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VOLUME 18 - CHAPTER 305
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Research Notes
305.18.01
Rape Shield Law
305.18.1 Reckless Driving
305.18.2 Refusal Of Witness To Testify
305.18.3 Resisting Arrest
305.18.4 Respective Duties Of Judge And Jury
305.18.5 Robbery
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305.18.01 Rape Shield Law
Article: "Whodunit" Versus "What Was Done": When to Admit Character Evidence in Criminal Cases, 79 N.C.L. Rev. 939 (2001).
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305.18.1 Reckless Driving
Death on The Highway: Reckless Driving as Murder, 67 Or. L. Rev. 799, 1988, David Luria.
Double Jeopardy--acquittal of Reckless Driving Does Not Bar Trial on Vehicular Homicide Charge, 79 Harv. L. Rev. 433, December, 1965.
Pending Nonfelony Driving Offenses--prosecution for Reckless Driving and Driving under the Influence, 24 Pac. L.J. 784, January, 1993, Review of Selected 1992 California Legislation, Timothy K. Talbot.
What Amounts to Reckless Driving of Motor Vehicle Within Statute Making Such a Criminal Offense, 52 ALR2d 1337.
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305.18.2 Refusal Of Witness To Testify
Amicus Curiae Brief on Protective Measures for Victims and Witnesses, Submitted by Dean and Professor of Law, 7 Crim. L.F. 179, 1996, International Tribunal for the Former Yugoslavia, Christine Chinkin.
Behind the Locked Door of an American Grand Jury: its History, its Secrecy, and its Process, 24 Fla. St. U. L. Rev. 1, Fall, 1996, Mark Kadish.
Inferences Arising from Refusal of Witness Other than Accused to Answer Question on the Ground That Answer Would Tend to Incriminate Him, 24 ALR2d 895.
United States v. Dinapoli [Fna]: Admission of Exculpatory Grand Jury Testimony Against the Government under Federal Rule of Evidence 804(b)(1), 61 Brook. L. Rev. 543, Summer 1995, Valerie A. Depalma.
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305.18.3 Resisting Arrest
Behind the Locked Door of an American Grand Jury: its History, its Secrecy, and its Process, 24 Fla. St. U. L. Rev. 1, Fall, 1996, Mark Kadish.
Instructions on Defense and Justification, CRMJIII MA-CLE 3-i (Main Handbook) Massachusetts Continuing Legal Education, Inc. June, 1999, Massachusetts Superior Court Criminal Practice Jury Instructions, Chapter 3, Hon. S. Jane Haggerty, Esq., Michael J. Traft, Esq.
Modern Status of Rules as to Right to Forcefully Resist Illegal Arrest, 44 ALR3d 1078.
Patterns of Injustice: Police Brutality in the Courts, 47 Buff. L. Rev. 1275, Fall 1999, Susan Bandes.
Prosecuting Police Misconduct, 2000 Wis. L. Rev. 789, 2000, John V. Jacobi..
Proving the Lie: Litigating Police Credibility, 26 Am. J. Crim. L. 455, Summer 1999, David N. Dorfman.
Resisting Arrest--Unlawful Arrest--The Pennsylvania Supreme Court Held That Resistance to an Arrest Found to be Unlawful Cannot Result in a Conviction For Resisting Arrest But Can Result in a Conviction For Aggravated Assault, 34 Duq. L. Rev. 755-75, Spring 1996, A.W. Tauson.
Right to Resist Excessive Force Used in Accomplishing Lawful Arrest, 77 ALR3d 281.
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305.18.4 Respective Duties Of Judge And Jury
Informed Conviction: Instructing the Jury about Mandatory Sentencing Consequences, 95 Colum. L. Rev. 1232, June, 1995, Kristen K. Sauer.
Instructions to Jury: Sympathy to Accused as Appropriate Factor in Jury Consideration, 72 ALR3d 842.
Qualified Immunity and the Allocation of Decision-making Functions Between Judge and Jury, 90 Colum. L. Rev. 1045, Columbia Law Review May, 1990, Henk J. Brands.
Reappraising the Jur's Role as Finder of Fact, 20 Ga. L. Rev. 123, Fall, 1985, Martin A. Kotler.
Statutory Interpretation And The Federalization of Criminal Law, 86 J. Crim. L. & Criminology 1167, Summer, 1996, Supreme Court Review, Peter J. Henning.
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305.18.5 Robbery
Admissibility, in robbery prosecution, of evidence of other Robberies, 42 Alr2d 854.
Admissibility of Evidence of Accused's Drug Addiction or Use to Show Motive for Theft of Property Other than Drugs, 2 ALR4th 1298.
Coercion, Compulsion, or Duress as Defense to Charge of Robbery, Larceny, or Related Crime, 1 ALR4th 481.
Direction to Jury on Attempted Robbery [Great Britain], 56 J.Crim.L. 155, May 1992.
Effect of Failure or Refusal of Court, in Robbery Prosecution, to Instruct on Assault and Battery, 58 ALR2d 808.
Limiting Effect of Evidence of Other Robberies, 42 ALR4th 885.
Robbery, Attempted Robbery, or Assault to Commit Robbery, as Affected by Intent to Collect or Secure Debt or Claim, 88 ALR3d 1309.
Single or Separate Larceny Predicated upon Stealing Property from Different Owners at the Same Time, 37 Alr3d 1407.
Use of Force or Intimidation in Retaining Property or in Attempting to Escape, Rather than in Taking Property, as Element of Robbery, 93 ALR3d 643.
Admissibility, in Robbery Prosecution, of Evidence of Other Robberies, 42 ALR2d 854.
Admissibility of Evidence of Accused's Drug Addiction or Use to Show Motive for Theft of Property Other than Drugs, 2 ALR4th 1298.
Coercion, Compulsion, or Duress as Defense to Charge of Robbery, Larceny, or Related Crime, 1 ALR4th 481.
Direction to Jury on Attempted Robbery [Great Britain] 56 J. Crim.L. 155, May 1992.
Effect of Failure or Refusal of Court, in Robbery Prosecution, to Instruct on Assault and Battery, 58 ALR2d 808.
Purse Snatching as Robbery or Theft, 42 ALR3d 1381.
Robbery, Attempted Robbery, or Assault to Commit Robbery, as Affected by Intent to Collect or Secure Debt or Claim, 88 ALR3d 1309.
Single or Separate Larceny Predicated upon Stealing Property from Different Owners at the Same Time, 37 ALR3d 1407.
Use of Force or Intimidation in Retaining Property or in Attempting to Escape, Rather than in Taking Property, as Element of Robbery, 93 ALR3d 643.