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Full-Text Articles in Law

"A Most Deplorable Paradox": Admitting Illegally Obtained Evidence In Georgia--Past, Present, And Future, Donald E. Wilkes Jr. Sep 1976

"A Most Deplorable Paradox": Admitting Illegally Obtained Evidence In Georgia--Past, Present, And Future, Donald E. Wilkes Jr.

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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.


The New Federalism In Criminal Procedure Revisited, Donald E. Wilkes Jr. Jan 1976

The New Federalism In Criminal Procedure Revisited, Donald E. Wilkes Jr.

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As a result of the Burger Court's seemingly inexorable relaxation of federal protection for criminal defendants, a number of state courts have continued to expand basic rights on state law grounds, thereby utilizing the adequate state ground doctrine to avoid further review by the Burger Court. Part II of this article will examine the evasion cases decided since March 1975. The prospects for continued evasion will be accessed in Part III.


More On The New Federalism In Criminal Procedure, Donald E. Wilkes Jr. Jan 1975

More On The New Federalism In Criminal Procedure, Donald E. Wilkes Jr.

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The Burger Court has continued to relax federal constitutional restraints on the power of police and prosecutorial officials to detect and convict persons suspected of crime. During the 1973 Term, the fourth amendment right to be free from unreasonable search and seizure appears to have been the principal casualty of the Court's permissive attitude toward the exercise of governmental authority to enforce criminal laws. Although over half a dozen search and seizure cases were decided, in not a single one did the Court find that evidence had been obtained in violation of the fourth amendment. Other decisions narrowly interpreted ...


A New Role For An Ancient Writ: Postconviction Habeas Corpus Relief In Georgia (Part Ii), Donald E. Wilkes Jr. Sep 1974

A New Role For An Ancient Writ: Postconviction Habeas Corpus Relief In Georgia (Part Ii), Donald E. Wilkes Jr.

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In Part I of this Article, appearing in Volume 8 of the Georgia Law Review at page 313, Professor Wilkes traced the development of postconviction habeas corpus in Georgia up to 1967. In this the second part of the Article, he examines the background and passage of the Georgia Habeas Corpus Act of 1967. Finally, Professor Wilkes assesses the degree to which the Act has fulfilled its purposes, and suggests several possible changes for the future.


"Criminal Records"--A Comparative Approach, Sigmund A. Cohn Feb 1974

"Criminal Records"--A Comparative Approach, Sigmund A. Cohn

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There is in the United States a need to balance the interest of the public in the apprehension and conviction of criminals with that of individuals arrested but not convicted of any wrongdoing. As has been shown, some of the leading civil law countries have approached this goal in two ways: first, by not requiring an arrest in a great number of criminal cases and thus not furthering in the mind of the public the idea that arrest and criminal wrongdoing are identical, and second, by confining entries in criminal records, at least on principle, to final convictions of criminal ...


A New Role For An Ancient Writ: Postconviction Habeas Corpus Relief In Georgia (Part I), Donald E. Wilkes Jr. Jan 1974

A New Role For An Ancient Writ: Postconviction Habeas Corpus Relief In Georgia (Part I), Donald E. Wilkes Jr.

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Because it has been esteemed in this state for centuries, the writ of habeas corpus has played a significant role in the history of Georgia civil liberties. Indeed, one Georgia court early state that "[w]hen the writ is applied for, no inquiry is made as to the complexion of the petitioner, or the place of his permanent allegiance. All of every condition, of every country and of every complexion are equally entitled to it, the native of South Africa, not less than the Peer of the Realms." In the first part of his Article, Professor Wilkes examines the origins ...


Warrantless Searches And Seizures, Mack Allen Player Jan 1971

Warrantless Searches And Seizures, Mack Allen Player

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The fourth amendment to the Constitution has two basic clauses. The first, the reasonableness clause, protects the people against unreasonable searches and seizures. The second, the warrant clause, sets forth conditions under which a warrant may issue. Searches and seizures made pursuant to a warrant are, quite obviously, governed by the commands of the warrant clause. However, the effect of the warrant clause upon searches and seizures made without warrants is not clear from the amendment itself, and the Supreme Court has failed to develop a consistent interpretation of the proper role of that clause.


Appointed Counsel In Criminal Prosecutions: A Study Of Indigent Defense, Ronald L. Carlson Jul 1965

Appointed Counsel In Criminal Prosecutions: A Study Of Indigent Defense, Ronald L. Carlson

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Attorney Carlson surveyed Iowa for the American Bar Association's study of the defense of indigent accused persons, and in this Article the results of that study are disclosed. The author sets forth recent constitutional developments involving appointments of counsel in criminal cases, then reviews criminal procedure and practice as it relates to the indigent. Survey techniques utilized in the study are revealed, and the responses obtained from jurists, prosecutors, and defense attorneys throughout the jurisdiction are detailed. Finally, he advances recommendations to assist in meeting the challenge of justice for the poor.