Criminal Procedure Commons^™

Kelly V. Robinson, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

The Use Of Prior Convictions To Impeach Criminal Defendants - Do The Risks Outweigh The Benefits?, James W. Betro

Antioch Law Journal

The use of prior convictions to impeach the credibility of a criminal defendant-witness is generally accepted in most American jurisdictions.'Such evidence is allowed in order to present the jury with the general character of a witness so that they may be better able to decide as to his or her tendency to lie on the witness stand.2 The rationale behind this rule is based on the theory that a witness who has been previously convicted of a crime may be less likely to tell the truth than someone who has never been convicted.3 Unfortunately, when a criminal defendant takes the …

An Analysis Of Public Attitudes Toward The Insanity Defense, Valerie P. Hans

Cornell Law Faculty Publications

Results from a public opinion survey of knowledge, attitudes, and support for the insanity defense indicate that people dislike the insanity defense for both retributive and utilitarian reasons: they want insane law-breakers punished, and they believe that insanity defense procedures fail to protect the public. However, people vastly overestimate the use and success of the insanity plea. Several attitudinal and demographic variables that other researchers have found to be associated with people's support for the death penalty and perceptions of criminal sentencing are also related to support for the insanity defense. Implications for public policy are discussed.

Silencing Gideon's Trumpet: The Plight Of The Indigent Prisoner, Allison I. Connelly

Law Faculty Popular Media

In this newsletter article, Professor Connelly discusses the difficulties faced by indigent prisoners in gaining access to the justice system.

Criminal Procedure—Charge Of Rape By Sexual Intercourse Sufficient To Convict Of Rape By Deviate Sexual Activity Under The Arkansas Rape Statute, Vickie A. Warner

University of Arkansas at Little Rock Law Review

No abstract provided.

V. Criminal Law And Procedure

Washington and Lee Law Review

No abstract provided.

Florida Reverses Its Per Se Reversal Rule On Improper Prosecutorial Comment On A Defendant's Right To Remain Silent, J. Allison Defoor Ii, Randolph Braccialarghe

Florida State University Law Review

No abstract provided.

Attorney Loyalty And Client Perjury - A Postscript To Nix V. Whiteside, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

How much, if at all, can a criminal defense lawyer cooperate in his or her client's decision to commit perjury? Courts, commentators, and bar committees have grappled with this question for years without offering clear or consistent guidelines. Any principled response must take into account some very hard questions. Under what circumstances, for instance, does the lawyer ever really "know" that his client's proposed testimony is false? Is it sufficient if the lawyer simply disbelieves his client's story, or that of his client's witnesses? Does it make any difference if the attorney learns of a plan to perjure during the …

Crime Without Conviction: Supervision Without Sentence, 19 J. Marshall L. Rev. 547 (1986), Alfred B. Teton

UIC Law Review

No abstract provided.

Why Prosecutors Misbehave, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

The author, perhaps the nation's top authority on prosecutorial misconduct, raises and analyzes two questions: Why does this misconduct occur? (It often pays off.) And why does it continue? (There are no effective sanctions.)

The Death Penalty, Ellen Y. Suni

Faculty Works

In 1977, the Missouri legislature adopted a comprehensive statutory scheme defining capital murder and prescribing procedures to be utilized in imposing the death penalty in this state. After making minor revisions in the scheme, the legislature substantially revamped the homicide statutes in 1983. Included in this revision were changes in the definition of the substantive offense and revisions in the grounds and procedures for imposition of the death penalty. These legislative revisions and judicial interpretations have substantially broadened the class of defendants to whom the death penalty is applicable and substantially decreased the likelihood of successful appeal from a sentence …

Dui Roadblocks: Drunk Drivers Take A Toll On The Fourth Amendment, 19 J. Marshall L. Rev. 983 (1986), Lazaro Fernandez

UIC Law Review

No abstract provided.

Malley V. Briggs: The Court Offers A Civil Remedy For Fourth Amendment Violations On The Wake Of An Eroding Exclusionary Rule, 19 J. Marshall L. Rev. 1101 (1986), Ellen Keefe-Garner

UIC Law Review

No abstract provided.

Gates, Leon And The Compromise Of Adjudicatory Fairness: (Part Ii)-Aggressive Majoritarianism, Willful Deafness, And The New Exception To The Exclusionary Rule, Joel J. Finer

Law Faculty Articles and Essays

This Article will offer an elaboration of the idea of judicial "aggressiveness" (which Professor Stone, by and large, leaves undefined) through examination of the majority opinion in United States v. Leon and its application in Massachusetts v. Sheppard. It will also advance the thesis that the majority in Leon exhibited a particular kind of aggressiveness--willful deafness.

Subpoenas To Criminal Defense Lawyers: Proposal For Limits, Ellen Y. Suni

Faculty Works

No abstract provided.

A Report And Analysis Of The Military Mental Nonresponsibility Defense, Darryll K. Jones

Journal Publications

Due to the intense pressures of warfare, and the more common stress related demands placed on the peacetime service member, the mental nonresponsibility defense should be more often legitimately asserted in a military criminal trial. Further, those who place demands on service members have an obligation to ensure that the nonresponsibility defense is substantively and procedurally fair. This article analyzes the nonresponsibility defense, beginning with the procedural aspects and later examining significant substantive issues and how they are resolved by the United States Court of Military Appeals. The procedural section will discuss how the nonresponsibility issue is raised, the defendant's …

Criminal Justice Issues In Revolutionary Nicaragua, Stephen C. Thaman

All Faculty Scholarship

In this article, the author discusses his experiences traveling to Nicaragua in May 1985, as a part of a group of American lawyers and law professors invited by the Nicaraguan Association of Democratic Justice to consult on the judicial process, as well as a revolutionary struggle within the Nicaraguan institutions responsible for criminal justice. This article addresses current criminal procedure, special tribunals, and popular anti-Somocista tribunals. It also discusses a pilot project geared to improve criminal justice issues in Nicaragua.

Conflicts-Of-Interest Disqualification In Medical Malpractice Litigation, George J. Annas

Faculty Scholarship

Less than two decades ago it was thought sufficient to say, "When a practitioner is in doubt on an ethical question, the best answer is usually No." A more recent commentator has suggested, however, that "[s]uch platitudes have become increasingly inadequate to guide the attorney facing conflicts of interests in the private practice of law." Because of the general vagueness of the American Bar Association's Model Code of Professional Responsibility, and of state codes based on it, courts have begun to fashion a vast "common law" of conflicts of interest A particularly controversial entry to this body of common law …

Attempting The Impossible: The Emerging Consensus, Ira Robbins

Scholarly Articles in Law Reviews & Journals

Impossible attempts are situations in which an actor fails to consummate a substantive crime because he is mistaken about attendant circumstances. Professor Robbins divides mistakes regarding circumstances into three categories: mistakes of fact, mistakes of law, and mistakes of mixed fact and law. Courts and commentators disagree primarily over the identification and treatment of mixed fact law cases. Professor Robbins surveys each category of mistake. He then examines the objective, subjective, and hybrid approaches to dealing with the mixed fact/law category. The objective approach requires an objective manifestation of the actor's intent before conviction is allowed. The subjective approach permits …

The Bad Faith-Harassment Exception To The Younger Doctrine: Exploring The Empty Universe, C. Keith Wingate

Faculty Scholarship

No abstract provided.

The Availability Of Injunctions In Bankruptcy To Restrain Collection Of I.R.C. 6672(A) Penalties, Beth K. Neelman

Cardozo Law Review

No abstract provided.

Corrections In Crisis : Report Of The Governor's Blue Ribbon Commission On Corrections, Maine Governor's Blue Ribbon Commission On Corrections

Maine Collection

Corrections In Crisis : Report of the Governor's Blue Ribbon Commission on Corrections.

Augusta, Me., The Commission, December 1985

"This Commission was funded through the 1984 Appropriations Act, P.L. 1983, Ch. 824, Pt. A."

Contents: Preamble / Summary of Recommendations / Community Corrections Recommendations / Sentencing Recommendations / Correctional Management Recommendations / Selected Legislative Issues / Conclusion

The Child Witness: The Progress And Emerging Limitations, Lucy Berliner

University of Miami Law Review

No abstract provided.

Other Crimes Evidence To Prove The Corpus Delicti Of A Child Sexual Offense, Amber Donner-Froelich

University of Miami Law Review

No abstract provided.

Indicia Of Reliability And Face To Face Confrontation: Emerging Issues In Child Sexual Abuse Prosecutions, Michael H. Graham

University of Miami Law Review

No abstract provided.

Child Sexual Assault: Children's Memory And The Law, Gail S. Goodman, Vicki S. Helgeson

University of Miami Law Review

No abstract provided.

Expert Testimony In Child Sexual Abuse Cases, Rebecca J. Roe

University of Miami Law Review

No abstract provided.

Introduction: Background And Overview Of Child Sexual Abuse Law Reforms In The Mid-1980'S, Josephine Bulkley

University of Miami Law Review

No abstract provided.

See No Evil? Can Insulation Of Child Sexual Abuse Victims Be Accomplished Without Endangering The Defendant's Constitutional Rights?, Wallace J. Mlyniec, Michelle M. Dally

University of Miami Law Review

No abstract provided.

Diagnostic Evaluations And The Use Of Videotapes In Child Sexual Abuse Cases, Kee Macfarlane

University of Miami Law Review

No abstract provided.