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Hearings On Jury Bias Or Misconduct, Ronald J. Bacigal Jan 1984

Hearings On Jury Bias Or Misconduct, Ronald J. Bacigal

Law Faculty Publications

In the recent cases of Smith v. Phillips, and Rushen v. Spain, the United States Supreme Court recognized that judicial review of ex parte contacts with a sitting jury may raise a number of separate but interrelated constitutional rights: (1) the right to an impartial jury; (2) the right to a due process post-trial hearing on jury bias; (3) a possible due process right to a mid-trial hearing on jury bias; (4) the defendant's right to be present at such mid· trial hearings; and (5) the right to be represented at such mid-trial hearings. As Justice Stevens noted in his …


Attorney-Client Conflicts Of Interest And The Concept Of Non-Negotiable Fee Awards Under 42 U.S.C. § 1988, Emily M. Calhoun Jan 1984

Attorney-Client Conflicts Of Interest And The Concept Of Non-Negotiable Fee Awards Under 42 U.S.C. § 1988, Emily M. Calhoun

Publications

No abstract provided.


United States V. Leon, Lewis F. Powell Jr. Oct 1983

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

Supreme Court Case Files

No abstract provided.


Cameras In The Courts: Can We Trust The Research?, Dan Slater, Valerie P. Hans Oct 1983

Cameras In The Courts: Can We Trust The Research?, Dan Slater, Valerie P. Hans

Cornell Law Faculty Publications

In several recent court cases, television viewers throughout the nation were able to see excerpts of actual trial testimony on network newscasts. These opportunities for camera coverage have come about as a result of the U.S. Supreme Court's 1981 decision in Chandler v. Florida. In that case the Court ruled that each state was free to determine whether to permit "extended media coverage," including camera coverage, in its courts, and to set appropriate guidelines for such coverage. Before adopting permanent rules for camera coverage, most states have conducted one year tests — which they have called "experiments" — during …


Jury Vetting: The Jury Under Attack, Peter Duff, Mark Findlay Jul 1983

Jury Vetting: The Jury Under Attack, Peter Duff, Mark Findlay

Research Collection Yong Pung How School Of Law

The English jury has recently been undergoing various alterations. These changes have their roots in assumptions, often not clearly identified, about the nature and purpose of the jury within the criminal justice system. Once the purpose and ideals of the jury system are identified, and there may be arguments about what they are,' it becomes apparent that there may be a conflict about how they should be put into practice. The state and its agencies may take one view whilst others may differ. An example of one such conflict is the controversy over the newly discovered practice of 'jury vetting'.


The Public Right Of Access To Juvenile Delinquency Hearings, Michigan Law Review May 1983

The Public Right Of Access To Juvenile Delinquency Hearings, Michigan Law Review

Michigan Law Review

Despite the differences between the criminal and juvenile court systems, the Supreme Court has extended many criminal procedural safeguards to juvenile delinquency hearings. The Court does not, however, "automatically and preemptorily" apply every procedural safeguard to juvenile hearings; rather, it carefully examines the criminal trial standard in the context of delinquency hearings. Adopting a similar approach, this Note considers the implications of a constitutional right of access to juvenile delinquency hearings. Part I examines the right of access announced in Globe Newspaper and Richmond Newspapers v. Virginia. Part II looks at the juvenile justice system and argues that extension …


Improving Jury Deliberations: A Reconsideration Of Lesser Included Offense Instructions, Michael D. Craig Apr 1983

Improving Jury Deliberations: A Reconsideration Of Lesser Included Offense Instructions, Michael D. Craig

University of Michigan Journal of Law Reform

This Note approves of efforts to avoid hung juries by giving lesser included offense instructions but opposes those instructions that restrict juror decisions and coerce minority jurors. Rather, this Note offers a lesser included offense instruction that promotes flexibility and jury compromise without undermining the deliberative process. Part I describes the problem of hung juries and how courts have tried to prevent them with restrictive lesser included offense instructions. Part II analyzes the coercive impact of restrictive lesser included offense instructions and concludes that an instruction conditioning deliberations upon individual juror disagreement better promotes compromises on the merits while reducing …


Habeas Corpus Review Of State Trial Court Failure To Give Lesser Included Offense Instructions, Michael H. Hoffheimer Apr 1983

Habeas Corpus Review Of State Trial Court Failure To Give Lesser Included Offense Instructions, Michael H. Hoffheimer

University of Michigan Journal of Law Reform

This Note advocates that federal courts review state criminal convictions in habeas corpus proceedings when lesser included offense instructions are available under state law but were not given. Part I demonstrates that granting such review conforms to the modern jurisdictional scope of federal collateral review because failure to give the instructions undermines the fact-finding function of juries and is therefore unconstitutional. Part II analyzes the proper standard of review and determines that the federal interest in protecting the reliability of the fact-finding process should prevail over any conflicting state interest in refusing to give lesser included offense instructions. Part II …


Habeas Corpus: Its History And Its Future, Charles Alan Wright Mar 1983

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


Reconstructing Reality In The Courtroom: Justice And Judgement In American Culture, Michigan Law Review Mar 1983

Reconstructing Reality In The Courtroom: Justice And Judgement In American Culture, Michigan Law Review

Michigan Law Review

A Review of Reconstructing Reality in the Courtroom: Justice and Judgement in American Culture by W. Lance Bennett and Martha S. Feldman


Watching The Judiciary Watch The Police, Jon O. Newman Mar 1983

Watching The Judiciary Watch The Police, Jon O. Newman

Michigan Law Review

A Review of Police Practices and the Law: Essays from the Michigan Law ReviewThe University of Michigan Press


Exploring The Roots Of Our Criminal Justice Systems, Samuel Walker Mar 1983

Exploring The Roots Of Our Criminal Justice Systems, Samuel Walker

Michigan Law Review

A Review of The Roots of Justice by Lawrence M. Friedman and Robert V. Percival, and Conscience and Convenience by David Rothman


Reassessing The Role Of The Trial Judge In Verdictless Dispositions Of Criminal Cases, H. Richard Uviller Mar 1983

Reassessing The Role Of The Trial Judge In Verdictless Dispositions Of Criminal Cases, H. Richard Uviller

Michigan Law Review

A Review of The Passive Judiciary by Abraham S. Goldstein


The Right To Bail In United States Extradition Proceedings, Carl A. Valenstein Jan 1983

The Right To Bail In United States Extradition Proceedings, Carl A. Valenstein

Michigan Journal of International Law

This note examines the judicial rationale for denying bail in extradition proceedings except in special circumstances. The author maintains that the courts apply the special circumstances rule inconsistently. Moreover, a better balance should be struck between the interests of the accused and the interests of the United States Government. This can be accomplished by granting the accused in an extradition proceeding the same right to bail before a final order granting extradition as exists under the federal bail statute.


Bowman V. Leverette: Retroactivity Of Criminal Procedure Decisions, Mary Sanders Richards, John Michael Hedges Jan 1983

Bowman V. Leverette: Retroactivity Of Criminal Procedure Decisions, Mary Sanders Richards, John Michael Hedges

West Virginia Law Review

No abstract provided.


The Media And The Courts: A Troubled Symbiosis, Donald L. Burnett Jr. Jan 1983

The Media And The Courts: A Troubled Symbiosis, Donald L. Burnett Jr.

Articles

No abstract provided.


Confessions, Yale Kamisar Jan 1983

Confessions, Yale Kamisar

Book Chapters

The entry for 'Confessions' in the Encyclopedia of Crime and Justice, 1983


Protecting The Rights Of The Requested Person In Extradition Proceedings: An Argument For A Humanitarian Exception, Leslie Anderson Jan 1983

Protecting The Rights Of The Requested Person In Extradition Proceedings: An Argument For A Humanitarian Exception, Leslie Anderson

Michigan Journal of International Law

This article will first define the types of post-extradition treatment which requested persons have raised as requiring judicial attention. It will next survey judicial responses to these claims and then consider the scope of executive review. The article concludes that the courts have exaggerated the range of executive discretion to deny extradition. As extradition currently operates in the United States, there is the serious possibility that a bona fide claim of unfair treatment would not receive adequate consideration by either the judicial or executive branch.


The Meaning Of Judicial Self-Restraint, Richard A. Posner Jan 1983

The Meaning Of Judicial Self-Restraint, Richard A. Posner

Indiana Law Journal

No abstract provided.


An Appellate Court Dilemma And A Solution Through Subject Matter Organization, Daniel J. Meador Jan 1983

An Appellate Court Dilemma And A Solution Through Subject Matter Organization, Daniel J. Meador

University of Michigan Journal of Law Reform

The recent litigation explosion presents a two-pronged dilemma for American appellate courts. If, on the one hand, the number of appellate judges is not expanded to keep abreast of growing case loads, there is a risk that courts will rely too heavily on professional staff, thereby watering down the decision-making process. If, on the other hand, the number of judges is proportionately increased with the growth in appellate litigation, the number of three-judge decisional units will also increase, thereby threatening predictability and uniformity in the law of the jurisdiction. This Article undertakes to explain that dilemma and to offer a …


Fair Trial And Free Press—Washington Conditions Media Access To The Courtoom—Federated Publications, Inc. V. Swedberg, 96 Wn. 2d 13, 633 P.2d 74 (1981), Cert. Denied, 102 S. Ct. 2257 (1982), Lynne Adrienne Chafetz Nov 1982

Fair Trial And Free Press—Washington Conditions Media Access To The Courtoom—Federated Publications, Inc. V. Swedberg, 96 Wn. 2d 13, 633 P.2d 74 (1981), Cert. Denied, 102 S. Ct. 2257 (1982), Lynne Adrienne Chafetz

Washington Law Review

During a prosecution for attempted murder, the trial judge determined that detailed reporting of the pretrial suppression hearing would jeopardize the defendant's right to a fair trial. Judge Swedberg therefore conditioned the media's attendance on their agreement to abide by the 1974 Washington State Bench-Bar-Press Guidelines. Federated Publications, publisher of the Bellingham Herald, refused to sign the agreement and refused to allow its reporters to attend solely in a nonprofessional capacity. It argued that conditioning media attendance on compliance with the Bench-Bar-Press Guidelines constituted a prior restraint and that the trial judge exceeded his power by excluding nonsigning media representatives. …


Methodological Issues In The Evaluation Of "Experiments" With Cameras In The Courts, Dan Slater, Valerie P. Hans Oct 1982

Methodological Issues In The Evaluation Of "Experiments" With Cameras In The Courts, Dan Slater, Valerie P. Hans

Cornell Law Faculty Publications

Evaluations of "experiments" of extended media coverage of the courts, i.e., cameras in the courts, have relied upon survey research. The authors argue that such evaluations have been inadequate and future evaluations need to compare conventional media coverage vs. extended media coverage using field experimental research designs.


Pretrial Procedure Under The Massachusetts Rules Of Criminal Procedure, Eric D. Blumenson, Eva Nilsen Jun 1982

Pretrial Procedure Under The Massachusetts Rules Of Criminal Procedure, Eric D. Blumenson, Eva Nilsen

Faculty Scholarship

The Massachusetts Rules of Criminal Procedure became effective on July 1, 1979. While many of their provisions helpfully codify previously existing practice and case law, the Rules have in some areas effected a major transformation of criminal procedure. This article examines the changes wrought by the Rules in the pretrial arena, with emphasis on those areas that remain somewhat unfamiliar to the practitioner or untested against constitutional challenge in the courts. While the Rules appear to have done an admirable job of simplifying and rationalizing the criminal trial process, their emphasis on mutuality and reciprocity have in some cases created …


Judicial Proposals To Limit The Jurisdictional Scope Of Federal Post-Conviction Habeas Corpus Consideration Of The Claims Of State Prisoners, R. Nils Olsen Jr. Apr 1982

Judicial Proposals To Limit The Jurisdictional Scope Of Federal Post-Conviction Habeas Corpus Consideration Of The Claims Of State Prisoners, R. Nils Olsen Jr.

Buffalo Law Review

No abstract provided.


The Media In The Courtroom: Attending, Reporting, Televising Criminal Cases, Paul Marcus Apr 1982

The Media In The Courtroom: Attending, Reporting, Televising Criminal Cases, Paul Marcus

Indiana Law Journal

No abstract provided.


How Courts Govern America, Michigan Law Review Mar 1982

How Courts Govern America, Michigan Law Review

Michigan Law Review

A Review of How Courts Govern America by Richard Neely


The Federal Speedy Trial Act: Stampede Into Ambush, 16 J. Marshall L. Rev. 27 (1982), Robert L. Doyel Jan 1982

The Federal Speedy Trial Act: Stampede Into Ambush, 16 J. Marshall L. Rev. 27 (1982), Robert L. Doyel

UIC Law Review

No abstract provided.


Social Enquiry Reports And Sentencing, Jenny M. Roberts, Colin Roberts Jan 1982

Social Enquiry Reports And Sentencing, Jenny M. Roberts, Colin Roberts

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Court Rulemaking In Washington, Hugh Spitzer Jan 1982

Court Rulemaking In Washington, Hugh Spitzer

Seattle University Law Review

This article suggests that Washington court rule controversies arise from the lack of a clear, constitutionally established apportionment of rulemaking powers between the legislative and judicial branches, and that there is a lack of procedures providing adequate internal safeguards and accountability. This article first reviews the classical separation of powers doctrine. The discussion then focuses on internal procedural safeguards that also serve within each power center to discourage arbitrary or ill-considered action. This article then reviews the history of court rulemaking in Washington and in other jurisdictions and suggests that from a logical view, the scope of sole judicial power …


The Exercise Of Supervisory Power By The Third Circuit Court Of Appeals, Murray M. Schwartz Jan 1982

The Exercise Of Supervisory Power By The Third Circuit Court Of Appeals, Murray M. Schwartz

Villanova Law Review (1956 - )

No abstract provided.