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Juries: Investments In Democracy, Richard O. Lempert

Law Quadrangle (formerly Law Quad Notes)

The following essay is based on a talk delivered last summer at an international conference on lay participation in criminal justice decision making organized by the Federation of Japanese Bar Associations, which held sessions in Tokyo, Osaka, and Kyoto. This talk was given in Tokyo. Speakers were from Argentina, Brazil, Denmark, France, Germany, Ireland, Japan, Russia, Spain, and the United States.

Counsel's Control Over Defense Strategy, Jerold H. Israel

Law Quadrangle (formerly Law Quad Notes)

editor's note: The article that follows is a condensation of a section of Criminal Procedure, a hornbook co-authored by Professor Israel and Wayne R. Lafave, and published by West Publishing Co. in 1985. That hornbook, in turn, is a condensation of the authors' three-volume treatise by the same title.

Prior to Faretta, a long line of cases had held that defense counsel had the authority to make various defense decisions on his own initiative. These decisions, commonly characterized as relating to matters of "strategy" or "tactics," were said to be within the "exclusive province" of the lawyer. Counsel had no …

The Morality Of Means: Some Problems In Criminal Sanctions, Francis A. Allen

Law Quadrangle (formerly Law Quad Notes)

This article is based on the Louis Caplan Lecture delivered by Prof. Allen on April 10, 1981, at the University of Pittsburgh School of Law. The full text of the lecture, and accompanying footnotes, will be published in the Pittsburgh Law Review.

In moments of exasperation , one may be tempted to misapply Mark Twain 's comment about the weather and complain that everyone talks about criminal justice, _but no one does anything about it. Sober second thought qmckly reveals, however, that the statement is not literally or even substantially true . Since the eighteenth-century Enlightenment much has been done, …

Police Interrogation And Confessions, Yale Kamisar

Law Quadrangle (formerly Law Quad Notes)

Excerpts taken from and based on Professor Kamisar's introduction to his book Police Interrogation and Confessions: Essays in Law and Policy (University of Michigan Press, 1980).These essays, written over two decades, constitute an historical overview of the Supreme Court's efforts to deal with the police interrogation-confessions problem from preMirando days to the present time and provide provocative analyses of the issues that have confronted the Court along the way.

Before deciding to publish a collection of Kamisar's essays on confessions, the University of Michigan Press asked for evaluations from two of the current leading writers on the subject, Professor Joseph …

Law And Order' On What Terms?, Francis A. Allen

Law Quadrangle (formerly Law Quad Notes)

Statement by Dean Francis A. Allen before the National Commission on the Causes and Prevention of Violence, October 30, 1968, in Washington, D. C.

To the founders of the American republic, "domestic tranquility" is not only one of the fruits of constitutional government, but is essential for the preservation of constitutional government. The founders recognized that violence is the enemy of liberty, but also that liberty may be overcome by the efforts of state officials to suppress private violence. Because the founders were concerned both with liberty and order, they devoted great attention to the regulation and control of governmental …

Are The Scales Of Justice Evenly Balanced?, Yale Kamisar

Law Quadrangle (formerly Law Quad Notes)

Remarks by Professor Yale Kamisar at a panel discussion of the Criminal Law Section of the American Bar Association, Honolulu, August 9, 1967

The topic for today seems to be a perennial favorite at meetings such as this one. Over the years, the question has often been asked in one form or another, and over the years the answer of almost all law enforcement officials and, I think, most members of the bench and bar, is the same - the scales are heavily, horribly, tilted in favor of the defendant. Only the names of the cases seem to change.