CRIMINAL LAW - ESSAYS ON CRIMINAL LAW SELECTED FROM THE PAGES OF THE HARVARD LAW REVIEW

• NCJ Number: 8880
• Author(s): ANON
• Date Published: 1972
• Length: 551 pages
• Corporate Author: Harvard Law Review Assoc
• Sale Source: Harvard Law Review Assoc
• Language: English
• Country: United States of America

Annotation

EIGHTEEN OF THE MOST AUTHORITATIVE LEGAL ARTICLES ON THE SUBSTANTIVE AND PROCEDURAL CRIMINAL LAW WRITTEN BETWEEN THE YEARS 1928 AND 1972.

Abstract

THESE ARTICLES ARE GROUPED INTO FOUR CATEGORIES THEORETICAL BASES OF CRIMINAL LAW, SUBSTANTIVE SCOPE OF CRIMINAL LAW, PROCEDURAL SAFEGUARDS, AND ADMINISTRATION OF THE CRIMINAL LAW. MANY OF THE TOPICS CONSIDERED IN THIS VOLUME WERE CONTROVERSIAL AND UNRESOLVED AREAS OF THE LAW WHEN THE ESSAYS WERE WRITTEN. THE SECTION ON THEORY DEALS WITH THE DIFFICULTIES OF FORMULATING A RATIONAL PENAL CODE, POLICE AND JUDICIAL DISCRETION, AND FEDERAL WRITS OF HABEAS CORPUS FOR STATE PRISONERS. CRIMINAL CONSPIRACY, CRIMES OF PERSONAL CONDITION SUCH AS VAGRANCY, AND CRIMINAL ATTEMPTS ARE EXAMINED TO DETERMINE WHETHER OR NOT THEY FALL WITHIN THE PROPER SCOPE OF THE CRIMINAL LAW. THE PROCEDURAL SAFEGUARDS SECTION FOCUSES ON CONFESSIONS AND DOUBLE JEOPARDY RULES, THE DEATH PENALTY, AND THE EXCLUSIONARY RULE IN SEARCH AND SEIZURE CASES. ADMINISTRATIVE TOPICS INCLUDE PROSECUTORIAL DISCOVERY, PLEA BARGAINING, COMMITMENT OF THE MENTALLY ILL, AND PREVENTIVE DETENTION.