Digital Commons Network^™

Covert Contingencies In The Right To The Assistance Of Counsel, Abraham S. Blumberg

Vanderbilt Law Review

On the basis of a sociological survey showing that a very large percentage of guilty pleas are induced by defense counsel, Professor Blumberg concludes that criminal justice is not structured on the adversary model which the Supreme Court's right to counsel decisions presuppose. He submits that the primary loyalty of defense counsel is to the criminal court "system," the informal organization of court officials on which they depend for their professional existence. He suggests further that the additional attorneys which will be required to implement the right to counsel decisions will simply serve to make the"system" more efficient in utilizing …

Criminal Law And Procedure -- 1963 Tennessee Survey, Robert E. Kendrick

Vanderbilt Law Review

1. Homicide. A number of years ago the Tennessee Supreme Court adopted the common law principle that one is justified in taking life in defense of his habitation when actually or apparently necessary to repel an attempt by another to enter forcibly or violently under circumstances creating a reasonable apprehension that the assailant's design is imminently to commit a felony therein or to assault or offer personal violence or inflict personal injury on an inmate so that there are reasonable grounds for concluding that life is endangered or great bodily harm is threatened thereby.'

Flippen v. State, a homicide case, …