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Articles 1 - 9 of 9
Full-Text Articles in Law
Habeas Corpus--Custody And Release From Custody Requirements Of Habeas Corpus--Viability Of Mcnally V. Hill In The Moden Context, Michigan Law Review
Habeas Corpus--Custody And Release From Custody Requirements Of Habeas Corpus--Viability Of Mcnally V. Hill In The Moden Context, Michigan Law Review
Michigan Law Review
Section 2241 of Title 28 of the United States Code requires that a petitioner for a writ of habeas corpus be "in custody." As a corollary of the "custody" requirement, the common law tradition required that the effect of the writ must be the petitioner's "release from custody.'' Because the United States Constitution and the federal habeas corpus statutes guarantee the availability of the writ in general terms, it is to the common law that the courts have consistently turned for the definition of these terms and for the restrictive effect of these requirements on the availability of the writ …
A Critical View Of The Uniform Crime Reports, Sophia M. Robison
A Critical View Of The Uniform Crime Reports, Sophia M. Robison
Michigan Law Review
No one would deny that the FBI performs a vital function in investigating, identifying, and tracking down suspects who may endanger the life, liberty, and property of Americans. However, this writer feels that the Uniform Crime Reports published by the FBI should be subjected to a very critical analysis. Of primary concern are the indiscriminate acceptance of the official data by legislators and social science investigators and the doubtful inferences which a frightened public draws from news releases proclaiming that "the U.S. is sitting on a seething volcano of crime."
Use Of Record Of Criminal Conviction In Subsequent Civil Action Arising From The Same Facts As The Prosecution, Michigan Law Review
Use Of Record Of Criminal Conviction In Subsequent Civil Action Arising From The Same Facts As The Prosecution, Michigan Law Review
Michigan Law Review
The overwhelming majority of courts considering the issue without the aid of pertinent legislation have held that a record of a prior criminal conviction may not be used against a convicted person in subsequent civil proceedings arising from the same facts as the criminal prosecution but to which the state is not a party. It is admissible neither as evidence of the facts underlying it, nor as the basis of an estoppel preventing the convicted party from relitigating those issues which must have been decided against him in the criminal trial for the judge or jury to have found him …
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 …
Norris: A Casebook Of Complete Criminal Trials, Otis J. Smith
Norris: A Casebook Of Complete Criminal Trials, Otis J. Smith
Michigan Law Review
A Review of A Casebook of Complete Criminal Trials by Harold Norris
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.
Lafave: Arrest: The Decision To Take A Suspect Into Custody, B. J. George Jr.
Lafave: Arrest: The Decision To Take A Suspect Into Custody, B. J. George Jr.
Michigan Law Review
A Review of The Decision To Take a Suspect Into Custody by Wayne R. LaFave
Legal History In The High Court--Habeas Corpus, Dallin H. Oaks
Legal History In The High Court--Habeas Corpus, Dallin H. Oaks
Michigan Law Review
Ever since Chief Justice Marshall declared that courts could resort to the common law to determine what Congress meant by the term "habeas corpus" in a federal statute, the history of this venerable remedy has played an important role in the Supreme Court. Over the years, however, courts have moved away from using the writ of habeas corpus for its historic functions of eliciting the cause of commitment and compelling adherence to prescribed procedures in advance of trial until today it has become primarily a means by which one court of general jurisdiction exercises post-conviction review over the judgment of …
American Bar Association Section Of Antitrust Law: Jury Instructions In Criminal Antitrust Cases, Ralph M. Carson
American Bar Association Section Of Antitrust Law: Jury Instructions In Criminal Antitrust Cases, Ralph M. Carson
Michigan Law Review
A Review of Jury Instructions in Criminal Antitrust Cases by The American Bar Association Section of Antitrust Law