Journal of Criminal Law and Criminology articles from March 1997

Journal of Criminal Law and Criminology archives from March 1997

Foreword: Montana v. Egelhoff - reflections on the limits of legislative imagination and judicial authority.(Supreme Court Review)
March 22, 1997... Editor's note: This article is the result of an experiment conducted by Prof. Allen, the Journal, and the Crimprof List Server on the Internet. Prof. Allen posted the manuscript of this article on the list along with an open invitation to list...

The Supreme Court rejects Fifth and Fourteenth Amendment protection against the forfeiture of an innocent owner's property.(Supreme Court Review)
March 22, 1997... I. INTRODUCTION In Bennis v. Michigan(1) the Supreme Court upheld the forfeiture of an automobile in which one of the joint owners engaged in a sexual act with an alleged prostitute, notwithstanding the other owner's lack of knowledge...

Go directly to jail, do not pass go, do not keep house.(Supreme Court Review)
March 22, 1997... I. INTRODUCTION In United States v. Ursery,(1) the Supreme Court reviewed two cases from the Sixth and Ninth Circuit Courts of Appeal. Both appellate courts held that the Double jeopardy Clause of the Fifth Amendment(2) prohibited the...

Sword or shield: due process and the fugitive disentitlement doctrine.(Supreme Court Review)
March 22, 1997... I. INTRODUCTION In Degen v. United States,(1) the United States Supreme Court addressed whether to expand the fugitive disentitlement doctrine(2) beyond its traditional criminal appeals setting to the context of civil forfeiture.(3)...

A case for harmless review of Ake errors.(Supreme Court Review)
March 22, 1997... I. INTRODUCTION In Tuggle v. Netherland,(1) the Supreme Court ruled that the state of Virginia's use of a psychiatric expert's testimony at trial to prove part of its case against Tuggle, an indigent capital defendant, was an Ake...

Pleas, plain language and precedent: applicability of Rules 11(f) and 31(e) to criminal forfeiture provisions.(Supreme Court Review)
March 22, 1997... 1. INTRODUCTION In United States v. Libretti,(1) the United States Supreme Court held that the factual basis requirement of Rule 11(f) of the Federal Rules of Criminal Procedure does not apply to a forfeiture provision of a guilty...

Defining "use" of a firearm.(Supreme Court Review)
March 22, 1997... I. INTRODUCTION In Bailey v. United States,(1) the United States Supreme Court held that in order to "use" a firearm in relation to a drug-trafficking crime within the meaning of 18 U.S.C. [sections] 924(c) (1), a criminal defendant...

"Could" this be the end of Fourth Amendment protections for motorists?(Supreme Court Review)
March 22, 1997... Whren v. United States, 116 S. Ct. 1769 (1996) I. INTRODUCTION In Whren v. United States,(1) the Supreme Court established a bright-line rule that a police officer's traffic stop is justified by probable cause to believe that a...

Maybe soldiers have rights after all!(Supreme Court Review)
March 22, 1997... Loving v. United States, 116 S. Ct. 1737 (1996) I. INTRODUCTION In Loving v. United States,(1) the United States Supreme Court held that the separation of powers principle does not preclude Congress from delegating its...

Goodbye to the defense of selective prosecution.(Supreme Court Review)
March 22, 1997... United States v. Armstrong, 116 S. Ct. 1480 (1996) I. INTRODUCTION In United States v. Armstrong,(1) the Supreme Court granted certiorari to determine the standard of proof for a defendant in a criminal prosecution to obtain...

Changing the tide of double jeopardy in the context of the continuing criminal enterprise.(Supreme Court Review)
March 22, 1997... Rutledge v. United States, 116 S.Ct. 1241 (1996) I. INTRODUCTION In Rutledge v. United States,(1) the United States Supreme Court addressed the issue of whether a court may convict and impose concurrent sentences for continuing...

Protecting first federal habeas corpus petitions: closing the opening left by Gomez.(Supreme Court Review)
March 22, 1997... Lonchar v. Thomas, 116 S. Ct. 1293 (1996) I. INTRODUCTION In Lonchar v. Thomas,(1) the Supreme Court held that a court may not dismiss a first federal habeas corpus petition for ad hoc equitable reasons outside the framework of...

Rejecting the clear and convincing evidence standard for proof of incompetence.(Supreme Court Review)
March 22, 1997... Cooper v. Oklahoma, 116 S. Ct. 1373 (1996) I. INTRODUCTION In Cooper v. Oklahoma,(1) the United States Supreme Court examined whether a state could require a defendant to prove his incompetence to stand trial by clear and...

When rules are more important than justice.(Supreme Court Review)
March 22, 1997... Carlisle v. United States, 116 S. Ct. 1460 (1996) I. INTRODUCTION In Carlisle v. United States,(1) the United States Supreme Court held that a federal district court lacked the authority to grant a motion for judgment of...