Criminal Procedure Commons^™

White V. State: And Now For Something Different, Susan Stuart, Richard Pitts

Law Faculty Publications

No abstract provided.

Habeas Corpus Committee - Correspondence, Lewis F. Powell Jr.

Habeas Corpus Committee

No abstract provided.

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

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

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

UIC Law Review

No abstract provided.

The Doctrine Of Inevitable Discovery: A Plea For Reasonable Limitations, Steven P. Grossman

All Faculty Scholarship

In reinstating the Iowa murder conviction of Robert Williams, the Supreme Court accepted explicitly for the first time the doctrine of inevitable discovery. Applied for some time by state and federal courts, the doctrine of inevitable discovery is a means by which evidence obtained illegally can still be admitted against defendants in criminal cases. Unfortunately, the Court chose to adopt the doctrine without any of the safeguards necessary to insure that the deterrent impact of the exclusionary rule would be preserved, and in a form that is subject to and almost invites abuse.

This article warns of the danger to …

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

UIC Law Review

No abstract provided.

Griffin V. Wisconsin Warrantless Probation Searches - Do The State's Needs Warrant Such Strict Measures, 21 J. Marshall L. Rev. 921 (1988), William Blake Weiler

UIC Law Review

No abstract provided.

Second Degree Murder Replaces Voluntary Manslaughter In Illinois: Problems Solved, Problems Created, James B. Haddad

Loyola University Chicago Law Journal

No abstract provided.

Annual Survey Of Virginia Law: Criminal Law And Procedure, Steven D. Benjamin

University of Richmond Law Review

A police officer's detention of a citizen is a "seizure" of the person for purposes of the fourth amendment, and must be reasonable in light of the totality of the circumstances. Significant police encounters fall into two categories-the brief investigatory detention and the more intrusive, full-blown arrest.

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.

Preventive Detention: Illinois Takes A Tenative Step Towards A Safer Community, 21 J. Marshall L. Rev. 389 (1988), Carolyn Nickels Offenbach

UIC Law Review

No abstract provided.

The New Illinois Videotape Statute In Child Sexual Abuse Cases: Reconciling The Defendant's Constitutional Rights With The State's Interest In Prosecuting Defenders, 22 J. Marshall L. Rev. 331 (1988), Denise C. Hockley-Cann

UIC Law Review

No abstract provided.

Proving The Defendant's Bad Character, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

The classic study of the American jury shows that when a defendant's criminal record is known and the prosecution's case has weaknesses, the defendant's chances of acquittal are thirty-eight percent, compared to sixty-five percent otherwise. Because of the danger that jurors will assume that the defendant is guilty based on proof that his bad character predisposes him to an act of crime, the courts and legislatures have attempted to circumscribe the use of such evidence. Some prosecutors, however, although well aware of the insidious effect such prejudicial evidence can have on jurors, violate the rules of evidence, as well as …

Prison Reform Issues For The Eighties: Modification And Dissolution Of Injunctions In The Federal Courts, Sarah N. Welling, Barbara W. Jones

Law Faculty Scholarly Articles

During the past two decades, federal courts have become involved in the supervision of state and local prison systems. This supervisory role is the result of a new type of litigation, the institutional reform lawsuit. These lawsuits originate when prisoners sue state or local prison administrators, alleging unconstitutional conditions of confinement. Plaintiffs usually seek a permanent injunction outlining a plan to eliminate the offending conditions. As prison litigation matured, the normal evolution of these lawsuits led to new questions taking center stage in the 1980's, questions of injunction, modification, and dissolution.

This article begins with a summary examination of prison …

Sentencing The Mentally Retarded To Death: An Eighth Amendment Analysis, John H. Blume, David Bruck

Cornell Law Faculty Publications

Today, on death rows across the United States, sit a number of men with the minds of children. These people are mentally retarded. Typical of these individuals is Limmie Arthur, who currently is imprisoned at Central Correctional Institution in Columbia, South Carolina. Although Arthur is twenty-eight years old, all the mental health professionals who have evaluated him, including employees of the South Carolina Department of Corrections, agree he has the mental capacity of approximately a 10-year-old child. Arthur was convicted and sentenced to death for the murder of a neighbor. At his first trial, his court appointed attorneys did not …

Plea Bargaining And The Supreme Court, Loftus Becker

Faculty Articles and Papers

No abstract provided.

Victims In The Criminal Process: A Utilitarian Analysis Of Victim Participation In The Charging Decision, Sarah N. Welling

Law Faculty Scholarly Articles

Crime victims are currently being given the right to participate in criminal prosecutions at both the sentencing and plea bargaining stages. These are important steps in a criminal prosecution, but both the sentence and the plea bargain are dependent on the initial charging decision which determines what crime is to be prosecuted or whether there is to be any prosecution at all. As a prerequisite to both a plea bargain or a sentence, the charging decision is the crux of the prosecution.

Given the importance of the charging decision, and the fact that some jurisdictions have granted victims a right …

Bright Line Seizures: The Need For Clarity In Determining When Fourth Amendment Activity Begins, Edwin J. Butterfoss

Faculty Scholarship

This Article proposes that the Mendenhall-Royer standard, as presently interpreted, should be discarded because it is unworkable and fails to strike the appropriate balance between the liberty interests of citizens and the interest of the state in combatting crime. The test is unworkable because the outcomes of cases turn on subtle factual distinctions unrelated to an individual's actual freedom to end an encounter with a police officer, making it difficult for police officers to apply the standard in the field and adjust their conduct accordingly. Moreover, the standard provides insufficient protection for an individual's rights by failing to consider the …

University Of Richmond Law Review

University of Richmond 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

Touro Law Review

No abstract provided.

Review Essay. What Makes Rape A Crime?, Lynne N. Henderson

Articles by Maurer Faculty

No abstract provided.

Law, Deconstruction And Resistance: The Critical Stances Of Derrida And Foucault, Daniel Williams

Cardozo Arts & Entertainment Law Journal

No abstract provided.

A Reply To Michael Goldsmith, Gerard E. Lynch

Faculty Scholarship

I am grateful for Professor Michael Goldsmith's response to my discussion of RICO. It is always gratifying to find that one's writings have stimulated thought and debate.

Professor Goldsmith's criticisms of my discussion come in three parts. First, he claims that I have misread the history of RICO's adoption. Second, he objects to my criticisms of its scope. Third, he argues that the statute as now drafted serves prosecutorial purposes that would not be captured by the proposals I make for its replacement. Professor Goldsmith's arguments are not persuasive.

Problem Diskrecije U Americkoj Pravnoj Misli, Charles M. Yablon

Articles

No abstract provided.

Mistake In The Model Penal Code: A False False Problem, George P. Fletcher

Faculty Scholarship

No solution seems more gratifying to the modern theorist than to claim that an apparently serious problem is not really a problem at all. By branding nonfalsifiable propositions as nonsense, the Vienna circle of logical positivists discovered that the metaphysical concerns of others were really false problems. By ridding philosophy of false problems, Wittgenstein thought that he could let the fly escape from the bottle; he could release the philosophical spirit from its confounding constraints. Brainerd Currie brought this method to the law with his justly famous theory of false conflicts in the conflicts of laws. There was no need …

Standards For Organizational Probation: A Proposal To The United States Sentencing Commission, John C. Coffee Jr., Richard Gruner, Christopher D. Stone

Faculty Scholarship

This proposal was prepared by the authors in their capacities as consultants to the United States Sentencing Commission. It has not been adopted or endorsed by the Commission. If adopted, the proposal would constitute Part D(2) of the Sentencing Commission's Organizational Sentencing Guidelines (to be continued in Chapter 8 of the Commission's Guidelines Manual).

The Excessive Fines Clause And Punitive. Damages: Some Lessons From History, Calvin R. Massey

Vanderbilt Law Review

Contrary to the notion that the eighth amendment' is confined strictly to criminal cases, the excessive fines clause of the eighth amendment should apply to the imposition of punitive damages and all judicially imposed monetary sanctions in civil cases. Although this view represents a sharp departure from accepted doctrine, this interpretation of the excessive fines clause is consistent with the historical development of the textual antecedents of the eighth amendment,s the political theory that underlies the adoption of the eighth amendment, and the contemporary purposes served by punitive damages themselves. Moreover, this view in noway violates the holdings of those …