Digital Commons Network^™

Criminal Procedure--Post-Conviction Right To Counsel, Thomas W. Smith

West Virginia Law Review

No abstract provided.

Declaratory Judgments: Federal Anticipatory Relief From State Criminal Statutes After Steffel V. Thompson, Christopher A. Bloom

Indiana Law Journal

No abstract provided.

The Prisoner's Right To A Statement Of Reasons For Parole Denial: Silence Is Not Always Golden, William Ernsthaft

Buffalo Law Review

No abstract provided.

Book Review, Arthur H. Sherry

Michigan Law Review

A book review of Criminal Procedure by Abraham S. Goldstein and Leonard Orland, and Cases and Comments on Criminal Procedure by Fred E. Inbau, James R. Thompson, James B. Haddad, James B. Zagel and Gary L. Starkman, Modern Criminal Procedure, 4ht Ed by Yale Kamisar, Wayne R. LaFave, and Jerold H. Israel, The Process of Criminal Justice: Investigation by H. Richard Uviller, Criminal Process, 2nd Ed by Lloyd L. Weinreb

Disquisition On The Need For A New Model For Criminal Sanctioning Systems, M. Kay Harris

West Virginia Law Review

The time is ripe for a major restructuring of our criminal sanctioning systems. Pressures for change are arising from many sources. As crime rates continue to rise and public fear of crime grows apace, thoughtful persons from many walks of life are more strongly articulating the need to find a different method of dealing with those convicted of violating the criminal law. The criminal prosecutions and dispositions arising from Watergate and related cases have brought many of the issues of unequal justice into the thoughts of American citizens. Proposals for criminal and penal code revision await action in legislatures throughout …

Criminal Procedure--Right To Counsel--Standard For Judging The Effectiveness Of Assistance, Rowland H. Burns Jr.

West Virginia Law Review

No abstract provided.

Expanding Defendant's Discovery: The Jencks Act At Pretrial Hearings, David B. Olney

Buffalo Law Review

No abstract provided.

Attica, Jury Pools And The Intent Requirement Of The Equal Protection Clause, Kenneth B. Forrest

Buffalo Law Review

No abstract provided.

Representing Heroin Users: Sentencing And Other Issues, 9 J. Marshall J. Prac. & Proc. 178 (1975), Thomas D. Decker

UIC Law Review

No abstract provided.

Post-Indictment Preliminary Hearings, 9 J. Marshall J. Prac. & Proc. 499 (1975), Douglas Lindsay

UIC Law Review

No abstract provided.

The Constitutional Rights Of Criminal Defendants: The Identity Of Informers, 8 J. Marshall J. Prac. & Proc. 401 (1975), John W. Cox Jr.

UIC Law Review

No abstract provided.

The Federal Anti-Riot Act And Political Crime: The Need For Criminal Law Theory, Marvin Zalman

Villanova Law Review (1956 - )

No abstract provided.

The Diversionary Drug Problem Of The Cook County State's Attorney, 9 J. Marshall J. Prac. & Proc. 256 (1975), Leonard Tyrrell

UIC Law Review

No abstract provided.

A Reconsideration Of The Fourth Amendment's Doctrine Of Search Incident To Arrest.Pdf, David Aaronson

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: The doctrine of search incident to arrest provides that, as an incident to every lawful full custody arrest, law enforcement officers have an automatic right to conduct a thorough search of the arrestee and the area within his immediate control.' Although the Supreme Court has stated that the search incident to arrest exception to the fourth amendment's general requirement of a search warrant has been "settled from its first enunciation," the doctrine should be reexamined in terms of constitutional jurisprudence.

Settling Prosecution Costs On The Offender: How The Rights Are Priced In Illinois, Teree E. Foster

Loyola University Chicago Law Journal

No abstract provided.

Revision Of Virginia's Criminal Code

University of Richmond Law Review

On October 1, 1975 the criminal justice system of the Commonwealth of Virginia began to operate under revised codes of criminal law and procedure. Enacted during the last legislative session, Titles 18.2 and 19.2 contain an impressive array of new laws with which judges, lawyers, and law enforcement officers should quickly become familiar. In many instances, these new laws go far beyond recodification of existing laws. Several represent substantive changes which are quite controversial and remain hotly debated since the close of the legislative session.

Book Review, Emily Calhoun Carssow

Publications

No abstract provided.

Parole Revocation And The Right To Counsel, Paul W. Grimm

Faculty Scholarship

No abstract provided.

The Street Perspective: A Conversation With The Police, Patrick Baude, James F. Gallagher

Articles by Maurer Faculty

No abstract provided.

The Future Of Sentencing Reform: Emerging Legal Issues In The Individualization Of Justice, John C. Coffee Jr.

Faculty Scholarship

The dilemma of the American sentencing judge is qualitatively unique. Because our system of criminal justice has embraced to a degree unequaled elsewhere the rehabilitative ideal that punishment should fit not the crime, but the particular criminal, the sentencing judge must labor to fulfill the dual and sometimes conflicting roles of judge and clinician. Entrusted with enormous discretion, he is expected to "individualize" the sentence he imposes to suit the character, social history, and potential for recidivism of the offender before him. Yet, because of the general absence in our Sentencing Reform system of meaningful procedures for the appellate review …

Criminal Law And Procedure, David Rossman

Faculty Scholarship

Trial De Novo. The constitutional foundation underlying the system of trial de novo in Massachusetts was subjected to a frontal assault during the Survey year. The system survived, but there is reason to doubt its continuing validity. The debate over the wisdom of maintaining a two-tiered system of trial courts has been wide-ranging. One of the chief complaints against the trial de novo system is that it insulates trial judges from any meaningful appellate review. This isolation fosters an environment in which trial judges can, with impunity, ignore the constraints placed upon judges in courts of record. It is exceedingly …

Legislative Regulation Of Searches And Seizures: The Michigan Proposals, Jerold H. Israel

Articles

IN March 1971, the Michigan Bar Commissioners appointed a twenty-five-member committee with a directive "to promulgate a recommended revision of the Code of Criminal Procedure codifying existing statutory and case law provisions which, in the judgment of the Committee, should be retained and adding thereto such provisions as the Committee, in its judgment, deems warranted; and to incorporate such recommendations into proposed legislation for submission to the Legislature."' The committee membership included judges, prosecutors, legislators, criminal defense lawyers, law school professors, and representatives of Michigan police and corrections agencies.2 Judge Horace Gilmore served as Chairman, and I served as Reporter.

Judicial Examination Of The Accused--A Remedy For The Third Degree, Paul G. Kauper

Michigan Law Review

Reprint from 30 Michigan Law Review 1224.

In its report on "Lawlessness in Law Enforcement" the Wickersham Commission concludes that in the police systems of a number of American municipalities the "third degree" is very generally practiced as a means of extorting from accused persons under arrest confessions, incriminating statements, and other information of value to the police. The conclusion of the Commission confirms the results of private investigation made in the same field. It is true that the methods of inquiry pursued by the Commission leave doubt as to the accuracy of some of the facts reported. But the …

Kauper's 'Judicial Examination Of The Accused' Forty Years Later—Some Comments On A Remarkable Article, Yale Kamisar

Articles

For a long time before Professor Paul Kauper wrote "Judicial Examination of the Accused" in 1932, and for a long time thereafter, the "legal mind" shut out the de facto inquisitorial system that characterized American criminal procedure. Paul Kauper could not look away. He recognized the "naked, ugly facts" (p. 1224) and was determined to do something about them -more than thirty years before Escobedo v. Illinois' or Miranda v. Arizona.2

Mullaney V. Wilbur, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Gerstein V. Pugh, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

A Look At Florida's Proposed Code Of Evidence, Charles W. Ehrhardt

Scholarly Publications

The law of evidence had been codified in three states, California, New Jersey and Kansas, prior to the United States Supreme Court's promulgation of the Proposed Federal Rules of Evidence. The submission of the rules to the Congress, and their approval, as amended, by the House of Representatives served as the catalyst for renewed interest in evidence codification. Three states have recently adopted comprehensive Rules of Evidence that closely parallel the Proposed Federal Rules, and at least four other states, including Florida, have drafted or are actively considering the adoption of such a codification. During the 1974 session of the …

Bail In Missouri Revisited, Mark Berger

Faculty Works

During the early part of the 1960's, interest in the civil rights movement generated concern over the inequities of bail administration. In the latter part of the decade the same problems were revealed in major studies of the nation's criminal justice system. Contributions to the legal literature in this period, encompassing statistical and evaluative studies as well as academic analysis, helped to focus further attention on bail. Moreover, a major effort was undertaken by the United States Department of Justice to promote the sharing of bail program information and ideas. There are signs, however, that some of the earlier interest …

A Further Inquiry Into The Quality Of Indigent Felony Defense., Richard L. Huff

St. Mary's Law Journal

One of the primary goals of a democracy is equality before the law for all of its citizens. To this end, in 1963, the Supreme Court held that states must provide counsel to indigent defendants, at their own expense, in all felony trials. Although other jurisdictions have chosen a defender system of criminal attorneys hired by the local government to meet the Supreme Court’s mandate, Bexar County, Texas, utilizes a system of assigning members of the local bar to defendants in rotation. Contrary to the prevailing view, it is submitted that Bexar County's assigned counsel system provides adequate representation for …

Kentucky Parole Officers: An Inquiry Into The Effect Of Residential Background On Their Works Styles, Virginia Cleveland

Masters Theses & Specialist Projects

Using the population of Kentucky state parole officers as the focus of this thesis, work styles were studied. The work styles of twenty-eight rural parole officers were compared with the work styles of twenty-two urban officers. The Fisher Exact Statistical Test was used to test differences between these groups. Rural officers were significantly more likely than urban officers to go out of their offices to meet with their parolees. Urban officers had had a significantly greater number of parolees waiting in their offices at one time, than the rural officers had. The length of the average meeting did not differ …