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Due process

Discipline
Institution
Publication Year
Publication
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Articles 151 - 180 of 231

Full-Text Articles in Criminal Procedure

Due Process Jan 1996

Due Process

Touro Law Review

No abstract provided.


A Disparity That Is Worlds Apart: The Federal Sentencing Guidelines Treatment Of Crack Cocaine And Powder Cocaine, Kimberley Mache Maxwell Apr 1995

A Disparity That Is Worlds Apart: The Federal Sentencing Guidelines Treatment Of Crack Cocaine And Powder Cocaine, Kimberley Mache Maxwell

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


In Defense Of The Outrageous Government Conduct Defense In The Federal Courts, Dana M. Todd Jan 1995

In Defense Of The Outrageous Government Conduct Defense In The Federal Courts, Dana M. Todd

Kentucky Law Journal

No abstract provided.


Section 1983 Litigation, Martin A. Schwartz Jan 1995

Section 1983 Litigation, Martin A. Schwartz

Touro Law Review

No abstract provided.


Defendant's Right To Be Present In New York: A "Constatutory" Right, Steven N. Malitz Jan 1995

Defendant's Right To Be Present In New York: A "Constatutory" Right, Steven N. Malitz

Touro Law Review

No abstract provided.


Avoiding Error In Closing Argument, H. Patrick Furman Jan 1995

Avoiding Error In Closing Argument, H. Patrick Furman

Publications

No abstract provided.


A Comparison Of The Federal And New York State Rape Shield Statutes, Deborah Stavile Bartel Jan 1994

A Comparison Of The Federal And New York State Rape Shield Statutes, Deborah Stavile Bartel

Touro Law Review

No abstract provided.


Cornerstones Of The Judicial Process, Jerold H. Israel Jan 1993

Cornerstones Of The Judicial Process, Jerold H. Israel

Articles

Under our federated system of government, each state and the federal government have their own criminal justice processes. The federal system must comply with the constitutional prerequisites set forth in the Bill of Rights, and the state systems must comply with those Bill of Rights' provisions made applicable to the states by the Fourteenth Amendment,1 but those constitutional prerequisites allow considerable room for variation from one jurisdiction to another. In many respects, the fifty states and the federal government have used that leeway to produce considerable diversity in their respective criminal justice processes. At the same time, however, one can …


States' Right To Confine "Not Guilty By Reason Of Insanity" Acquittees After Foucha V. Louisiana, David S. Wisz Jan 1993

States' Right To Confine "Not Guilty By Reason Of Insanity" Acquittees After Foucha V. Louisiana, David S. Wisz

Kentucky Law Journal

No abstract provided.


Right To Be Present Jan 1993

Right To Be Present

Touro Law Review

No abstract provided.


Right To Be Present Jan 1993

Right To Be Present

Touro Law Review

No abstract provided.


Right To Be Present Jan 1993

Right To Be Present

Touro Law Review

No abstract provided.


Habeas After The Revolution, Joseph L. Hoffmann, William J. Stuntz Jan 1993

Habeas After The Revolution, Joseph L. Hoffmann, William J. Stuntz

Articles by Maurer Faculty

No abstract provided.


Protective Sweep Incident To A Lawful Arrest: An Analysis Of Its Validity Under The Federal And New York State Constitution, Steven M. Fox Jan 1992

Protective Sweep Incident To A Lawful Arrest: An Analysis Of Its Validity Under The Federal And New York State Constitution, Steven M. Fox

Touro Law Review

No abstract provided.


Right To Be Present Jan 1992

Right To Be Present

Touro Law Review

No abstract provided.


Tribe V. Mancha, No. 90-C-1355, 91-Ap-03 (Blkft. Tr. Ct. App., Aug. 29, 1991), Blackfeet Appellate Court Aug 1991

Tribe V. Mancha, No. 90-C-1355, 91-Ap-03 (Blkft. Tr. Ct. App., Aug. 29, 1991), Blackfeet Appellate Court

Court Decisions

The Court of Appeals for the Blackfeet Indian Reservation dismissed the case against the defendant because he was denied his right to a speedy trial by jury. The Court found that the standard timeframe accepted by most courts for a speedy trial is 180 days, and Mancha was brought to trial after 284 days. The Court held that this delay in the trial date violated the defendant’s rights as defined in Rule 58, Chapter 9 of the Blackfeet Law and Order Code. The Court further ordered that the trial court implement a procedure at arraignment for documenting waiver of jury …


Confessions, Criminals, And Community, Sheri Lynn Johnson Jul 1991

Confessions, Criminals, And Community, Sheri Lynn Johnson

Cornell Law Faculty Publications

No abstract provided.


Due Process Jan 1991

Due Process

Touro Law Review

No abstract provided.


Due Process Jan 1991

Due Process

Touro Law Review

No abstract provided.


Due Process Jan 1991

Due Process

Touro Law Review

No abstract provided.


Due Process Jan 1991

Due Process

Touro Law Review

No abstract provided.


Due Process Jan 1991

Due Process

Touro Law Review

No abstract provided.


Due Process Jan 1991

Due Process

Touro Law Review

No abstract provided.


Speech Or Debate Clause Jan 1991

Speech Or Debate Clause

Touro Law Review

No abstract provided.


Where To Draw The Guideline: Factoring The Fruits Of Illegal Searches Into Sentencing Guidelines Calculations, Cheryl G. Bader, David S. Douglas Jan 1990

Where To Draw The Guideline: Factoring The Fruits Of Illegal Searches Into Sentencing Guidelines Calculations, Cheryl G. Bader, David S. Douglas

Touro Law Review

No abstract provided.


Sandra Day O’Connor, Abortion, And Compromise For The Court, Susan M. Halatyn Jan 1989

Sandra Day O’Connor, Abortion, And Compromise For The Court, Susan M. Halatyn

Touro Law Review

No abstract provided.


Postsentence Sentencing: Determining Probation Revocation Sanctions, Bradford Mank Jan 1988

Postsentence Sentencing: Determining Probation Revocation Sanctions, Bradford Mank

Faculty Articles and Other Publications

Although procedural due process requirements govern the proof of a violation in a probation revocation hearing, judges exercise almost total discretion in deciding what sanctions to impose once a violation is established. These postsentence judgments can be as important as the initial sentencing. Sanctions for even minor probation violations can range from obligating a probationer to meet with his probation officer more frequently to executing a suspended prison sentence. The Supreme Court recognized in Morrissey v. Brewer that the choice of sanctions is often more complex than the proof of a violation. Principles must be developed to regulate postsentence sentencing. …


Preventative Pretrial Detention And The Failure Of Interest-Balancing Approaches To Due Process, Albert W. Alschuler Dec 1986

Preventative Pretrial Detention And The Failure Of Interest-Balancing Approaches To Due Process, Albert W. Alschuler

Michigan Law Review

This article, echoing Highmore's treatise of 1783, maintains that neither a legitimate nor a very important governmental interest can justify preventive detention in the absence of significant proof of past wrongdoing or an inability to control one's behavior. Both the Supreme Court's neglect of this issue and Congress' similar neglect in the preventive detention provisions of the Federal Bail Reform Act of 1984 reveal the extent to which cost-benefit analysis has captured American law and threatened core concepts of individual dignity.

The article does not oppose all forms of preventive pretrial detention. To the contrary, it recognizes that the detention …


Pennsylvania V. Ritchie, Lewis F. Powell Jr. Oct 1986

Pennsylvania V. Ritchie, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Constitutional Law—Criminal Procedure—Eighth Amendment Bars Execution Of The Insane, Jonathan Taylor Apr 1986

Constitutional Law—Criminal Procedure—Eighth Amendment Bars Execution Of The Insane, Jonathan Taylor

University of Arkansas at Little Rock Law Review

No abstract provided.