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Series

Criminal Procedure

1981

Institution
Keyword
Publication

Articles 1 - 18 of 18

Full-Text Articles in Law

Interim Hearing On Victim & Witness Rights In Criminal Proceedings, Asembly Subcommittee On Criminal Justice Resources Dec 1981

Interim Hearing On Victim & Witness Rights In Criminal Proceedings, Asembly Subcommittee On Criminal Justice Resources

California Assembly

Each year, crime claims more than forty million victims in the United States. This is a really staggering statistic. One in five Americans, almost, are victims of some sort of crime every year in this country. For these Americans, crime is more than just a statistic; it is a sobering and often devastating personal experience, inflicting physical and mental disability, property loss or damage, financial hardship, and severe and sometimes permanent disruption to personal lives. Adding to this trauma of being a crime victim is a criminal justice system which pays astonishingly little attention to the needs and the concerns ...


Eddings V. Oklahoma, Lewis F. Powell Jr. Oct 1981

Eddings V. Oklahoma, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Harlow V. Fitzgerald, Lewis F. Powell Jr. Oct 1981

Harlow V. Fitzgerald, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Equal Access To Evidence: The Case For The Defense Use Of Immunity For Essential Witnesses, Andrea Lyon Jul 1981

Equal Access To Evidence: The Case For The Defense Use Of Immunity For Essential Witnesses, Andrea Lyon

Law Faculty Publications

No abstract provided.


Book Review: A Theory Of Criminal Justice By Jan Corecki. New York: Columbia University Press. 1979. Pp. Xv, 185. $15.00., Ira Robbins Feb 1981

Book Review: A Theory Of Criminal Justice By Jan Corecki. New York: Columbia University Press. 1979. Pp. Xv, 185. $15.00., Ira Robbins

Book Reviews

Review of A Theory of Criminal Justice by Jan Corecki. New York: Columbia University Press. 1979. Pp. xv, 185. $15.00.


California Corrections: The Slippery Slope, Assembly Criminal Justice Committee Jan 1981

California Corrections: The Slippery Slope, Assembly Criminal Justice Committee

California Assembly

No abstract provided.


A Case For Jury Determination Of Search And Seizure Law, Ronald J. Bacigal Jan 1981

A Case For Jury Determination Of Search And Seizure Law, Ronald J. Bacigal

Law Faculty Publications

In a criminal case the option to return a general verdict of acquittal invests the jury with the raw power to nullify many legal determinations, including the trial judge's ruling that a search is constitutional. While courts grudingly acknowledge the existence of an extra-legal jury nullification power, courts do not recognize any jury prerogative to determine the lawfulness of a search. The United States Supreme Court's discussion of the jury's role in interpreting and applying the fourth amendment consists of one terse statement that the legality of a search "is a question of fact and law for ...


Retrial After A Hung Jury: The Double Jeopardy Problem, Janet E. Findlater Jan 1981

Retrial After A Hung Jury: The Double Jeopardy Problem, Janet E. Findlater

Law Faculty Research Publications

No abstract provided.


Rhode Island V. Innis: “Offhand Comments” Or “Interrogation”?, Kingsley R. Browne Jan 1981

Rhode Island V. Innis: “Offhand Comments” Or “Interrogation”?, Kingsley R. Browne

Law Faculty Research Publications

No abstract provided.


The "Perjury Trap", Bennett L. Gershman Jan 1981

The "Perjury Trap", Bennett L. Gershman

Pace Law Faculty Publications

It is the aim of the present Article, first, to explore the boundaries of legitimate grand jury interrogation as it bears on the subject of perjury and, second, to formulate guidelines that strike a balance between the needs of the investigatory process and the rights of witnesses.


Recent Development, Constitutional Law: Protection Against Illegal Search And Seizure--Blackie's House Of Beef, Inc. V. Castillo, No. 79-1057 & 79-2358 (D.C. Cir. July 22, 1981), Stephen James Anaya Jan 1981

Recent Development, Constitutional Law: Protection Against Illegal Search And Seizure--Blackie's House Of Beef, Inc. V. Castillo, No. 79-1057 & 79-2358 (D.C. Cir. July 22, 1981), Stephen James Anaya

Articles

No abstract provided.


Voir Dire In Kentucky: An Empirical Study Of Voir Dire In Kentucky Circuit Courts, William H. Fortune Jan 1981

Voir Dire In Kentucky: An Empirical Study Of Voir Dire In Kentucky Circuit Courts, William H. Fortune

Law Faculty Scholarly Articles

Voir dire is the stage of a jury trial at which prospective jurors are questioned under oath by court or counsel to determine their suitability as jurors in the case to be tried. Kentucky's high court has repeatedly recognized the importance of voir dire to the exercise of for-cause and peremptory challenges.

The trial judge's wide discretion in voir dire, however, necessarily makes a review of appellate decisions of minimal assistance in ascertaining what actually occurs during this important phase of a jury trial. Published opinions provide little guidance in this area; information about voir dire must come ...


Assuring Effective Assistance Of Counsel, William W. Schwarzer Jan 1981

Assuring Effective Assistance Of Counsel, William W. Schwarzer

Faculty Scholarship

No abstract provided.


The Federal Rules Of Evidence: Six Years After, Paul F. Rothstein Jan 1981

The Federal Rules Of Evidence: Six Years After, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

The Federal Rules of Evidence have been in effect since 1975. Six years of experience is not much time in which to assess such a complex and important body of law. Nevertheless, there is now some "evidence" of the impact of the Federal Rules on the various states and circuits.

The Rules do seem to have proved successful enough to stimulate widespread imitation. Approximately half the states in the United States have or will very shortly have evidence codes patterned substantially on the Rules, even down to their numbers. Many of the remaining states (e.g., Iowa, Illinois, and Pennsylvania ...


Perils Of The Rulemaking Process: The Development, Application, And Unconstitutionality Of Rule 804(B)(3)'S Penal Interest Exception, Peter W. Tague Jan 1981

Perils Of The Rulemaking Process: The Development, Application, And Unconstitutionality Of Rule 804(B)(3)'S Penal Interest Exception, Peter W. Tague

Georgetown Law Faculty Publications and Other Works

As the culmination of a decade of rulemaking, in 1975 Congress enacted the Federal Rules of Evidence, which include in rule 804(b)(3) an exception to the hearsay rule that allows federal courts to admit statements against penal interest. Having reviewed previously unpublished memoranda and nonpublic tape recordings of the deliberations of the Advisory and Standing Committees to the Judicial Conference and the Special Subcommittee on Reform of Federal Criminal Laws of the House Judiciary Committee, Professor Tague explores the development of rule 804(b)(3), one of the more controversial rules that emerged from that rulemaking process. After ...


Judge Frankel And The Adversary System, William T. Pizzi Jan 1981

Judge Frankel And The Adversary System, William T. Pizzi

Articles

No abstract provided.


Havens, Jenkins, And Salvucci, And The Defendant's "Right" To Testify, Craig M. Bradley Jan 1981

Havens, Jenkins, And Salvucci, And The Defendant's "Right" To Testify, Craig M. Bradley

Articles by Maurer Faculty

Three recent Supreme Court opinions that enlarge the scope of permissible impeachment may substantially influence the criminal defendant's decision whether to take the stand. In this article, Professor Bradley evaluates the current status of the defendant's "right" to testify, assesses the impact of these cases on that right, and offers cogent advice on effective strategies for practitioners.


Griffin V. California: Still Viable After All These Years, Craig M. Bradley Jan 1981

Griffin V. California: Still Viable After All These Years, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.