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NCJRS Abstract

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NCJ Number: 114710 Find in a Library
Title: Criminal Law Review, 1988
Editor(s): J G Carr
Date Published: 1988
Page Count: 684
Sponsoring Agency: Clark Boardman Company, Ltd
New York, NY 10014
Publication Number: ISBN 0-87632-615-7
Sale Source: Clark Boardman Company, Ltd
435 Hudson Street
New York, NY 10014
United States of America
Type: Legislation/Policy Analysis
Language: English
Country: United States of America
Annotation: Following an introduction to major U.S. Supreme Court and Federal and State court decisions on criminal law issues (e.g., rights of the accused, pretrial and trial procedures, sentencing, habeus corpus), this text offers analyses of constitutional, jury, evidentiary, and professional issues.
Abstract: The benefits of the guilty but mentally ill verdict in cases involving the insanity defense are discussed. Examinations of fourth amendment rights consider arbitrariness and police demands for identification, the validity of drug courier profiles, and the inevitable discovery exception. With respect to the fifth amendment, documentary evidence is discussed in relation to the privilege against self-incrimination, and statements and behaviors that constitute an accused's invocation of the right to counsel during custodial interrogation are considered. Sixth amendment issues are considered in relation to forfeiture of attorneys' fees and attorney disqualification motions. Jury selection and post-submission substitution of alternate jurors also are discussed. Among evidentiary issues elaborated are the ultimate issue rule in the insanity defense, the temporal admissibility standards for prior consistent statements, and evidentiary admissions by defense counsel. Finally disciplinary sanctions against prosecutors and the ethics of presenting a false defense in criminal cases are explored. Chapter footnotes. See NCJ-114711 to NCJ-114723 for individual chapters.
Main Term(s): Constitutional Rights/Civil Liberties
Index Term(s): Forfeiture law; Guilty but mentally ill; Insanity defense; Jury selection; Police legal limitations; Professional conduct and ethics; Rights of the accused; Rules of evidence
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