Digital Commons Network^™

Probable Cause To Arrest, Joseph G. Cook

Vanderbilt Law Review

Probable cause to arrest is an exceedingly difficult concept to objectify.' The traditional definition was stated in Beck v. Ohio as follows: [W]hether at that moment the facts and circumstances within their knowledge and of which they had reasonably trustworthy information were sufficient to warrant a prudent man in believing that the petitioner had committed or was committing an offense. Judicial opinions frequently manifest empathy with the policeman's plight in attempting to apply this vague standard. While the standard does not mean that the arresting officer must have evidence that would satisfy a fact finder of guilt beyond a reasonable …

Where Strong Evidence Of Actual Guilt Substantially Negated Defendant's Claim Of Innocence And Provided Strong Factual Basis For The Guilty Plea, Defendant Being Represented By Competent Counsel, Court Committed No Constitutional Error In Accepting Guilty Plea Despite Defendant's Claim Of Innocence And Fear Of Death Penalty, And Such Was Voluntarily And Intelligently Pleaded., P. Blake Hedblom

St. Mary's Law Journal

Abstract Forthcoming.

Prisoners--Enforcing Prisoners' Rights, Arthur W. Campbell

West Virginia Law Review

No abstract provided.

Constitutional Law - Criminal Law - Guilty Plea Is Not Invalid Because It Is The Product Of A Plea Bargain, Roseann Oliver

Loyola University Chicago Law Journal

No abstract provided.

Criminal Law - Juvenile Delinquency Proceeding - Right To Trial By Jury, Joseph E. Vogrin Iii

Duquesne Law Review

The New York Court of Appeals has overruled the New York Supreme Court, Appellate Division, which held that the Sixth and Fourteenth Amendments require a jury trial in a Family Court Proceeding charging one with being a juvenile delinquent based on an act which if committed by an adult would constitute a felony and thus entitle him to a jury trial.

In Re D., 313 N.Y.S.2d 704, 27 N.Y.2d 90 (1970).

Right To Hearing Upon Extension Of Probation

University of Richmond Law Review

Aside from the fact that its use was originally limited and random in nature, the historical origin of the probation process is uncertain. Revolutionary changes in the theories controlling the treatment of convicted criminals, however, has resulted in the development of probation into the most widely used form of correctional treatment.

Intrusion Into The Body, William G. Eckhardt

Faculty Works

The thesis of this article is that the rights of servicemen should be protected with the search and seizure concepts of the fourth amendment rather than with the fifth amendment protection against self-incrimination when intrusive bodily searches are required. The Supreme Court enunciated standard for intrusion into the body found in Schmerber v. California, 384 U.S. 757 (1966). The subsequent application of this standard in the federal courts, and its adoption in the Manual for Courts-Martial, United States, 1969, (Rev.) are explored. Federal court decisions discussing the privilege against self-incrimination are contrasted with opinions of the Court of Military Appeals …

The Legal Controversy As It Relates To Correctional Institutions - A Prison Administrator's View, Joseph R. Brierley

Villanova Law Review (1956 - )

No abstract provided.

Prisoners' Rights And The Correctional Scheme: The Legal Controversy And Problems Of Implementation, Joseph R. Brierley, Victor Rabinowitz, Edmund B. Spaeth Jr., James D. Crawford

Villanova Law Review (1956 - )

No abstract provided.

Williams V. Florida: End Of A Theory - Part Ii, O. John Rogge

Villanova Law Review (1956 - )

No abstract provided.

Prisoner's Rights And The Correctional Scheme: The Legal Controversy And Problems Of Implementation - A Symposium - Introduction, Donald W. Dowd

Villanova Law Review (1956 - )

No abstract provided.

Mental Illness And Criminal Commitment In Michigan, Grant H. Morris

University of Michigan Journal of Law Reform

This article concentrates on one vital issue: to what extent are differences in treatment justified because of a mentally ill person's "criminal" involvement. While the article is primarily concerned with Michigan institutions and Michigan statutes, the discussion and the solutions proposed are in many respects applicable to all states of the Union. Not only must all states reevaluate their policies toward criminal commitment of the mentally ill in light of ever-changing medical and penal theory, but they must also consider the developing constitutional concepts in this area. These constitutional issues are raised here only to the extent necessary to alert …

Criminal Law Revision In California, Arthur H. Sherry

University of Michigan Journal of Law Reform

The high water mark of criminal law reform in California was reached in 1872 when the legislature, after at least a decade of indifference to requests for action, adopted the Penal Code, the Civil Code and the Code of Civil Procedure.' This emergence into the company of contemporary pioneers of codification, Louisiana and New York, was a source of complacent pride, but it proved to be completely ineffective as a stimulus for continuing revision or even further codification. Renewed interest in improving and modernizing the law was not apparent until well into the twentieth century. When this interest did appear, …

Criminal Law Revision In Delaware And Hawaii, Frank B. Baldwin Iii

University of Michigan Journal of Law Reform

Criminal law revision has not been limited to the largest states, which have greater resources and legal facilities, but has also occurred in Delaware and Hawaii, states which have relatively small numbers of legal practitioners, no local school of law, and relatively small populations. In both states, criminal law revision efforts were quite similar, in that an early decision was made to rely heavily on published revised codes of other jurisdictions and on the Model Penal Code, rather than undertaking an extensive initial study and preparing a unique code. The following article will compare the criminal law revision projects in …

Williams V. Florida: End Of A Theory - Part I, O. John Roger

Villanova Law Review (1956 - )

No abstract provided.

The Courts' Responsibility For Prison Reform, Edmund B. Spaeth Jr.

Villanova Law Review (1956 - )

No abstract provided.

Prisoners' Rights - A Prosecutor's View, James D. Crawford

Villanova Law Review (1956 - )

No abstract provided.

The Expansion Of Prisoners' Rights, Victor Rabinowitz

Villanova Law Review (1956 - )

No abstract provided.

The Correctional Institution As A Rehabilitation Center - A Former Inmate's View, Victor Taylor

Villanova Law Review (1956 - )

No abstract provided.

Evidence - Illinois Adopts Rule 609 Of The Proposed Federal Rules Of Evidence On Impeachment Of A Defendant-Witness By His Prior Crimes, William E. Hirschberg

Loyola University Chicago Law Journal

No abstract provided.

Double Jeopardy--Ashe V. Swenson, 397 U.S. 436 (1970)

Journal of Criminal Law and Criminology

No abstract provided.

Police Science Book Reviews

Journal of Criminal Law and Criminology

No abstract provided.

Self-Incrimination--United States V. Kordel, 397 U.S. 1 (1970)

Journal of Criminal Law and Criminology

No abstract provided.

Deterrence And The Death Penalty: A Reconsideration , Hugo Adam Bedau

Journal of Criminal Law and Criminology

No abstract provided.

Police-Community Relations In The United States: A Review Of Recent Literature And Projects, Deborah Johnson, Robert J. Gregory

Journal of Criminal Law and Criminology

No abstract provided.

The Effects Of Police Withdrawal From Traffic Control: A Comparative Study, P. R. Wilson, D. Chappell

Journal of Criminal Law and Criminology

No abstract provided.

How Should We Educate The Police, George A. Lankes

Journal of Criminal Law and Criminology

No abstract provided.

Guilty Pleas--Mcmann V. Richardson, 397 U.S. 759 (1970); Brady V. United States, 397 U.S. 742 (1970); Parker V. North Carolina, 397 U.S. 790 (1970)

Journal of Criminal Law and Criminology

No abstract provided.

Deviant Behavior In Capitalist Society-The Soviet Image, Walter D. Connor

Journal of Criminal Law and Criminology

No abstract provided.

Police Role: A Case Of Diversity, The , Richard H. Ward

Journal of Criminal Law and Criminology

No abstract provided.