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Tagged
criminal law


Wednesday, May 23rd, 2012
It may be that it is the obnoxious thing in its mildest and least repulsive form; but illegitimate and unconstitutional practices get their first footing in that way, namely, by silent approaches and slight deviations from legal modes of procedure.

Boyd v. United States

116 U.S. 616 (1886)


∞08:17 am, by lemonlines1 note Comments
[criminal law] [self-incrimination] [search and seizure] [Bradley] [law]

Wednesday, Jan 25th, 2012
4. In an Ivy League sort of way, it makes sense to address the “crack” question fifteen years after everyone else knew something was terribly wrong.

Richard G. Kopf, United States District Judge, District of Nebraska, from his January 2008 piece

The Top Ten Things I Learned From Apprendi, Blakely, Booker, Rita, Kimbrough and Gall
Ohio State Journal of Criminal Law 


∞10:21 am, by lemonlines15 notes Comments
[Ivy League] [Kopf] [Nebraska] [Ohio State] [Richard Kopf] [criminal law] [sentencing judge] [law journal] [law]

Monday, Dec 12th, 2011
Detached reflection cannot be demanded in the presence of an uplifted knife.

Brown v. U.S.

256 U.S. 335


∞11:52 pm, by lemonlines5 notes Comments
[homicide] [murder] [self-defense] [justification] [criminal law] [law] [Holmes]

Thursday, Dec 01st, 2011
Bizarre statements or actions, taken in isolation, do not require a court to hold a hearing to determine a defendant’s competence to stand trial… . the only bizarre statement was that Williams’s wife has been his wife since the world began, a perhaps poetic expression of love shared by many a husband.

People v. Murdoch

194 Cal. App. 4th 230


∞09:11 am, by lemonlines17 notes Comments
[criminal law] [competence] [competency] [mere bizarre actions] [law]

Thursday, Jun 16th, 2011
One of the strongest arguments in favor of the dueling system was the fact that it tended to eliminate sudden and bloody encounters between angry combatants; that the code of necessity gave time for passion to subside and sober reason to return; that it gave opportunity for the intervention of friends, and it was said that this of itself operated to prevent bloodshed. Whether this argument was sound or unsound is immaterial now. We know from the history of the age just gone that the code duello, as practiced by our fathers, was a formal and decorous system, the requirements of which were carried out with the most punctilious formality.

Ward v. Commonwealth

132 Ky. 636


∞12:15 am, by lemonlines Comments
[Kentucky] [criminal law] [duel] [law] [Wharton's Rule]

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