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12-03-1976 Notes From Oral Argument, Harry A. Blackmun

Codd v. Velger, 429 U.S. 624 (1977)

Harry A. Blackmun's handwritten notes from oral argument.

Florida's Incompetency-To-Stand Trial Rule: A Possible Life Sentence?, Frank A. Vickory

Florida State University Law Review

No abstract provided.

12-01-1976 Notes From Oral Argument, Harry A. Blackmun

Codd v. Velger, 429 U.S. 624 (1977)

Harry A. Blackmun's handwritten notes from oral argument.

Criminal Law, Charles H. Weston, Walker P. Johnson Jr.

Mercer Law Review

The several hundred criminal cases decided by the Georgia Supreme Court and the Georgia Court of Appeals have been gleaned in an effort to present what we believe are the most interesting and informative. As we went through these cases, one thing became evident: Some relief must be given to the courts in their monumental task of hearing an increasing number of appeals and writs.

In categorizing the cases, we have used broad characterization in some instances but have headlined a very narrow point in others. In any event, the heading should point a reader in the right direction.

'Materiality' Limits Prosecutors' Duty To Disclose Exculpatory Evidence To Defense, James K. Knight Jr.

Mercer Law Review

In United States v. Agurs, the U.S. Supreme Court held for the first time that criminal prosecutors have a constitutional duty to voluntarily disclose exculpatory evidence to a defendant even when the defense doesn't request such evidence. The Court, however, limited the scope of this new obligation by narrowly defining the category of material evidence to which it applies. It held that the duty arises only when the exculpatory evidence is so material that had it been disclosed, its use at trial would have created a reasonable doubt of the defendant's guilt that did not otherwise exist.

Respondent Agurs …

11-29-1976 Notes From Oral Argument, Harry A. Blackmun

Codd v. Velger, 429 U.S. 624 (1977)

Harry A. Blackmun's notes from oral argument.

Sentencing Study, Dan Kilpatric, Jack Brummel

Washington Law Review

Sentencing constitutes the critical connection between the criminal law and the penal system. Therefore, any analysis of sentencing involves fundamental and perplexing questions about the purposes and problems of the criminal justice system. This comment will focus on one of those problems: the exercise of judicial discretion in sentencing.

Criminal Law—Multiple Punishment Under The Organized Crime Control Act—A Need For Reexamination Of Wharton's Rule And Double Jeopardy—Iannelli V. United States, 420 U.S. 770 (1975), Christopher L. Koch

Washington Law Review

Robert lannelli and seven other petitioners were charged with conspiring to violate and violating 18 U.S.C. § 1955, a federal gambling statute which makes it a crime for five or more persons to conduct, finance, manage, supervise, direct, or own a gambling business prohibited by state law. Each petitioner was convicted of both offenses, and each was sentenced under both counts. On appeal the petitioners argued that conviction of both conspiracy and the substantive offense was precluded by Wharton's Rule, a common law exception to the principle that a substantive offense and a conspiracy to commit the offense are distinct …

Consent In Criminal Law: Violence In Sports, Michigan Law Review

Michigan Law Review

Because there have been few criminal prosecutions for violence in sports, there are several difficult issues that have received only cursory analysis. This Note will focus on one such issue-the existence and effect of the consent of the injured party. In section I, it will analyze the various general theories relating to the nature of actual consent and will suggest that the current theoretical framework's emphasis on ascertaining the victim's subjective state of mind is, in some contexts, ill-conceived and unhelpful. It will argue that societal interests involved in human interactions should become a major focus of any analysis, particularly …

A Review Of The Presentence Diagnostic Study Procedure In North Carolina, Charles E. Smith

North Carolina Central Law Review

No abstract provided.

Reforming The Federal Criminal Code: A Congressional Response, Edward M. Kennedy

North Carolina Central Law Review

No abstract provided.

Craig V. Boren, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Brewer V. Williams, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Ingraham V. Wright, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Coker V. Georgia, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Santa Fe Industries, Inc. V. Green, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Castaneda V. Partida, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

United States V. Donovan, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

United States V. Antelope, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

The Criminal Justice Act - 1964 To 1976, Dudley B. Bonsal

Indiana Law Journal

Colloquium: The Federal Judiciary: Essays from the Bench

Objectivity And Habeas Corpus: Should Federal District Court Judges Be Permitted To Rule Upon The Validity Of Their Own Criminal Trial Conduct?, Marilyn L. Kelley

University of Michigan Journal of Law Reform

It has already been suggested that one of the main purposes of section 2255 was to provide a convenient forum in which the trial judge might testify, if necessary. That purpose is, obviously, contrary to the interpretation rendered in Carvell.

Beyond this inconsistency, Carvell suggests two significant issues: first, that it is highly desirable that the motions be passed upon by the judge who is familiar with the facts; and second, that the criminal trial judge is not likely to be misled by allegations in the 2255 petition as to what had occurred. The first issue raises the question …

". . . We Are The Living Proof . . . ", Frederic L. Faust

Florida State University Law Review

By David Fogel. Cincinnati, Ohio: The W. H. Anderson Co. 1975. Pp. xxi, 328. $9.50.

The Federal Bank Robbery Act - The Problem Of Separately Punishable Offenses

William & Mary Law Review

No abstract provided.

Duress As A Defence To Murder, John Beaumont

Dalhousie Law Journal

It is perhaps not surprising that in an age which has witnessed an ever increasing amount of terrorist activity, an opportunity should arise for the courts to examine the present status of the defence of duress in the criminal law. Such an opportunity was afforded to the House of Lords recently in Director of Public Prosecutions for Northern Ireland v. Lynch.

Duress As A Defence To Murder, John Beaumont

Dalhousie Law Journal

It is perhaps not surprising that in an age which has witnessed an ever increasing amount of terrorist activity, an opportunity should arise for the courts to examine the present status of the defence of duress in the criminal law. Such an opportunity was afforded to the House of Lords recently in Director of Public Prosecutions for Northern Ireland v. Lynch.

Duress As A Defence To Murder, John Beaumont

Dalhousie Law Journal

It is perhaps not surprising that in an age which has witnessed an ever increasing amount of terrorist activity, an opportunity should arise for the courts to examine the present status of the defence of duress in the criminal law. Such an opportunity was afforded to the House of Lords recently in Director of Public Prosecutions for Northern Ireland v. Lynch.

The Law Of Confessions - The Voluntariness Doctrine, Fredric I. Lederer

Faculty Publications

No abstract provided.

Book Reviews, Frank J. Remington, George B. Tindall

Vanderbilt Law Review

Fair and Certain Punishment

Review by Frank J. Remington

Punishing Criminals. By Ernest van den Haag. New York: BasicBooks, Inc., 1975. Thinking About Crime. By James Q. Wilson. New York: BasicBooks, Inc., 1975.

Times change. So also do opinions about important social problems such as crime and government's response to crime. The books of both van den Haag and Wilson reflect changing opinions on crime and on what to do about crime. Both urge that we abandon the view that social conditions are an important cause of crime and that an improvement in social conditions will reduce crime substantially.Both urge …

9-15-1976 Notes From Oral Argument, Harry A. Blackmun

Darden v. Florida, 430 U.S. 704 (1977)

Harry A. Blackmun's handwritten notes from oral argument.

"A Most Deplorable Paradox": Admitting Illegally Obtained Evidence In Georgia--Past, Present, And Future, Donald E. Wilkes Jr.

Scholarly Works

This Article explores the admissibility of illegally obtained evidence in Georgia criminal cases prior to 1961 and during the post-Mapp era and endeavors to assess the future admissibility of illegally seized evidence in Georgia under both federal and state law.