Faith Limitations And Damage Remedies, Pierre J. Schlag
Assaults On The Exclusionary Rule: Good Faith Limitations And Damage Remedies, Pierre J. Schlag
Publications
No abstract provided.
The Fifth Amendment, Self-Incrimination, And Foreign Prosecution: The Saga Of The Ryuyo Maru, Jeff M. Feldman
The Fifth Amendment, Self-Incrimination, And Foreign Prosecution: The Saga Of The Ryuyo Maru, Jeff M. Feldman
Articles
In 1979, the M/V Ryuyo Maru No. 2, a Japanese fishing vessel, went aground off the coast of Alaska. During the course ofthe United States Coast Guard's investigation into the cause of themarine casualty, the captain of the vessel and several seamen attempted to avoid giving testimony at the Coast Guard inquest onthe ground that their testimony would tend to incriminate the munder the law of Japan. The ensuing litigation' over the extent towhich the fifth amendment protects witnesses from compulsory self-incrimination where the sole threat of criminal prosecution is by a foreign government contributes to a recent line of …
Testimonial Immunity And The Privilege Against Self-Incrimination: A Study In Isomorphism, Peter Lushing
Testimonial Immunity And The Privilege Against Self-Incrimination: A Study In Isomorphism, Peter Lushing
Articles
This Article accepts and will develop the Court's isomorphic theory of immunity and privilege, and will show why Portash is nonetheless correct in result. A case for a broadened view of the privilege, partially because of the availability of testimonial immunity, will be made. Apftlbaum will be shown to be incorrect in result. This Article will also analyze the problem of immunized testimony and perjury by inconsistent statement, a problem faced once by the Court but left unresolved. Finally, this Article will discuss the constitutional requirements of an immunity statute, and consider an immunity case presently pending before the Supreme …
The Iranian Litigation: Implications For American Business Interests, Charles G. Labella
The Iranian Litigation: Implications For American Business Interests, Charles G. Labella
Cardozo Law Review
No abstract provided.
Griffin V. California: Still Viable After All These Years, Craig M. Bradley
Griffin V. California: Still Viable After All These Years, Craig M. Bradley
Michigan Law Review
In a recent article in the Michigan Law Review, Donald Ayer levels a series of attacks on the Griffin decision. Specifically, he maintains that the decision is at once too broad, because it requires "almost automatic reversal where there are any remarks explicitly focused on the defendant's silence and the inference of guilt to be drawn from it" regardless of the strength of the prosecution's case, and too narrow, because it fails to prevent the natural prejudice against the nontestifying defendant that may arise in the minds of the jurors without any encouragement from prosecutor or judge. Ayer also …
Reflections On Alfred Hill's "Testimonial Privilege And Fair Trial", Peter Westen
Reflections On Alfred Hill's "Testimonial Privilege And Fair Trial", Peter Westen
University of Michigan Journal of Law Reform
I have learned a great deal from "Testimonial Privilege and Fair Trial"-as I always do from Professor Hill's work. Indeed, he has changed my way of thinking in this area in several important respects. At the same time, I come to rather different conclusions than he regarding each of his three major topics. Part I of this article examines the problem of finding a "remedy" for testimonial privileges that violate a defendant's right to a fair trial. Part II discusses the problem of determining when a defendant is entitled to assert that the "right" has been violated. Finally, Part III …
Summer V. Mata: Twilight's Last Gleaming For Federal Habeas Corpus Review Of State Court Convictions - Speculations On The Future Of The Great Writ, Jason G. Reynolds
Summer V. Mata: Twilight's Last Gleaming For Federal Habeas Corpus Review Of State Court Convictions - Speculations On The Future Of The Great Writ, Jason G. Reynolds
University of Arkansas at Little Rock Law Review
No abstract provided.
Criminal Procedure - The Automatic Standing Rule In Possession Cases Is Overruled, Timothy D. Brewer
Criminal Procedure - The Automatic Standing Rule In Possession Cases Is Overruled, Timothy D. Brewer
University of Arkansas at Little Rock Law Review
No abstract provided.
Rhode Island V. Innis: “Offhand Comments” Or “Interrogation”?, Kingsley R. Browne
Rhode Island V. Innis: “Offhand Comments” Or “Interrogation”?, Kingsley R. Browne
Law Faculty Research Publications
No abstract provided.
Griffin V. California: Still Viable After All These Years, Craig M. Bradley
Griffin V. California: Still Viable After All These Years, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
Recent Development, Constitutional Law: Protection Against Illegal Search And Seizure--Blackie's House Of Beef, Inc. V. Castillo, No. 79-1057 & 79-2358 (D.C. Cir. July 22, 1981), Stephen James Anaya
Recent Development, Constitutional Law: Protection Against Illegal Search And Seizure--Blackie's House Of Beef, Inc. V. Castillo, No. 79-1057 & 79-2358 (D.C. Cir. July 22, 1981), Stephen James Anaya
Publications
No abstract provided.
Criminal Law–Arrest Without A Warrant–A Man's Home Is His Castle, Nancy Marian Epperson
Criminal Law–Arrest Without A Warrant–A Man's Home Is His Castle, Nancy Marian Epperson
University of Arkansas at Little Rock Law Review
No abstract provided.
Perils Of The Rulemaking Process: The Development, Application, And Unconstitutionality Of Rule 804(B)(3)'S Penal Interest Exception, Peter W. Tague
Perils Of The Rulemaking Process: The Development, Application, And Unconstitutionality Of Rule 804(B)(3)'S Penal Interest Exception, Peter W. Tague
Georgetown Law Faculty Publications and Other Works
As the culmination of a decade of rulemaking, in 1975 Congress enacted the Federal Rules of Evidence, which include in rule 804(b)(3) an exception to the hearsay rule that allows federal courts to admit statements against penal interest. Having reviewed previously unpublished memoranda and nonpublic tape recordings of the deliberations of the Advisory and Standing Committees to the Judicial Conference and the Special Subcommittee on Reform of Federal Criminal Laws of the House Judiciary Committee, Professor Tague explores the development of rule 804(b)(3), one of the more controversial rules that emerged from that rulemaking process. After analyzing rule 804(b)(3) and …
Survey Of Developments In West Virginia Law: 1980
Survey Of Developments In West Virginia Law: 1980
West Virginia Law Review
No abstract provided.
Estelle V. Smith, Lewis F. Powell Jr.
Michael M. V. Superior Court Of Sonoma County, Lewis F. Powell Jr.
Michael M. V. Superior Court Of Sonoma County, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Double Jeopardy: An Illusory Remedy For Governmental Overreaching At Trial, Mary J. Fahey
Double Jeopardy: An Illusory Remedy For Governmental Overreaching At Trial, Mary J. Fahey
Buffalo Law Review
No abstract provided.
The Three Faces Of Double Jeopardy: Reflections On Government Appeals Of Criminal Sentences, Peter K. Westen
The Three Faces Of Double Jeopardy: Reflections On Government Appeals Of Criminal Sentences, Peter K. Westen
Michigan Law Review
Every now and then a case ·comes along that tests the fundamental premises of a body of law. United States v. DiFrancesco presents such a test to the law of double jeopardy, raising the question whether the government may unilaterally appeal a defendant's criminal sentence for the purpose of increasing the sentence. The question cannot be answered by facile reference to the text of the fifth amendment, because the terms of the double jeopardy clause are not self-defining. Nor can it be settled by reference to history, because the issue has not arisen with any frequency until now.
The Fifth Amendment And The Inference Of Guilt From Silence: Griffin V. California After Fifteen Years, Donald B. Ayer
The Fifth Amendment And The Inference Of Guilt From Silence: Griffin V. California After Fifteen Years, Donald B. Ayer
Michigan Law Review
This Article will begin with an examination of the historic (and present) purposes underlying the fifth amendment privilege against self-incrimination, upon which any justification of the no-comment rule must ultimately rest. It will explore the danger that these purposes may be thwarted not only when defendants are actually compelled to be witnesses against themselves, but also when significant burdens are placed on defendants who choose not to testify. In Griffin, the Court reasoned that comment on the defendant's silence amounted to such an impermissible burden. But the Court failed to examine the weight of this burden. This failure makes …
Survey Of Developments In West Virginia Law: 1979
Survey Of Developments In West Virginia Law: 1979
West Virginia Law Review
No abstract provided.
Criminal Procedure–Search And Seizure–Curtilage Includes The Garden, Kathryn Duncan Holt
Criminal Procedure–Search And Seizure–Curtilage Includes The Garden, Kathryn Duncan Holt
University of Arkansas at Little Rock Law Review
No abstract provided.
Reforming The Federal Grand Jury And The State Preliminary Hearing To Prevent Conviction Without Adjudication, Peter Arenella
Reforming The Federal Grand Jury And The State Preliminary Hearing To Prevent Conviction Without Adjudication, Peter Arenella
Michigan Law Review
It is this Article's thesis that the substitution of plea-bargaining for the criminal trial as our primary method for determining legal guilt requires a fundamental reassessment of our pretrial screening processes. In a system where the prosecutor's decision to file charges is usually followed by a negotiated guilty plea, we can no longer pretend that the pretrial process does not adjudicate the defendant's guilt. Accordingly, this Article argues that it no longer makes sense to rely primarily on the trial to safeguard essential accusatorial principles when pretrial screening devices like the preliminary hearing and the grand jury perform the only …
The Speedy Trial Act: Conflict Among The Circuits, Dennis P. Koeppel
The Speedy Trial Act: Conflict Among The Circuits, Dennis P. Koeppel
Buffalo Law Review
No abstract provided.
"Your Papers, Please."—Is An Identification Requirement Constitutional?, John Mark Sullivan
"Your Papers, Please."—Is An Identification Requirement Constitutional?, John Mark Sullivan
Washington and Lee Law Review
No abstract provided.
Constitutional Law - Due Process Clause - Where New Prosecution Is Initiated For Additional Criminal Activity Not Specified In An Original Indictment, Actual Vindictiveness Is The Proper Standard To Determine Whether Such Prosecutorial Conduct Is Constitutionally Permissible, Peter R. Kahana
Villanova Law Review (1956 - )
No abstract provided.
Rape Victim Shield Laws And The Sixth Amendment, J. Alexander Tanford, Anthony J. Bocchino
Rape Victim Shield Laws And The Sixth Amendment, J. Alexander Tanford, Anthony J. Bocchino
Articles by Maurer Faculty
No abstract provided.
Constitutional Law-Criminal Law-Pretrial Detainees May Be Subjected To Conditions Of Confinement Reasonably Related To Legitimate Government Objectives-Bell V. Wolfish, 99 S. Ct. 1861 (1979).
BYU Law Review
No abstract provided.
Roberts V. United States, Lewis F. Powell Jr.
Roberts V. United States, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Payton V. New York, Lewis F. Powell Jr.
Payton V. New York, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
United States V. Crews, Lewis F. Powell Jr.
United States V. Crews, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.