Law Commons^™

Texas Code Of Criminal Procedure Requires That Grand Jury Commissioner Be A Freeholder., Robert A. Shivers

St. Mary's Law Journal

Abstract Forthcoming.

The Jury System And Special Verdicts., Judge Ernest Guinn

St. Mary's Law Journal

A jury is entitled to know what it is doing by its verdict. As such, it is satisfying in charging a jury to explain fully and completely the legal principles involved in a case, the rights and duties of the parties, and the facts that the jury must deduct from the evidence presented to reach a verdict. Those who hold contrary views do not trust jurors, and in fact, do not trust the jury system. The views of professors, lawyers, and judges on this question and the reasoning for and against a full disclosure of the case to a jury …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Civil Rights--Personal Injury--Intent to Injure Is Not a Prerequisite to Recovery for Police Abuse Under Section 1983

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Constitutional Law--Abortion--Statute Prohibiting Abortion of Unquickened Fetus Violates Mother's Constitutional Right of Privacy

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Constitutional Law--Obscenity--State Statute Allowing Injunction Against Dissemination of Allegedly Obscene Material Prior to Adversary Hearing Not Violative of First Amendment

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Constitutional Law--Right of Privacy--State Statute Requiring Disclosure of All Substantial Financial Interests of Public Officials is Overbroad and an Unconstitutional Invasion of Privacy

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Constitutional Law--Sixth Amendment--Admission of Prior Inconsistent Statements as Substantive Evidence Does Not Violate Right of Confrontation

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Criminal Procedure--Search and Seizure--Warrantless Search of …

Criminal Procedure—Re-Arrest Of Parolees: Washington Legislative Standards And Constitutional Considerations—Ch. 98, Wash. Laws Of 1968, Anon

Washington Law Review

During its 1969 Regular Session the Washington Legislature enacted legislation governing parole revocation hearings and re-enacted existing provisions concerning the arrest and initial detention of suspected parole violators. The re-enacted portion of the statute provides that any parole or probation officer may arrest a parolee without a warrant when he has "reason to believe" that a convicted person has violated any state statute or a condition of his parole. The prisoner is not to be released until the board acts to reinstate his parole status

Opinions—Criminal Procedure—Misdemeanant's Right To Counsel: Legislative Inaction Resolves Constitutional Doubts?—Hendrix V. Seattle, 76 Wn. 2d 142, 456 P.2d 696 (1969), Anon

Washington Law Review

Since Gideon v. Wainwright was decided, a major question has been: to what crimes does the indligent's constitutional right to trial counsel at public expense extend? The Washington and Oregon Supreme Courts recently considered the question and reached conflicting results.

Juvenile Courts - Proper Quantum Of Proof In Juvenile Hearings. In Re Samuel Winship, 90 S. Ct. 1068 (1970), Dennis L. Beck

William & Mary Law Review

No abstract provided.

Criminal Procedure—Search And Seizure—Electronic Eavesdropping—Abortion: Recording Of Voluntary Conversation Between Police Agent And Defendant Admissible In Evidence.—State V. Wright, 74 Wn. 2d 355, 444 P.2d 867 (1968), Anon

Washington Law Review

Informed that defendant had committed an abortion in his home, the police hired a female agent who made arrangements with the defendant by telephonic conversations, which were monitored and recorded. The agent, equipped with a hidden transmitter, kept her appointment and transmitted defendant's explanation of the abortion to the police, who again monitored and recorded the conversation. That evening she returned to defendant's home and paid the fee, and, as defendant prepared her for the operation, sent the conversation to monitoring police, who recorded it. All monitoring was done without prior court order. Just before the operation was to occur, …

Criminal Law--Right To Counsel At Revocation Of Probation, Steven C. Hanley

West Virginia Law Review

No abstract provided.

Criminal Procedure—Lineups—Right To Counsel: "Independence" Of In-Court Identification Of Criminal Defendant From Previous Lineup Identification Inadmissible Due To Absence Of Counsel.—State V. Redmond, 75 Wash. Dec. 2d 64, 448 P.2d 938 (1968, Anon

Washington Law Review

Virginia Rohn, alone in her beverage store, was robbed by an unmasked man who remained in the store for approximately five minutes. At a police lineup, five days later, she identified defendant as the robber. Defendant's counsel filed a pre-trial motion to suppress the lineup identification because defendant had not been afforded prior opportunity to contact counsel and counsel had not been present at the lineup. After a preliminary hearing, the trial judge suppressed the lineup identification but ruled that Virginia Rohn was not legally precluded from making an in-court identification. Upon conviction, defendant appealed assigning error to the admission …

Informing A Jury Of The Legal Effect Of Its Answers., James G. Denton

St. Mary's Law Journal

Limiting jury consideration to facts, as opposed to the outcome, best serves special issue systems. The purpose of the special issues system is to ensure juries answer the presented questions without bias or prejudice. Though several writers have persuasively advocated for advising juries of the consequences of their findings, doing so seems to undermine the purpose of special issue systems because it allows for juries to answer questions with reference to their desired outcome. To ensure juries answer issues on the facts alone, trial judges should not give a jury, directly or indirectly, any information that may apprise them of …

Statutory Presumption Of Illegal Importation Of Cocaine Is Unconstitutional., Ricardo D. Palacios

St. Mary's Law Journal

Abstract Forthcoming.

Federal Habeas Corpus, Kevin M. Clermont

Cornell Law Faculty Publications

No abstract provided.

The New Local Criminal Rules For The Northern District Of Illinois, Terence F. Maccarthy, Kevin M. Forde

Loyola University Chicago Law Journal

No abstract provided.

Some Observations On Waiver In Indiana Criminal Appeals: The Substantial Re-Adoption Of Rule 1-14b In Trial Rule 59, Francis X. Mccloskey

Indiana Law Journal

No abstract provided.

Criminal Restitution: A Survey Of Its Past History And An Analysis Of Its Present Usefulness, Richard E. Laster

University of Richmond Law Review

In the complex structure often inappropriately designated the system of criminal justice,a there are few visible signs of consideration for the party who suffers most from criminal activity-the victim. Yet, historically, this was not always the situation, nor is it necessarily true today in countries other than the United States. Even in the United States compensation plans for victims of crime have been passed by a few state legislatures, and most state statutes on probation allow restitution by the criminal to his victim as a condition thereof. In addition, at the less visible levels of the criminal legal process, restitution …

Foreword: Waiver Of Constitutional Rights: Disquiet In The Citadel, Michael E. Tigar

Faculty Scholarship

Foreword to Harvard Law Review review of Supreme Court 1969 Term

The Quest For Balance In Bail: The New South Wales Experience, R.P. Roulston

University of Richmond Law Review

The right to bail is as old as the law of England itself and it is, as Lord Devlin has remarked, "indeed curious that fundamental questions concerning it have never been settled. The system so far has worked satisfactorily without providing any occasion for their resolution."

Recent Legislation

University of Richmond Law Review

This is a list of the recent legislation from 1970.

Toward Effective Criminal Discovery: A Proposed Revision Of Federal Rule 16, Alan M. Lieberman

Villanova Law Review

No abstract provided.

Juveniles And Their Right To A Jury Trial, Timothy E. Foley

Villanova Law Review

No abstract provided.

Criminal Procedure For Juvenile Offenders In Ethiopia, Stanley Z. Fisher

Faculty Scholarship

The purpose of this article is to set out, in summary fashion, the law concerning juvenile offenders in Ethiopia. Our focus will be on procedural rather than substantive aspects-insofar as it is possible to separate the two-and particularly upon the enforcement of constitutional guarantees in the process.

First Amendment "Due Process", Henry Paul Monaghan

Faculty Scholarship

A number of recent Supreme Court opinions, primarily in the obscenity area, have fastened strict procedural requirements on governmental action aimed at controlling the exercise of first amendment rights. Professor Monaghan believes that there are two basic principles that can be distilled from these cases: that a judicial body, following an adversary hearing, must decide on the protected character of the speech, and that the judicial determination must either precede or immediately follow any governmental action which restricts speech. The author argues that these two broad principles should limit any governmental activity which affects freedom of speech, no matter how …

A Model Of Criminal Process: Game Theory And Law, Robert L. Birmingham

Articles by Maurer Faculty

No abstract provided.

Criminal Procedure - Right To Counsel - Indentification Evidence, Marcia I. Lappas

Duquesne Law Review

The Court of Appeals for the Third Circuit, by extending the rule of United States v. Wade, has held that an accused who is in custody has a right to counsel at pre-trial photographic identifications; that evidence of such out-of-court identifications conducted in the absence of the accused's counsel is not admissible at trial; and that the eyewitnesses in question are not competent to make in-court identifications.

United States v. Zeiler, 427 F.2d 1305 (3d Cir. 1970).

Over a period of more than five years, the Pittsburgh area was the victim of a series of bank robberies, all …

Criminal Procedure - Plea Bargaining, Stanley M. Stein

Duquesne Law Review

The Supreme Court of Pennsylvania has held that any participation by a trial judge in the plea bargaining process prior to trial is forbidden.

Commonwealth v. Evans, 434 Pa. 52, 252 A.2d 689 (1969).

Assistance In Addition To Counsel For Indigent Defendants: The Need For, The Lack Of, The Right To, Dennis W. Alexander

Villanova Law Review

No abstract provided.

The Standard Of Proof In Juvenile Proceedings: Gault Beyond A Reasonable Doubt, James Hillson Cohen

Michigan Law Review

Some of those who have studied the question of the appropriate standard of proof in juvenile proceedings have determined that the "preponderance of the evidence" standard-the standard applied in civil cases-is sufficient, and that the criminal standard should not be applied in such cases. Others have suggested that the standard-of proof question is unimportant since the particular standard which is required will seldom, if ever, make a difference to the outcome of a case. The first of these views is the subject to which the bulk of this Article is addressed; the second can be rebutted by the observation that …

American Bar Association Project On Minimum Standards For Criminal Justice: Standards Relating To Trial By Jury (Approved Draft), Melvin M. Belli

Michigan Law Review

A Review of American Bar Association Project on Minimum Standards for Criminal Justice: Standards Relating to Trial by Jury (Approved Draft). Recommended by the Advisory Committee on the Criminal Trial

The Machinery Of Criminal Justice In England And The United States, William Burns Lawless

Journal Articles

This article will lay side by side the major structures of the English and American criminal law procedures and will attempt to draw some conclusions helpful to strengthening American technique. Such a comparison is relevant at this time because of the mounting concern of the American people with the problem of crime and the particular feeling that, in some mysterious way, our courts or the men who man them have not properly responded to the cruel waves of lawlessness which engulf us. In other quarters, there is a feeling that the police are either inept or inadequate to the challenge …

Decision Trees, Peter L. Strauss, Michael R. Topping

Faculty Scholarship

The object of this paper is to inform those concerned with the administration of justice in Ethiopia – particularly, criminal justice – about a new and simple procedure which may assist in procuring uniform interpretation and application of laws and regulations. The problem of uniform interpretation and application is particularly severe where, as in Ethiopia, new laws must be interpreted and applied by persons who have not yet had the opportunity of formal legal education. For these persons the discovery of the relevant code articles and the understanding of their interrelationships and application must be very difficult indeed. One possible …