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Constitutional Law--Double Jeopardy--Prosecutions By Both A City And A State For An Identical Offense As A Violation Of The Prohibition Against Double Jeopardy--Waller V. State, Michigan Law Review

Michigan Law Review

In Benton v. Maryland, decided in June of this year, the Supreme Court explicitly extended fifth amendment protection against double jeopardy to the states through the fourteenth amendment. Palko was specifically overruled to the extent that it was inconsistent with the Benton decision. Thus, the theories traditionally used to defend prosecutions by both a city and a state for the same offense must be examined to determine whether they are still valid when the fifth amendment's prohibition against double jeopardy is applied to state proceedings. This Recent Development examines the implications of the Benton decision for those theories.

Book Notes, Law Review Staff

Vanderbilt Law Review

The Child Savers: The Invention of Delinquency By Anthony M. Platt Chicago: University of Chicago Press, 1969. Pp. ix, 202.$8.50.

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Juvenile Delinquency and Urban Areas (rev. ed.) By Clifford R.Shaw & Henry D. McKay Chicago: University of Chicago Press,1969. Pp. 394.

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The Positive School of Criminology Edited by Stanley E. Grupp Pittsburgh: University of Pittsburgh Press, 1968. Pp. vi, 114. $5.95.

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State and Local Tax Problems Edited by Harry L. Johnson Knoxville: University of Tennessee Press, 1969. Pp. xiii, 190. $7.50.

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Tension in the Cities By James A. Bayton Philadelphia: Chilton Book Co., 1969. Pp. x, …

Personal Privacy In The Computer Age: The Challenge Of A New Technology In An Information-Oriented Society, Arthur R. Miller

Michigan Law Review

The purpose of this Article is to survey the new technology's implications for personal privacy and to evaluate the contemporary common-law and statutory pattern relating to data-handling. In the course of this examination, it will appraise the existing framework's capacity to deal with the problems created by society's growing awareness of the primordial character of information. The Article is intended to be suggestive; any attempt at definitiveness would be premature. Avowedly, it was written with the bias of one who believes that the new information technology has enormous long-range societal implications and who is concerned about the consequences of the …

To Insure Due Process And Equal Protection, Such Facts As Are Necessary To Adjudicate A Child Delinquent Must Be Proved Beyond A Reasonable Doubt Rather Than By A Preponderance Of The Evidence., G. P. Hardy Iii

St. Mary's Law Journal

Abstract Forthcoming.

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Imprisonment Of Indigents For Non-Payment Of Fines: Equal Protection Or Substitute Punishment? - Morris V. Schoonfield

Maryland Law Review

No abstract provided.

The Effect Of Mathis On Right To Counsel In Tax Investigations, Norvie L. Lay

Villanova Law Review (1956 - )

No abstract provided.

Constitutional Law--Freedom Of Expression--Symbolic Free Speech, Nestor L. Olesnyckyj

Kentucky Law Journal

No abstract provided.

New Frontiers, Michael E. Tigar

Faculty Scholarship

No abstract provided.

A Constitution For Every Man, William W. Van Alstyne

Faculty Scholarship

No abstract provided.

Bail As A Preferred Freedom And The Failures Of New York's Revision, Neil Fabricant

Buffalo Law Review

No abstract provided.

The Background Of The Fourth Amendment To The Constitution Of The United States, Joseph J. Stengel

University of Richmond Law Review

It is generally agreed that the antecedent history of the Fourth Amendment to the Constitution of the United States is concerned primarily with those events that took place in England and the AmericanColonies in the thirty years immediately preceding the adoption of the Amendment. However, it also seems clear that it was the executive abuse of search and seizure in England throughout the centuries that led to those events. The search for the reason "why" of the Fourth Amendment should then logically begin with the earliest recorded events, statutes and cases involving search and seizure in English history and be …

Journalistic Media And Fair Trial, William M. Ware, Gerard D. Dimarco

Cleveland State Law Review

The rights of an accused to a fair trial, and freedom of the press, both are fundamental rights guaranteed by the Federal Constitution. Yet these constitutional guarantees, in collision, present one of the most critical current conflicts in the administration of criminal justice. The problem involves what is presently called "prejudicial news reporting" -news which is prejudicial to the right of the defendant to a fair trial. This paper will try to analyze this conflict, hoping to reach some conclusions which will ultimately aid in the administration of justice without abridging the rights of any parties involved.

Civil Rights, The Constitution And The Courts, By Archibald Cox, Mark Dewolfe Howe, And J.R. Wiggins, Winton D. Woods

Indiana Law Journal

No abstract provided.

Appendix: Opinion On Some Constitutional Problems—The Rule Of Law, Kenzo Takayanagi

Washington Law Review

Translator's Note: On July 19, 1963, at the 114th plenary session of the Commission on the Constitution, the late Professor Kenzo Takayanagi, its chairman, submitted a long opinion on constitutional problems. It was published as a 76-page appendix to the minutes of that session. The opinion was organized into nine sections: General Problems (an evaluation of the process of enactment, constitutional revision, constitutional interpretation, and the written style of the Constitution totalling 8 pages); The Emperor (7 pages); The Renunciation of War (9 pages); The Rule of Law (24 pages); The Parliamentary Cabinet System (19 pages); Finances (3 pages); Local …

A Constitutional Dilemma For Loitering Statutes?, Anon

Washington Law Review

Defendant was stopped on a public sidewalk by a police officer and asked to identify himself and account for his presence. He refused to comply with this request, and was arrested and charged with disorderly conduct. On appeal to the California District Court of Appeals, the lower court's dismissal was reversed. Held: One who loiters or wanders upon the streets or from place to place without apparent reason or business has no constitutional right to remain silent when the surrounding circumstances are such as to indicate to a peace officer as a reasonable man that the public safety demands that …

A Constitutional Dilemma For Loitering Statutes?, Anon

Washington Law Review

Defendant was stopped on a public sidewalk by a police officer and asked to identify himself and account for his presence. He refused to comply with this request, and was arrested and charged with disorderly conduct. On appeal to the California District Court of Appeals, the lower court's dismissal was reversed. Held: One who loiters or wanders upon the streets or from place to place without apparent reason or business has no constitutional right to remain silent when the surrounding circumstances are such as to indicate to a peace officer as a reasonable man that the public safety demands that …

The Confusion Of Confinement Syndrome: An Analysis Of The Confinement Of Mentally Ill Criminals And Ex-Criminals By The Department Of Correction Of The State Of New York, Grant H. Morris

Buffalo Law Review

No abstract provided.

'Custodial Interrogation' Within The Meaning Of Miranda, Yale Kamisar

Book Chapters

The primary conceptual hurdle confronting the Miranda Court was the "legal reasoning" that any and all police interrogation is unaffected by the privilege against self-incrimination because such interrogation does not involve any kind of judicial process for the taking of testimony; inasmuch as police officers have no legal authority to compel statements of any kind, there is no legal obligation, ran the argument, to which a privilege can apply. See, e.g., the discussion and authorities collected in Kamisar, A Dissent from the Miranda Dissents: Some Comments on the "New" Fifth Amendment and the Old "Voluntariness" Test, 65 MICH. L. REv. …

Do Police Sometimes Practice 'Civil Disobedience', Too?, Yale Kamisar

Articles

In a recent address, Mr. Joseph J. Casper, Assistant Director of the FBI, asserted that "a society living under the rule of law cannot permit persons to choose the Jaws which they will obey and the Jaws which they will break." But on reading the rest of his speech, one wonders whether he would strenuously object if the police were permitted to select the laws which they must obey and those they may disregard.

Constitutional Law - Criminal Law - Right Of An Accused To The Presence Of Counsel At Post-Indictment Line-Up - United States V. Wade, 87 S. Ct. 1926 (1967), John C. Sours

William & Mary Law Review

No abstract provided.

67/11/17 Brief Of Americans For Effective Law Enforcement, As Amicus Curiae, James R. Thompson

United States Supreme Court

"Despite the evidence which has been found of cases in which some police have abused field interrogation in some instances - evidence upon which the amicus relies so heavily - the President's Commission on Law Enforcement and Administration of Justice unanimously recommends its adoption and use :

"The Commission believes that there is a definite need to authorize the police to stop suspects and possible witnesses of major crimes, to detain them for brief questioning if they will not voluntarily cooperate, and to search such suspects for dangerous weapons when such precaution is necessary."

This Amicus Curiae requests that the …

Advisory Committee On Sentencing And Review: American Bar Association Project On Minimum Standards For Criminal Justice: Standards Relating To Post-Conviction Remedies, Daniel J. Meador

Michigan Law Review

A Review of American Bar Association Project on Minimum Standards for Criminal Justice: Standards Relating to Post-Conviction Remedies (Tentative Draft) recommended by the Advisory Committee on Sentencing and Review

67/10/25 Brief Of Attorney General Of The State Of New York As Amicus Curiae In Support Of Appellees, Louis J. Lefkowitz, Samuel A. Hirshowitz, Maria L. Marcus, Brenda Soloff

United States Supreme Court

New York Attorney General Amicus Curiae brief argues that police should be able to stop and question suspects whom they reasonably believe have or are planning to commit a felony.

67/08/31 Brief For The N.A.A.C.P Legal Defense And Educational Fund, Inc., As Amicus Curiae, Jack Greenberg, James M. Nabrit Iii, Michael Meltsner, Melvyn Zarr, Anthony G. Amsterdam, William E. Mcdaniels Jr.

United States Supreme Court

"The Court should hold that neither stops nor frisks may be made without probable cause. In each of these cases, the judgment of conviction should be reversed" -- conclusion, p. 69.

Criminal Procedure—Indictment—Evidence Inadmissible At Trial Is Inadmissible In Grand Jury Proceedings, Michael Nelson

Buffalo Law Review

West v. United States, 359 F.2d 50 (8th Cir.), cert. denied mem., 87 Sup. Ct. 131 (1966).

1787: The Grand Convention, By Clinton Rossiter

Washington and Lee Law Review

No abstract provided.

Criminal Law—Punishment—Imprisonment Of Indigent For Non-Payment Of A Fine Unconstitutional If Extended Beyond Minimum Statutory Sentence, David R. Pfalzgraf

Buffalo Law Review

People v. Saffore, 18 N.Y.2d 101, 218 N.E.2d 686, 271 N.Y.S.2d 972 (1966).

Newsmen And The Times Doctrine, Harold L. Nelson

Villanova Law Review (1956 - )

No abstract provided.

United States V. Tempia: The Questionable Application Of Miranda To The Military, James F. Falco

Villanova Law Review (1956 - )

No abstract provided.