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Articles 2161 - 2190 of 2373

Full-Text Articles in Criminal Procedure

The Judiciary's Use Of Supervisory Power To Control Federal Law Enforcement Activity, Department Of Justice Office Of Legal Policy Jun 1989

The Judiciary's Use Of Supervisory Power To Control Federal Law Enforcement Activity, Department Of Justice Office Of Legal Policy

University of Michigan Journal of Law Reform

In McNabb v. United States, the Supreme Court claimed- for the first time in its history-the prerogative of "establishing and maintaining civilized standards of procedure and evidence" in the exercise of "supervisory authority over the administration of criminal justice in the federal courts." Since then, the Court has used this self-declared oversight power on numerous occasions and for a wide variety of purposes, but it has never adequately explained either the provenance or the scope of this type of judicial authority. Lower federal courts have followed suit, on the largely unexamined assumption that they too are endowed with supervisory …


Adverse Inferences From Silence, Department Of Justice Office Of Legal Policy Jun 1989

Adverse Inferences From Silence, Department Of Justice Office Of Legal Policy

University of Michigan Journal of Law Reform

This Report, the eighth in the Truth in Criminal Justice series, assesses the rules relating to the evidentiary consideration of the defendant's silence. Its general conclusion is that the existing restrictive rules in this area are unjustified impediments to the search for truth. The notion that the fifth amendment's prohibition of compelling a person in a criminal case to be a witness against himself bars drawing adverse inferences from the defendant's silence is not well-founded. In practical effect, these rules impede the conviction of the guilty by barring consideration of an aspect of the defendant's conduct-his failure to respond to …


Future Disabilities Under New York’S Human Rights Law, Andrea Lisa Leeb Feb 1989

Future Disabilities Under New York’S Human Rights Law, Andrea Lisa Leeb

Cardozo Law Review

No abstract provided.


Killing Daddy: Developing A Self-Defense Strategy For The Abused Child, Joelle A. Moreno Jan 1989

Killing Daddy: Developing A Self-Defense Strategy For The Abused Child, Joelle A. Moreno

Faculty Publications

No abstract provided.


Diminishing Expectations Of Privacy In The Rehnquist Court, 22 J. Marshall L. Rev. 825 (1989), Laurence A. Benner Jan 1989

Diminishing Expectations Of Privacy In The Rehnquist Court, 22 J. Marshall L. Rev. 825 (1989), Laurence A. Benner

UIC Law Review

No abstract provided.


Sandra Day O’Connor, Abortion, And Compromise For The Court, Susan M. Halatyn Jan 1989

Sandra Day O’Connor, Abortion, And Compromise For The Court, Susan M. Halatyn

Touro Law Review

No abstract provided.


Are Twelve Heads Better Than One?, Phoebe C. Ellsworth Jan 1989

Are Twelve Heads Better Than One?, Phoebe C. Ellsworth

Articles

Few advocates of the jury system would argue that the average juror is as competent a tribunal as the averagejudge. Whatever competence the jury has is a function of two of its attributes: its number and its interaction. The fact that a jury must be composed of at least six people,' with different backgrounds, experiences, and perspectives, provides some protection against decisions based on an idiosyncratic view of the facts. Not only must the jury include at least six people, but they must be chosen in a manner that conforms to the ideal of the jury as representative of community …


Grand Jury Reform: A Proposal For Change In Virginia, Charles E. Wall Jan 1989

Grand Jury Reform: A Proposal For Change In Virginia, Charles E. Wall

University of Richmond Law Review

Once a cornerstone of American jurisprudence, the requirement of prosecution based upon grand jury indictment no longer stands unchallenged. Instead, alternate means of commencing prosecution, most notably by information and the preliminary hearing, have prompted lawmakers to look at the grand jury with a heightened scrutiny. Subsequently, such alternatives have become the primary prosecutorial tools in many states. Virginia, however, retains the grand jury system which was implemented in colonial times.


Duckworth V. Eagan: A Little-Noticed Miranda Case That May Cause Much Mischief, Yale Kamisar Jan 1989

Duckworth V. Eagan: A Little-Noticed Miranda Case That May Cause Much Mischief, Yale Kamisar

Articles

Professor Yale Kamisar, the country's foremost scholar of Miranda and police interrogation, presents an analysis and critique of the Supreme Court's latest interpretation of Miranda. In Duckworth, a 5-4 Court upheld the "if and when" language systematically used by the Hammond, Indiana, Police Department: "We have no way of giving you a lawyer, but one will be appointed for you, if you wish, if and when you go to court." The real issue was whether the police effectively conveyed the substance of a vital part of Miranda: the right to have a lawyer appointed prior to any questioning. Professor Kamisar …


When Racists And Radicals Meet, Ronald J. Bacigal, Margaret Ivey Bacigal Jan 1989

When Racists And Radicals Meet, Ronald J. Bacigal, Margaret Ivey Bacigal

Law Faculty Publications

In order to stimulate scholarly discussion, this Essay presents an empirical account of the Greensboro incident from the perspective of those who participated in the episode and in the resulting civil rights trial. The Essay traces the circumstances leading to the violence and reviews the resultant litigation with special attention given to the role of the trial judge in politically volatile cases. The candid reflections offered by the trial judge and other participants allow the reader to examine both the event and the litigation, not merely in the abstract, but as implemented by flesh-andblood lawyers, litigants, and judges. .


Arizona V. Youngblood: Does The Criminal Defendant Lose His Right To Due Process When The State Loses Exculpatory Evidence?, Willis C. Moore Jan 1989

Arizona V. Youngblood: Does The Criminal Defendant Lose His Right To Due Process When The State Loses Exculpatory Evidence?, Willis C. Moore

Touro Law Review

No abstract provided.


The Supreme Court's New Vision Of Federal Habeas Corpus For State Prisoners, Joseph L. Hoffmann Jan 1989

The Supreme Court's New Vision Of Federal Habeas Corpus For State Prisoners, Joseph L. Hoffmann

Articles by Maurer Faculty

No abstract provided.


Postsentence Sentencing: Determining Probation Revocation Sanctions, Bradford Mank Jan 1988

Postsentence Sentencing: Determining Probation Revocation Sanctions, Bradford Mank

Faculty Articles and Other Publications

Although procedural due process requirements govern the proof of a violation in a probation revocation hearing, judges exercise almost total discretion in deciding what sanctions to impose once a violation is established. These postsentence judgments can be as important as the initial sentencing. Sanctions for even minor probation violations can range from obligating a probationer to meet with his probation officer more frequently to executing a suspended prison sentence. The Supreme Court recognized in Morrissey v. Brewer that the choice of sanctions is often more complex than the proof of a violation. Principles must be developed to regulate postsentence sentencing. …


Arizona V. Hicks: Probable Cause Requirement Under The Plain View Doctrine, 21 J. Marshall L. Rev. 903 (1988), Robert J. Kuker Jan 1988

Arizona V. Hicks: Probable Cause Requirement Under The Plain View Doctrine, 21 J. Marshall L. Rev. 903 (1988), Robert J. Kuker

UIC Law Review

No abstract provided.


The Constitutionality Of Attorney Fee Forfeiture Under Rico And Cce, 22 J. Marshall L. Rev. 155 (1988), John R. Russell Jan 1988

The Constitutionality Of Attorney Fee Forfeiture Under Rico And Cce, 22 J. Marshall L. Rev. 155 (1988), John R. Russell

UIC Law Review

No abstract provided.


Illinois Courts Struggle To Evaluate Race-Neutral Explanations For Peremptory Challenges Under Batson V. Kentucky, 22 J. Marshall L. Rev. 235 (1988), Kevin E. Bry Jan 1988

Illinois Courts Struggle To Evaluate Race-Neutral Explanations For Peremptory Challenges Under Batson V. Kentucky, 22 J. Marshall L. Rev. 235 (1988), Kevin E. Bry

UIC Law Review

No abstract provided.


Rock V. Arkansas: Hypnosis And The Prejudice Rule - Your Memories May Not Be Your Own, 21 J. Marshall L. Rev. 409 (1988), Gail Downer Zwemke Jan 1988

Rock V. Arkansas: Hypnosis And The Prejudice Rule - Your Memories May Not Be Your Own, 21 J. Marshall L. Rev. 409 (1988), Gail Downer Zwemke

UIC Law Review

No abstract provided.


Consequences Of Federalizing Criminal Law, Roger J. Miner '56 Jan 1988

Consequences Of Federalizing Criminal Law, Roger J. Miner '56

Criminal Law

No abstract provided.


Mccleskey V. Kemp: The Supreme Court Pulls The Switch On Future Judicial Challenges To The Death Penalty, 22 J. Marshall L. Rev. 215 (1988), William H. Jones Jan 1988

Mccleskey V. Kemp: The Supreme Court Pulls The Switch On Future Judicial Challenges To The Death Penalty, 22 J. Marshall L. Rev. 215 (1988), William H. Jones

UIC Law Review

No abstract provided.


The Prosecutor's Obligation To Grant Defense Witness Immunity, Bennett L. Gershman Jan 1988

The Prosecutor's Obligation To Grant Defense Witness Immunity, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

The author enumerates the three most common situations in which the courts have required the prosecutor to offer immunity to defense witnesses: (1) to safeguard the defendant's right to essential exculpatory testimony; (2) where the use of the prosecutor's powers to grant immunity causes such distortion in the fact-finding process as to require granting immunity to defense witnesses; and (3) where immunity is required to remedy prosecutory misconduct such as the intimidation of witnesses. The use of the "missing witness" instruction to avoid reaching the constitutional issue is also discussed.


Administrative Searches For Evidence Of Crime: The Impact Of New York V. Burger, Perry S. Reich Jan 1988

Administrative Searches For Evidence Of Crime: The Impact Of New York V. Burger, Perry S. Reich

Touro Law Review

No abstract provided.


Report On Survey Of The Bar, Committee On Federal Courts Of The New York State Bar Association Jan 1988

Report On Survey Of The Bar, Committee On Federal Courts Of The New York State Bar Association

Touro Law Review

No abstract provided.


Risk Arbitrage And Insider Trading: A Functional Analysis Of The Fiduciary Concept Under Rule 10b-5, Laurence A. Steckman Jan 1988

Risk Arbitrage And Insider Trading: A Functional Analysis Of The Fiduciary Concept Under Rule 10b-5, Laurence A. Steckman

Touro Law Review

No abstract provided.


Civil Rights In Transition: Sections 1981 And 1982 Cover Discrimination On The Basis Of Ancestry And Ethnicity, Eileen Kaufman, Martin A. Schwartz Jan 1988

Civil Rights In Transition: Sections 1981 And 1982 Cover Discrimination On The Basis Of Ancestry And Ethnicity, Eileen Kaufman, Martin A. Schwartz

Touro Law Review

No abstract provided.


Criminal Procedure In The Rehnquist Court: Has The Rehnquisition Begun?, Craig M. Bradley Apr 1987

Criminal Procedure In The Rehnquist Court: Has The Rehnquisition Begun?, Craig M. Bradley

Indiana Law Journal

No abstract provided.


Suspending Imposition And Execution Of Criminal Sentences: A Study Of Judicial And Legislative Confusion, John M.A. Dipippa Apr 1987

Suspending Imposition And Execution Of Criminal Sentences: A Study Of Judicial And Legislative Confusion, John M.A. Dipippa

University of Arkansas at Little Rock Law Review

No abstract provided.


Videotaping Children's Testimony: An Empirical View, Paula E. Hill, Samuel M. Hill Feb 1987

Videotaping Children's Testimony: An Empirical View, Paula E. Hill, Samuel M. Hill

Michigan Law Review

Increases in the number of reported incidents of child abuse and sexual molestation have resulted in more and younger children becoming courtroom participants. Some courts refuse to consider the special needs of the child in this adversarial environment. Relying on questionable precedent, these courts hold that the defendant's right to directly confront the child, as well as strict compliance with evidentiary rules, overrides that child's interest in freedom from embarrassment or psychological trauma. This Note focuses on pressures felt by the testifying child and the ways in which these pressures affect her testimony; it then proposes using videotaped testimony as …


Appealability, Under The Collateral Order Doctrine, Of Orders Denying Motions For Appointment Of Counsel In Federal Civil Litigation After Richardson-Merrell, Inc. V. Koller, Kevin G. Dumbach Jan 1987

Appealability, Under The Collateral Order Doctrine, Of Orders Denying Motions For Appointment Of Counsel In Federal Civil Litigation After Richardson-Merrell, Inc. V. Koller, Kevin G. Dumbach

Touro Law Review

No abstract provided.


Bounds And Beyond: A Need To Reevaluate The Right Of Prisoner Access To The Courts, Steven D. Hinckley Jan 1987

Bounds And Beyond: A Need To Reevaluate The Right Of Prisoner Access To The Courts, Steven D. Hinckley

University of Richmond Law Review

There is little doubt that a prisoner's most important right is access to the courts. Without access, prisoners have neither a forum in which to question the conditions and constitutionality of their confinement, nor an arena in which to seek vindication of other alleged rights violations. Therefore, the right of access is the foundation upon which other prisoners' rights are built.


Silence As A Trial Strategy After Strickland And Cronic: Ineffective Assistance Of Counsel?Nic : The Ineffective Assistance Of Counsel?, Jo Ellen Silberstein Jan 1987

Silence As A Trial Strategy After Strickland And Cronic: Ineffective Assistance Of Counsel?Nic : The Ineffective Assistance Of Counsel?, Jo Ellen Silberstein

Touro Law Review

No abstract provided.