Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Universitas Indonesia (122)
- Seattle University School of Law (104)
- University of Michigan Law School (31)
- UIC School of Law (24)
- Touro University Jacob D. Fuchsberg Law Center (15)
-
- Pepperdine University (12)
- Penn State Dickinson Law (10)
- St. Mary's University (8)
- Villanova University Charles Widger School of Law (4)
- Notre Dame Law School (3)
- Northwestern Pritzker School of Law (2)
- Osgoode Hall Law School of York University (2)
- University of Kentucky (2)
- University of Rhode Island (2)
- University of Richmond (2)
- Brigham Young University Law School (1)
- Chicago-Kent College of Law (1)
- Georgia State University College of Law (1)
- Institute of Social Sciences, TOYO University (1)
- Maurer School of Law: Indiana University (1)
- Ohio Northern University (1)
- St. John's University School of Law (1)
- University at Buffalo School of Law (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- University of Arkansas, Fayetteville (1)
- University of Georgia School of Law (1)
- University of Pennsylvania Carey Law School (1)
- University of South Florida (1)
- University of Washington School of Law (1)
- West Virginia University (1)
- Keyword
-
- Criminal law (17)
- History (14)
- Criminal Law (9)
- Constitutional Law (8)
- Constitutional law (8)
-
- Court (8)
- Crime victims (8)
- Criminal Procedure (8)
- Criminal justice system (8)
- Criminal procedure (8)
- Due process (8)
- Police (8)
- State (8)
- Civil rights (7)
- Constitution (7)
- Discrimination (7)
- Law (7)
- Victims of crimes (7)
- Victims' rights (7)
- Civil procedure (6)
- Copyright (6)
- Evidence (6)
- Federal (6)
- New york (6)
- Supreme court (6)
- Confrontation Clause (5)
- Fifth Amendment (5)
- Human rights (5)
- Investment (5)
- Racism (5)
- Publication Year
- Publication
-
- "Dharmasisya” Jurnal Program Magister Hukum FHUI (122)
- Seattle University Law Review (77)
- Seattle Journal for Social Justice (26)
- Michigan Law Review (25)
- UIC Law Review (24)
-
- Touro Law Review (13)
- Dickinson Law Review (2017-Present) (10)
- Pepperdine Law Review (10)
- Michigan Law Review First Impressions (5)
- The Scholar: St. Mary's Law Review on Race and Social Justice (5)
- Villanova Law Review (4)
- Notre Dame Law Review (3)
- St. Mary's Law Journal (3)
- Dignity: A Journal of Analysis of Exploitation and Violence (2)
- Journal of Race, Gender, and Ethnicity (2)
- Kentucky Law Journal (2)
- Osgoode Hall Law Journal (2)
- University of Richmond Law Review (2)
- Arkansas Law Review (1)
- BYU Law Review (1)
- Buffalo Law Review (1)
- Chicago-Kent Law Review (1)
- Genocide Studies and Prevention: An International Journal (1)
- Georgia Journal of International & Comparative Law (1)
- Georgia State University Law Review (1)
- Indiana Law Journal (1)
- Japanese Society and Culture (1)
- Journal of the National Association of Administrative Law Judiciary (1)
- Northwestern Journal of Law & Social Policy (1)
- Northwestern University Law Review (1)
Articles 331 - 358 of 358
Full-Text Articles in Legal History
Taking The Fifth: Reconsidering The Origins Of The Constitutional Privilege Against Self-Incrimination, Eben Moglen
Taking The Fifth: Reconsidering The Origins Of The Constitutional Privilege Against Self-Incrimination, Eben Moglen
Michigan Law Review
The purpose of this essay is to cast doubt on two basic elements of the received historical wisdom concerning the privilege as it applies to British North America and the early United States. First, early American criminal procedure reflected less tenderness toward the silence of the criminal accused than the received wisdom has claimed. The system could more reasonably be said to have depended on self-incrimination than to have eschewed it, and this dependence increased rather than decreased during the provincial period for reasons intimately connected with the economic and social context of the criminal trial in colonial America.
Second, …
The Historical Origins Of The Privilege Against Self-Incrimination At Common Law, John H. Langbein
The Historical Origins Of The Privilege Against Self-Incrimination At Common Law, John H. Langbein
Michigan Law Review
This essay explains that the true origins of the common law privilege are to be found not in the high politics of the English revolutions, but in the rise of adversary criminal procedure at the end of the eighteenth century. The privilege against self-incrimination at common law was the work of defense counsel.
Part I of this essay discusses the several attributes of early modem criminal procedure that combined, until the end of the eighteenth century, to prevent the development of the common law privilege. Part II explains how prior scholarship went astray in locating the common law privilege against …
Judicial Forging Of A Political Weapon: The Impact Of The Cold War On The Law Of Contempt, 27 J. Marshall L. Rev. 3 (1993), Melvin B. Lewis
Judicial Forging Of A Political Weapon: The Impact Of The Cold War On The Law Of Contempt, 27 J. Marshall L. Rev. 3 (1993), Melvin B. Lewis
UIC Law Review
No abstract provided.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
The Law Of Pretrial Interrogation, Department Of Justice Office Of Legal Policy
The Law Of Pretrial Interrogation, Department Of Justice Office Of Legal Policy
University of Michigan Journal of Law Reform
The existing rules in the United States governing the questioning of suspects in custody are based on the Supreme Court's five to four decision in Miranda v. Arizona. The Court in Miranda promulgated a new, code-like set of rules for custodial questioning, including the creation of a right to counsel in connection with custodial questioning, a requirement of warnings, a prohibition of questioning unless the suspect affirmatively waives the rights set out in the warnings, and a prohibition of questioning if the suspect asks for a lawyer or indicates in any manner that he is unwilling to talk. These …
Habeas Corpus: Its History And Its Future, Charles Alan Wright
Habeas Corpus: Its History And Its Future, Charles Alan Wright
Michigan Law Review
A Review of A Constitutional History of Habeas Corpus by William F. Duker
The Fuller Court And State Criminal Process Threshold Of Modern Limitations On Government, William F. Duker
The Fuller Court And State Criminal Process Threshold Of Modern Limitations On Government, William F. Duker
BYU Law Review
No abstract provided.
The Compulsory Process Clause, Peter Westen
The Compulsory Process Clause, Peter Westen
Michigan Law Review
Part I of this article traces the history of compulsory process, from its origin in the English transition from an inquisitional to an adversary system of procedure to its eventual adoption in the American Bill of Rights. Part II examines the Supreme Court's seminal decision in Washington v. Texas, which recognized after a century and a half of silence that the compulsory process clause was designed to enable the defendant not only to produce witnesses, but to put them on the stand and have them heard. Part III studies the implications of compulsory process for the defendant's case, from the …
The Plea Bargain In Historical Perspective, Jay Wishingrad
The Plea Bargain In Historical Perspective, Jay Wishingrad
Buffalo Law Review
No abstract provided.
Cohen: The Criminal Process In The People's Republic Of China 1949-1963: An Introduction., And Bodde & Morris: Law In Imperial China: Exemplified By 190 Ch'ing Dynasty Cases With Historical, Social, And Juridical Commentaries, Victor H. Li
Michigan Law Review
A Review of The Criminal Process in the People's Republic of China 1949-1963: An Introduction by Jerome A. Cohen, and Law in Imperial China: Exemplified by 190 Ch'ing Dynasty Cases with Historical, Social, and Juridical Commentaries by Derke Bodde and Clarence Morris
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.
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.
Law Enforcement States Its Views, John Edgar Hoover
Law Enforcement States Its Views, John Edgar Hoover
Villanova Law Review
No abstract provided.
Proof By Confession, O. John Rogge
Legal History In The High Court--Habeas Corpus, Dallin H. Oaks
Legal History In The High Court--Habeas Corpus, Dallin H. Oaks
Michigan Law Review
Ever since Chief Justice Marshall declared that courts could resort to the common law to determine what Congress meant by the term "habeas corpus" in a federal statute, the history of this venerable remedy has played an important role in the Supreme Court. Over the years, however, courts have moved away from using the writ of habeas corpus for its historic functions of eliciting the cause of commitment and compelling adherence to prescribed procedures in advance of trial until today it has become primarily a means by which one court of general jurisdiction exercises post-conviction review over the judgment of …
Grand Jury Secrecy, Richard M. Calkins
Grand Jury Secrecy, Richard M. Calkins
Michigan Law Review
When a leading state such as Illinois enacts "reform" legislation, an impact on the legislatures of other jurisdictions may be anticipated. Accordingly, a need exists for an examination of this legislation in the light of the common-law background of grand jury secrecy and for a further analysis of it in the face of the growing trend toward more liberalized discovery of grand jury minutes in other jurisdictions. It is the contention of the author that such an empirical study will demonstrate that this legislation adopted by Illinois is contrary to all modern judicial thinking and is, in fact, a retrogressive …
The Duty Of Military Defense Counsel To An Accused, Alfred Avins
The Duty Of Military Defense Counsel To An Accused, Alfred Avins
Michigan Law Review
This article is designed to study the manner in which those Canons of Professional Ethics have been assimilated into the administration of military justice and made the standards for the duty of a military defense counsel.
Constitutional Law - Right To Jury Trial In Indirect Criminal Contempts In Federal Courts, Denis T. Rice S.Ed.
Constitutional Law - Right To Jury Trial In Indirect Criminal Contempts In Federal Courts, Denis T. Rice S.Ed.
Michigan Law Review
Should constitutional provisions for jury trial apply to contempts committed outside the physical presence of a federal court? The United States Supreme Court, in the recent case of Green v. United States, reviewed this long disputed question. The case involved two Communist Party leaders who had been convicted of Smith Act violations and then had "jumped bail" when they disappeared in violation of surrender orders requiring their presence in court for sentencing. After four and a half years as fugitives they surrendered in 1956 and were charged with criminal contempt of court. Following a so-called "summary" hearing (without the …
Criminal Procedure On The American Frontier: A Study Of The Statutes And Court Records Of Michigan Territory 1805-1825, William Wirt Blume
Criminal Procedure On The American Frontier: A Study Of The Statutes And Court Records Of Michigan Territory 1805-1825, William Wirt Blume
Michigan Law Review
The area north and east of Lake Michigan, organized in 1805 as Michigan Territory, was first organized in 1796 as Wayne County of the Northwest Territory. In 1800 the western half of the county, and in 1803 the eastern half, became parts of Indiana Territory, and so remained until July 1805. In 1818 Michigan Territory was expanded westward so as to include all of the area north of Illinois to the Mississippi River.
Self-Incrimination--Historical Background Of The Doctrine, Wendell S. Williams
Self-Incrimination--Historical Background Of The Doctrine, Wendell S. Williams
Kentucky Law Journal
No abstract provided.
The Third Degree--Its Historical Background, The Present Law And Recommendations, Charles Richard Doyle
The Third Degree--Its Historical Background, The Present Law And Recommendations, Charles Richard Doyle
Kentucky Law Journal
No abstract provided.
Constitutional Law-Right To Bail, Robert L. Sandblom S.Ed.
Constitutional Law-Right To Bail, Robert L. Sandblom S.Ed.
Michigan Law Review
The Eighth Amendment of the Constitution provides that "Excessive bail shall not be required . . . ." This clause, as with all of the Bill of Rights, serves as a limitation on the federal government. From a very early date this provision has likewise established a boundary on the discretion of the federal courts in their exercise of criminal jurisdiction. Although this Eighth Amendment provision is a protection against federal encroachment, it does not limit the powers of states, arguments of individual Justices to the contrary notwithstanding.
In the recent Supreme Court decision of Stack v. Boyle, this …
Military Habeas Corpus: I, Seymour W. Wurfel
Military Habeas Corpus: I, Seymour W. Wurfel
Michigan Law Review
The mobilization of over twelve million persons into the armed forces in World War II made necessary a vastly expanded resort to court martial proceedings to enforce the criminal law. The trial by military tribunals of civilian employees of the military establishment in overseas areas and of prisoners of war and war crimes defendants added substantially to the number confined by military authority. On January 31, 1950, there remained in federal penal institutions 2508 prisoners serving civilian type felony sentences imposed by military tribunals. Before World War II, legal problems arising from attempts to invoke the remedy of habeas corpus …
Joughin And Morgan: The Legacy Of Sacco And Vanzetti, Michigan Law Review
Joughin And Morgan: The Legacy Of Sacco And Vanzetti, Michigan Law Review
Michigan Law Review
A Review of THE LEGACY OF SACCO AND VANZETTI. By G. Louis Joughin and Edmund M. Morgan.
The Place Of Trial Of Criminal Cases: Constitutional Vicinage And Venue, William Wirt Blume
The Place Of Trial Of Criminal Cases: Constitutional Vicinage And Venue, William Wirt Blume
Michigan Law Review
In 1909 one Henry G. Connor, presumably Mr. Justice Connor of the Supreme Court of North Carolina, published in the Pennsylvania Law Review an article entitled "The Constitutional Right to a Trial by a Jury of the Vicinage." The question discussed was: May a state constitutionally provide by statute that a crime be tried in a county other than that in which it was committed? Or, putting the question in terms of vicinage as distinguished from venue, may a state constitutionally provide by statute that a crime be tried by jurors summoned from a county other than the county …
Witnesses-Privilege Against Self-Incrimination-Effect Of Incorrect Decision By Trial Judge In Compelling Answer When Privilege Asserted
Michigan Law Review
ln a judicial proceeding, a question is asked of a witness, which question he declines to answer, claiming that the answer will tend to incriminate him. The judge orders him to answer. He does so and the answer does incriminate him. What happens?
Comment Upon Failure Of Accused To Testify, Robert P. Reeder
Comment Upon Failure Of Accused To Testify, Robert P. Reeder
Michigan Law Review
Last year the American Law Institute and the American Bar Association adopted resolutions declaring that when the defendant in a criminal trial does not testify the prosecution should be permitted to comment upon that fact. They urged the overthrow of a rule of law which have prevailed in the federal courts ever since accused persons were first permitted to give testimony, over fifty years ago, and which has governed the courts of forty-two out of the forty-eight states. The discussions which preceded the adoption of the resolutions have been published. In them the advocates of the change do not show …
Book Reviews, Edwin W. Patterson, Edson R. Sunderland, C E. Griffin
Book Reviews, Edwin W. Patterson, Edson R. Sunderland, C E. Griffin
Michigan Law Review
The title of this brilliant little volume might, more accurately, have been, "The Spirits of the Common Law," for it depicts the common law as the battleground of many conflicting spirits, from which a few relatively permanent ideas and ideals have emerged triumphant. As a whole, the book is a pluralistic-idealistic interpretation of legal history. Idealistic, because Dean Pound finds that the fundamentals of the 'common law have been shaped by ideas and ideals rather than by economic determinism or class struggle; he definitely rejects a purely economic interpretation of legal history, although he demands a sociological one (pp. io-ii). …