Law Commons^™

Correctional System Needs, Susan S. Cole

IUSTITIA

One of the most difficult and pressing problems now facing local, state and national leaders is the failure of the criminal justice system. There is ample evidence of the system's failure: during the years 1960 to 1969, when the population increased by 13%, crime increased 1487,' and it is still increasing. Yet, correctional institutions do not appear to be places where criminal behavior is changed or where offenders are rehabilitated. They appear to be, instead, places where offenders are exposed to the most advanced criminal techniques and the most extreme anti-social behavior. Recidivism rates are estimated as high as 8070.

Jury Selection In The State Of Indiana, Public Law Reform Organization

IUSTITIA

The task force was aware of some criticisms of the method of selection of jurors in Indiana courts, raised primarily by attorneys in motions and appellate briefs. A few court cases in Indiana, the federal courts, and other states, had also indicated possible constitutional flaws in a system of juror selection such as Indiana's. With an awareness of these complaints and possible defects, the organization conducted an empirical study of juror selection in Indiana in an attempt to find out how jurors are selected in actual practice, and then began legal research to determine if, in fact, there are legal …

Fuller V. Oregon, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Michigan V. Tucker, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Criminal Law-Confessions-- Government Can Satisfy Its Burden of Proving Waiver of Miranda Rights By Showing Warnings Given, Signed Waiver, and Proof of Defendant's Capacity to Understand the Warnings

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Criminal Procedure--Grand Jury-Attorney Work Product Consisting of Written Summaries and Personal Recollections of Interviews Is Privileged Against Disclosure at Federal Grand Jury Investigations

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Public Employees --Freedom of Association-Discharge of Non-policy-making Public Employees on Ground of Political Affiliation Infringes Employees' Freedom of Association

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Torts--Wrongful Death-Common--Law Cause of Action for Wrongful Death Exists Under Massachusetts Law

Restricted Venue In Suits Against National Banks: A Procedural Anachronism

William & Mary Law Review

No abstract provided.

Discretion In Felony Sentencing—A Study Of Influencing Factors, Barbara L. Johnston, Nicholas P. Miller, Ronald Schoenberg, Laurence Ross Weatherly

Washington Law Review

The desirability and constitutionality of discretionary criminal sentencing can be ascertained only if the factors influencing sentencing decisions are known. The authors analyze data generated by a 1971 survey of Washington State superior court trial judges in order to identify the significant factors and to evaluate their relative importance in criminal sentencing. The results indicate that discretionary sentencing is influenced strongly by social biases in no way dependent upon the culpability of the offender, his personal behavior patterns, or circumstances of the crime.

The Search And Seizure Of Private Papers: Fourth And Fifth Amendment Considerations, Steven H. Shiffrin

Cornell Law Faculty Publications

There is a recognizable factual distinction between the search and seizure of private papers and the search and seizure of non-documentary items. It is difficult, however, to decide when such a distinction should assume constitutional dimensions. Specifically, are there circumstances under which private papers should be immune from search and seizure? In a 1967 landmark case, Warden v. Hayden, the United States Supreme Court raised doubts concerning the continued validity of decades of settled law on this important issue. Warden's reopening of this problem aroused the curiosity of commentators, spurred new policy arguments in the American Law Institute, divided …

Criminal Procedure--Justice Of The Peace Courts--Increased Penalty Upon Trial De Novo, Anne C. Reppert

West Virginia Law Review

No abstract provided.

Adoptive Admissions In Custody And The Constitution

Washington and Lee Law Review

No abstract provided.

Criminal Procedure—Immunity: Fifth Amendment Privilege Against Self-Incrimination Eclipsed By Use Immunity—Kastigar V. United States, 406 U.S. 441 (1972), W. J. M.

Washington Law Review

Kastigar refused to answer questions during federal grand jury proceedings despite an order commanding him to answer and granting him use and derivative use immunity, protecting him from the use of his testimony or any evidence derived from it. Kastigar's refusal to testify was premised on the theory that the grant of immunity extended to him was constitutionally deficient and that only transactional immunity could supplant his fifth amendment privilege. The trial court found Kastigar in civil contempt and ordered him confined pursuant to section 301(a) of the Organized Crime Control Act of 1970. The United States Court of Appeals …

Criminal Procedure—Dismissals In The Futherance Of Justice—State V. Sonneland, 80 Wn. 2d 343, 494 P.2d 469 (1972), K. D. K.

Washington Law Review

In March 1969, Sonneland was charged with possession of marijuana, then a felony. His offer to plead guilty to a gross misdemeanor was accepted. Subsequently, a second bargain was made whereby Sonneland agreed to furnish information leading to the arrest of three dealers in exchange for a promise to dismiss all the charges against him. A continuance was granted to provide a cover, and in August 1969, Sonneland gave a tip which culminated in the arrest of three men. It was disputed whether all were dealers. In February 1970, the prosecuting attorney concluded that Sonneland would provide no further information …

Effects Of Alternative Types Of Counsel On Criminal Procedure Treatment, Stuart S. Nagel

Indiana Law Journal

No abstract provided.

Devitalization Of The Right To A Speedy Trial: The Per Case Method V. The Per Se Theory., J. Michael Myers

St. Mary's Law Journal

Abstract Forthcoming.

The Federal Jury., Joe J. Fisher

St. Mary's Law Journal

Abstract Forthcoming.

A Search Warrant Is Not Required Where There Is Probable Cause To Search A Chattel Consigned To A Carrier., Frank B. Murchison

St. Mary's Law Journal

Abstract Forthcoming.

Pretrial Disclosure Of Federal Grand Jury Testimony, William J. Knudsen, Jr.

Washington Law Review

The scope of this study is limited to what is probably the most criticized aspect of the traditional grand jury system, the restrictions on disclosure of grand jury proceedings, especially the criminal defendant's lack of access to a transcript of the testimony given before the grand jury which indicted him. Examining the history of the grand jury as it relates to the tradition of secrecy, this study discusses the philosophies underlying the practice and analyzes the impact of the Federal Rules of Criminal Procedure, federal statutes, and certain Supreme Court decisions on this tradition. This study concludes that there is …

Clearing The Path For An Entrapment Defense, Paul V. Hibberd

Kentucky Law Journal

No abstract provided.

Recent Development, Kirby V. Illinois, Stephen W. Gard

Stephen W. Gard

Pre-indictment identification confrontations, without presence of counsel, held constitutionally permitted.

Voir Dire In Federal Criminal Trials: Protecting The Defendant's Right To An Impartial Jury, Laura Cooper

Indiana Law Journal

No abstract provided.

The Emergency Doctrine Exception To The Warrant Requirement Under The Fourth Amendment, Edward G. Mascolo

Buffalo Law Review

No abstract provided.

Constitutional Law—Due Process Requires That Limits Be Placed On Psychiatric Confinement Commensurate With The Procedural Safeguards Employed In Obtaining That Confinement., Christopher B. Ashton

Buffalo Law Review

McNeil v. Director, Patuxent Institution, 407 U.S. 245 (1972).

Double Jeopardy: Mistrial Declared Without The Consent Of Defendant As A Bar To Reprosecution - Baker V. State

Maryland Law Review

No abstract provided.

Constitutional Law - Fourteenth Amendment Due Process - Representation By Counsel At Trial Is A Prerequisite To The Imposition Of Any Sentence Of Imprisonment Absent Valid Waiver, William J. Lehane

Villanova Law Review

No abstract provided.

The Communication Of The Supreme Court's Criminal Procedure Decisions: A Preliminary Mapping, Stephen L. Wasby

Villanova Law Review

No abstract provided.

Indigents' Dissatisfaction With Assigned Counsel, Mary Sue Lang

Cleveland State Law Review

The American concept of democracy embraces the principle that the basic interests of society are endangered when the rights of an individual are diminished. The indigent's dissatisfaction with his assigned counsel is relevant only because Americans presuppose that a criminal prosecution unaccompanied by the panoply of the adversary process is a deprivation of the fundamental rights of the accused. This concept of justice obligates a government which institutes criminal prosecutions to provide representation for those unable to afford their own counsel. It further imposes a duty to assure effective counsel in order to preserve the element of challenge which is …

American Grand Jury: Investigatory And Indictment Powers, Timothy G. Kasparek

Cleveland State Law Review

As a result of the obvious discrepancies and conflicts among the three reports concerning the Kent State incident, the U.S. Department of Justice was reported to have been considering whether the convening of a federal grand jury was necessary) Additionally, Robert I. White, President of Kent State University at the time of the tragedy, the Kent State faculty and student senates, and the Kent State graduate-student council expressed a need for and re- quested the empaneling of a federal grand jury. To date, none has been convened nor has there been any indication that one will be called in the …

Constitutional Law - Privilege Against Self-Incrimination - Compulsory Production Of Taxpayer's Business Records In Third Party Possession Held Not Violative Of The Fourth And Fifth Amendments, Douglas Paul Coopersmith

Villanova Law Review

No abstract provided.

Constitutional Law - Double Jeopardy - State Prosecution Barred After Federal Prosecution For Same Offense - Burden On State To Show Substantially Different Interests From Those Of Initial Prosecuting Jurisdiction, Ronald J. Examitas

Villanova Law Review

No abstract provided.

Constitutional Law - Rights Of Criminal Defendants - Counsel's Presence Is Not Required At Pre-Indictment Identification Confrontations, Howell K. Rosenberg

Villanova Law Review

No abstract provided.