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Articles 1 - 30 of 46
Full-Text Articles in Law
Criminal Law, Denny C. Galis
Finality And Habeas Corpus: Is The Rule That Res Judicata May Not Apply To Habeas Corpus Or Motion To Vacate Still Viable, Marilyn L. Kelley
Finality And Habeas Corpus: Is The Rule That Res Judicata May Not Apply To Habeas Corpus Or Motion To Vacate Still Viable, Marilyn L. Kelley
West Virginia Law Review
No abstract provided.
Criminal Procedure--Due Process--Right To Counsel At Pretrial Identifications, Diana L. Fuller
Criminal Procedure--Due Process--Right To Counsel At Pretrial Identifications, Diana L. Fuller
West Virginia Law Review
No abstract provided.
Compulsory Process Ii, Peter Westen
Compulsory Process Ii, Peter Westen
Michigan Law Review
This Article examines the validity of the conventional wisdom. It draws support for its analysis from the constitutional principles of compulsory process, and, in their absence, from related doctrine in the areas of a defendant's right to confront witnesses against him and his right to a fair trial. Part I of the article defines the constitutional standard that governs the simple case of a nonindigent defendant who makes a timely application to produce a witness from within the territory of the jurisdiction. Parts II through IV, in turn, examine that standard in the light of complicating factors such as the …
United States V. Anderson - The Plea Bargain As An Agreement To Become And To Remain Convicted
United States V. Anderson - The Plea Bargain As An Agreement To Become And To Remain Convicted
William & Mary Law Review
No abstract provided.
The Street Perspective: A Conversation With The Police, Patrick L. Baude
The Street Perspective: A Conversation With The Police, Patrick L. Baude
IUSTITIA
Professor Baude's purpose in this discussion is to elicit police officers' comments on what members of the legal profession ought to know about the influence of the "street perspective" in shaping those officers' attitudes towards the criminal justice system and the role they play in it. It is police insistence on the broad validity of insights which only "the street" can provide that accounts for the considerable gulf between "front-line" enforcement officers and other functionaries in (and students of) that system. Law students (and no doubt lawyers) seem uncomfortable with the notion that our system cannot adequately be understood without …
Gerstein V. Pugh, 420 U.S. 103 (1975); In Re Florida Rules Of Criminal Procedure, 309 So. 2d 544 (Fla. 1975), R. Wayne Miller
Gerstein V. Pugh, 420 U.S. 103 (1975); In Re Florida Rules Of Criminal Procedure, 309 So. 2d 544 (Fla. 1975), R. Wayne Miller
Florida State University Law Review
Criminal Procedure- PRELIMINARY HEARINGS- NONADVERSARY JUDICIAL DETERMINATION OF PROBABLE CAUSE TO DETAIN IS PREREQUISITE TO EXTENDED RESTRAINT OF LIBERTY FOLLOWING ARREST.
The Systems Approach To Criminal Justice Administration, John Hartje
The Systems Approach To Criminal Justice Administration, John Hartje
Buffalo Law Review
No abstract provided.
Legal Ethics: Confidentiality And The Case Of Robert Garrow's Lawyers, Jeffrey Frank Chamberlain
Legal Ethics: Confidentiality And The Case Of Robert Garrow's Lawyers, Jeffrey Frank Chamberlain
Buffalo Law Review
No abstract provided.
Federal Prisoner Petitions., John H. Wood Jr.
Federal Prisoner Petitions., John H. Wood Jr.
St. Mary's Law Journal
Abstract Forthcoming.
Constitutional Restraints On The Exclusion Of Evidence In The Defendant's Favor: The Implications Of Davis V. Alaska, Michigan Law Review
Constitutional Restraints On The Exclusion Of Evidence In The Defendant's Favor: The Implications Of Davis V. Alaska, Michigan Law Review
Michigan Law Review
This Note, first, examines the Davis methodology for determining whether a foreclosed line of cross-examination warrants protection by the confrontation clause, and suggests a test employable by reviewing courts for making that determination. Then, the Note sketches the contours of the clash, prefigured by Davis, between the right of confrontation and the limitations on cross-examination that result from both the assertion of testimonial privileges and trial court relevance rulings.
Pretrial Diversion From The Criminal Process: Some Constitutional Considerations, Kenneth W. Macke
Pretrial Diversion From The Criminal Process: Some Constitutional Considerations, Kenneth W. Macke
Indiana Law Journal
No abstract provided.
In Re Forfeiture Of The Following Described Vehicle, 1972 Porsche 2 Dr., '74 Florida License Tag Id 91788 Vin #9111200334, 307 So. 2d 451 (Fla. 3d Dist. Ct. App. 1975), Michael P. Mabile
In Re Forfeiture Of The Following Described Vehicle, 1972 Porsche 2 Dr., '74 Florida License Tag Id 91788 Vin #9111200334, 307 So. 2d 451 (Fla. 3d Dist. Ct. App. 1975), Michael P. Mabile
Florida State University Law Review
Criminal Law- FORFEITURES- SIGNIFICANT INVOLVEMENT IN ILLICIT DRUG OPERATION REQUIRED TO JUSTIFY AUTOMOBILE FORFEITURE; EVIDENCE OBTAINED BY ILLEGAL SEARCH INADMISSIBLE IN FORFEITURE PROCEEDING; IMPOUNDMENT OF AUTOMOBILE WITHOUT WARRANT IN ABSENCE OF PROBABLE CAUSE AND EXIGENT CIRCUMSTANCES INVALIDATES RELATED INVENTORY SEARCH.
Grand Jury Reports: An Examination Of The Law In Texas And Other Jurisdictions., Richard Meyer
Grand Jury Reports: An Examination Of The Law In Texas And Other Jurisdictions., Richard Meyer
St. Mary's Law Journal
Abstract Forthcoming.
An Assessment Of Videotape In The Criminal Courts, Ernest H. Short, B. Thomas Florence, Mary Alice Marsh
An Assessment Of Videotape In The Criminal Courts, Ernest H. Short, B. Thomas Florence, Mary Alice Marsh
BYU Law Review
Summary of Contents
I. Introduction
A. A brief history of television and videotape in the justice system
B. Recent studies of videotape technology in the justice system
C. Overview of the goals and methodology of the present study
II. The Videotape System
A. The recording environment
1. Lighting
2. Spatial arrangement
3. Participant mobility
4. Acoustics
5. Electrical power
B. Production techniques
1. Video source location
2. Audio source location
3. Picture composition
a. Zooms
b. Varying video sources
c. Special effects
C. Alternative equipment combinations
1. System 1 : the single camera
2. System 2: the single camera with …
Criminal Procedure --Discovery--Pretrial Discovery Deposition In Utah Criminal Proceedings--State V. Nielsen
BYU Law Review
No abstract provided.
Criminal Procedure--Parole Revocation Hearings Hearings--Requiring The Reasonable Doubt Standard Of Proof And The Application Of Double Jeopardy Principles--Standlee V. Smith
BYU Law Review
No abstract provided.
Declaratory Judgments: Federal Anticipatory Relief From State Criminal Statutes After Steffel V. Thompson, Christopher A. Bloom
Declaratory Judgments: Federal Anticipatory Relief From State Criminal Statutes After Steffel V. Thompson, Christopher A. Bloom
Indiana Law Journal
No abstract provided.
The Prisoner's Right To A Statement Of Reasons For Parole Denial: Silence Is Not Always Golden, William Ernsthaft
The Prisoner's Right To A Statement Of Reasons For Parole Denial: Silence Is Not Always Golden, William Ernsthaft
Buffalo Law Review
No abstract provided.
Criminal Procedure--Discovery--Movement Toward Full Disclosure, Richard B. Pyles
Criminal Procedure--Discovery--Movement Toward Full Disclosure, Richard B. Pyles
West Virginia Law Review
No abstract provided.
Criminal Procedure--Post-Conviction Right To Counsel, Thomas W. Smith
Criminal Procedure--Post-Conviction Right To Counsel, Thomas W. Smith
West Virginia Law Review
No abstract provided.
Book Review, Arthur H. Sherry
Book Review, Arthur H. Sherry
Michigan Law Review
A book review of Criminal Procedure by Abraham S. Goldstein and Leonard Orland, and Cases and Comments on Criminal Procedure by Fred E. Inbau, James R. Thompson, James B. Haddad, James B. Zagel and Gary L. Starkman, Modern Criminal Procedure, 4ht Ed by Yale Kamisar, Wayne R. LaFave, and Jerold H. Israel, The Process of Criminal Justice: Investigation by H. Richard Uviller, Criminal Process, 2nd Ed by Lloyd L. Weinreb
Iv. Criminal Law And Procedure
Criminal Procedure--Recidivism--Constitutionality Of The West Virginia Recidivist Statute, Cynthia L. Turco
Criminal Procedure--Recidivism--Constitutionality Of The West Virginia Recidivist Statute, Cynthia L. Turco
West Virginia Law Review
No abstract provided.
Criminal Procedure--Right To Counsel--Standard For Judging The Effectiveness Of Assistance, Rowland H. Burns Jr.
Criminal Procedure--Right To Counsel--Standard For Judging The Effectiveness Of Assistance, Rowland H. Burns Jr.
West Virginia Law Review
No abstract provided.
Disquisition On The Need For A New Model For Criminal Sanctioning Systems, M. Kay Harris
Disquisition On The Need For A New Model For Criminal Sanctioning Systems, M. Kay Harris
West Virginia Law Review
The time is ripe for a major restructuring of our criminal sanctioning systems. Pressures for change are arising from many sources. As crime rates continue to rise and public fear of crime grows apace, thoughtful persons from many walks of life are more strongly articulating the need to find a different method of dealing with those convicted of violating the criminal law. The criminal prosecutions and dispositions arising from Watergate and related cases have brought many of the issues of unequal justice into the thoughts of American citizens. Proposals for criminal and penal code revision await action in legislatures throughout …
Kentucky Law Survey: Criminal Procedure, Rutheford B. Campbell Jr.
Kentucky Law Survey: Criminal Procedure, Rutheford B. Campbell Jr.
Kentucky Law Journal
No abstract provided.
Settling Prosecution Costs On The Offender: How The Rights Are Priced In Illinois, Teree E. Foster
Settling Prosecution Costs On The Offender: How The Rights Are Priced In Illinois, Teree E. Foster
Loyola University Chicago Law Journal
No abstract provided.
Expanding Defendant's Discovery: The Jencks Act At Pretrial Hearings, David B. Olney
Expanding Defendant's Discovery: The Jencks Act At Pretrial Hearings, David B. Olney
Buffalo Law Review
No abstract provided.
The Constitutional Rights Of Criminal Defendants: The Identity Of Informers, 8 J. Marshall J. Prac. & Proc. 401 (1975), John W. Cox Jr.
The Constitutional Rights Of Criminal Defendants: The Identity Of Informers, 8 J. Marshall J. Prac. & Proc. 401 (1975), John W. Cox Jr.
UIC Law Review
No abstract provided.