Digital Commons Network^™

Constitutionalizing Civil Commitment: Another Attempt—In Re Harris, 98 Wn. 2d 276, 654 P.2d 109 (1982), Betty L. Drumheller

Washington Law Review

This Note first discusses recent statutory and judicial reforms of involuntary mental commitment procedures in the United States and Washington. It then analyzes the Washington Supreme Court's decision in In re Harris, focusing on the court's interpretation of the required standard for involuntary commitment and the new procedural requirements for issuance of a summons. The Note concludes that the Washington Supreme Court took a significant but incomplete step in conforming the Washington involuntary commitment procedures to the requirements of the United States Constitution.

Inculpatory Statements Against Penal Interest: State V. Parris Goes Too Far, James E. Beaver, Cheryl Mccleary

Seattle University Law Review

This article first demonstrates that courts historically did not trust penal interest statements in general, and that courts were extremely suspicious of any statements by a third party that implicated the defendant. Since Washington adopted Federal Rule of Evidence 804(b)(3) verbatim, this article then analyzes the legislative history of the rule. The article concludes that the legislative history favored exclusion of inculpatory statements but that Congress failed to codify the exclusion because of unrelated problems. Finally, the article discusses the confrontation clause problems that arise when inculpatory statements are allowed into evidence. This article argues that the Parris holding should …

New Hearsay Exceptions For A Child's Statement Of Sexual Abuse, 18 J. Marshall L. Rev. 1 (1984), Glen Skoler

UIC Law Review

No abstract provided.

Casenotes: Constitutional Criminal Law — Life Sentence Without Parole Imposed On Recidivist Guilty Of Seven Non-Violent Crimes Constitutes Cruel And Unusual Punishment Under The Eighth Amendment Proportionality Test — Solem V. Helm, 103 S.Ct. 3001 (1983), Elizabeth Gilbert Osterman

University of Baltimore Law Review

No abstract provided.

The Impact Of Kolender V. Lawson On Law Enforcement And Minority Groups, Dan Stormer, Paul Bernstein

UC Law Constitutional Quarterly

No abstract provided.

Electronic Surveillance, Computers, And The Fourth Amendment - The New Telecommunications Environment Calls For Reexamination Of Doctrine, Arthur R. Landever

Law Faculty Articles and Essays

We are in the midst of a revolution in information collection and telecommunications. Computer networking, the unification of the various telecommunications systems, the establishment of central data banks, and government tracking and profiling of vast numbers of Americans present momentous challenges for our constitutional system. Increasingly, in our evolving culture, an individual enters the public setting in order to conduct his personal life. Fourth Amendment doctrine respecting electronic surveillance, as well as Supreme Court notions of "free choice" and "assumption of risk" must come to grips with this new reality. In the main, the author urges judicial intervention, as the …

The Fifth Amendment Privilege And Documents--Cutting Fisher's Tangled Line, Robert Heidt

Articles by Maurer Faculty

No abstract provided.

The First Amendment And Mandatory Courtroom Closure In Globe Newspaper Co. V. Superior Court: The Press' Right, The Child Rape Victim's Plight, Arthur S. Frumkin

UC Law Constitutional Quarterly

No abstract provided.

The Separation Of Governmental Powers Under The Constitution Of Kentucky: A Legal And Historical Analysis Of L.R.C. V. Brown, Sheryl G. Snyder, Robert M. Ireland

Kentucky Law Journal

No abstract provided.

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

Quaderni Di Scienze Criminali: The Penal Protection of Works of Art. Edited by the International Institute of Higher Studies in Criminal Sciences. Siracusa, Italy: The International Institute of Higher Studies in Criminal Sciences, 1983. Pp. 447.

Japanese Business Law and the Legal System. By Elliott J. Hahn. Westport, Connecticut and London, England: Quorum Books, 1984. Pp. vii, 168. $35.00.

The Exchange Rate System: Lessons of the Past and Options for the Future. Edited by Ellas H. Wright. Washington, D.C.: International Monetary Fund, 1984. Pp. vii, 55. $7.50.

The International Maritime Organization. Edited by Samie Mandrabody. London: Croom Helm Ltd., 1984. …

Miranda Revisited: Broadening The Right To Counsel During Custodial Interrogation--Commonwealth V. Sherman, Beth Cohen

Faculty Scholarship

The judicially created Miranda protections require law enforcement officials to inform criminal suspects of their right to counsel prior to proceeding with custodial interrogation. In Commonwealth v. Sherman, the Supreme Judicial Court of Massachusetts considered whether a criminal defendant validly waived his right to counsel when a police officer failed to inform him that an attorney, appointed to represent him in an unrelated case, had requested to be present during his interrogation. Concluding that, under the peculiar circumstances of the case, the defendant did not voluntarily waive his right to counsel, the court suppressed the defendant's in-custody statements to police. …

The Burden Of Proof In Double Jeopardy Claims, Michigan Law Review

Michigan Law Review

This Note argues that once the defendant raises a nonfrivolous double jeopardy claim that turns on a question of fact, the government should have the burden of proving that the two crimes charged are actually different. Part I traces the development of the law and the major factors behind recent federal court scrutiny of the traditional rule. Part II argues that constitutional considerations require courts to shift the burden of proof to the government, not only when practical considerations suggest the shift, but in all cases turning on questions of fact. Finally, Part III reconciles this allocation with the well-established …

Recognizing A Constitutional Right Of Media Access To Evidentiary Recordings In Criminal Trials, Teri G. Rasmussen

University of Michigan Journal of Law Reform

This Note advocates recognition of a constitutional right of press access to evidentiary recordings in criminal trials. It proposes methods for accommodating the competing rights of the news media to have access to evidentiary recordings used in criminal trials and the right of criminal defendants to a fair trial. Part I examines the source of controversy and sets forth the limitations inherent in the current common law presumption of press access to judicial records. Part II disusses the underlying values that require recognition of the constitutional right and suggests that such a right can be accommodated with a defendant's right …

The Reporter's Privilege: An Analysis Of The Common Law, Branzberg V. Hayes , And Recent Statutory Developments, Paul Marcus

Faculty Publications

No abstract provided.

Constitutional Limitations On Postarrest, Prehearing Detention

Washington and Lee Law Review

No abstract provided.

The Great American Legal Scholarship Bazaar, Graham Hughes

Journal of Legal Education

No abstract provided.

Pretrial Bail: A Deprivation Of Liberty Or Property With Due Process Of Law

Washington and Lee Law Review

No abstract provided.

Where Do The New Scholars Learn New Scholarship?, Franklin E. Zimring

Journal of Legal Education

No abstract provided.

A Due Process Of Judicially-Authorized Presumptions In Federal Aggravated Bank Robbery Cases, James F. Ponsoldt

Scholarly Works

Within the past fifteen years several broadly-focused articles have identified general constitutional limits, under the due process clause, on presumptions and inferences created by statute or applied by courts in trying criminal cases. Recently, in County Court of Ulster County, New York v. Allen , the Supreme Court affirmed the validity of the evidentiary devices of inference and presumptions and labeled them "a staple of our adversary system of factfinding." This suggest that to unreasonably curtail the use of circumstantial evidence in the factfinding process would place an intolerable burden on prosecutors in their efforts to prove guilt beyond a …

Constitutional Law—First Amendment Right Of Access To Criminal Trials, C. Lyn Peeples

University of Arkansas at Little Rock Law Review

No abstract provided.

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

Berger's Defense Of The Death Penalty: How Not To Read The Constitution, Hugo Adam Bedau

Michigan Law Review

A Review of Death Penalties: The Supreme Court's Obstacle Course by Raoul Berger

The Death Penalty In America, Michigan Law Review

Michigan Law Review

A Review of The Death Penalty in America (Third Edition) by Hugo Adam Bedau