Digital Commons Network^™

Revocation Of Conditional Liberty For The Commission Of A Crime: Double Jeopardy And Self-Incrimination Limitations, Michigan Law Review

Michigan Law Review

Persons on deferred sentence, probation, or parole who arguably violate the criminal law may face two proceedings: a hearing to revoke their conditional liberty and a criminal trial. The possibility of two proceedings raises at least two major constitutional questions. First, are the defendant's rights under the double jeopardy or due process clauses violated if the state holds two inquiries into the alleged criminal act? Second, is the defendant's privilege against self-incrimination abridged if the revocation hearing is held before the criminal trial?

Due Process In The Prison: A Third Form, Edmund B. Spaeth Jr.

Villanova Law Review (1956 - )

No abstract provided.

Recent Cases, Susan E. Dominick, Robert D. Butters, Walter T. Eccard

Vanderbilt Law Review

The first amendment guarantee of free exercise of religion, although couched in absolute terms, has never been considered an absolute right. The first significant free exercise case, Reynolds v.United States,' upheld the conviction of a Mormon polygamist who claimed a religious exemption from the bigamy laws on the basis of the first amendment. The Court held that while Congress was left powerless to legislate in matters of mere opinion, it was nonetheless" left free to reach actions which were in violation of social duties or subversive of good order."'

Susan E. Dominick

=========================

The instant decision appears to be the …

Roberts V. Louisiana, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Proffitt V. Florida, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

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

Supreme Court Case Files

No abstract provided.

City Of New Orleans V. Dukes, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Gerstein V. Pugh, 420 U.S. 103 (1975); In Re Florida Rules Of Criminal Procedure, 309 So. 2d 544 (Fla. 1975), R. Wayne Miller

Florida State University Law Review

Criminal Procedure- PRELIMINARY HEARINGS- NONADVERSARY JUDICIAL DETERMINATION OF PROBABLE CAUSE TO DETAIN IS PREREQUISITE TO EXTENDED RESTRAINT OF LIBERTY FOLLOWING ARREST.

A Constitutional Analysis Of Indiana's "Fleeing A Police Officer" Statute, Jane Mallor

Indiana Law Journal

No abstract provided.

Ex Post Facto Limitations On Legislative Power, Michigan Law Review

Michigan Law Review

This Note explores the rationale underlying the prohibition of ex post facto laws and formulates an analytic framework for a more principled application .of the prohibition. This analytic framework is then used, first, to critique the present strict application of the prohibition to changes in criminal "punishments" and determine whether the prohibition should be applied to sanctions imposed outside the criminal context, and, second, to determine the degree to which the prohibition should be applied to procedural changes.

Pretrial Diversion From The Criminal Process: Some Constitutional Considerations, Kenneth W. Macke

Indiana Law Journal

No abstract provided.

The Constitution After Watergate, William F. Swindler

Faculty Publications

No abstract provided.

Expanding Defendant's Discovery: The Jencks Act At Pretrial Hearings, David B. Olney

Buffalo Law Review

No abstract provided.

Attica, Jury Pools And The Intent Requirement Of The Equal Protection Clause, Kenneth B. Forrest

Buffalo Law Review

No abstract provided.

The Constitutional Rights Of Criminal Defendants: The Identity Of Informers, 8 J. Marshall J. Prac. & Proc. 401 (1975), John W. Cox Jr.

UIC Law Review

No abstract provided.

The Federal Anti-Riot Act And Political Crime: The Need For Criminal Law Theory, Marvin Zalman

Villanova Law Review (1956 - )

No abstract provided.

A Guide To Pennsylvania Delinquency Law, Leonard Packel

Villanova Law Review (1956 - )

No abstract provided.

No Right To Counsel For Indigent Criminal Defendants On Subsequent Discretionary Appellate Review: Due Process Or Unequal Protection

Maryland Law Review

No abstract provided.

A Reconsideration Of The Fourth Amendment's Doctrine Of Search Incident To Arrest.Pdf, David Aaronson

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: The doctrine of search incident to arrest provides that, as an incident to every lawful full custody arrest, law enforcement officers have an automatic right to conduct a thorough search of the arrestee and the area within his immediate control.' Although the Supreme Court has stated that the search incident to arrest exception to the fourth amendment's general requirement of a search warrant has been "settled from its first enunciation," the doctrine should be reexamined in terms of constitutional jurisprudence.

An Early View Of Executive Powers And Privilege: The Trial Of Smith And Ogden, Robert J. Reinstein

UC Law Constitutional Quarterly

No abstract provided.

Pre-Trial Detainees Must Be Held Under The Least Restrictive Means Possible To Assure The Detainees' Presence At Trial. Rhem V. Malcolm, 371 F. Supp. 594, Opinion Supplemented, 377 F. Supp. 995 (S.D.N.Y.), Aff'd, 507 F.2d 333 (2d Cir. 1974)., Todd L. Klipp

Fordham Urban Law Journal

Plaintiffs, detainees at the Manhattan House of Detention for Men (MHD), more commonly known as the "Tombs," brought suit for declaratory and injunctive relief against the Commissioner of Corrections of the City of New York, the warden, the mayor, and various state officials. Plaintiffs alleged that the conditions of their detention constituted a denial of their rights under the first, fifth, sixth, eighth, and fourteenth amendments. The United States District Court for the Southern District of New York found unconstitutional conditions did exist and ordered the city to submit a plan within thirty days to remedy the constitutional infirmities. Six …

Due Process Considerations In Grievance Arbitration Proceedings, Alan Carlson, Bruce Phillips

UC Law Constitutional Quarterly

No abstract provided.

Due Process In Sentencing: A Right To Rebut The Presentence Report, Robert Andrew Harkness

UC Law Constitutional Quarterly

No abstract provided.

The Case Against Impoundment, Richard Adley Salomon

UC Law Constitutional Quarterly

No abstract provided.

Constitutional Right Of Privacy And Investigative Consumer Reports: Little Brother Is Watching You, Marsha Morrow Mclaughlin, Suzanne Vaupel

UC Law Constitutional Quarterly

No abstract provided.

Gordon V. Justice Court: Defendant's Right To A Competent Tribunal, Lynda D. Nelson

UC Law Constitutional Quarterly

No abstract provided.

Constitutional Law- Due Process- All But Minimal Procedural Due Process Safeguards Held Inapplicable At In-Prison Disciplinary Proceedings

University of Richmond Law Review

Inmates in penal institutions have historically been afforded less than the full panoply of procedural rights which the federal courts have guaranteed in criminal proceedings. The traditional attitude that constitutional rights were left outside the prison gate eventually gave way to a recognition that some fundamental substantivedue process rights are retained by prisoners. Because of an unwillingness to risk possible impairment of security and order by overburdening officials with procedural matters, the judiciary fashioned a "hands-off" doctrine as to proceduraldue process rights. This doctrine precluded judicial review of prison disciplinary action absent a showing that the action violated the eighth …

Constitutional Law-Equal Protection-Reimbursement Of Appointed Counsel Fees As A Condition Of Probation Held Not Violative Of The Equal Protection Clause

University of Richmond Law Review

Every defendant facing criminal prosecution that may result in imprisonment is guaranteed the right to counsel. The Supreme Court has required appointed counsel for indigents in widening classes of cases and at different stages of prosecution. This trend has increased the burden on public revenues, and many states, in an effort to recover some of the costs, have enacted recoupment statutes. Several state courts have expressed unfavorable opinions as to the constitutionality of these statutes. The first Supreme Court decision to focus on a state recoupment statute struck it down as violative of the equal protection clause.

Constitutional Law-Equal Protection-Failure To Appoint Counsel On Discretionary Appeals Held Not Violative Of Fourteenth Amendment

University of Richmond Law Review

An indigent defendant in a state criminal prosecution is guaranteed the right to appointed counsel. The boundaries of this right, however, have yet to be fully developed. For instance, the right to counsel on appeal has developed in stages. Initially, the indigent criminal defendant successfully attacked state statutes establishing filing fees or other financial prerequisites which denied him access to the appellate level. Soon the Supreme Court clarified its position on such discriminatory statutes by specifically extending the right to proceed in forma pauperisto discretionary appeals. The indigent attempted to extend the Court's reasoning in the filing fee cases to …

New Approaches To The Civil Disabilities Of Ex-Offenders, Walter W. May, Larry F. Sword

Kentucky Law Journal

No abstract provided.