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Criminal Procedure Commons

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Constitutional Law

1978

Institution
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Articles 1 - 21 of 21

Full-Text Articles in Criminal Procedure

Due Process And Parole Revocation, Michigan Law Review Nov 1978

Due Process And Parole Revocation, Michigan Law Review

Michigan Law Review

In Morrissey, the Court set the level of due process needed in parole revocations. Specifically, it held that the parolee facing •revocation has a right (a) to receive written notice of the claimed parole violations; (b) to hear the evidence against him; (c) to be heard in person and to present witnesses and documentary evidence; (d) to confront and cross-examine adverse witnesses (unless the hearing officer specifically finds good cause for not allowing the confrontation); (e) to have a neutral and detached hearing body, members of which need not be judicial officers or lawyers; and (f) to be given …


Michigan V. Defillippo, Lewis F. Powell Jr. Oct 1978

Michigan V. Defillippo, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Dunaway V. New York, Lewis F. Powell Jr. Oct 1978

Dunaway V. New York, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Duren V. Missouri, Lewis F. Powell Jr. Oct 1978

Duren V. Missouri, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Smith V. Maryland, Lewis F. Powell Jr. Oct 1978

Smith V. Maryland, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Jackson V. Virginia, Lewis F. Powell Jr. Oct 1978

Jackson V. Virginia, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


An Equitable Treatment Of Unauthorized Prosecutorial Promises Of Immunity, Sherry Perkins Bartley Oct 1978

An Equitable Treatment Of Unauthorized Prosecutorial Promises Of Immunity, Sherry Perkins Bartley

University of Arkansas at Little Rock Law Review

No abstract provided.


Criminal Procedure-Double Jeopardy-Government's Right To Appeal A Midtrial Dismissal- United States V. Scott Sep 1978

Criminal Procedure-Double Jeopardy-Government's Right To Appeal A Midtrial Dismissal- United States V. Scott

BYU Law Review

No abstract provided.


A Step Toward Uniformity: Review Of Life Sentences In Capital Cases, Ron Bergwerk Jul 1978

A Step Toward Uniformity: Review Of Life Sentences In Capital Cases, Ron Bergwerk

Florida State University Law Review

No abstract provided.


Bordenkircher V. Hayes: Prosecutorial Discretion During Plea Bargaining, Alan M. Wishnoff Jul 1978

Bordenkircher V. Hayes: Prosecutorial Discretion During Plea Bargaining, Alan M. Wishnoff

Buffalo Law Review

No abstract provided.


Recent Cases, Daniel P. Smith, R. Michael Moore May 1978

Recent Cases, Daniel P. Smith, R. Michael Moore

Vanderbilt Law Review

Courts Split on the Necessity of Separate Authorization for a Covert Entry Under Title III of the Omnibus Crime Control and Safe Streets Act of 1968

Daniel Paul Smith

Title III of the Omnibus Crime Control and Safe Streets Act of 1968,' which regulates the use of electronic surveillance, was designed to protect "the privacy of wire and oral communications,"and to delineate "on a uniform basis the circumstances and conditions under which the interception of wire and oral communications may be authorized."' In general, communications may be intercepted only by law enforcement officers, who are engaged in the investigation of …


Weatherford V. Bursey, George Robert Dittrich Apr 1978

Weatherford V. Bursey, George Robert Dittrich

University of Arkansas at Little Rock Law Review

No abstract provided.


Preventive Detention And Equal Protection Of The Law In Texas., Mark Stevens Mar 1978

Preventive Detention And Equal Protection Of The Law In Texas., Mark Stevens

St. Mary's Law Journal

Abstract Forthcoming.


Criminal Procedure - Due Process Is Not Violated When Prosecutor Carries Out Threat To Bring Increased Charges After Defendant Refuses To Plead Guilty During Plea Bargaining Session, Catherine N. Jasons Jan 1978

Criminal Procedure - Due Process Is Not Violated When Prosecutor Carries Out Threat To Bring Increased Charges After Defendant Refuses To Plead Guilty During Plea Bargaining Session, Catherine N. Jasons

Villanova Law Review

No abstract provided.


The Unprivileged Status Of The Fifth Amendment Privilege, Mark Berger Jan 1978

The Unprivileged Status Of The Fifth Amendment Privilege, Mark Berger

Faculty Works

No abstract provided.


Brewer V. Williams, Massiah And Miranda: What Is 'Interrogation'? When Does It Matter?, Yale Kamisar Jan 1978

Brewer V. Williams, Massiah And Miranda: What Is 'Interrogation'? When Does It Matter?, Yale Kamisar

Articles

On Christmas Eve, 1968, a ten-year-old girl, Pamela Powers, disappeared while with her family in Des Moines, Iowa.2 Defendant Williams, an escapee from a mental institution and a deeply religious person, 3 was suspected of murdering her, and a warrant was issued for his arrest.4 Williams telephoned a Des Moines lawyer, McKnight, and on his advice surrendered himself to the Davenport, Iowa, police.5 Captain Learning and another Des Moines police officer arranged to drive the 160 miles to Davenport, pick up Williams, and return him directly to Des Moines. 6 Both the trial court 7 and the federal district court8 …


The Supreme Court, Warrantless Searches, And Exigent Circumstances, Richard A. Williamson Jan 1978

The Supreme Court, Warrantless Searches, And Exigent Circumstances, Richard A. Williamson

Faculty Publications

No abstract provided.


Constitutional Law - Corrections - Prisoners' Constitutional Right Of Access To Courts Imposes Duty On State To Provide Prison Law Libraries, Amanda M. Shaw Jan 1978

Constitutional Law - Corrections - Prisoners' Constitutional Right Of Access To Courts Imposes Duty On State To Provide Prison Law Libraries, Amanda M. Shaw

Villanova Law Review

No abstract provided.


Federal Habeas Corpus And Ineffective Representation Of Counsel: The Supreme Court Has Work To Do, Peter W. Tague Jan 1978

Federal Habeas Corpus And Ineffective Representation Of Counsel: The Supreme Court Has Work To Do, Peter W. Tague

Georgetown Law Faculty Publications and Other Works

The availability of federal habeas corpus relief for state criminal defendants has always borne a complex relationship to state rules barring defendants from litigating constitutional claims in state court because of procedural defaults in raising those claims. The Warren Court's landmark attempt to resolve this relationship was the 1963 decision in Fay v. Noia, which asserted that a state procedural forfeiture rule could not bar federal habeas review of a constitutional claim unless the defendant had "deliberately bypassed" the procedural opportunity to raise the claim; the Court defined "deliberate bypass" in terms of a defendant's intentional and voluntary relinquishment of …


The Negotiated Guilty Plea: A Framework For Analysis, Richard Adelstein Dec 1977

The Negotiated Guilty Plea: A Framework For Analysis, Richard Adelstein

Richard Adelstein

An early exposition of the price exaction framework and the place of plea bargaining in it.


The Plea Bargain In Theory Dec 1977

The Plea Bargain In Theory

Richard Adelstein

A formal dynamic model of plea bargains.