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Full-Text Articles in Law

Judge Weinfeld And The Adjudicatory Process: A Law Finder In An Age Of Judicial Lawmakers, William E. Nelson Jan 1975

Judge Weinfeld And The Adjudicatory Process: A Law Finder In An Age Of Judicial Lawmakers, William E. Nelson

Faculty Scholarship Series

In his 25 years on the bench, Edward Weinfeld has attained a
nationwide reputation as an outstanding member of the federal
judiciary. Judge Weinfeld's reputation is based, in part, upon his
longstanding efforts to foster social justice and upon the new law
that those efforts have produced. As the other tributes will show,
the Judge's opinions have made much new law; very few other
district judges have been as innovative.
Judge Weinfeld has made his most important contributions in
the law of criminal procedure. Since the 1950's he has consistently
permitted criminal defendants to engage in broad ...


Ideology In Criminal Procedure Or A Third "Model" Of The Criminal Process, John Griffiths Jan 1970

Ideology In Criminal Procedure Or A Third "Model" Of The Criminal Process, John Griffiths

Faculty Scholarship Series

American thought about criminal procedure is confined within a prevailing ideology. By describing an alternative, I shall seek to illustrate that our present assumptions are not the inevitable truths they often seem to be. The alternative presented is not especially novel, nor is it one to which I necessarily subscribe. My purpose is merely to explore the problem of ideology in criminal procedure, and to that end the self-conscious posing of an alternative is justified by its heuristic value.


Drug-Induced Revelation And Criminal Investigation (With Lawrence Z. Freedman Et Al.), George H. Dession Jan 1953

Drug-Induced Revelation And Criminal Investigation (With Lawrence Z. Freedman Et Al.), George H. Dession

Faculty Scholarship Series

SCIENTIFIC and technological advances become irrevocable traits of the
culture-however drastic the problems of assimilation and adjustment they
engender, and however disturbing the value choices they pose. This is true
not only of major advances like Freud's concept of the role of the unconscious
in human behavior but also of less seminal developments like the druginduced
interview (narcoanalysis),' which has become an implement of
psychiatry and with which we are here concerned. Our goal is to further
understanding of the proper conditions and limitations of its use, and of its
potentialities for abuse. We attempt to appraise narcoanalysis from ...


The New Federal Rules Of Criminal Procedure: Ii, George .H. Dession Jan 1947

The New Federal Rules Of Criminal Procedure: Ii, George .H. Dession

Faculty Scholarship Series

INDICTMENT AND INFORMATION
The Grand Jury. In approximately half the States as well as in England
use of the grand jury as an investigative body," and of grand jury
indictment as a step in prosecution, has been largely abandoned.
This old institution has, however, been retained in federal practice
pretty much in the traditional common law form. The new Rules do
not change this as, indeed, they could not in view of the constitutional
guaranty that no federal prosecution for a "capital, or otherwise infamous"
crime (in practice, any felony) shall be had save on "presentment
or indictment" by a ...


The New Federal Rules Of Criminal Procedure: I, George H. Dession Jan 1946

The New Federal Rules Of Criminal Procedure: I, George H. Dession

Faculty Scholarship Series

ON March 21, 1946, a new set of rules of criminal procedure for the
federal courts went into effect. Hailed by former Attorney General
Homer Cummings as "a triumph of the democratic process," this
body of rules is the non-legislative product of a laborious, eight-year
enterprise which required the participation of a great many individuals
and groups throughout the United States, including judges, lawyers,
government officers, legal scholars, and committees of bench and bar.
In contrast with the unwieldy legislative codes of criminal procedure
of many of the states, these rules occupy but sixty small pages of large
print. In ...


The Problem Of Mental Disorder In Crime, Leon A. Tulin Jan 1932

The Problem Of Mental Disorder In Crime, Leon A. Tulin

Faculty Scholarship Series

One of the consequences of the law's acceptance of the lay notion
that most people are free rational agents is the tacit assumption that except
in clearly recognizable cases of marked dementia, all people are the
same and should be treated alike. No middle zone is recognized. This
approach to the problem of anti-social behavior is, of course, completely
opposed to the present trend of thought. To the criminologist mental
abnormality is an extremely broad concept; and is merely one of the
factors to be considered in determining in individual cases why an offender
offended and what method of ...