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Criminal Procedure

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Improving Police Discretion: Rationality In Handling Public Inebriates, David Aaronson Jan 1977

Improving Police Discretion: Rationality In Handling Public Inebriates, David Aaronson

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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Improving Police Discretion: Rationality In Handling Public Inebriates, David Aaronson, C. Dienes, Michael Musheno Jan 1977

Improving Police Discretion: Rationality In Handling Public Inebriates, David Aaronson, C. Dienes, Michael Musheno

Scholarly Articles in Law Reviews & Journals

This two-part article reports on the findings of the "prescriptive" phase of the American University Law School's Project on Public Inebriation.' First, we provide a framework or model designed to contribute to efforts to improve the rationality of police discretion and the quality of discretionary justice. Second, we seek to increase understanding of, and provide the basis for improving, the intake process whereby public inebriates are delivered to designated facilities-jails, detoxification centers, etc.-in criminal and decriminalized jurisdictions. While the article focuses on the discretionary power of police officers to remove street inebriates, it should increase awareness of problems of decriminalizing …

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The Omnibus Hearing: Benefit Or Burden For State Courts?, Joel J. Fryer Dec 1976

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 …

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Williams V. State, 316 So. 2d 267 (Fla. 1975), Richard W. Epstein Oct 1976

Williams V. State, 316 So. 2d 267 (Fla. 1975), Richard W. Epstein

Florida State University Law Review

Criminal Law- GUILTY PLEAS- FACTUAL BASIS DETERMINATION NOT MANDATORY WHEN A COURT ACCEPTS A PLEA OF GUILTY OR NOLO CONTENDERE.

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A Review Of The Presentence Diagnostic Study Procedure In North Carolina, Charles E. Smith Oct 1976

A Review Of The Presentence Diagnostic Study Procedure In North Carolina, Charles E. Smith

North Carolina Central Law Review

No abstract provided.

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

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

Indiana Law Journal

Colloquium: The Federal Judiciary: Essays from the Bench

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Plea Bargaining, Decision Theory, And Equilibrium Models: Part Ii, Stuart S. Nagel, Marian Neef Oct 1976

Plea Bargaining, Decision Theory, And Equilibrium Models: Part Ii, Stuart S. Nagel, Marian Neef

Indiana Law Journal

No abstract provided.

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Domestic Intelligence Informants, The First Amendment And The Need For Prior Judicial Review, Martin L. Perschetz Oct 1976

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

Buffalo Law Review

No abstract provided.

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Criminal Law—Affirmative Defenses In The Washington Criminal Code—The Impact Of Mullaney V. Wilbur, 421 U.S. 684 (1975), Pamela Cowan Oct 1976

Criminal Law—Affirmative Defenses In The Washington Criminal Code—The Impact Of Mullaney V. Wilbur, 421 U.S. 684 (1975), Pamela Cowan

Washington Law Review

A Maine jury found Stillman E. Wilbur, Jr., guilty of murder after the prosecution's proof of two elements: (1) that the homicide was unlawful, and (2) that it was intentional. Wilbur offered no evidence on his behalf to negate or otherwise refute the state's case other than his statement that he attacked the deceased in a frenzy provoked by a homosexual advance. The trial judge instructed the jury that if the prosecution established the above two elements, malice aforethought was to be conclusively inferred, unless the defendant proved by a fair preponderance of the evidence that he had acted in …

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Rape Shield Laws: Some Constitutional Problems, David S. Rudstein Oct 1976

Rape Shield Laws: Some Constitutional Problems, David S. Rudstein

William & Mary Law Review

No abstract provided.

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Expanding Criminal Procedural Rights Under State Constitutions Sep 1976

Expanding Criminal Procedural Rights Under State Constitutions

Washington and Lee Law Review

No abstract provided.

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Plea Bargaining, Decision Theory, And Equilibrium Models: Part I, Stuart S. Nagel, Marian Neef Jul 1976

Plea Bargaining, Decision Theory, And Equilibrium Models: Part I, Stuart S. Nagel, Marian Neef

Indiana Law Journal

No abstract provided.

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Criminal Law--Criminal Responsibility--A Pragmatic Approach To The Fourth Circuit, Michael Frank Pezzulli Jun 1976

Criminal Law--Criminal Responsibility--A Pragmatic Approach To The Fourth Circuit, Michael Frank Pezzulli

West Virginia Law Review

No abstract provided.

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The Speedy Trial Act - Justice On The Assembly Line., Thomas Black Jun 1976

The Speedy Trial Act - Justice On The Assembly Line., Thomas Black

St. Mary's Law Journal

Abstract Forthcoming.

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Withdrawal Of The Plea Of Guilty Upon A Decision By The Judge Not To Accept The Plea Agreement., Frank A. Porter Jun 1976

Withdrawal Of The Plea Of Guilty Upon A Decision By The Judge Not To Accept The Plea Agreement., Frank A. Porter

St. Mary's Law Journal

Abstract Forthcoming.

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Acquittal Of The Guilty, Alec Samuels May 1976

Acquittal Of The Guilty, Alec Samuels

Dalhousie Law Journal

Every acquittal is an injustice. Either a guilty man has escaped conviction, or an innocent man has been subjected to false accusation, with all the accompanying worry, anxiety, publicity, humiliation, perhaps detention, probably expense. Some of the difficulties undoubtedly spring from the adversary system, a system evolved in the eighteenth and nineteenth centuries to meet the then contemporary problems. It is a system with certain inherent inefficiencies and ineffectivenesses, a system designed to ascertain whether the prosecution has proved an allegation against D the defendant beyond all reasonable doubt and not designed to ascertain the truth of the incident in …

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Acquittal Of The Guilty, Alec Samuels May 1976

Acquittal Of The Guilty, Alec Samuels

Dalhousie Law Journal

Every acquittal is an injustice. Either a guilty man has escaped conviction, or an innocent man has been subjected to false accusation, with all the accompanying worry, anxiety, publicity, humiliation, perhaps detention, probably expense. Some of the difficulties undoubtedly spring from the adversary system, a system evolved in the eighteenth and nineteenth centuries to meet the then contemporary problems. It is a system with certain inherent inefficiencies and ineffectivenesses, a system designed to ascertain whether the prosecution has proved an allegation against D the defendant beyond all reasonable doubt and not designed to ascertain the truth of the incident in …

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Acquittal Of The Guilty, Alec Samuels May 1976

Acquittal Of The Guilty, Alec Samuels

Dalhousie Law Journal

Every acquittal is an injustice. Either a guilty man has escaped conviction, or an innocent man has been subjected to false accusation, with all the accompanying worry, anxiety, publicity, humiliation, perhaps detention, probably expense. Some of the difficulties undoubtedly spring from the adversary system, a system evolved in the eighteenth and nineteenth centuries to meet the then contemporary problems. It is a system with certain inherent inefficiencies and ineffectivenesses, a system designed to ascertain whether the prosecution has proved an allegation against D the defendant beyond all reasonable doubt and not designed to ascertain the truth of the incident in …

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Acquittal Of The Guilty, Alec Samuels May 1976

Acquittal Of The Guilty, Alec Samuels

Dalhousie Law Journal

Every acquittal is an injustice. Either a guilty man has escaped conviction, or an innocent man has been subjected to false accusation, with all the accompanying worry, anxiety, publicity, humiliation, perhaps detention, probably expense. Some of the difficulties undoubtedly spring from the adversary system, a system evolved in the eighteenth and nineteenth centuries to meet the then contemporary problems. It is a system with certain inherent inefficiencies and ineffectivenesses, a system designed to ascertain whether the prosecution has proved an allegation against D the defendant beyond all reasonable doubt and not designed to ascertain the truth of the incident in …

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Acquittal Of The Guilty, Alec Samuels May 1976

Acquittal Of The Guilty, Alec Samuels

Dalhousie Law Journal

Every acquittal is an injustice. Either a guilty man has escaped conviction, or an innocent man has been subjected to false accusation, with all the accompanying worry, anxiety, publicity, humiliation, perhaps detention, probably expense. Some of the difficulties undoubtedly spring from the adversary system, a system evolved in the eighteenth and nineteenth centuries to meet the then contemporary problems. It is a system with certain inherent inefficiencies and ineffectivenesses, a system designed to ascertain whether the prosecution has proved an allegation against D the defendant beyond all reasonable doubt and not designed to ascertain the truth of the incident in …

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Judicial Review Of Parole Release Decisionmaking, Thomas B. Grier Apr 1976

Judicial Review Of Parole Release Decisionmaking, Thomas B. Grier

IUSTITIA

An inmate at a federal penal institution "is entitled only to be released after full service of his sentence less good time earned during incarceration." He or she is not entitled to parole, for parole is not a right but a privilege, a matter of "legislative grace". The United States Board of Parole has "absolute discretion" in deciding whether and when to grant parole. The judiciary will not interfere with the Board, as "courts are without power to grant a parole or to determine judicially eligibility for parole." And since the Board is statutorily authorized to exercise broad discretion, and …

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Criminal Procedure—Filing By Information: Determination Of Probable Cause Required Before Extended Restraint On Liberty—Gerstein V. Pugh, 420 U.S. 103 (1975), Cynthia B. Whitaker Mar 1976

Criminal Procedure—Filing By Information: Determination Of Probable Cause Required Before Extended Restraint On Liberty—Gerstein V. Pugh, 420 U.S. 103 (1975), Cynthia B. Whitaker

Washington Law Review

Robert Pugh was arrested in Florida without a warrant and charged by prosecutor's information. Pugh and other incarcerated arrestees charged by information without a preliminary hearing brought a class action suit in federal district court challenging the constitutionality of the charging procedure. Plaintiffs maintained that the due process clause of the fourteenth amendment required that accused persons be accorded a determination of probable cause for detention soon after their arrest. They also argued that the prosecuting attorney was not sufficiently neutral or detached to make the necessary determination. The district court accepted the plaintiffs' arguments, and the Court of Appeals …

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Vii. Criminal Procedure Mar 1976

Vii. Criminal Procedure

Washington and Lee Law Review

No abstract provided.

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The Determination Of Probable Cause In Illinois - Grand Jury Or Preliminary Hearing, John C. Robinson Jr. Jan 1976

The Determination Of Probable Cause In Illinois - Grand Jury Or Preliminary Hearing, John C. Robinson Jr.

Loyola University Chicago Law Journal

No abstract provided.

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Preface, Allan A. Ackerman Jan 1976

Preface, Allan A. Ackerman

Loyola University Chicago Law Journal

No abstract provided.

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Introduction/Exclusionary Rule/Arrest/Identifications/Confessions/Preliminary Proceedings/Discovery/Speedy Trial/Selection Of Jurors/Instruction To Jurors/Sentencing/Illinois Post-Conviction Hearing Act/Prisoners' Rights, Mary Anne Mason, Patrick E. Deady, Nancy Kane Hall, David M. Heller Jan 1976

Introduction/Exclusionary Rule/Arrest/Identifications/Confessions/Preliminary Proceedings/Discovery/Speedy Trial/Selection Of Jurors/Instruction To Jurors/Sentencing/Illinois Post-Conviction Hearing Act/Prisoners' Rights, Mary Anne Mason, Patrick E. Deady, Nancy Kane Hall, David M. Heller

Loyola University Chicago Law Journal

No abstract provided.

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Pro Se Litigation -- Litigating Without Counsel: Faretta Or For Worst, Susan Herman, Ira P. Robbins Jan 1976

Pro Se Litigation -- Litigating Without Counsel: Faretta Or For Worst, Susan Herman, Ira P. Robbins

Faculty Scholarship

No abstract provided.

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Privacy: A Case For Accurate And Complete Criminal History Records, Thomas J. Madden, Helen S. Lessin Jan 1976

Privacy: A Case For Accurate And Complete Criminal History Records, Thomas J. Madden, Helen S. Lessin

Villanova Law Review (1956 - )

No abstract provided.

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Confidentiality Of Criminal Records Privacy V. The Public Interest, David Weinstein Jan 1976

Confidentiality Of Criminal Records Privacy V. The Public Interest, David Weinstein

Villanova Law Review (1956 - )

No abstract provided.

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Remedies For Prejudicial Publicity: A Brief Review, James T. Ranney Jan 1976

Remedies For Prejudicial Publicity: A Brief Review, James T. Ranney

Villanova Law Review (1956 - )

No abstract provided.

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