Criminal Procedure Commons^™

The Judicial Performance Of Robert H. Bork In Administrative And Regulatory Law, Richard B. Stewart

Cardozo Law Review

No abstract provided.

Judge Robert H. Bork's Decisions In Which He Wrote No Opinion: An Analysis Of The Regulatory And Benefit Cases, Robert A. Anthony

Cardozo Law Review

No abstract provided.

The Matsushita Case: Tightened Concepts Of Conspiracy And Predation, Randolph Sherman

Cardozo Law Review

No abstract provided.

The Tax Reform Act Of 1986: A Response To Professor Yorio And His Vision Of The Future Of The Internal Revenue Code, Edward A. Zelinsky

Articles

No abstract provided.

Confronting Rape Shield, Allison I. Connelly

Law Faculty Popular Media

In this newsletter article, Professor Connelly discusses the difficulties faced by defense attorneys in addressing rape shield laws.

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

Indiana Law Journal

No abstract provided.

Criminal Procedure—Peremptory Challenges In Felony Prosecutions, Pamela J. Bryan

University of Arkansas at Little Rock Law Review

No abstract provided.

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.

As Time Goes By: Pretrial Incarceration Under The Bail Reform Act Of 1984 And The Speedy Trial Act Of 1974, Allen D. Applbaum

Cardozo Law Review

No abstract provided.

Jury Instructions For Civil And Criminal Rico Cases Approved By: Rico Cases Committee, Criminal Justice Section Of The American Bar Association

BYU Law Review

No abstract provided.

Preventive Detention, Curfews, Demolition Of Houses, And Deportations: An Analysis Of Measures Employed By Israel In The Administered Territories, Cheryl V. Reicin

Cardozo Law Review

No abstract provided.

Pleading The Fifth: Record Custodians And The Act-Of-Production Doctrine, Amy Schlesinger Rich

Cardozo Law Review

No abstract provided.

The Scope Of Criminal Restitution: Awarding Unliquidated Damages In Sentencing Hearings, Bradford Mank

Faculty Articles and Other Publications

During the past several years a variety of victim groups have forced the criminal justice system to pay more attention to the restitution needs of victims! Criminal courts, however, are still limited in the types of restitution they may award. Typically, sentencing judges can award restitution for the whole range of liquidated damages including the value of stolen or destroyed property, medical expenses, and lost past wages. In most jurisdictions, however, criminal courts cannot award restitution for unliquidated damages involving compensation for pain and suffering, or for lost future earning capacity. Crime victims must initiate a civil suit at their …

Colorado V. Connelly: The Gratuitous Union Of Voluntariness And State Coercion, 21 J. Marshall L. Rev. 199 (1987), James P. Byrne Jr.

UIC Law Review

No abstract provided.

Police Encouragement And The Fourth Amendment, 20 J. Marshall L. Rev. 661 (1987), Barry D. Green

UIC Law Review

No abstract provided.

Evidentiary Use Of Other Crime Evidence: A Survey Of Recent Trends In Criminal Procedure, Susan Stuart

Law Faculty Publications

No abstract provided.

Resisting Unlawful Arrest: A Due Process Perspective, Penn Lerblance

Cleveland State Law Review

To resist arrest is a crime. But is it a crime if the arrest resisted is unlawful? More particularly, is a lawful arrest an issue in a trial for resisting arrest? This inquiry invokes the constitutional due process problem of proof illustrated in Hoover v. Garfield Heights Municipal Court, decided in September 1986 by the United States Court of Appeals for the Sixth Circuit. Section II discusses the Hoover case, and then Section III delves into the issue of a right to resist an unlawful arrest. Section IV explains that an unlawful arrest is authorized when there is a legislative …

Rico: The Crime Of Being A Criminal Parts I And Ii, Gerard E. Lynch

Faculty Scholarship

One of the most controversial statutes in the federal criminal code is that entitled "Racketeer-Influenced and Corrupt Organizations," known familiarly by its acronym, RICO. Passed in 1970 as title IX of the Organized Crime Control Act of 1970, RICO has attracted much attention because of its draconian penalties, including innovative forfeiture provisions; its broad draftsmanship, which has left it open to a wide range of applications, not all of which were foreseen or intended by the Congress that enacted it; and the sometimes dramatic prosecutions that have been brought in its name.

RICO's complexity has attracted several efforts to unscramble …

Rico: The Crime Of Being A Criminal Parts Iii And Iv, Gerard E. Lynch

Faculty Scholarship

In the first portion of this study, we saw that the Supreme Court in its 1981 Turkette decision endorsed what was already the consensus view of the courts of appeals that a group of individuals associated in fact to pursue entirely illegitimate purposes could constitute a RICO enterprise. Prosecutions of such associations have quickly become the leading use of the statute. It can be reliably estimated that more than forty percent of the reported appellate cases involving RICO indictments concern prosecutions in which the alleged enterprise was such an illicit association. When the cases are classified by the nature of …

Proving Entrapment Under The Predisposition Test, Paul Marcus

Faculty Publications

No abstract provided.

It's About Time: Proposal For Recognition Of Statutes Of Limitation In Attorney Discipline, Ellen Y. Suni

Faculty Works

No abstract provided.

Maintaining System Integrity In Capital Cases: The Use Of Court-Appointed Counsel To Present Mitigating Evidence When The Defendant Advocates Death, Linda Carter

McGeorge School of Law Scholarly Articles

No abstract provided.

What Makes Rape A Crime?, Lynne Henderson

Scholarly Works

No abstract provided.

Citizen's Arrests And The Fourth Amendment--A Fresh Perspective, Howard E. Wallin

Touro Law Review

No abstract provided.

The Salerno Challenge To The Bail Reform Act Of 1984, Aba Heiman

Touro Law Review

No abstract provided.

The Dual Sovereignty Exception To Double Jeopardy: In The Wake Of Garcia V. San Antonio Metropolitan Transit Authority, Evan Tsen Lee

Faculty Scholarship

No abstract provided.

The Unmet Challenge Of Criminal Theory, George P. Fletcher

Faculty Scholarship

The last several decades have witnessed an outpouring of serious articles bringing to bear the methods of analytic philosophy to the issues of substantive criminal law. J. L. Austin, a philosopher and not a lawyer, may have been the first to demonstrate the potential of probing legal concepts such as mistake and accident, justification and excuse, for their philosophical potential. H.L.A. Hart carried forward the literature with several path breaking essays on criminal law. It is only in the last few years, however, that we have encountered an explosion of interest in the basic questions of criminal law. As the …

Colorado V. Spring, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Wimberly V. Labor & Industrial Relations Commission Of Missouri, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Mccleskey V. Kemp, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.