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Articles 151 - 180 of 236
Full-Text Articles in Criminal Procedure
Section 7: Criminal Law And Procedure, Institute Of Bill Of Rights Law, William & Mary Law School
Section 7: Criminal Law And Procedure, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
New Opportunities For Defense Attorneys: How Record Preservation Requirements In The 1996 Habeas Bill Expand Defense Strategies, Andrea Lyon
Law Faculty Publications
No abstract provided.
Managed Health Care In Prisons As Cruel And Unusual Punishment, Ira Robbins
Managed Health Care In Prisons As Cruel And Unusual Punishment, Ira Robbins
Scholarly Articles in Law Reviews & Journals
INTRODUCTION: Billy Roberts, a prisoner in an Alabama state prison, had a history of severe psychiatric disorders. He was often put on suicide watch, and received large doses of psychotropic drugs. A managed health care company, Correctional Medical Services (CMS), was responsible for the health care at the prison. After Roberts had a suicidal episode, CMS's statewide mental health care director reportedly put Roberts in an isolation cell rather than a psychiatric care unit. The mental health care director also ordered that Roberts' medication be discontinued pursuant to an alleged policy of CMS to get as many prisoners off psycho- …
Section 4: Criminal Law And Procedure, Institute Of Bill Of Rights Law, William & Mary Law School
Section 4: Criminal Law And Procedure, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Criminal Discovery: What Truth Do We Seek?, Milton C. Lee Jr.
Criminal Discovery: What Truth Do We Seek?, Milton C. Lee Jr.
University of the District of Columbia Law Review
No abstract provided.
Double Jeopardy: “Twice In Jeopardy”, Paul C. Giannelli
Double Jeopardy: “Twice In Jeopardy”, Paul C. Giannelli
Faculty Publications
No abstract provided.
Double Jeopardy: “Same Offense”, Paul C. Giannelli
Double Jeopardy: “Same Offense”, Paul C. Giannelli
Faculty Publications
No abstract provided.
Section 4: Criminal Law & Procedure, Institute Of Bill Of Rights Law, William & Mary Law School
Section 4: Criminal Law & Procedure, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 8: Criminal Law And Procedure, Institute Of Bill Of Rights Law, William & Mary Law School
Section 8: Criminal Law And Procedure, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
The Revitalization Of The Common-Law Civil Writ Of Audita Querela As A Post-Conviction Remedy In Criminal Cases: The Immigration Context And Beyond, Ira Robbins
Scholarly Articles in Law Reviews & Journals
Introduction: An alien lawfully enters the United States in 1972. He gets a job, gets married, and becomes a productive worker in the community. He is subsequently convicted of a felony, such as making false statements on a loan application. As a result, the Immigration and Naturalization Service (INS) brings deportation proceedings against him. The individual will seek any means possible to vacate the conviction, in order to stay in this country.' This Article explores whether the writ of audita querela. primarily used to provide post-judgment relief in civil cases at common law, can be used to challenge criminal …
In Case Of Confession, Andrea Lyon
Proving Entrapment Under The Predisposition Test, Paul Marcus
Proving Entrapment Under The Predisposition Test, Paul Marcus
Faculty Publications
No abstract provided.
The Use Of Prior Convictions To Impeach Criminal Defendants - Do The Risks Outweigh The Benefits?, James W. Betro
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 …
Attempting The Impossible: The Emerging Consensus, Ira Robbins
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 …
Press-Enterprise Co. V. Superior Court Of California For The County Of Riverside, Lewis F. Powell Jr.
Press-Enterprise Co. V. Superior Court Of California For The County Of Riverside, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Book Review: A Theory Of Criminal Justice By Jan Corecki. New York: Columbia University Press. 1979. Pp. Xv, 185. $15.00., Ira Robbins
Book Reviews
Review of A Theory of Criminal Justice by Jan Corecki. New York: Columbia University Press. 1979. Pp. xv, 185. $15.00.
The Cry Of Wolfish In The Federal Courts: The Future Of Federal Judicial Intervention In Prison Administration, Ira Robbins
The Cry Of Wolfish In The Federal Courts: The Future Of Federal Judicial Intervention In Prison Administration, Ira Robbins
Scholarly Articles in Law Reviews & Journals
Introduction: In Bell v. Wolfish, the United States Supreme Court held that, with respect to conditions or restrictions having no specific constitutional source for protection, a pretrial detainee in a federal correctional center has a right under the due process clause of the fifth amendment to be free from any punitive conditions or restrictions during detention. The Court further held that all of the challenged practices and conditions were valid because they were rationally related to the legitimate non-punitive purposes of the detention center. Thus, the correctional facility could place two detainees in a cell built for one, prohibit …
Joinder And Severance, Paul C. Giannelli, Peter Joy
Joinder And Severance, Paul C. Giannelli, Peter Joy
Faculty Publications
No abstract provided.
Joinder And Severance, Peter A. Joy, Paul C. Giannelli
Joinder And Severance, Peter A. Joy, Paul C. Giannelli
Scholarship@WashULaw
Joinder and severance issues may arise from either (1) the joinder of offenses allegedly committed by one defendant or (2) the joinder of defendants. The importance of joinder cannot be overestimated. As one commentator has noted: "The way in which the prosecutor chooses to combine offenses or defend ants in a single indictment is perhaps second in importance only to his decision to prosecute. Whether a defendant is tried en masse with many other participants in an alleged crime, or in a separate trial of his own, will often be decisive of the outcome.
Criminal Law - Federal Rule Of Criminal Procedure 41 Authorizes Electronic Intrusions If Probable Cause Established, All Writs Act Provides For An Order To A Third Party Commpelling Aid In Criminal Enforcement Proceeding If Third Party Could Otherwise Frustrate Administration Of Justice, Nina M. Gussack
Villanova Law Review (1956 - )
No abstract provided.
Duren V. Missouri, Lewis F. Powell Jr.
Smith V. Maryland, Lewis F. Powell Jr.
Jackson V. Virginia, Lewis F. Powell Jr.
Jackson V. Virginia, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Parker V. Randolph, Lewis F. Powell Jr.
Parker V. Randolph, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Criminal Procedure - Due Process Is Not Violated When Prosecutor Carries Out Threat To Bring Increased Charges After Defendant Refuses To Plead Guilty During Plea Bargaining Session, Catherine N. Jasons
Criminal Procedure - Due Process Is Not Violated When Prosecutor Carries Out Threat To Bring Increased Charges After Defendant Refuses To Plead Guilty During Plea Bargaining Session, Catherine N. Jasons
Villanova Law Review (1956 - )
No abstract provided.
A Trial Court Working With Rule 1100, Merna B. Marshall, Joseph H. Reiter
A Trial Court Working With Rule 1100, Merna B. Marshall, Joseph H. Reiter
Villanova Law Review (1956 - )
No abstract provided.
Pretrial Discovery And Inspection - New Criminal Rules For Pennsylvania, Madeline Hartsell Lamb
Pretrial Discovery And Inspection - New Criminal Rules For Pennsylvania, Madeline Hartsell Lamb
Villanova Law Review (1956 - )
No abstract provided.
The Opportunity Test Of Stone V. Powell: Toward A Redefinition Of Federal Habeas Corpus, Charles D. Ossola
The Opportunity Test Of Stone V. Powell: Toward A Redefinition Of Federal Habeas Corpus, Charles D. Ossola
Villanova Law Review (1956 - )
No abstract provided.
Santa Fe Industries, Inc. V. Green, Lewis F. Powell Jr.
Santa Fe Industries, Inc. V. Green, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Privacy: A Case For Accurate And Complete Criminal History Records, Thomas J. Madden, Helen S. Lessin
Privacy: A Case For Accurate And Complete Criminal History Records, Thomas J. Madden, Helen S. Lessin
Villanova Law Review (1956 - )
No abstract provided.