Law Commons^™

Excessive Delay In The Courts: Toward A Continuance Policy Relating To Counsel And Parties, Thomas O. Gorman

Cleveland State Law Review

The maxim "Justice delayed is justice denied" is an expression which is becoming all too meaningful in our courts today. Many of the large metropolitan courts in this country are being strangled by the ever-increasing backlog of cases. ...In most court systems, continuance policies are either non-existent or couched in vague terms such as "good cause shown.' It is the aim of this study to formulate guidelines for a sound continuance policy which will serve to speed the administration of justice without interfering with the high standard of judicial fairness necessary to proper adjudication.

An Introduction To Virginia's New Rules Of Criminal Practice And Procedure, Murray J. Janus

University of Richmond Law Review

On January 1, 1972 the new Virginia Rules of Criminal Practice and Procedure became effective, some three and one-half years after the President of the Virginia State Bar Association appointed a Special Committee to draft these proposed Rules. Mr. Justice Thomas C. Gordon, Jr., was appointed Chairman of the Committee in June of 1968. Peter C. Manson, Professor of Criminal Law at the University ,of.Virginia,acted as consultant for the Committee and he made available special student assistants who were invaluable with their research. In addition, two judges of courts of record with criminal jurisdiction, the Honorable Edmund P. Simpkins, Jr., …

Plea Bargaining: The Case For Reform

University of Richmond Law Review

Although plea bargaining has not been openly recognized or sanctioned by most courts, it has become quite widespread and effective. Due to this lack of formal recognition, no uniform plea bargaining procedure has been developed, but generally, an accused is encouraged to plead guilty in exchange for some concession, the most familiar being a promise by the prosecutor to ask the court for leniency. Such concession is far from being the only "reward" offered by the state; indeed, if it were the only one, the practice would not have flourished as it has. Depending upon the particular laws of the …

Federal Court Intervention In Pending State Criminal Prosecutions- The Significance Of Younger V. Harris

University of Richmond Law Review

The recent United States Supreme Court decision of Younger v. Harris along with its companion cases represent the most significant development in the area of federal-state court relations since the Court decided Dombrowski v. Pfister in 1965. Dombrowski created grave doubts over the continued validity of the long established public policy against federal court interference with state court proceedings. Civil libertarians were quick to seize upon the broad assertions in that case as support for their efforts toward expanding the concept of federal court intervention in state criminal prosecutions. Though the Court was given the opportunity to reconcile the conflicting …

Deadlocked Juries-The "Allen Charge" Is Defuse

University of Richmond Law Review

A deadlocked jury remains an ever-present problem to a judge whose docket is filled with cases to be litigated. Throughout history, crude methods of coercion have been -employed by judges to pry a verdict from a deadlocked jury. While such methods have long since been abandoned, a more subtle, though equally effective, device known as the "Allen charge" is still utilized today to bring about the same result.

Constitutional Law - Search And Seizure - Fourth Amendment Vagueness - Evidence Excluded When Obtained By Search Incident To Vagrancy Arrest Under Statute Previously Held Void For Vagueness, Allen C. Warshaw

Villanova Law Review

No abstract provided.

Cross-Sex Supervision In The Probation And After-Care Service, Phyllida Parsloe

Articles by Maurer Faculty

No abstract provided.

Speedy Trial And The Congested Trial Calendar, Christopher L. Blakesley

Scholarly Works

In People v. Ganci, the defendant had been indicted for robbery, larceny, and assault while serving a prison sentence for another conviction. Five and one-half months after his indictment he moved, pursuant to section 668 of the New York Code of Criminal Procedure, to dismiss for failure to prosecute. Eleven months later, sixteen months after the indictment, he was brought to trial, convicted, and sentenced. On appeal, the New York Supreme Court, Appellate Division, Second Judicial Department affirmed, whereupon the defendant appealed by permission to the New York Court of Appeals. On this appeal he contended that the delay deprived …

Recent Developments, Various Editors

Villanova Law Review

No abstract provided.

Law Enforcement Control: Checks And Balances For The Police System, Mark Berger

Faculty Works

No abstract provided.

Societal Concepts Of Criminal Liability For Homicide In Medieval England, Thomas A. Green

Articles

THE early history of English criminal law lies hidden behind the laconic formulas of the rolls and law books. The rules of the law, as expounded by the judges, have been the subject of many studies; but their practical application in the courts, where the jury of the community was the final and unbridled arbiter, remains a mystery: in short, we know little of the social mores regarding crime and crimi- nals. This study represents an attempt to delineate one major aspect of these societal attitudes. Its thesis is that from late Anglo-Saxon times to the end of the middle …

Miranda Warnings In Other Than Police Custodial Interrogations, Marvin E. Sable

Cleveland State Law Review

The court, in Miranda, was quick to point out, however, that the decision in that case did not suppose to vitiate the confession as a tool of law enforcement officers in ferretting out criminals. Likewise, volunteered statements of any kind were specifically exempted from the exclusionary rule that was applied to Miranda-type admissions only. Much of the progeny of Miranda addressed itself to just such types of admissions. Oftentimes, the courts dissected the seemingly unitized custodial interrogation requirement of Miranda by turning their decisions of its inapplicability upon the absence of either the "custody" or the "interrogation" aspect

Recent Developments, Various Editors

Villanova Law Review

No abstract provided.

Bail And Bail Bondsmen: Need For Reform In Kentucky, Frank Stainback

Kentucky Law Journal

No abstract provided.

The Indigent's Right To A Transcript Of Record, Larry Yackle

Faculty Scholarship

There is no more fascinating subject in the field of federal constitutional law than the relationship between due process and equal protection, concepts brought together in the fourteenth amendment. Governmental action that is fundamentally unfair and a denial of due process may also involve discriminatory treatment and a denial of equal protection.' Accordingly, in a number of cases the distinction between the two concepts has been blurred. In Douglas v. California, the Supreme Court held that on first appeal counsel must be furnished to indigents at state expense because the failure to provide professional representation is both fundamentally unfair and …

Police Field Citations In New Haven, Mark Berger

Faculty Works

No abstract provided.

A Handbook On Sentencing, Brian Slattery

Brian Slattery