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Criminal Law

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Articles 6721 - 6750 of 7296

Full-Text Articles in Criminal Procedure

The Prosecutor's Function In Sentencing, Dan K. Webb, Scott F. Turow Jan 1982

The Prosecutor's Function In Sentencing, Dan K. Webb, Scott F. Turow

Loyola University Chicago Law Journal

No abstract provided.


Federal Criminal Sentencing: The Case For Evidentiary Standards, Frank D. Giorno Jan 1982

Federal Criminal Sentencing: The Case For Evidentiary Standards, Frank D. Giorno

Loyola University Chicago Law Journal

No abstract provided.


Criminal Sentencing In Antitrust Cases, Mary Patricia Kerns Jan 1982

Criminal Sentencing In Antitrust Cases, Mary Patricia Kerns

Loyola University Chicago Law Journal

No abstract provided.


Rape Of The Mentally Deficient: Satisfaction Of The Nonconsent Element, 15 J. Marshall L. Rev. 115 (1982), Susan L. Brody Jan 1982

Rape Of The Mentally Deficient: Satisfaction Of The Nonconsent Element, 15 J. Marshall L. Rev. 115 (1982), Susan L. Brody

UIC Law Review

No abstract provided.


Capital Punishment And Crimes Of Murder, Dorean M. Koenig Jan 1982

Capital Punishment And Crimes Of Murder, Dorean M. Koenig

Loyola University Chicago Law Journal

No abstract provided.


Separation Of Powers And The Illinois Habitual Offender Act: Who Sentences The Habitual Criminal?, Terence J. Moran Jan 1982

Separation Of Powers And The Illinois Habitual Offender Act: Who Sentences The Habitual Criminal?, Terence J. Moran

Loyola University Chicago Law Journal

No abstract provided.


The Federal Speedy Trial Act: Stampede Into Ambush, 16 J. Marshall L. Rev. 27 (1982), Robert L. Doyel Jan 1982

The Federal Speedy Trial Act: Stampede Into Ambush, 16 J. Marshall L. Rev. 27 (1982), Robert L. Doyel

UIC Law Review

No abstract provided.


Construing Federal Criminal Statutes Employing Terms Which Have No Established Common-Law Meaning: Section 2113(B) Of The Federal Bank Robbery Act, 16 J. Marshall L. Rev. 125 (1982), Linas J. Kelecius Jan 1982

Construing Federal Criminal Statutes Employing Terms Which Have No Established Common-Law Meaning: Section 2113(B) Of The Federal Bank Robbery Act, 16 J. Marshall L. Rev. 125 (1982), Linas J. Kelecius

UIC Law Review

No abstract provided.


Survey Of Developments In West Virginia Law: 1981 Jan 1982

Survey Of Developments In West Virginia Law: 1981

West Virginia Law Review

No abstract provided.


Entrapment, Shocked Consciences, And The Staged Arrest, Bennett L. Gershman Jan 1982

Entrapment, Shocked Consciences, And The Staged Arrest, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

This Article discusses the relatively spare and unsettled case law relating to the staged arrest, reflected primarily in United States v. Archer and Nigrone v. Murtagh. Part III of this Article examines the defense of entrapment, one of the most confusing and controversial legal doctrines, and its application to the staged arrest. Because the staged arrest ineluctably raises questions of offensive government conduct that neither constitutes unlawful entrapment nor invades any independent rights of citizens, part IV considers the analysis of courts that have invoked the due process clause to limit government investigations. In view of the failure of these …


Abscam, The Judiciary, And The Ethics Of Entrapment, Bennett L. Gershman Jan 1982

Abscam, The Judiciary, And The Ethics Of Entrapment, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Part I of this Article surveys the development of the competing threads of entrapment theory. Part II shows how these theories were applied in the Abscam prosecutions. Part III turns to the predisposition test and demonstrates its analytical flaws and its ineffectiveness in restraining he improper use of inducements in undercover investigations. Part IV offers specific suggestions for a federal entrapment statute to remedy these defects. The statute allows an entrapment defense where the undercover techniques used fall outside a narrowly defined range of permissible conduct. If the government's conduct is permissible, the statute nevertheless requires the decision-maker to examine …


Criminal Law And Procedure, Various Editors Jan 1982

Criminal Law And Procedure, Various Editors

Villanova Law Review (1956 - )

No abstract provided.


Federal Parole And Federal Sentencing: A Report On The Present And Some Thoughts For The Future, David J. Gottlieb Jan 1982

Federal Parole And Federal Sentencing: A Report On The Present And Some Thoughts For The Future, David J. Gottlieb

Loyola University Chicago Law Journal

No abstract provided.


Foreword, James P. Carey Jan 1982

Foreword, James P. Carey

Loyola University Chicago Law Journal

No abstract provided.


Commentary On Bullington V. Missouri, Richard Sindel Jan 1982

Commentary On Bullington V. Missouri, Richard Sindel

Loyola University Chicago Law Journal

No abstract provided.


Prosecutorial Vindictiveness And The Plea Bargaining Exception: Bordenkircher V. Hayes Four Years Later, Christine Schaack Mcgoey Jan 1982

Prosecutorial Vindictiveness And The Plea Bargaining Exception: Bordenkircher V. Hayes Four Years Later, Christine Schaack Mcgoey

Loyola University Chicago Law Journal

No abstract provided.


Criminal Sentencing Legislation Pending Before The Ninety-Seventh Congress, Timothy J. Frenzer Jan 1982

Criminal Sentencing Legislation Pending Before The Ninety-Seventh Congress, Timothy J. Frenzer

Loyola University Chicago Law Journal

No abstract provided.


Domestic Violence: Illinois Responds To The Plight Of The Battered Wife - The Illinois Domestic Violence Act, 16 J. Marshall L. Rev. 77 (1982), Mary Lou Boland Jan 1982

Domestic Violence: Illinois Responds To The Plight Of The Battered Wife - The Illinois Domestic Violence Act, 16 J. Marshall L. Rev. 77 (1982), Mary Lou Boland

UIC Law Review

No abstract provided.


Criminal Law: Homicide, Ellen Y. Suni Jan 1982

Criminal Law: Homicide, Ellen Y. Suni

Faculty Works

Substantive criminal law in Missouri has undergone substantial change in recent years. The most significant aspect of this change has been the adoption of the criminal code which discarded common law definitions of crime and redefined offenses in accord with the more modern Model Penal Code ap­proach. Although the code's drafters recommended major revision of the homicide statutes, these revisions were not ultimately adopted and the Mis­souri homicide statutes retained their common law approach. A combination of United States Supreme Court decisions, legislative activity and Missouri cases decided during the last decade, however, have led to important develop­ments in the …


Subjective Or Objective - Ups And Downs Of The Test Of Criminal Liability In England, John C. Smith Jan 1982

Subjective Or Objective - Ups And Downs Of The Test Of Criminal Liability In England, John C. Smith

Villanova Law Review (1956 - )

No abstract provided.


Sentencing Provisions And Considerations In The Federal System, Stanley J. Roszkowski Honorable Jan 1982

Sentencing Provisions And Considerations In The Federal System, Stanley J. Roszkowski Honorable

Loyola University Chicago Law Journal

No abstract provided.


Sentencing Under The Federal Youth Corrections Act: When May A Youth Be Treated As An Adult?, Cynthia A. Kelly Jan 1982

Sentencing Under The Federal Youth Corrections Act: When May A Youth Be Treated As An Adult?, Cynthia A. Kelly

Loyola University Chicago Law Journal

No abstract provided.


Current Developments In Corrections And The Lawyer's Role At Sentencing, Walter Dickey Jan 1982

Current Developments In Corrections And The Lawyer's Role At Sentencing, Walter Dickey

Loyola University Chicago Law Journal

No abstract provided.


Multiple Convictions Statute In Ohio: Has It Achieved Its Intended Result, Dale A. Nowak, Jeffrey A. Key Jan 1982

Multiple Convictions Statute In Ohio: Has It Achieved Its Intended Result, Dale A. Nowak, Jeffrey A. Key

Cleveland State Law Review

The Ohio Allied Offense Statute is a codification of the common law doctrine of merger and is the Ohio legislature's attempt to insulate criminal defendants from harsh and absurd punishment. This Article discusses the relationship of certain constitutional guarantees against multiple punishments to the Allied Offense Statute and the multiple punishment controversy in Ohio.


Capital Punishment In Ohio: Aggravating Circumstances, Elaine C. Hilliard Jan 1982

Capital Punishment In Ohio: Aggravating Circumstances, Elaine C. Hilliard

Cleveland State Law Review

The state of Ohio enacted a new death penalty statute which became effective October 19, 1981. As of January 18, 1983, eighty-three defendants had been indicted under the new statute. It is, therefore, both necessary and timely to evaluate Ohio's statutory delineation of who may die and its effect for compliance with constitutional mandates. This Note sets forth the hypotheses and supporting legal authority for analyzing Ohio's statutory aggravating circumstances individually and in the aggregate on equal protection and procedural due process grounds.


Burden Of Proof With Respect To The Defense Of Withdrawal From Conspiracy: United States V. Read, Alan S. Fox Jan 1982

Burden Of Proof With Respect To The Defense Of Withdrawal From Conspiracy: United States V. Read, Alan S. Fox

Cardozo Law Review

No abstract provided.


The Destruction Of Subpoenaed Corporate Records, Michael D. Risley Jan 1982

The Destruction Of Subpoenaed Corporate Records, Michael D. Risley

Kentucky Law Journal

No abstract provided.


Supplementing The Functional Test Of Prosecutorial Immunity, Anthony J. Luppino Jan 1982

Supplementing The Functional Test Of Prosecutorial Immunity, Anthony J. Luppino

Faculty Works

No abstract provided.


Prison Overcrowding As Cruel And Unusual Punishment In Light Of Rhodes V. Chapman, Elizabeth F. Edwards, Nancy G. Lagow Jan 1982

Prison Overcrowding As Cruel And Unusual Punishment In Light Of Rhodes V. Chapman, Elizabeth F. Edwards, Nancy G. Lagow

University of Richmond Law Review

The prison population in the United States is experiencing a period of tremendous growth. Due to the inability of prison construction to keep pace with this growth, prison facilities throughout the country have become severely overcrowded. "The typical prison of the last third of the twentieth century has changed relatively little from the institutions of 150 years earlier." Inmates, forced to live under these conditions, have flocked to the courts seeking relief. Yet, until its 1981 decision in Rhodes v. Chapman, the United States Supreme Court had never reviewed a case in which particular prison conditions were challenged as constituting …


Prosecutorial Discretion And Discrimination In The Decision To Charge, Amy G. Applegate Jan 1982

Prosecutorial Discretion And Discrimination In The Decision To Charge, Amy G. Applegate

Articles by Maurer Faculty

No abstract provided.