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Articles 1 - 30 of 32
Full-Text Articles in Criminal Procedure
Mistrials In Courts-Martial: A Study Of The Evolution Of The Judicial Character Of The Military Judge, Paul E. Wilson
Mistrials In Courts-Martial: A Study Of The Evolution Of The Judicial Character Of The Military Judge, Paul E. Wilson
William & Mary Law Review
No abstract provided.
Sullivan, Hardin, Huston, Lacy, Murry & Pugh: The Administration Of Criminal Justice; And Hall & Kamisar: Modern Criminal Procedure: Cases, Comments & Questions, John Kaplan
Michigan Law Review
A Review of The Administration of Criminal Justice by Francis C. Sullivan, Paul Hardin, III, John Huston, Frank R. Lacy, Daniel E. Murray, and George W. Pugh; and Modern Criminal Procedure: Cases, Comments & Questions by Livingston Hall and Yale Kamisar
Advisory Committee On Sentencing And Review: American Bar Association Project On Minimum Standards For Criminal Justice: Standards Relating To Post-Conviction Remedies, Daniel J. Meador
Michigan Law Review
A Review of American Bar Association Project on Minimum Standards for Criminal Justice: Standards Relating to Post-Conviction Remedies (Tentative Draft) recommended by the Advisory Committee on Sentencing and Review
Covert Contingencies In The Right To The Assistance Of Counsel, Abraham S. Blumberg
Covert Contingencies In The Right To The Assistance Of Counsel, Abraham S. Blumberg
Vanderbilt Law Review
On the basis of a sociological survey showing that a very large percentage of guilty pleas are induced by defense counsel, Professor Blumberg concludes that criminal justice is not structured on the adversary model which the Supreme Court's right to counsel decisions presuppose. He submits that the primary loyalty of defense counsel is to the criminal court "system," the informal organization of court officials on which they depend for their professional existence. He suggests further that the additional attorneys which will be required to implement the right to counsel decisions will simply serve to make the"system" more efficient in utilizing …
Criminal Procedure—Indictment—Evidence Inadmissible At Trial Is Inadmissible In Grand Jury Proceedings, Michael Nelson
Criminal Procedure—Indictment—Evidence Inadmissible At Trial Is Inadmissible In Grand Jury Proceedings, Michael Nelson
Buffalo Law Review
West v. United States, 359 F.2d 50 (8th Cir.), cert. denied mem., 87 Sup. Ct. 131 (1966).
Felony Information: Due Process And Preliminary Hearing On Probable Cause, Anon
Felony Information: Due Process And Preliminary Hearing On Probable Cause, Anon
Washington Law Review
Defendants were charged with manslaughter by an information filed directly in superior court. They made timely motion to dismiss, contending that the information was defective because not found before a grand jury, or alternatively that due process required a determination before either a grand jury or a committing magistrate that probable cause existed to hold the defendants for trial. The motion was granted. On appeal, the Washington Supreme Court reversed. Held: Due process does not require persons charged with an infamous crime to be indicted by a grand jury or afforded a preliminary hearing on the issue of probable cause, …
Felony Information: Due Process And Preliminary Hearing On Probable Cause, Anon
Felony Information: Due Process And Preliminary Hearing On Probable Cause, Anon
Washington Law Review
Defendants were charged with manslaughter by an information filed directly in superior court. They made timely motion to dismiss, contending that the information was defective because not found before a grand jury, or alternatively that due process required a determination before either a grand jury or a committing magistrate that probable cause existed to hold the defendants for trial. The motion was granted. On appeal, the Washington Supreme Court reversed. Held: Due process does not require persons charged with an infamous crime to be indicted by a grand jury or afforded a preliminary hearing on the issue of probable cause, …
Habeas Corpus In West Virginia, Fred L. Fox Ii
Habeas Corpus In West Virginia, Fred L. Fox Ii
West Virginia Law Review
No abstract provided.
Post-Conviction Relief For Federal Prisoners: A Survey And A Suggestion Under 28 U.S.C. 2255, Gerald F. Uelmen
Post-Conviction Relief For Federal Prisoners: A Survey And A Suggestion Under 28 U.S.C. 2255, Gerald F. Uelmen
West Virginia Law Review
In answer to the complaints of numerous federal judges that they were being engulfed by a flood of habeas corpus petitions, Congress in 1948 enacted a complete revision of the habeas corpus provisions of the Judicial Code. Part of this revision was title 28, section 2255, of the United States Code which "restates, clarifies and simplifies the procedure in the nature of the ancient writ of error coram nobis." Adopted upon the recommendation of the Judicial Conference of the United States, its declared purpose was to provide "an expeditious remedy for correcting erroneous sentences without resort to habeas corpus." The …
The Court And The Criminal, Robert J. Steamer
The Court And The Criminal, Robert J. Steamer
William & Mary Law Review
No abstract provided.
Conviction: The Determination Of Guilt Or Innocence Without Trial, By Donald J. Newman
Conviction: The Determination Of Guilt Or Innocence Without Trial, By Donald J. Newman
Washington and Lee Law Review
No abstract provided.
From Escobedo To Miranda: The Anatomy Of A Supreme Court Decision, By Richard J. Medalie
From Escobedo To Miranda: The Anatomy Of A Supreme Court Decision, By Richard J. Medalie
Washington and Lee Law Review
No abstract provided.
Due Process In Extra-Judicial Identifications
Due Process In Extra-Judicial Identifications
Washington and Lee Law Review
No abstract provided.
The Disclosure To Defense Of Presentence Reports In West Virginia, Willard D. Lorensen
The Disclosure To Defense Of Presentence Reports In West Virginia, Willard D. Lorensen
West Virginia Law Review
No abstract provided.
Contemporary Winds And Currents In Criminal Law, With Special Reference To Constitutional Criminal Procedure: A Defense And Appreciation, Sanford Jay Rosen
Contemporary Winds And Currents In Criminal Law, With Special Reference To Constitutional Criminal Procedure: A Defense And Appreciation, Sanford Jay Rosen
Maryland Law Review
No abstract provided.
A Federal Verdict Of Not Guilty By Reason Of Insanity And A Subsequent Commitment Procedure, Joseph D. Tydings
A Federal Verdict Of Not Guilty By Reason Of Insanity And A Subsequent Commitment Procedure, Joseph D. Tydings
Maryland Law Review
No abstract provided.
Psychiatric Testimony And The Doctrine Of Diminished Responsibility - State V. Sikora
Psychiatric Testimony And The Doctrine Of Diminished Responsibility - State V. Sikora
Maryland Law Review
No abstract provided.
Book Review, Lawrence J. Rich
Book Review, Lawrence J. Rich
Cleveland State Law Review
Reviewing Richard J. Medalie, From Escobedo to Miranda: The Anatomy of a Supreme Court Decision, Lerner Law Book Co., Inc., 1966
Legal Aspects Of Police Radar, William K. Mccarter
Legal Aspects Of Police Radar, William K. Mccarter
Cleveland State Law Review
As a vehicle approaches the radar unit, it enters its operating zone or "zone of influence." The length and width of the zone depends on such factors as the strength of the signal and the transmittor height above the ground. The unit will record the speed of only one vehicle at a time, determined by the vehicle presenting the best target by reason of reflecting surface, position, or speed. Based on this, many courts have pointed out possible defenses to proof of speed by radar. One court has stated in its opinion there are many more defenses that can be …
Criminal Procedure—Double Jeopardy—Retrial For Greater Degree Of Offense Charged After Reversal Of Conviction For Lesser Degree Of Same Offense Constitutes Double Jeopardy, Jeffrey Sellers
Buffalo Law Review
People v. Ressler, 17 N.Y.2d 174, 216 N.E.2d 582, 269 N.Y.S.2d 414 (1966).
Capacity To Stand Trial: The Amnesic Criminal Defendant - Commonwealth Ex Rel. - Cummins V. Price1 State V. Mcclendon
Maryland Law Review
No abstract provided.
Family Law—Application Of The Rules Against Search And Seizure To Juvenile Delinquency Proceedings, Alan Eber
Family Law—Application Of The Rules Against Search And Seizure To Juvenile Delinquency Proceedings, Alan Eber
Buffalo Law Review
Matter of Williams, 49 Misc. 2d 154, 267 N.Y.S.2d 91 (Ulster County Family Ct. 1966).
Criminal Procedure—Miranda: The Application Of The Fifth Amendment Right Against Self-Incrimination To Confessions—A Change In Approach., Gary M. Cohen
Buffalo Law Review
Miranda v. Arizona (consolidated in a single opinion with three companion cases, Vignera v. New York, Westover v. United States and California v. Stewart), 384 U.S. 436 (1966).
Film Censorship: The American And British Experience, Robert J. Klein
Film Censorship: The American And British Experience, Robert J. Klein
Villanova Law Review
No abstract provided.
Enforcement Of The Common Law Rules Of Arrest: A Handcuffing Of Police?, Douglas D. Mcbroom
Enforcement Of The Common Law Rules Of Arrest: A Handcuffing Of Police?, Douglas D. Mcbroom
Duquesne Law Review
"In the streets, the only law is that at the end of the policeman's nightstick." The degree of truth in this statement has long been a subject of concern among civil libertarians. Nevertheless, police agencies were for many years left to their own devices in meeting the essential problem of keeping order on the streets; only a small portion of their actions were subject to judicial review.
Police Policy Formulation: A Proposal For Improving Police Performance, Herman Goldstein
Police Policy Formulation: A Proposal For Improving Police Performance, Herman Goldstein
Michigan Law Review
The police function in this country is much more varied and much more complex than is generally recognized. This is particularly true today in the congested areas of large urban centers· where the demand for police services is especially great and where the police are confronted with an increasing variety of difficult situations, many of which stem from dissatisfaction with the economic and social conditions existing in such areas. As law enforcement has become more difficult, it has, for the same reasons, taken on new importance as a function of local government.
Law Enforcement States Its Views, John Edgar Hoover
Law Enforcement States Its Views, John Edgar Hoover
Villanova Law Review
No abstract provided.
Recent Developments, Various Editors
In Re Gault: Understanding The Attorney's New Role, Glenn C. Equi, James D. Hutchinson, Barney B. Welsh
In Re Gault: Understanding The Attorney's New Role, Glenn C. Equi, James D. Hutchinson, Barney B. Welsh
Villanova Law Review
No abstract provided.
United States V. Tempia: The Questionable Application Of Miranda To The Military, James F. Falco
United States V. Tempia: The Questionable Application Of Miranda To The Military, James F. Falco
Villanova Law Review
No abstract provided.