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Articles 1 - 8 of 8
Full-Text Articles in Evidence
Psychosocial Analysis Of An Ethnography At The Cuyahoga County Public Defenders Office, Ernest M. Oleksy
Psychosocial Analysis Of An Ethnography At The Cuyahoga County Public Defenders Office, Ernest M. Oleksy
The Downtown Review
Too often, social science majors become jaded with their field of study due to a misperception of the nature of many potential jobs which they are qualified for. Such discord is prevalent amongst undergraduates who strive for work in the criminal justice system. Hollywood misrepresentations become the archetypes of the aforementioned field, leaving out the necessity and ubiquity of accompanying desk work. Still other social science majors struggle to identify theoretical interpretations in praxis.
Robbins, Belton And Ross: Reconsideration Of Bright Line Rules For Warrantless Container Searches, Christopher J. St. John
Robbins, Belton And Ross: Reconsideration Of Bright Line Rules For Warrantless Container Searches, Christopher J. St. John
Cleveland State Law Review
This Note analyzes the development of these warrantless container search and seizure exceptions to furnish a comprehensive review of their justifications. The major focus is on the underlying rationale of Belton and Ross and the possible ramifications of such far-reaching warrant exceptions. The Note recommends that state courts interpret their state constitutions to allow the less drastic alternative of warrantless seizures of certain containers rather than warrantless searches as permitted by Belton and Ross under the federal Constitution. In addition, an analytic methodology for isolating interrelated yet distinct search and seizure questions is proposed. Initially, a general background of fourth …
Impeaching A Defendant's Testimony By Proof Of Post-Arrest Silence: Doyle V. Ohio, F. Ronald O'Keefe
Impeaching A Defendant's Testimony By Proof Of Post-Arrest Silence: Doyle V. Ohio, F. Ronald O'Keefe
Cleveland State Law Review
This Note will attempt to outline the genesis of the issue of impeachment by post-arrest silence by first discussing the various inquiries into the probative value of silence which had been undertaken by courts on the federal level before Hale (United States v. Hale, 422 U.S. 171 (1975)) . The focus will then shift to the Hale Court's treatment of this issue. The constitutional aspects of the issue will then be discussed, and the pronouncement of the Doyle Court (Doyle v. Ohio, 96 S. Ct. 2240 (1976)) will be analyzed with an emphasis on the continuity between the Hale and …
The Effects Of Tucker On The Fruits Of Illegally Obtained Statements, Jeffery P. Reinhard
The Effects Of Tucker On The Fruits Of Illegally Obtained Statements, Jeffery P. Reinhard
Cleveland State Law Review
Although the Court has been careful to point out that illegally obtained statements are not admissible in the prosecution's case in chief, Michigan v. Tucker has done much to erode even that principle. In Tucker, the Court found admissible the testimony of a witness whose identity was learned solely on the basis of a statement obtained from the defendant in violation of the guidelines set forth in Miranda. Despite the Court's statement that it was significant that the interrogation preceded Miranda, and notwithstanding its reiteration of the principle that the defendant's statements would not have been admissible in the prosecution's …
Juvenile Delinquency Proceedings In Ohio: Due Process And The Hearsay Dilemma, Sara E. Strattan
Juvenile Delinquency Proceedings In Ohio: Due Process And The Hearsay Dilemma, Sara E. Strattan
Cleveland State Law Review
This comment will explore the extent to which the exclusion of hearsay evidence in a delinquency proceeding is a practical reality in the Ohio system. In so doing, the possibilities for abuse will be highlighted and suggestions for their elimination will be made, all in the spirit of the Supreme Court's mandate to provide fundamental due process safeguards to this procedure.
Legal By-Products Of Chemical Testing For Intoxication, M. C. Slough, Paul E. Wilson
Legal By-Products Of Chemical Testing For Intoxication, M. C. Slough, Paul E. Wilson
Cleveland State Law Review
One among many problems of national moment is the intoxicated motorist. Legislators have long fumbled for remedies to halt a wave of senseless killing and mutilation that has resulted from an unhappy combination of ethyl alcohol and mechanical power. Convictions in court have been too difficult to halt a wave of senseless killing and mutilation that has reconstructive and effective legal control. Jurors themselves, have often been hesitant to convict because the sum total of objective evidence produced has not convinced them that the subjects they were judging had actually been drunk or intoxicated.
Legal By-Products Of Chemical Testing For Intoxication, M. C. Slough, Paul E. Wilson
Legal By-Products Of Chemical Testing For Intoxication, M. C. Slough, Paul E. Wilson
Cleveland State Law Review
One among many problems of national moment is the intoxicated motorist. Legislators have long fumbled for remedies to halt a wave of senseless killing and mutilation that has resulted from an unhappy combination of ethyl alcohol and mechanical power. Convictions in court have been too difficult to halt a wave of senseless killing and mutilation that has reconstructive and effective legal control. Jurors themselves, have often been hesitant to convict because the sum total of objective evidence produced has not convinced them that the subjects they were judging had actually been drunk or intoxicated.
Illegally Obtained Evidence, Norman B. Miller
Illegally Obtained Evidence, Norman B. Miller
Cleveland State Law Review
In this case the Supreme Court of the United States in a five to three decision revised its earlier thinking on the problem of evidence illegally obtained by State police officers in a State criminal case and held that evidence obtained through an illegal search and seizure is inadmissible in a state criminal trial even though the illegal means was used by other than Federal law enforcement officers. The author's original reaction to the decision was one of regret in that the court had decided this case when the precise issue on which it turned had been neither adequately argued …