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Reimbursement Of Defense Costs As A Condition Of Probation For Indigents, Michigan Law Review May 1969

Reimbursement Of Defense Costs As A Condition Of Probation For Indigents, Michigan Law Review

Michigan Law Review

It is extremely difficult to obtain precise information concerning the prevalence of this practice. There is only one reported case on the subject, and empirical evidence is almost wholly lacking because of the wide discretion granted sentencing courts in imposing probation conditions, and because of the reluctance of appellate courts to review the exercise of that discretion. However, courts have frequently imposed costs on nonindigent probationers, and in many jurisdictions the statutes which authorize such a probation condition with respect to solvent probationers seem broad enough to include indigents as well. Moreover, two recent studies have unearthed specific data which …


A Review Of The September 1968 Term Of The Court Of Special Appeals Of Maryland Jan 1969

A Review Of The September 1968 Term Of The Court Of Special Appeals Of Maryland

Maryland Law Review

No abstract provided.


Lay Advocacy And "Legal Services To Youth": Summaries On The Use Of Para-Legal Aides, Henry Mcgee Jan 1969

Lay Advocacy And "Legal Services To Youth": Summaries On The Use Of Para-Legal Aides, Henry Mcgee

Faculty Articles

This article discusses the incredibly effective use of legal assistants in the project implemented to assist poor urban youth with legal issues—Legal Services to Youth sponsored by the University of Chicago Law School's Center for Studies in Criminal Justice, under a Ford Foundation grant, was directed to a specialized consumer group, boys under 17 and girls under 18, the jurisdictional age ceiling in the Cook County, Illinois Juvenile Court. Legal assistants were recruited in the area served, and an attempt was made to locate persons who were by background and experience likely to be sympathetic to youth "in trouble." The …


Book Review Of The Warren Court, William F. Swindler Oct 1968

Book Review Of The Warren Court, William F. Swindler

William & Mary Law Review

No abstract provided.


Civil Rights, The Constitution And The Courts, By Archibald Cox, Mark Dewolfe Howe, And J.R. Wiggins, Winton D. Woods Jul 1968

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.


Appellate Review Of Legal But Excessive Sentences: A Comparative Study, Gerhard O.W. Mueller, Fre Le Poole May 1968

Appellate Review Of Legal But Excessive Sentences: A Comparative Study, Gerhard O.W. Mueller, Fre Le Poole

Vanderbilt Law Review

Classical penology was conceived in France in the eighteenth century, and then eclipsed all over the world in the nineteenth, when Lombroso conjured up the picture of the born criminal. It was finally laid to rest in the United States in the twentieth century. Its basic tenet had been simple enough: the legislature in its infinite wisdom would seek and find the appropriate punishment for every crime.This can be accomplished if a crime is defined narrowly enough, perhaps by the creation of subcategories of that crime, so as to encompass all potential perpetrators who will each incur the same amount …


The Right To Counsel And The Role Of Counsel In Juvenile Court Proceedings, Daniel L. Skoler Apr 1968

The Right To Counsel And The Role Of Counsel In Juvenile Court Proceedings, Daniel L. Skoler

Indiana Law Journal

Symposium on Juvenile Problems: In re Gault


The Waiver Of Juvenile Court Jurisdiction: Kent Revisited, F. Thomas Schornhorst Apr 1968

The Waiver Of Juvenile Court Jurisdiction: Kent Revisited, F. Thomas Schornhorst

Indiana Law Journal

Symposium on Juvenile Problems: In re Gault


Introduction, Dan Hopson Jr. Apr 1968

Introduction, Dan Hopson Jr.

Indiana Law Journal

Symposium on Juvenile Problems: In re Gault



Juvenile Courts And The Legacy Of '67, Monrad G. Paulsen Apr 1968

Juvenile Courts And The Legacy Of '67, Monrad G. Paulsen

Indiana Law Journal

Symposium on Juvenile Problems: In re Gault


In Defense Of Youth: A Case Study Of The Public Defender In Juvenile Court, Antony Platt, Howard Schechter, Phyllis Tiffany Apr 1968

In Defense Of Youth: A Case Study Of The Public Defender In Juvenile Court, Antony Platt, Howard Schechter, Phyllis Tiffany

Indiana Law Journal

Symposium on Juvenile Problems: In re Gault


Volume 35 (1967-1968) Jan 1968

Volume 35 (1967-1968)

Tennessee Law Review

No abstract provided.


Advisory Committee On Fair Trial And Free Press: American Bar Association Project On Minimum Standards For Criminal Justice: Standards Relating To Fair Trial And Free Press (Tentative Draft), George Edwards, Robert M. Cipes Jan 1968

Advisory Committee On Fair Trial And Free Press: American Bar Association Project On Minimum Standards For Criminal Justice: Standards Relating To Fair Trial And Free Press (Tentative Draft), George Edwards, Robert M. Cipes

Michigan Law Review

A Review of American Bar Association Project on Minimum Standards for Criminal Justice: Standards Relating to Fair Trial and Free Press (Tentative Draft) Recommended by the Advisory Committee on Fair Trial and Free Press


Appellate Court Opinions And The Remand Process, Griffin B. Bell Jan 1968

Appellate Court Opinions And The Remand Process, Griffin B. Bell

Georgia Law Review

THE disposition of a case is an essential and important part of any appellate court opinion. Absolute precision is required in stating the disposition, particularly where there are to be further proceedings on remand. What is to be done on remand? If there is to be a new trial, what is to be its scope? Are the issues on retrial to be limited? Are there to be findings in connection with some specific questions? Will the trial court understand the mandate? These are matters for consideration; and absent a careful approach, the opinion may lack that degree of clarity which …


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 Nov 1967

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


Conviction: The Determination Of Guilt Or Innocence Without Trial, By Donald J. Newman, Donald L. A. Kerson Apr 1967

Conviction: The Determination Of Guilt Or Innocence Without Trial, By Donald J. Newman, Donald L. A. Kerson

Indiana Law Journal

No abstract provided.


United States V. Tempia: The Questionable Application Of Miranda To The Military, James F. Falco Jan 1967

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

Villanova Law Review (1956 - )

No abstract provided.


Book Review: The Courts, The Public And The Law Explosion, John Welton Fisher Ii Feb 1966

Book Review: The Courts, The Public And The Law Explosion, John Welton Fisher Ii

West Virginia Law Review

No abstract provided.


Law And Politics In The Supreme Court, By Martin Shapiro, Edwin W. Tucker Jan 1966

Law And Politics In The Supreme Court, By Martin Shapiro, Edwin W. Tucker

Indiana Law Journal

No abstract provided.


Judicial Administration In New York: Developments In The Last Twenty-Five Years, Delmar Karlen, Allen Harris Dec 1965

Judicial Administration In New York: Developments In The Last Twenty-Five Years, Delmar Karlen, Allen Harris

Buffalo Law Review

No abstract provided.


Controlling The Police: The Judge's Role In Making And Reviewing Law Enforcement Decisions, Wayne R. Lafave, Frank J. Remington Apr 1965

Controlling The Police: The Judge's Role In Making And Reviewing Law Enforcement Decisions, Wayne R. Lafave, Frank J. Remington

Michigan Law Review

We have chosen to focus here upon judicial involvement (1) in determining whether arrest and search warrants should issue and (2) in reviewing such decisions after they have been executed (and, perhaps, made) by police officials. A comparison of some recent findings respecting the actual practice at the trial level with the "ideal" as set forth in appellate opinions may allow some conclusions to be drawn both as to the present effectiveness of appellate rulings on these subjects and as to the ultimate feasibility of further implementation of those rulings. Finally, since the exclusionary rule is, theoretically at least, one …


Comments On The Juvenile Court, Charles E. Moylan Sr. Jan 1965

Comments On The Juvenile Court, Charles E. Moylan Sr.

Maryland Law Review

No abstract provided.


A Discussion Of The Proposed Intermediate Appellate Court For Maryland, John T. Joseph, Henry R. Lord Jan 1965

A Discussion Of The Proposed Intermediate Appellate Court For Maryland, John T. Joseph, Henry R. Lord

Maryland Law Review

No abstract provided.


Courts-Scope Of Authority-Sterilization Of Mental Defectives, William R. Warnock May 1963

Courts-Scope Of Authority-Sterilization Of Mental Defectives, William R. Warnock

Michigan Law Review

Respondent, age nineteen, appeared before the probate court of Muskingum County, Ohio, upon an affidavit filed by her mother alleging the child to be feeble-minded and in need of medical treatment. Results of psychological tests were presented at the hearing, revealing that respondent had an intelligence quotient of thirty-six and was therefore a feeble-minded person within the statutory definition. Respondent had had one illegitimate child, for whom she was unable to provide even rudimentary care or financial support, and was physically capable of bearing more children. Taking judicial notice that the state mental hospitals were then overcrowded and unable to …


Canon 35: Cameras, Courts And Confusion, Harold D. Rogers Jan 1963

Canon 35: Cameras, Courts And Confusion, Harold D. Rogers

Kentucky Law Journal

No abstract provided.


Gideon V. Wainwright: The Art Of Overruling, Jerold H. Israel Jan 1963

Gideon V. Wainwright: The Art Of Overruling, Jerold H. Israel

Articles

During the 1962 Term, the Supreme Court, on a single Monday, announced six decisions concerned with constitutional limitations upon state criminal procedure. The most publicized of these, though probably not the most important in terms of legal theory or practical effect, was Gideon v. Wainwright. In an era of constantly expanding federal restrictions on state criminal processes, the holding of Gideon-that an indigent defendant in a state criminal prosecution has an unqualified right to the appointment of counsel-was hardly startling. And while Gideon will obviously have an important effect in the handful of states that still fail to appoint counsel …


Book Reviews, Abraham S. Goldstein, Ivan C. Rutledge, Paul W. Bruton, Sheldon Tefft, Frank D. Emerson, William F. Willier, Forrest W. Lacey, Edward F. C. Mcgonagle Dec 1962

Book Reviews, Abraham S. Goldstein, Ivan C. Rutledge, Paul W. Bruton, Sheldon Tefft, Frank D. Emerson, William F. Willier, Forrest W. Lacey, Edward F. C. Mcgonagle

Journal of Legal Education

No abstract provided.


The Constitution And Contempt Of Court, Ronald Goldfarb Dec 1962

The Constitution And Contempt Of Court, Ronald Goldfarb

Michigan Law Review

Few legal devices find conflict within the lines of our Constitution with the ubiquity of the contempt power. These conflicts involve issues concerning the governmental power structure such as the separation of powers and the delicate balancing of federal-state relations. In addition, there are civil rights issues attributable to the conflict between the use of the contempt power and such vital procedural protections as the right to trial by jury, freedom from self-incrimination, double jeopardy, and indictment-to name only the most recurrent and controversial examples. Aside from these problems, there are other civil liberties issues, such as those involving freedom …


Survey Of Metropolitan Courts: Final Report, Maxine Boord Virtue Jan 1962

Survey Of Metropolitan Courts: Final Report, Maxine Boord Virtue

Michigan Legal Studies Series

Adhering to the view that the original question is important, unanswered, and essential to a proper development of standards of judicial administration, the Section arranged for the University of Michigan Law School to supervise and for the author of the Detroit study to prepare a final report for the metropolitan court survey, which will make use of such material as comes to hand from all available sources in an attempt to identify, characterize, and classify the special problems of metropolitan courts. The report will also include a discussion of the methods being brought to bear on those problems, their advantages …


The Contempt Power V. The Concept Of A Fair Trial, Morton Lane Jan 1962

The Contempt Power V. The Concept Of A Fair Trial, Morton Lane

Kentucky Law Journal

No abstract provided.