Law Commons^™

Effects Of Corroboration Instructions In A Rape Case On Experimental Juries, Valerie P. Hans, Neil Brooks

Cornell Law Faculty Publications

The rules of evidence have evolved, in the main, to protect the jury from being misled, prejudiced or confused by certain types of evidence which might be presented to it. The rules attempt to achieve this purpose by utilizing a number of techniques, which were fashioned by common law judges. First, evidence which gives rise to these dangers might be excluded from the jury's consideration altogether. Secondly, such evidence might have to be corroborated by other evidence before the jury is permitted to reach a verdict in the case. Thirdly, the judge might be compelled to instruct the jury that …

The Life And Times Of Boyd V. United States (1886-1976), Michigan Law Review

Michigan Law Review

In Boyd v. United States, the Supreme Court held that the fourth and fifth amendments create a zone of privacy encompassing an individual's person and property. The government, according to Boyd, cannot enter this zone, either by compelling an individual to testify against himself or by subpoenaing or seizing his books and papers for use as evidence against him in a criminal or quasi-criminal proceeding. The Court found an "intimate relation" between the two amendments such that the search and seizure of books and papers may be "unreasonable" even if conducted pursuant to a court order.

Over time, …

Reconsideration Of The Katz Expectation Of Privacy Test, Michigan Law Review

Michigan Law Review

This Note, by modifying certain aspects of the reasonable expectation of privacy test, offers a theory that attempts to identify the minimum content of the fourth amendment. In the first section, the Note examines the reasonable expectation of privacy test and considers whether it has been or can be applied in a manner that fails to protect the right to have certain minimum expectations of privacy. It analyzes both the "actual" and the "reasonable" expectation requirements, identifies weaknesses inherent in the current application of these requirements, and suggests certain ways in which they might be refined. In the second section, …

United States V. New York Telephone Company, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Bell V. Ohio, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Lockett V. Ohio, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

United States V. Ceccolini, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Ballew V. Georgia, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

The Florida Grand Jury: Abolition Or Reform?, Robert Q. Williams

Florida State University Law Review

No abstract provided.

Factors Affecting The Plea-Bargaining Process In Erie County: Some Tentative Findings, Karen Gorbach Rebrovich

Buffalo Law Review

No abstract provided.

Evidence—Admissibility Of The Victim's Past Sexual Behavior Under Washington's Rape Evidence Law—Wash. Rev. Code § 9.79.150 (1976), Evelyn Sroufe

Washington Law Review

Although R.C.W. § 9.79.150 deals with many sex crimes, this note is limited to its application in forcible rape cases. Part I examines various exclusionary rules of evidence in order to develop a framework for analysis of Washington's new law. Part II discusses the relevance of the victim's sexual history to her credibility as a witness; it concludes that the complete exclusion of past sexual history to attack credibility may be unconstitutional under the United States Supreme Court holding in Davis v. Alaska. On the other hand, Part III suggests that R.C.W. § 9.79.150 should be redrafted to limit further …

United States V. Brown: Implementing Massiah

William & Mary Law Review

No abstract provided.

Sentencing Antitrust Felons

Washington and Lee Law Review

No abstract provided.

Survey Of Develpoments In West Virginia Law: 1977, Joseph W. Bowman, Thomas Evans, Janet Archer Goodwin, Laura Jane Kelly, Kenneth E. Tawney

West Virginia Law Review

No abstract provided.

The Florida Rules Of Criminal Procedure: 1977 Amendments, John F. Yetter

Florida State University Law Review

No abstract provided.

The Disposition Process Under The Juveniles Justice Standards Project, Stanley Z. Fisher

Faculty Scholarship

The Juvenile Justice Standards Project volumes were publicly discussed for months prior to their publication. Unavoidably, much of the discussion was based upon rumor regarding their contents. In that context, critics charged that the proposed Standards would "destroy the nation's juvenile court system and replace it with a 'junior criminal system' "1 and claimed that the Standards substitute the philosophy of "just deserts" for the traditional rehabilitative goals of juvenile justice.' The news media described the Standards on disposition of delinquents as designed to "fit the penalty to the crime, no matter what the age of the perpetrator. '3 I …

The Standards' Recommendations On Dispositions: A Panel Discussion Panel Discussion, Stanley Z. Fisher

Faculty Scholarship

ROFESSOR STANLEY FISHER, MODERATOR: Good evening. I'd like to welcome you all here. Of all of the volumes of the Juvenile Justice Standards Project, I suppose the most controversial are those dealing with the disposition stage. They have elicited a good deal of critical comment, even though they haven't yet been published, and many of the comments and criticisms have apparently been on the basis of speculation and rumor as to what the Standards actually say. We have with us tonight to discuss these Standards two persons who have a great deal of expertise in this field. The first, on …

Federal Common Law, Not State Law, Controls Interpretation Of Federal Bail-Bond Contracts, William T. Wingfield Jr.

Mercer Law Review

The U.S. Court of Appeals for the Fifth Circuit, in United States v. Miller, held that the liability of a surety on a federal bail-bond contract depends on the wording of the contract as interpreted under general federal common-law principles of suretyship and contract law.

Resolute Insurance Company was surety for Thomas Miller on two identical appearance bonds. Miller was found guilty of assaulting an FBI agent, had pleaded guilty to interstate transportation of stolen goods, and was sentenced to a total of three years and three months of imprisonment. The trial court, at Miller's request and in the …

Criminal Procedure, The Burger Court, And The Legacy Of The Warren Court, Jerold H. Israel

Articles

I start in Section I of this Article with an examination of the first major theme of the criminal procedure decisions of the Warren Court, the selective incorporation of Bill of Rights' guarantees into the due process clause of the fourteenth amendment. My conclusion is that the selective incorporation principle, which provided the doctrinal basis for many of the "liberal" decisions of the Warren Court, remains firmly established today under the Burger Court. Section II of the Article then analyzes the theme of equality and the role it played in Warren Court decisions in the criminal procedure area. It is …

The Prosecutor's Duty To Present Exculpatory Evidence To An Indicting Grand Jury, Michigan Law Review

Michigan Law Review

This Note explores the implications of the stark procedural disparities between prosecution by information and prosecution by indictment in those states where both methods are used. It first examines the consequences to a defendant of a prosecutor's decision to seek an indictment rather than proceed by information, the reasons underlying the discretion given the prosecutor to choose between the two methods, and the potential for abuse of this discretionary power. It then considers several alternative approaches for minimizing this potential for abuse. After rejecting possible constitutional objections to the disparity between indictment and information procedures and application of the common-law …

Criminal Procedure As Defined By The Tennessee Supreme Court, Julian L. Bibb, Walter S. Weems

Vanderbilt Law Review

The Tennessee Supreme Court, elected simultaneously for the first time since the early 1900's, assumed office in September 1974 amid speculation concerning future judicial policy. The court, com-posed of Chief Justice William H. D. Fones and Justices Ray L.Brock, Jr., Robert E. Cooper, William J. Harbison, and Joe W.Henry, immediately indicated the importance of a uniform judicial policy governing criminal procedure by creating a special commission to revise the state rules of criminal procedure. Additionally,during its present term the court has decided numerous cases directed toward the formation of well-defined rules under which criminal allegations can be adjudged. This Special …

Away From Waiver: A Rationale For The Forfeiture Of Constitutional Rights In Criminal Procedure, Peter Westen

Michigan Law Review

Ten years ago, when I was a student in law school, I learned that it was difficult for a criminal defendant to lose completely his right to assert constitutional defenses. The only way he could relinquish his constitutional defenses, I was told, was by actually "waiving" them. Moreover, in order to establish that a defendant had waived his defenses, the state faced a rigorous test: it had to show, in the famous phrase, that his waiver was "knowing, intelligent, and voluntary." In other words, before the state could permanently prevent a defendant from asserting constitutional defenses, it had to show …

Survey Of Developments In West Virginia Law: 1976

West Virginia Law Review

No abstract provided.

Comparative Criminal Procedure: A Plea For Utilizing Foreign Experience, Rudolf B. Schlesinger

Buffalo Law Review

No abstract provided.

Streamlining Criminal Procedure In Magistrate Court, Robert Batey, Diana L. Fuller

West Virginia Law Review

No abstract provided.

Legal Ethics And The Prosecuting Attorney, John O. Kizer

West Virginia Law Review

No abstract provided.

Iv. Criminal Procedure

Washington and Lee Law Review

No abstract provided.

Vii. Habeas Corpus And Prisoners' Rights

Washington and Lee Law Review

No abstract provided.

Pleading The Statute Of Limitations In Criminal Cases, George R. Nock

BYU Law Review

No abstract provided.

Privilege Against Self-Incrimination Does Not Bar Seizure Of Personal Papers, Ross Mccloy

Mercer Law Review

In Andresen v. Maryland, the U.S. Supreme Court held that the Fifth Amendment privilege against self-incrimination does not apply to the forcible seizure, with valid search warrants, of an attorney's incriminatory personal business records from his office. Petitioner Andresen, a sole practitioner specializing in real estate settlements, came under the scrutiny of a Bi-County Fraud Unit investigating real estate settlement activities in the Washington, D.C., area. The investigation revealed that Andresen, while acting as settlement attorney, had defrauded the purchaser by knowingly concealing two existing liens on the property. The investigators concluded that there was probable cause to believe …