Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Michigan Law School (18)
- Maurer School of Law: Indiana University (11)
- Golden Gate University School of Law (10)
- Pace University (7)
- Georgetown University Law Center (5)
-
- Schulich School of Law, Dalhousie University (5)
- Southern Methodist University (5)
- University of Baltimore Law (5)
- University of Pennsylvania Carey Law School (5)
- Washington and Lee University School of Law (5)
- Barry University School of Law (4)
- Boston University School of Law (4)
- University of Colorado Law School (4)
- University of Georgia School of Law (4)
- William & Mary Law School (4)
- American University Washington College of Law (3)
- Florida State University College of Law (3)
- Singapore Management University (3)
- Texas A&M University School of Law (3)
- University of Richmond (3)
- Villanova University Charles Widger School of Law (3)
- Roger Williams University (2)
- University of Arkansas at Little Rock William H. Bowen School of Law (2)
- University of Pittsburgh School of Law (2)
- Valparaiso University (2)
- Boise State University (1)
- California Western School of Law (1)
- Columbia Law School (1)
- Duke Law (1)
- Liberty University (1)
- Publication Year
- Publication
-
- Articles (17)
- Faculty Scholarship (17)
- Articles by Maurer Faculty (11)
- All Faculty Scholarship (10)
- Jesse Carter Opinions (10)
-
- Elisabeth Haub School of Law Faculty Publications (7)
- Articles, Book Chapters, & Popular Press (5)
- Faculty Journal Articles and Book Chapters (5)
- Faculty Publications (5)
- Georgetown Law Faculty Publications and Other Works (5)
- Law Faculty Publications (5)
- Publications (4)
- Scholarly Articles (4)
- Scholarly Works (4)
- Research Collection Yong Pung How School Of Law (3)
- Scholarly Publications (3)
- Working Paper Series (3)
- Articles in Law Reviews & Other Academic Journals (2)
- Book Chapters (2)
- Journal Articles (2)
- Life of the Law School (1993- ) (2)
- Reviews (2)
- Articles & Chapters (1)
- Articles, Chapters in Books and Other Contributions to Scholarly Works (1)
- Criminal Justice Faculty Publications and Presentations (1)
- Faculty Publications and Presentations (1)
- Faculty Works (1)
- Law Faculty Research Publications (1)
- Law Faculty Scholarly Articles (1)
- Maryland Law Review Online (1)
Articles 121 - 142 of 142
Full-Text Articles in Law
Equal Access To Evidence: The Case For The Defense Use Of Immunity For Essential Witnesses, Andrea Lyon
Equal Access To Evidence: The Case For The Defense Use Of Immunity For Essential Witnesses, Andrea Lyon
Law Faculty Publications
No abstract provided.
A Case For Jury Determination Of Search And Seizure Law, Ronald J. Bacigal
A Case For Jury Determination Of Search And Seizure Law, Ronald J. Bacigal
Law Faculty Publications
In a criminal case the option to return a general verdict of acquittal invests the jury with the raw power to nullify many legal determinations, including the trial judge's ruling that a search is constitutional. While courts grudingly acknowledge the existence of an extra-legal jury nullification power, courts do not recognize any jury prerogative to determine the lawfulness of a search. The United States Supreme Court's discussion of the jury's role in interpreting and applying the fourth amendment consists of one terse statement that the legality of a search "is a question of fact and law for the court and …
Parker V. Randolph, Lewis F. Powell Jr.
Parker V. Randolph, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Brewer V. Williams, Massiah And Miranda: What Is 'Interrogation'? When Does It Matter?, Yale Kamisar
Brewer V. Williams, Massiah And Miranda: What Is 'Interrogation'? When Does It Matter?, Yale Kamisar
Articles
On Christmas Eve, 1968, a ten-year-old girl, Pamela Powers, disappeared while with her family in Des Moines, Iowa.2 Defendant Williams, an escapee from a mental institution and a deeply religious person, 3 was suspected of murdering her, and a warrant was issued for his arrest.4 Williams telephoned a Des Moines lawyer, McKnight, and on his advice surrendered himself to the Davenport, Iowa, police.5 Captain Learning and another Des Moines police officer arranged to drive the 160 miles to Davenport, pick up Williams, and return him directly to Des Moines. 6 Both the trial court 7 and the federal district court8 …
"A Most Deplorable Paradox": Admitting Illegally Obtained Evidence In Georgia--Past, Present, And Future, Donald E. Wilkes Jr.
"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.
A Look At Florida's Proposed Code Of Evidence, Charles W. Ehrhardt
A Look At Florida's Proposed Code Of Evidence, Charles W. Ehrhardt
Scholarly Publications
The law of evidence had been codified in three states, California, New Jersey and Kansas, prior to the United States Supreme Court's promulgation of the Proposed Federal Rules of Evidence. The submission of the rules to the Congress, and their approval, as amended, by the House of Representatives served as the catalyst for renewed interest in evidence codification. Three states have recently adopted comprehensive Rules of Evidence that closely parallel the Proposed Federal Rules, and at least four other states, including Florida, have drafted or are actively considering the adoption of such a codification. During the 1974 session of the …
Criminal Law Notes: Fourth Amendment Developments And Their Impact Upon The Criminal Process In Indiana, F. Thomas Schornhorst
Criminal Law Notes: Fourth Amendment Developments And Their Impact Upon The Criminal Process In Indiana, F. Thomas Schornhorst
Articles by Maurer Faculty
No abstract provided.
Some Themes In The Proposed Federal Rules Of Evidence, Paul F. Rothstein
Some Themes In The Proposed Federal Rules Of Evidence, Paul F. Rothstein
Georgetown Law Faculty Publications and Other Works
Although the Federal Rules of Evidence are under consideration by Congress, it is unlikely that many of their major themes will be reversed. The present article examines some of these themes as they appear in the Supreme Court-approved draft. The aim is merely to make more explicit the effects of the Rules and suggest some questions for study.
The Second Circuit Review: Ix. Evidence: Introduction, Paul F. Rothstein
The Second Circuit Review: Ix. Evidence: Introduction, Paul F. Rothstein
Georgetown Law Faculty Publications and Other Works
The past year's developments in the law of evidence have been characterized by a hardening attitude toward criminal defendants. The United States Supreme Court's evidentiary rulings during the term covered by the Second Circuit Review (1971-72) manifested this trend (although not uniformly). For example, police stop-and-frisk authority was broadened (and with it the use of evidence obtained therefrom); the scope of the immunity from criminal prosecution required to be granted by a governmental body before self-incriminatory statements can be compelled from a witness was narrowed; the right to have counsel at line-ups was limited to postindictment or post-charge line-ups (with …
A Dissent From The Miranda Dissents: Some Comments On The 'New' Fifth Amendment And The Old 'Voluntariness' Test, Yale Kamisar
A Dissent From The Miranda Dissents: Some Comments On The 'New' Fifth Amendment And The Old 'Voluntariness' Test, Yale Kamisar
Articles
F the several conferences and workshops (and many lunch conversations) on police interrogation and confessions in which I have participated this past summer3 are any indication, Miranda v. Arizona' has evoked much anger and spread much sorrow among judges, lawyers and professors. In the months and years ahead, such reaction is likely to be translated into microscopic analyses and relentless, probing criticism of the majority opinion. During this period of agonizing appraisal and reappraisal, I think it important that various assumptions and assertions in the dissenting opinions do not escape attention.
Has The Court Left The Attorney General Behind? The Bazelon-Katzenbach Letters On Poverty, Equality, And The Administration Of Criminal Justice, Yale Kamisar
Articles
Distribution of the first preliminary draft of the proposed American Law Institute Model Code of Pre-Arraignment Procedure last June touched off a brisk exchange of letters between Chief Judge David Bazelon of the United States Court of Appeals for the District of Columbia Circuit, who maintained that the proposed code left a good deal to be desired, and Attorney General Nicholas deB. Katzenbach, who, although he did not explicitly treat any provision of the preliminary draft, sharply challenged the conception of equality underlying Bazelon's criticism of it. By now, both the code, and the Bazelon-Katzenbach correspondence which it evoked, are …
Comments On Recent Cases, Charles W. Ehrhardt
Comments On Recent Cases, Charles W. Ehrhardt
Scholarly Publications
No abstract provided.
People V. Riser [Dissent], Jesse W. Carter
People V. Riser [Dissent], Jesse W. Carter
Jesse Carter Opinions
In a capital murder prosecution, a trial court's grant of the prosecution's challenge to a juror, who stated that in no event would he vote for the death penalty, was not error.
People V. Crooker [Dissent], Jesse W. Carter
People V. Crooker [Dissent], Jesse W. Carter
Jesse Carter Opinions
Defendant's conviction for first-degree murder was proper where defendant failed to show that he did not receive fair trial as conflicting testimony about voluntariness of confession and denial of attorney during questioning supported jury verdict.
People V. Cole [Dissent], Jesse W. Carter
People V. Cole [Dissent], Jesse W. Carter
Jesse Carter Opinions
Medical opinion as to whether the victim's wound could have been self-inflicted was admissible and sufficient evidence supported the verdict finding defendant guilty of first-degree murder.
People V. Tarantino [Dissent], Jesse W. Carter
People V. Tarantino [Dissent], Jesse W. Carter
Jesse Carter Opinions
Defendant's convictions for two counts of extortion and for conspiracy to commit extortion were not proper. Recordings constituted a substantial and important part of the evidence and were illegally obtained.
People V. Penny, Jesse W. Carter
People V. Penny, Jesse W. Carter
Jesse Carter Opinions
A conviction for involuntary manslaughter was reversed because the jury was erroneously instructed on a civil standard of negligence rather than criminal negligence and the lack of due caution and circumspection.
People V. Simpson, Jesse W. Carter
People V. Simpson, Jesse W. Carter
Jesse Carter Opinions
An accomplice's testimony did not have to be corroborated as to every fact to which he testified when there was other corroborative evidence showing that the accomplice was telling the truth.
People V. Carmen [Dissent], Jesse W. Carter
People V. Carmen [Dissent], Jesse W. Carter
Jesse Carter Opinions
Evidence of another crime, part of the same criminal act for which defendant was on trial, was admissible at defendant's trial.
People V. Braddock [Dissent], Jesse W. Carter
People V. Braddock [Dissent], Jesse W. Carter
Jesse Carter Opinions
An alleged conflict between the information and the evidence was not grounds for reversal of defendant's conviction where the substance of the indictment was sufficient to give defendant notice of the offense of which he was accused.
People V. Costa [Dissent], Jesse W. Carter
People V. Costa [Dissent], Jesse W. Carter
Jesse Carter Opinions
A deceased passenger's statement that defendant caused an automobile accident was admissible in defendant's trial for manslaughter as a spontaneous declaration.
People V. Dessauer, Jesse W. Carter
People V. Dessauer, Jesse W. Carter
Jesse Carter Opinions
A defendant's murder trial did not violate due process where evidence was in form of transcript testimony taken at preliminary examination, agreed to by defendant's counsel and, showed that the issue of guilt and sanity were separately considered.