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Reforming The Federal Grand Jury And The State Preliminary Hearing To Prevent Conviction Without Adjudication, Peter Arenella

Michigan Law Review

It is this Article's thesis that the substitution of plea-bargaining for the criminal trial as our primary method for determining legal guilt requires a fundamental reassessment of our pretrial screening processes. In a system where the prosecutor's decision to file charges is usually followed by a negotiated guilty plea, we can no longer pretend that the pretrial process does not adjudicate the defendant's guilt. Accordingly, this Article argues that it no longer makes sense to rely primarily on the trial to safeguard essential accusatorial principles when pretrial screening devices like the preliminary hearing and the grand jury perform the only …

Constitutional Law - Sixth Amendment - Indigent Criminal Defendants - Right To Assigned Counsel - Misdemeanors, Patricia T. Galvin

Duquesne Law Review

The United States Supreme Court has held that the sixth and fourteenth amendments do not require a state to provide counsel for an indigent defendant charged with a crime for which imprisonment upon conviction is authorized but not imposed.

Scott v. Illinois, 99 S. Ct. 1158 (1979).

A Review Of Prisoners' Rights Under The First, Fifth, And Eighth Amendments, Judith Ann Mackarey

Duquesne Law Review

No abstract provided.

Warrantless Automobile Searches And Telephonic Search Warrants: Should The Automobile Exception Be Redrawn, John Heisse

UC Law Constitutional Quarterly

No abstract provided.

Judge Wright And The First Amendment, John P. Frank

UC Law Constitutional Quarterly

No abstract provided.

The Great Executive Hand Of Criminal Justice: The Crime Problem And The Activist Judge, Martin Lyon Levine

UC Law Constitutional Quarterly

No abstract provided.

Pen Registers And Privacy: Risks, Expectations, And The Nullification Of Congressional Intent, Clifford S. Fishman

Scholarly Articles

In United States v. New York Telephone Co. the Supreme Court first ruled that an ordinary search warrant sufficed to authorize law enforcement use of a pen register. Additionally, the Court ruled that a federal district judge possessed the authority to include within the search warrant an order compelling a telephone company to assist the government by installing a pen register on the targeted telephone.

In Smith v. Maryland, the Court considered the legality of pen register surveillance conducted by a telephone company pursuant to an informal police request, that is, without a warrant or other court order. In holding …

A Peek In Pandora's Box: Folding Carton And The Privilege Against Self-Incrimination In Civil Antitrust Actions, David D. Gregg

University of Michigan Journal of Law Reform

The purpose of this article is to examine the dimensions of an individual's Fifth Amendment privilege in a civil antitrust action where the person has not yet been guaranteed that criminal prosecution is no longer possible. Two issues are apparent: first, under what conditions may a civil antitrust defendant properly invoke the privilege; second, if a civil antitrust plaintiff seeks to discover information privileged under the Fifth Amendment, what is the proper response to the problem? Folding Carton provides an excellent example of the process of antitrust litigation and demonstrates the tensions involved. Using that case as an example, the …

The Privilege Against Self-Incrimination In Civil Commitment Proceedings, Marianne Wesson

Publications

No abstract provided.

Constitutional Law - Attorneys' Right To Free Speech Versus Protection Of Fair Trial - Dr 7-107 Restricting Attorneys' Speech During Pending Litigation Only Constitutional To Protect Criminal Jury Trial From Reasonable Likelihood Of Prejudice, Eugene Hamill

Villanova Law Review (1956 - )

No abstract provided.

Constitutional Law - First Amendment - The Public And Press Have A Right Of Access To Criminal Trials Absent An Overriding Interest Articulated In Findings, Bucky Mansuy

Villanova Law Review (1956 - )

No abstract provided.

Constitutional Law - Due Process - Minor Child May Be Voluntarily Committed To Mental Institution By Parents Or Guardian Following Precommitment Approval By A Staff Psychiatrist, Provided That The Child's Condition Is Then Periodically Reviewed, Helene M. Koller

Villanova Law Review (1956 - )

No abstract provided.

Press-Court Relations: Can They Be Improved, Alfred T. Goodwin

UC Law Constitutional Quarterly

No abstract provided.

The Prohibition Of Group-Based Stereotypes In Jury Selection Procedures, Howard M. Klein

Villanova Law Review (1956 - )

No abstract provided.

Selective Use Of The Executive Immunity Power: A Denial Of Due Process?, Howard Schwartz

Fordham Urban Law Journal

Attacks on the government's power to grant immunity to cooperative witnesses have been premised on several grounds, including the due process clause of the fifth amendment. It is upon this clause that the United States District Court of the Southern District of New York based a decision that a defendant was denied due process when the government refused to immunize him after granting immunization to its own witnesses. This article examines traditional arguments against challenging a prosecutor's immunity discretion, the procedural and substantive factors necessary in substantiating a defendant's due process claim, and the effect of immunization on the government's …

Harmless Error: Constitutional Sneak Thief, Steven H. Goldberg

Elisabeth Haub School of Law Faculty Publications

"Harmless constitutional error" is among the most insidious of legal doctrines. Since its promulgation by the United States Supreme Court in Chapman v. California, it has determined as many criminal appeals as have some of the more well-known and hotly debated decisions of the 1960s. Despite the frequency of its use in determining criminal appeals-possibly as high as ten percent of all criminal appeals during the last thirteen years it has received comparatively little critical attention. The reason for the inattention? It's a sneak thief. Its appearance does not raise apprehension, and its application does not leave concentrated areas of …

The Free Speech-Fair Trial Controversy: Dr 7-107, W. Jeffery Edwards

Washington and Lee Law Review

No abstract provided.

The Rational Basis Standard Of Equal Protection Review Of Ordinary Legislative Classifications, Edward L. Barrett

Kentucky Law Journal

No abstract provided.

Constitutional Law - Due Process Clause - Where New Prosecution Is Initiated For Additional Criminal Activity Not Specified In An Original Indictment, Actual Vindictiveness Is The Proper Standard To Determine Whether Such Prosecutorial Conduct Is Constitutionally Permissible, Peter R. Kahana

Villanova Law Review (1956 - )

No abstract provided.

A Functional Analysis Of The Effective Assistance Of Counsel, A Note, Bruce A. Green

Faculty Scholarship

The sixth amendment provides that in all criminal prosecutions the accused shall enjoy the right "to have the Assistance of Counsel for his defence." The Supreme Court has construed this clause to guarantee to criminal defendants the "effective" assistance of counsel performing within a minimum standard of competency. Prevalent lower court interpretations of the right. to effective assistance require a showing that counsel's inadequate performance caused actual prejudice to the defendant's interest in obtaining an acquittal. Because most defendants are unable to demonstrate the actual impact upon the outcome of their trial of an attorney's departure from normal competency, courts …

Rape Victim Shield Laws And The Sixth Amendment, J. Alexander Tanford, Anthony J. Bocchino

Articles by Maurer Faculty

No abstract provided.

The Rights Of Gay Prisoners: A Challenge To Protective Custody, Joan W. Howarth

Scholarly Works

This Note focuses on the specific issues raised by the traditional method of dealing with homosexuals in prison: isolation from the general prison population. This traditional segregation often results in almost twenty-four hour-a-day confinement to a cell, which severely limits access to programs and opportunities normally enjoyed by prisoners.

This Note first discusses the history and current practice of segregation of gay prisoners' as well as the broader subject of protective custody, and then outlines the judicial response to the problems of protective custody prisoners generally and gay prisoners specifically. It then critiques the judicial confusion and resulting reluctance to …

Constitutional Law-Criminal Law-Pretrial Detainees May Be Subjected To Conditions Of Confinement Reasonably Related To Legitimate Government Objectives-Bell V. Wolfish, 99 S. Ct. 1861 (1979).

BYU Law Review

No abstract provided.

Roberts V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

United States V. Salvucci, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

United States V. Payner, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Plea Bargaining: Is Contract Law Or Constitutional Law The Governing Principle, Herman Lewis Sloan

North Carolina Central Law Review

No abstract provided.

The Burger Court, 1969-1979: Continuity And Contras, William F. Swindler

Faculty Publications

No abstract provided.

Police Use Of Trickery As An Interrogation Technique, James G. Thomas

Vanderbilt Law Review

This Note maintains that trickery can be effectively curtailed despite the failure of Miranda to do so. This Note argues that trickery in the interrogation room is a violation of fourteenth amendment substantive due process. The Supreme Court has recently stated, in very unambiguous terms, that due process requirements exist independently of the fifth amendment Miranda requirements in the interrogation context." This Note therefore proposes an objective due process standard that would prohibit trickery. The violation of this due process standard would require the exclusion at trial of confessions induced by trickery. Because the exclusionary rule is not a sufficient …

The Younger Abstention Doctrine: Primary State Jurisdiction Over Law Enforcement., David A. Dittfurth

St. Mary's Law Journal

Abstract Forthcoming.