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The Second Circuit Review--1975-76 Term: Courts-- Evidence & Procedure: Commentary: The Second Circuit And The Federal Rules Of Evidence, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

The most significant development in federal trial procedure in recent years has been the enactment of the Federal Rules of Evidence, effective July 1, 1975. In the intervening two years since the Rules became effective, the courts of the Second Circuit have bad occasion to make several illuminating applications of and references to them.

An examination of some of these decisions provides insight into the kinds of questions that are coming up not only in the Second Circuit, but around the country, and the kinds of answers that are being given. It is not the bizarre or unusual case that …

Competency To Stand Trial In Federal Courts: Conceptual And Constitutional Problems, William T. Pizzi

Publications

No abstract provided.

Sentencing Alternatives For Virginia General District Courts, Jose R. Davila Jr., Robert L. Mordhorst

University of Richmond Law Review

The endless parade of humanity that passes before the benches of Virginia's general district courts accused of minor offenses presents to those charged with deciding these cases one of the most challenging judicial tasks of our day. The challenge in addition to deciding guilt or innocence is also determining what to do with those judged guilty. Those decisions influence to one degree or another the direction of peoples lives for their own and society's good or ill. Most of the offenders appearing before these courts are young people, often first offenders. The behavior patterns of their lives are not yet …

Conspiracy And Federal Jurisdiction: From Crimmins To Feola, Mark Berger

Faculty Works

No abstract provided.

The Second Circuit And The Federal Rules Of Evidence, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

The most significant development in federal trial procedure in recent years has been the enactment of the Federal Rules of Evidence, effective July 1, 1975. In the intervening two years since the Rules became effective, the courts of the Second Circuit have bad occasion to make several illuminating applications of and references to them.

An examination of some of these decisions provides insight into the kinds of questions that are coming up not only in the Second Circuit, but around the country, and the kinds of answers that are being given. It is not the bizarre or unusual case that …

The Supreme Court In Current Literature, Jenni Parrish, Roy Mersky

Faculty Scholarship

No abstract provided.

The Omnibus Hearing: Benefit Or Burden For State Courts?, Joel J. Fryer

Mercer Law Review

The inefficiency of the criminal justice system has come to be recognized by judicial reformers as a major problem that has been exacerbated by the expansion of the rights of defendants. During the past 15 years, largely in response to U.S. Supreme Court decisions attempting to insure due process and promote fairness, trial courts have had to accommodate not only the resultant changes in criminal practice and procedure but also the increased caseload caused by defendants' assertion of constitutional rights which have been recently articulated and guaranteed. The recognition that the burden placed on courts must not be so great …

Measuring The Duration Of Judicial And Administrative Proceedings, David S. Clark, John Henry Merryman

Michigan Law Review

A method of estimating the probable duration of litigation is useful for a variety of purposes. First, the probable duration of a case may, to some extent, determine strategy in litigation since prolonged litigation is often perceived as an appreciable cost to one party and as a benefit to the other. An estimate of the duration of a criminal case, for example, probably influences the respective postures of a defendant and a prosecutor in plea bargaining. Similarly, civil litigants may be able to use an estimate of the probable duration of litigation, together with other factors, in deciding whether to …

Essays From The Bench (Introduction), Eugene A. Wright

Indiana Law Journal

Colloquium: The Federal Judiciary: Essays from the Bench

The Criminal Justice Act - 1964 To 1976, Dudley B. Bonsal

Indiana Law Journal

Colloquium: The Federal Judiciary: Essays from the Bench

The Impact Of The Courts On Public Administration, David L. Bazelon

Indiana Law Journal

Colloquium: The Federal Judiciary: Essays from the Bench

Institutional Reform In The Federal Courts, Alan Betten

Indiana Law Journal

No abstract provided.

Domestic Intelligence Informants, The First Amendment And The Need For Prior Judicial Review, Martin L. Perschetz

Buffalo Law Review

No abstract provided.

An Intermediate National Appellate Court: Solution Or Diversion, Stephen C. White

Villanova Law Review (1956 - )

No abstract provided.

Conspiracy And Federal Jurisdiction: From Crimmins To Feola, Mark Berger

Villanova Law Review (1956 - )

No abstract provided.

Equal Protection And Criminal Sentencing: Legal And Policy Considerations, Mark Berger

Faculty Works

No abstract provided.

The Emerging Right Of Legal Assistance For The Indigent In Civil Proceedings, Jeffrey M. Mandell

University of Michigan Journal of Law Reform

After the Supreme Court declared in Gideon v. Wainwright that indigents have a constitutional right to appointed counsel in criminal cases, attention turned to the possibility that a similar right could be found for civil litigants. Although there is no explicit constitutional guarantee of counsel for the civil litigant, the due process clause, which protects property rights as well as personal freedoms, arguably mandates that there be a right to professional representation of all citizens in all courts. The inability of most laymen to effectively present even a rudimentary case on their own behalf indicates that without counsel a meaningful …

Sentence Review By The Trial Court: A Proposal To Amend Rule 35, Charles B. Renfrew

Indiana Law Journal

Symposium: Problems of the Federal Judiciary: A View from the Bench

Discretionary Power To Grant Additional Peremptory Challenges In Highly Publicized Criminal Trials: Securing A Fair And Impartial Trial, Joseph A. Matteliano

Buffalo Law Review

No abstract provided.

Some Observations On The Disposition Of Ccw Cases In Detroit, Michigan Law Review

Michigan Law Review

Part I of this Note details the disposition of cases alleging violations of the Michigan CCW statute that were brought in the Detroit recorder's court during 1973. Although the statute is only part of the current scheme of gun control in Michigan, it is the principal weapon available to the police and prosecutor in the preventive battle against the illegal use of firearms. To give meaning to the dispositional statistics and to aid in perceiving the over-all judicial attitude toward CCW cases, the statistical results of the study are compared with statistics on the disposition of cases involving felonies similar …

Alyeska Pipeline Service Co. V. The Wilderness Society, David O. Prince

North Carolina Central Law Review

No abstract provided.

Stone V. Powell, 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.

The Systems Approach To Criminal Justice Administration, John Hartje

Buffalo Law Review

No abstract provided.

An Inquiry Into The Association Between Respondents' Personal Characteristics And Juvenile Court Dispositions, Charles W. Thomas, W. Anthony Fitch

William & Mary Law Review

No abstract provided.

Symposium: The Use Of Videotape In The Courtroom, Tom C. Clark

BYU Law Review

No abstract provided.

Critique - Data In Search Of Theory In Search Of Policy: Behavioral Responses To Videotape In The Courtroom, Gordon Bermant

BYU Law Review

No abstract provided.

The Utah Federal Court's Ban On Sketching Of Courtroom Scenes, M. Dallas Burnett

BYU Law Review

No abstract provided.

Standards For Accepting Guilty Pleas To Misdemeanor Charges, Richard A. Kopek

University of Michigan Journal of Law Reform

The guilty plea-not the trial-is the most common manner of disposing of criminal cases in America. It has been estimated that 90 percent of all convictions and 95 percent of misdemeanor convictions are the result of guilty pleas. Various reasons have been advanced to explain this heavy reliance on the guilty plea. For example, it avoids the drain on judicial resources that would occur if all cases had to be tried. In addition, it eliminates the risks and uncertainties of trials and permits flexibility in sentencing. Because of the prevalence of guilty pleas, there must be procedural safeguards to insure …

Organizational Contumacy In The Transmission Of Judicial Policies: The Mapp, Escobedo, Miranda, And Gault Cases, Bradley C. Canon

Villanova Law Review (1956 - )

No abstract provided.