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Articles 1 - 30 of 72
Full-Text Articles in Law
Constitutional Law--Double Jeopardy--Prosecutions By Both A City And A State For An Identical Offense As A Violation Of The Prohibition Against Double Jeopardy--Waller V. State, Michigan Law Review
Constitutional Law--Double Jeopardy--Prosecutions By Both A City And A State For An Identical Offense As A Violation Of The Prohibition Against Double Jeopardy--Waller V. State, Michigan Law Review
Michigan Law Review
In Benton v. Maryland, decided in June of this year, the Supreme Court explicitly extended fifth amendment protection against double jeopardy to the states through the fourteenth amendment. Palko was specifically overruled to the extent that it was inconsistent with the Benton decision. Thus, the theories traditionally used to defend prosecutions by both a city and a state for the same offense must be examined to determine whether they are still valid when the fifth amendment's prohibition against double jeopardy is applied to state proceedings. This Recent Development examines the implications of the Benton decision for those theories.
Supreme Court Of Texas Is Without Jurisdiction To Grant A Writ Of Mandamus To Direct A District Judge To Dismiss An Indictment In A Criminal Case On The Ground That Relator Was Denied A Speedy Trial., John A. Pizzitola
St. Mary's Law Journal
Abstract Forthcoming.
Preventive Detention And The Proposed Amendment To The Bail Reform Act Of 1966, Haldane Robert Mayer
Preventive Detention And The Proposed Amendment To The Bail Reform Act Of 1966, Haldane Robert Mayer
William & Mary Law Review
No abstract provided.
Book Review Of Comparative Constitutional Process, William F. Swindler
Book Review Of Comparative Constitutional Process, William F. Swindler
William & Mary Law Review
No abstract provided.
The Virginia Procedure For Commitment And Release Of Persons Acquitted By Reason Of Insanity, Donald E. Scearce
The Virginia Procedure For Commitment And Release Of Persons Acquitted By Reason Of Insanity, Donald E. Scearce
William & Mary Law Review
No abstract provided.
Wright: Federal Practice And Procedure, Criminal Procedure, J. Edward Lumbard, George W. Shadoan
Wright: Federal Practice And Procedure, Criminal Procedure, J. Edward Lumbard, George W. Shadoan
Michigan Law Review
Reviews of 3 Vols. By Charles Alan Wright
Reimbursement Of Defense Costs As A Condition Of Probation For Indigents, Michigan Law Review
Reimbursement Of Defense Costs As A Condition Of Probation For Indigents, Michigan Law Review
Michigan Law Review
It is extremely difficult to obtain precise information concerning the prevalence of this practice. There is only one reported case on the subject, and empirical evidence is almost wholly lacking because of the wide discretion granted sentencing courts in imposing probation conditions, and because of the reluctance of appellate courts to review the exercise of that discretion. However, courts have frequently imposed costs on nonindigent probationers, and in many jurisdictions the statutes which authorize such a probation condition with respect to solvent probationers seem broad enough to include indigents as well. Moreover, two recent studies have unearthed specific data which …
The Congressional Invitation To Avoid The Preliminary Hearing: An Analysis Of Section 303 Of The Federal Magistrates Act Of 1968, Patricia W. Weinberg, Robert L. Weinberg
The Congressional Invitation To Avoid The Preliminary Hearing: An Analysis Of Section 303 Of The Federal Magistrates Act Of 1968, Patricia W. Weinberg, Robert L. Weinberg
Michigan Law Review
Under prior law, it is true, many federal prosecutors routinely avoided preliminary hearings by securing continuances of the hearing date until after an indictment was obtained. But this ploy required a complaisant magistrate or an inert defendant. Moreover, the propriety of using continuances to circumvent the accused's right to a preliminary hearing had come under increasing and sometimes successful attack. Section 303, if literally construed, can legitimize the prosecutorial practice of mooting the defendant's right to a preliminary hearing under rule 5(c) by obtaining a relatively quick indictment. This predictable use or abuse of the Act should and can be …
Due Process Considerations In Police Showup Practices, Gordon G. Young
Due Process Considerations In Police Showup Practices, Gordon G. Young
Faculty Scholarship
No abstract provided.
The Limits Of The Criminal Sanction, By Herbert L. Packer, Roger B. Dworkin
The Limits Of The Criminal Sanction, By Herbert L. Packer, Roger B. Dworkin
Indiana Law Journal
No abstract provided.
The Confusion Of Confinement Syndrome Extended: The Treatment Of Mentally Ill Non-Criminal Criminals In New York, Grant H. Morris
The Confusion Of Confinement Syndrome Extended: The Treatment Of Mentally Ill Non-Criminal Criminals In New York, Grant H. Morris
Buffalo Law Review
No abstract provided.
Constitutional Law—Right To Counsel—Alleged Parole Violator Has Right To Counsel At A Parole Revocation Hearing, S. D. Hester
Constitutional Law—Right To Counsel—Alleged Parole Violator Has Right To Counsel At A Parole Revocation Hearing, S. D. Hester
Buffalo Law Review
People ex rel. Combs v. La Vallee, 29 A.D. 2d 128, 286 N.Y.S.2d 600 (4th Dept. 1968), appeal dismissed, 22 N.Y.2d 857, 293 N.Y.S.2d 117 (1968).
Imprisonment For Nonpayment Of Fines And Costs: A New Look At The Law And The Constitution, Paul M. Stein
Imprisonment For Nonpayment Of Fines And Costs: A New Look At The Law And The Constitution, Paul M. Stein
Vanderbilt Law Review
This note is based on the premise that a new understanding of the principles of sentencing has evolved during the past half-century. After articulating this thesis, one which has been more fully developed elsewhere, an assessment is made of the extent to which the more modern concepts of sentencing have been embodied in public policy as enunciated in statutes and court decisions, particularly decisions interpreting constitutional requirements. This examination reveals tha the existing rules and practices concerning imprisonment for fines and costs reflect uneasy compromises between competing policies and that these rules and practices are largely holdovers from an earlier …
Habeas Corpus Proceedings In The Supreme Court Of Texas., Joe Greenhill, Martin D. Beirne Jr.
Habeas Corpus Proceedings In The Supreme Court Of Texas., Joe Greenhill, Martin D. Beirne Jr.
St. Mary's Law Journal
Writs of habeas corpus, anchored both in the common law and Constitution of Texas, are vitally important to secure the freedom of those wrongfully imprisoned. However, minimal literature on the subject exists to assist attorneys who must prepare and present an application for writ of habeas corpus to the Supreme Court of Texas. To address the gap in literature, this article lays out the process attorneys should follow when filing a writ of habeas corpus. The most important items which should be brought before the Court are: (1) a motion for leave to file the application; (2) the application for …
Due Process And The Juvenile Offender., Carlos Cadena
Due Process And The Juvenile Offender., Carlos Cadena
St. Mary's Law Journal
For over sixty years, courts consistently found notions of due process inapplicable in juvenile proceedings. The goal of the juvenile court movement was to establish systems of education and protection of errant children, rather than deterrence and retribution. To accomplish these results, the juvenile court was shorn of all resemblance to criminal courts. Public hearings were to be avoided and the intervention of counsel was not required, since the juvenile judge represented both the child and the state. However, it became clear that children were receiving the protection of the state because they engaged in criminal conduct and with little …
Change Of Venue In Criminal Cases: Mandamus To Review A Pretrial Order
Change Of Venue In Criminal Cases: Mandamus To Review A Pretrial Order
Washington and Lee Law Review
No abstract provided.
The Use Of Prior Convictions To Impeach The Credibility Of The Criminal Defendant, James Alan Harris
The Use Of Prior Convictions To Impeach The Credibility Of The Criminal Defendant, James Alan Harris
West Virginia Law Review
No abstract provided.
A History Of Criminal Procedures As Related To Mental Disorders, Ralph Slovenko
A History Of Criminal Procedures As Related To Mental Disorders, Ralph Slovenko
West Virginia Law Review
No abstract provided.
Confessions--Right To Counsel Before Trial: The Indigent Defendant, Roy Mitchell Moreland
Confessions--Right To Counsel Before Trial: The Indigent Defendant, Roy Mitchell Moreland
Kentucky Law Journal
No abstract provided.
Volume 02 (Part 1 Of 6), Cuyahoga County Court Of Common Pleas
Volume 02 (Part 1 Of 6), Cuyahoga County Court Of Common Pleas
Ohio v. Fred Ahmed Evans: Trial record transcript, 1969
No abstract provided.
Volume 01 (Part 4), Cuyahoga County Court Of Common Pleas
Volume 01 (Part 4), Cuyahoga County Court Of Common Pleas
Ohio v. Fred Ahmed Evans: Trial record transcript, 1969
No abstract provided.
Volume 08 (Part 1 Of 4), Cuyahoga County Court Of Common Pleas
Volume 08 (Part 1 Of 4), Cuyahoga County Court Of Common Pleas
Ohio v. Fred Ahmed Evans: Trial record transcript, 1969
No abstract provided.
Volume 01 (Part 3), Cuyahoga County Court Of Common Pleas
Volume 01 (Part 3), Cuyahoga County Court Of Common Pleas
Ohio v. Fred Ahmed Evans: Trial record transcript, 1969
No abstract provided.
Volume 02 (Part 2 Of 6), Cuyahoga County Court Of Common Pleas
Volume 02 (Part 2 Of 6), Cuyahoga County Court Of Common Pleas
Ohio v. Fred Ahmed Evans: Trial record transcript, 1969
No abstract provided.
Volume 01 (Part 2), Cuyahoga County Court Of Common Pleas
Volume 01 (Part 2), Cuyahoga County Court Of Common Pleas
Ohio v. Fred Ahmed Evans: Trial record transcript, 1969
No abstract provided.
Volume 01 (Part 5), Cuyahoga County Court Of Common Pleas
Volume 01 (Part 5), Cuyahoga County Court Of Common Pleas
Ohio v. Fred Ahmed Evans: Trial record transcript, 1969
No abstract provided.
Volume 07 (Part 4 Of 4), Cuyahoga County Court Of Common Pleas
Volume 07 (Part 4 Of 4), Cuyahoga County Court Of Common Pleas
Ohio v. Fred Ahmed Evans: Trial record transcript, 1969
No abstract provided.
Volume 05 (Part 1 Of 3), Cuyahoga County Court Of Common Pleas
Volume 05 (Part 1 Of 3), Cuyahoga County Court Of Common Pleas
Ohio v. Fred Ahmed Evans: Trial record transcript, 1969
No abstract provided.
Volume 10 (Part 1 Of 4), Cuyahoga County Court Of Common Pleas
Volume 10 (Part 1 Of 4), Cuyahoga County Court Of Common Pleas
Ohio v. Fred Ahmed Evans: Trial record transcript, 1969
No abstract provided.
Volume 01 (Part 1 Of 5), Cuyahoga County Court Of Common Pleas
Volume 01 (Part 1 Of 5), Cuyahoga County Court Of Common Pleas
Ohio v. Fred Ahmed Evans: Trial record transcript, 1969
No abstract provided.