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Articles 271 - 300 of 391
Full-Text Articles in Criminal Procedure
A Due Process Analysis Of The Impeachment Use Of Silence In Criminal Trials, Barbara Rook Snyder
A Due Process Analysis Of The Impeachment Use Of Silence In Criminal Trials, Barbara Rook Snyder
William & Mary Law Review
No abstract provided.
Criminal Procedure In The Rehnquist Court: Has The Rehnquisition Begun?, Craig M. Bradley
Criminal Procedure In The Rehnquist Court: Has The Rehnquisition Begun?, Craig M. Bradley
Indiana Law Journal
No abstract provided.
Criminal Procedure, Susan K. Brown
Proving Entrapment Under The Predisposition Test, Paul Marcus
Proving Entrapment Under The Predisposition Test, Paul Marcus
Faculty Publications
No abstract provided.
Criminal Procedure, C. Chilton Wise Iii, Brian A. Darst
Criminal Procedure, C. Chilton Wise Iii, Brian A. Darst
West Virginia Law Review
No abstract provided.
Criminal Procedure, Kathryn A. Kersting
Criminal Procedure, Kathryn A. Kersting
West Virginia Law Review
No abstract provided.
Criminal Procedure: Comparative Proportionality Review Of Death Sentences: Is It A Meaningful Safeguard In Oklahoma?, Linda Burgess
Criminal Procedure: Comparative Proportionality Review Of Death Sentences: Is It A Meaningful Safeguard In Oklahoma?, Linda Burgess
Oklahoma Law Review
No abstract provided.
Criminal Procedure And The Conflict Of Laws, John Bernard Corr
Criminal Procedure And The Conflict Of Laws, John Bernard Corr
Faculty Publications
No abstract provided.
Criminal Procedure, Linda Rae Artimez
Immediate Appeal From Counsel Disqualification In Criminal Cases, Lee I. Sherman
Immediate Appeal From Counsel Disqualification In Criminal Cases, Lee I. Sherman
William & Mary Law Review
No abstract provided.
The Habeas Corpus Certificate Of Probable Cause, Ira P. Robbins
The Habeas Corpus Certificate Of Probable Cause, Ira P. Robbins
Scholarly Articles in Law Reviews & Journals
No abstract provided.
The Availability Of A First Appearance And Preliminary Hearing - Now You See Them, Now You Don't, Linda A. Malone
The Availability Of A First Appearance And Preliminary Hearing - Now You See Them, Now You Don't, Linda A. Malone
Faculty Publications
No abstract provided.
Towards Neutral Principles In The Administration Of Criminal Justice: A Critique Of Supreme Court Decisions Sanctioning The Plea Bargaining Process, Malvina Halberstam
Towards Neutral Principles In The Administration Of Criminal Justice: A Critique Of Supreme Court Decisions Sanctioning The Plea Bargaining Process, Malvina Halberstam
Articles
This article compares the Court's reasoning in plea bargaining cases with its reasoning in non-plea-bargaining cases that involve the same legal principles. It analyzes the Court's arguments for sustaining guilty pleas induced by fear of the death penalty or by promises of leniency, and for sanctioning the imposition of harsher penalties on those who reject prosecutional offers to plead and insist on a trial. Finally, it briefly addresses the contention that the system for the administration of criminal justice in the United States could not function if use of a sentencing differential to induce guilty pleas were prohibited.
"Some Kind Of Hearing" In England, Charles H. Koch Jr.
"Some Kind Of Hearing" In England, Charles H. Koch Jr.
William & Mary Law Review
No abstract provided.
Defending Conspiracy Cases: Mission Impossible?, Paul Marcus
Defending Conspiracy Cases: Mission Impossible?, Paul Marcus
Popular Media
Defending conspiracy cases has never been an easy task. There were days in which joint trials of 20, 30, 40, or even 50 defendants were not uncommon, creating insuperable problems for defense lawyers. Even though large joint-defendant trials are not as common today, several problems remain, particularly in light of the frequent use of the conspiracy charge at the federal level. In this article I will discuss some of the recent issues which create special difficulties for criminal defense lawyers. With regard to these issues, there is, as some would say, good news and bad news.
Constitutional Law - Due Process Clause - Where New Prosecution Is Initiated For Additional Criminal Activity Not Specified In An Original Indictment, Actual Vindictiveness Is The Proper Standard To Determine Whether Such Prosecutorial Conduct Is Constitutionally Permissible, Peter R. Kahana
Villanova Law Review (1956 - )
No abstract provided.
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 …
The Defendant's Right To Independent Analysis Of The Breathalyzer Ampoule: The Probable Virginia Response, Anita L. Zuckerman
The Defendant's Right To Independent Analysis Of The Breathalyzer Ampoule: The Probable Virginia Response, Anita L. Zuckerman
William & Mary Law Review
No abstract provided.
The Preliminary Hearing: A Necessary Part Of Due Process, Andrea Lyon
The Preliminary Hearing: A Necessary Part Of Due Process, Andrea Lyon
Law Faculty Publications
No abstract provided.
Preliminary Hearings In Virginia, G. William Hammer
Preliminary Hearings In Virginia, G. William Hammer
William & Mary Law Review
No abstract provided.
The Rules Of Evidence In Preliminary Hearings In Virginia, Charles E. Friend
The Rules Of Evidence In Preliminary Hearings In Virginia, Charles E. Friend
William & Mary Law Review
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.
An Examination Of The Naming Requirement Of Tittle Iii In Light Of United States V. Donovan - A Case For Suppression, William D. Goldberg
An Examination Of The Naming Requirement Of Tittle Iii In Light Of United States V. Donovan - A Case For Suppression, William D. Goldberg
Villanova Law Review (1956 - )
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.
Criminal Procedure - Statements Made During A Prearraignment Delay That Exceeds Six Hours Ruled Inadmissible In Pennsylvania, Carol J. Young
Criminal Procedure - Statements Made During A Prearraignment Delay That Exceeds Six Hours Ruled Inadmissible In Pennsylvania, Carol J. Young
Villanova Law Review (1956 - )
No abstract provided.