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Juvenile Courts--Juveniles In Delinquency Proceedings Are Not Constitutionally Entitled To The Right Of Trial By Jury--Mckeiver V. Pennsylvania, Michigan Law Review
Juvenile Courts--Juveniles In Delinquency Proceedings Are Not Constitutionally Entitled To The Right Of Trial By Jury--Mckeiver V. Pennsylvania, Michigan Law Review
Michigan Law Review
At a hearing in the juvenile court of Philadelphia in October 1968, Joseph McKeiver was declared a "delinquent child" and placed on probation by a juvenile court judge who determined that McKeiver had violated a Pennsylvania law. The juvenile court petition charged McKeiver, then sixteen years old, with robbery, larceny, and receiving stolen goods as the result of an incident in which McKeiver and twenty or thirty other youths took twenty-five cents from three teenagers. Despite the fact that the evidence against McKeiver consisted primarily of the weak and inconsistent testimony of two of the victims, the juvenile court judge, …
Constitutional Law--The Right To A Jury Trial In Disbarment Proceedings, Michigan Law Review
Constitutional Law--The Right To A Jury Trial In Disbarment Proceedings, Michigan Law Review
Michigan Law Review
Lawyers in the United States have long been considered officers of the court, subject to examination for good moral character and adequate education in law before admission to the bar. They have also been subject to summary proceedings for disbarment whenever they have deviated from accepted standards of conduct embodied in various codes of professional ethics. Although the specific grounds for disbarment vary from state to state and between federal and state courts, one thing is clear: in the absence of a specific statutory provision there traditionally has been no right to a jury trial in disbarment proceedings. Since the …
Criminal Law-Confessions-Admission Of Illegally Obtained Confession In State Criminal Prosecution Is Harmless Error Not Requiring Reversal Of Conviction--People V. Jacobson, Michigan Law Review
Criminal Law-Confessions-Admission Of Illegally Obtained Confession In State Criminal Prosecution Is Harmless Error Not Requiring Reversal Of Conviction--People V. Jacobson, Michigan Law Review
Michigan Law Review
Defendant voluntarily admitted that he had murdered his daughter to a social worker, two ambulance attendants, and three police officers sent to investigate the incident. He continued to declare his guilt to these officers after his arrest, on the way to the police station, and at the police station where he was interrogated without the benefit of counsel although he had not waived his right to counsel. All of the confessions-approximately ten-were admitted in evidence at the defendant's trial over his objection that the two confessions obtained during the interrogation should have been excluded since he had been denied his …
Constitutional Right To Jury Trial In Criminal Contempt Cases?-United States V. Barnett, Michigan Law Review
Constitutional Right To Jury Trial In Criminal Contempt Cases?-United States V. Barnett, Michigan Law Review
Michigan Law Review
Federal courts historically have had the power to try criminal contempt cases without a jury. There is a virtually uninterrupted 150-year line of cases which holds that contempt is not a "Crime" or "criminal prosecution" within the meaning of article III and the sixth amendment to the Constitution. Superficially, the decision in United States v. Barnett is in accord with these precedents. However, in an important "dictum," footnote number 12, the majority cautioned that "punishment by summary trial without a jury would be constitutionally limited to that penalty provided for petty offenses." Although the Court itself styles this comment a …
Kamisar, Inbau & Arnold: Criminal Justice In Our Time, Theodore Souris
Kamisar, Inbau & Arnold: Criminal Justice In Our Time, Theodore Souris
Michigan Law Review
A Review of Criminal Justice in Our Time by Yale Kamisar, Fred E. Inbau, and Thurman Arnold
Appointment Of Non-Lawyer Counsel In Courts-Martial Does Not Violate The Fifth Or Sixth Amendment--United States V. Culp, Michigan Law Review
Appointment Of Non-Lawyer Counsel In Courts-Martial Does Not Violate The Fifth Or Sixth Amendment--United States V. Culp, Michigan Law Review
Michigan Law Review
Defendant, a Marine Corps private, was charged with larceny, and naval officers who were not lawyers were appointed as trial and defense counsel. The accused pleaded guilty to six specifications of larceny, and, upon trial by a special court-martial, was given a bad conduct discharge from the service. The board of review, on its own motion, held the guilty plea improvident and stated that, under the sixth amendment, the accused was entitled to counsel qualified in the law unless he had intelligently waived this right. Upon certification by the Judge Advocate General of the Navy to the Court of Military …
The Constitution And Contempt Of Court, Ronald Goldfarb
The Constitution And Contempt Of Court, Ronald Goldfarb
Michigan Law Review
Few legal devices find conflict within the lines of our Constitution with the ubiquity of the contempt power. These conflicts involve issues concerning the governmental power structure such as the separation of powers and the delicate balancing of federal-state relations. In addition, there are civil rights issues attributable to the conflict between the use of the contempt power and such vital procedural protections as the right to trial by jury, freedom from self-incrimination, double jeopardy, and indictment-to name only the most recurrent and controversial examples. Aside from these problems, there are other civil liberties issues, such as those involving freedom …
Betts V. Brady Twenty Years Later: The Right To Counself And Due Process Values, Yale Kamisar
Betts V. Brady Twenty Years Later: The Right To Counself And Due Process Values, Yale Kamisar
Michigan Law Review
I am quite distressed by talk that the landmark case of Mapp v. Ohio "suggests by analogy" that the Court may now overrule Betts v. Brady. For whether one talks about the fourth or the sixth amendment, there is much to be said for Justice Harlan's dissenting views in Mapp. "[W]hatever configurations ... have been developed in the particularizing federal precedents" should not be "deemed a part of 'ordered liberty,' and as such ... enforceable against the States .... [W]e would not be true to the Fourteenth Amendment were we merely to stretch the general principle [ of …
Constitutional Law - Due Process And Right Of Confrontation- Jencks Act, Robert J. Margolin S.Ed.
Constitutional Law - Due Process And Right Of Confrontation- Jencks Act, Robert J. Margolin S.Ed.
Michigan Law Review
The Jencks Act like the rule it purportedly reaffirmed, was designed to insure "justice." Although the stated purpose of the act was to preserve the rights of any defendant under due process of law, the question remains unresolved whether, in articulating the rule in terms of "justice," the Court in Jencks v. United States incorporated it into the requirements of due process. To be sure, the underlying intent of both the Court and Congress is unclear, but of far more concern than the intent is whether the Jencks Act, in fact, violates the constitutional mandates of the Fifth and Sixth …
Constitutional Law - Courts-Martial - Power Of Congress To Provide For Military Jurisdiction Over Civilian Dependents, Gerald M. Smith
Constitutional Law - Courts-Martial - Power Of Congress To Provide For Military Jurisdiction Over Civilian Dependents, Gerald M. Smith
Michigan Law Review
Defendants, civilian wives of servicemen living overseas, were tried and convicted of murder by military court-martial under article 118 of the Uniform Code of Military Justice. Their trials took place in the countries where they were living with their husbands. Defendants brought petitions for a writ of habeas corpus challenging the constitutionality of article 2(11) of the Uniform Code authorizing their trials by court-martial. Initially the United States Supreme Court rejected this contention. On rehearing, held, reversed, two justices dissenting. The guarantee of the right to jury trial contained in article 3, section 2, and the guarantees of the …
Constitutional Law - Right To Counsel In Juvenile Court, John A. Ziegler Jr.
Constitutional Law - Right To Counsel In Juvenile Court, John A. Ziegler Jr.
Michigan Law Review
In April 1953 petitioner was found to have violated a law by the juvenile court. Being under the age of eighteen, he was committed to the National Training School for Boys of the District 0£ Columbia. He was paroled about a year later but was re-arrested in March 1955 for violation of his parole and brought before the United States Parole Board. Before the parole board could take action he petitioned the federal district court for a writ of habeas corpus on the ground that the action of the juvenile court in 1953 had been unconstitutional in that petitioner had …
Criminal Procedure - Venue - Federal Offenses Committed Outside The Jurisdiction Of Any State Or District, Richard R. Dailey
Criminal Procedure - Venue - Federal Offenses Committed Outside The Jurisdiction Of Any State Or District, Richard R. Dailey
Michigan Law Review
The defendant, an army staff sergeant, was under custody at Fort Meade, Maryland, awaiting disposition of charges of sodomy lodged against him under the Articles of War. After a delay of four months, the charges were dropped and he was shipped by the Army to Fort Jay, New York, where he was separated from the service. Immediately upon his release, he was arrested by the Federal Bureau of Investigation under a commissioner's warrant charging him with treason committed in Japan during a prior enlistment in the army. At the trial in the District Court for the Southern District of New …
Constitutional Law - Right To Effective Assistance Of Counsel In Federal Courts And Waiver Thereof, Richard M. Adams S.Ed.
Constitutional Law - Right To Effective Assistance Of Counsel In Federal Courts And Waiver Thereof, Richard M. Adams S.Ed.
Michigan Law Review
Indicted for illegal traffic in narcotics, petitioner and his trial counsel allegedly attempted to fabricate an alibi on the false testimony of petitioner's girl friend. The evidence indicated that on several occasions before trial, the girl was invited to the office of petitioner's attorney, given narcotics, and told to memorize certain false testimony to be used in petitioner's defense. Later the girl bad a change of mind and agreed to testify for the government Despite the strenuous objections of defendant's counsel, a description of this alleged fraud on the court was given in the prosecution's opening statement, and the witness …
Beaney: The Right To Counsel In American Courts, William M. Kunstler
Beaney: The Right To Counsel In American Courts, William M. Kunstler
Michigan Law Review
A Review of The Right to Counsel in American Courts. By William M. Beaney
Federal Procedure - Availability Of Coram Nobis In Federal Cases Involving Right Of Counsel, John Leddy S.Ed.
Federal Procedure - Availability Of Coram Nobis In Federal Cases Involving Right Of Counsel, John Leddy S.Ed.
Michigan Law Review
ln 1939 Robert Morgan pleaded guilty to a charge of mail theft and was sentenced by a federal district court to four years imprisonment. He served the term and was released. In 1950 he was convicted of a crime in New York state and sentenced as a second offender because of his previous federal conviction. In 1952 he made application to the district court of original sentence for a common law writ of coram nobis, seeking an order vacating and setting aside his conviction by that court on the ground that he was not given assistance of counsel and had …
Constitutional Law-Due Process Clause-Right Of An Accused To Have Counsel Appointed By The Court, Frank H. Roberts
Constitutional Law-Due Process Clause-Right Of An Accused To Have Counsel Appointed By The Court, Frank H. Roberts
Michigan Law Review
On May 16, 1932, petitioner, then seventeen years of age, was arraigned, tried, convicted of murder in the first degree and sentenced to life imprisonment. Petitioner was without legal assistance throughout these proceedings, was never advised of his rights to counsel, was never informed of the consequences of a guilty plea and, as disclosed by the record, was considerably confused as to the effect of such plea. In 1945, he moved for leave to file a delayed motion for new trial in the court in which he was convicted, on the ground that there had been serious impairment of his …
Constitutional Law - Home Owners Loan Corporation Act - Penalties Clause
Constitutional Law - Home Owners Loan Corporation Act - Penalties Clause
Michigan Law Review
An indictment under the penalties clause of the Home Owners Loan Corporation Act, brought before the promulgation of authorization of charges for services rendered, was dismissed on the ground that, prior to such authorization, the act was not sufficiently definite to satisfy the Sixth Amendment to the Constitution of the United States. United States v. Willard, (D. C. W.D.Mich.No.4057, September 27, 1934) 2 U.S.LAW WEEK, index p. 99.