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Powell V. Texas 109 S. Ct. 3146,106 L. Ed. 2d 551 (1989) United States Supreme Court Sep 1989

Hildwin V. Florida 109 S. Ct. 2055,104 L. Ed. 2d 728 (1989) United States Supreme Court Sep 1989

Evans V. Thompson 881 F.2d 117 (4th Cir. 1989) United States Court Of Appeals For The Fourth Circuit Sep 1989

The Constitutional Deficiencies Of Virginia's "Vileness" Aggravating Factor, Juliette A. Falkner Sep 1989

Hoke V. Commonwealth 237 Va. 303,377 S.E.2d 595 (1989) Supreme Court Of Virginia Sep 1989

Introduction, William S. Geimer Sep 1989

Penry V. Lynaugh 109 S. Ct. 2934,106 L. Ed. 2d 256 (1989) United States Supreme Court Sep 1989

Stanford V. Kentucky, Wilkins V. Missouri 109 S. Ct. 2969, 106 L. Ed. 2d 306 (1989) United States Supreme Court Sep 1989

Dugger V. Adams 109 S. Ct. 1211, 103 L. Ed. 2d 435 (1989) United States Supreme Court Sep 1989

Murray V. Giarrantano 109 S. Ct. 2765, 106 L. Ed. 2d 713 (1989) United States Supreme Court Sep 1989

Waye V. Townley 871 F.2d 18 (4th Cir. 1989) United States Court Of Appeals For The Fourth Circuit Sep 1989

Spencer V. Commonwealth Supreme Court Of Virginia Spencer I (Victim-Tucker): 1989 Va. Lexis 147, Wl 109529 (1989) And Spencer Ii (Victim-Davis): 1989 Va. Lexis 127, Wl 109530 (1989) Sep 1989

Watkins V. Commonwealth 1989 Va. Lexis 132 Supreme Court Of Virginia September 22, 1989 Sep 1989

Buchanan V. Commonwealth 1989 Wl 109169 (Va.) Supreme Court Of Virginia No. 890107, 890108 September 22, 1989 Sep 1989

Restrictions On The State's Use Of Mental Health Experts In Capital Trials, W. Lawrence Fitch Sep 1989

Is Preclusion Under Va. Code Ann. §19.2-264.3:1 Unconstitutional?, Elizabeth A. Bennett Sep 1989

Policing Hot Pursuits: The Discovery Of Aleatory Elements, Geoffrey P. Alpert, Roger G. Dunham Jul 1989

Tempered Zeal: A Columbia Law Professor's Year On The Streets With The New York City Police, Carol J. Sulcoski May 1989

Confusing The Fifth Amendment With The Sixth: Lower Court Misapplication Of The Innis Definition Of Interrogation, Jonathan L. Marks Apr 1989

Confusing The Fifth Amendment With The Sixth: Lower Court Misapplication Of The Innis Definition Of Interrogation, Jonathan L. Marks

Michigan Law Review

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This Note examines how these courts have applied or misapplied Innis, and concludes that, while many of these decisions are consistent with Miranda and Innis, too many others are not. In order to evaluate these cases, it is first necessary to understand the meaning and significance of Innis. Part I thus considers Innis and its background. Part II then examines lower court decisions applying the Innis test, dividing these decisions into six groups based on the most common factual scenarios. Because the cases deal with factually specific police practices, this method constitutes the most useful way to …

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Protecting The Inmate's Right To Refuse Antipsychotic Drugs—Harper V. State, 110 Wash. 2d 873, 759 P.2d 358 (1988), Cert. Granted, 109 S. Ct. 1337 (1989), Amanda E. Lee Apr 1989

Protecting The Inmate's Right To Refuse Antipsychotic Drugs—Harper V. State, 110 Wash. 2d 873, 759 P.2d 358 (1988), Cert. Granted, 109 S. Ct. 1337 (1989), Amanda E. Lee

Washington Law Review

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Antipsychotic drugs are used to treat mentally ill inmates in Washington prisons. Previously, inmates who refused drugs were entitled to an administrative hearing before involuntary treatment began. Harper v. State recognized a constitutional liberty interest in refusing antipsychotics, and established new measures, including a judicial hearing, notice, and appointed counsel, to protect the prisoner's interest. A due process analysis of the right to refuse demonstrates that the court's procedures may not go far enough to protect the inmate from unwanted treatment that cannot cure the mental illness and that may cause disabling side effects. Clearer definitions of state interests in …

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Police-Obtained Evidence And The Constitution: Distinguishing Unconstitutionally Obtained Evidence From Unconstitutionally Used Evidence, Arnold H. Loewy Apr 1989

Police-Obtained Evidence And The Constitution: Distinguishing Unconstitutionally Obtained Evidence From Unconstitutionally Used Evidence, Arnold H. Loewy

Michigan Law Review

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The article will consider four different types of police-obtained evidence: evidence obtained from an unconstitutional search and seizure, evidence obtained from a Miranda violation, confessions and lineup identifications obtained in violation of the sixth amendment right to counsel, and coerced confessions. My conclusions are that evidence obtained from an unconstitutional search and seizure is excluded because of the police misconduct by which it was obtained. On the other hand, evidence obtained from a Miranda violation is (or ought to be) excluded because use of that evidence compromises the defendant's procedural right not to be compelled to be a witness against …

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Search And Seizure: It's Time The Court Shed Some Light On The Use Of Ultraviolet Lamps, 22 J. Marshall L. Rev. 877 (1989), M. Jeffrey Tucker Jan 1989

Search And Seizure: It's Time The Court Shed Some Light On The Use Of Ultraviolet Lamps, 22 J. Marshall L. Rev. 877 (1989), M. Jeffrey Tucker

UIC Law Review

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No abstract provided.

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Prisons, Edward L. Ayers Jan 1989

Prisons, Edward L. Ayers

History Faculty Publications

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American penitentiaries developed in two distinct phases, and southern states participated in both. Virginia, Kentucky, Maryland, and Georgia built prisons before 1820, and between 1829 and 1842 new or newly reorganized institutions were established in Maryland, Tennessee, Georgia, Louisiana, Missouri, Mississippi, and Alabama. Only the Carolinas and Florida resisted the penitentiary before the Civil War.

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Wisconsin Sentence Modification: A View From The Trial Court, Kate Kruse, Kim E. Patterson Jan 1989

Wisconsin Sentence Modification: A View From The Trial Court, Kate Kruse, Kim E. Patterson

Faculty Scholarship

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In Wisconsin, trial courts have discretion to modify a defendant's criminal sentence if the defendant introduces a "new factor." Published Wisconsin case law gives little guidance on what constitutes a new factor. The Wisconsin Supreme Court has declined to find a new factor present in every case it has published since defining "new factor" in 1978. Because of ambiguous and conflicting rulings, the standards for both prongs of the new factor definition remain unclear. This Comment attempts to shed light on the new factor requirement for sentence modification by examining Wisconsin trial court decisions on a limited sample of sentence …

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Police Trespass And The Fourth Amendment: A Wall In Need Of Mending, 22 J. Marshall L. Rev. 795 (1989), Clifford S. Fishman Jan 1989

Police Trespass And The Fourth Amendment: A Wall In Need Of Mending, 22 J. Marshall L. Rev. 795 (1989), Clifford S. Fishman

UIC Law Review

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No abstract provided.

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Section 1983, Martin A. Schwartz, Honorable George C. Pratt, Leon Friedman Jan 1989

Section 1983, Martin A. Schwartz, Honorable George C. Pratt, Leon Friedman

Touro Law Review

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No abstract provided.

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The Legal Dimensions Of Private Incarceration, Ira P. Robbins Jan 1989

The Legal Dimensions Of Private Incarceration, Ira P. Robbins

Scholarly Articles in Law Reviews & Journals

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No abstract provided.

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The Early Role Of The Attorney General In Our Constitutional Scheme: In The Beginning There Was Pragmatism, Susan Low Bloch Jan 1989

The Early Role Of The Attorney General In Our Constitutional Scheme: In The Beginning There Was Pragmatism, Susan Low Bloch

Georgetown Law Faculty Publications and Other Works

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This article attempts to accomplish two distinct but related objectives. First, it initiates the proposed systematic study of the Office of the Attorney General by examining its early role. Second, it explores how these early experiences help to answer today's questions. To those ends, part I examines the establishment of the Office of the Attorney General. Studying the genesis of the office and contrasting it to the other significant offices created by the First Congress, such as the Secretaries of Foreign Affairs, War, and Treasury, reveals the priorities and concerns of these early legislators, many of whom had been instrumental …

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The Stop And Frisk Doctrine In Washington And The Rise And Fall Of Independent State Constitutional Analysis, Kurt Walters Jan 1989

The Stop And Frisk Doctrine In Washington And The Rise And Fall Of Independent State Constitutional Analysis, Kurt Walters

Washington Law Review

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As the United States Supreme Court expanded the scope and intensity limits of the stop and frisk doctrine, the Washington Supreme Court, in 1984, applied independent state constitutional analysis and held that article I, section 7 of the Washington State Constitution provides greater privacy protection in stop and frisk cases than the United States Constitution. Since then, however, the Washington court has abandoned its reliance on article I, section 7 in the stop and frisk context. This Comment examines this transition and concludes that the federal stop and frisk doctrine may not adequately protect fundamental privacy rights, and that the …

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Duckworth V. Eagan: A Little-Noticed Miranda Case That May Cause Much Mischief, Yale Kamisar Jan 1989

Duckworth V. Eagan: A Little-Noticed Miranda Case That May Cause Much Mischief, Yale Kamisar

Articles

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Professor Yale Kamisar, the country's foremost scholar of Miranda and police interrogation, presents an analysis and critique of the Supreme Court's latest interpretation of Miranda. In Duckworth, a 5-4 Court upheld the "if and when" language systematically used by the Hammond, Indiana, Police Department: "We have no way of giving you a lawyer, but one will be appointed for you, if you wish, if and when you go to court." The real issue was whether the police effectively conveyed the substance of a vital part of Miranda: the right to have a lawyer appointed prior to any questioning. Professor Kamisar …

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