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Articles 5491 - 5520 of 5712
Full-Text Articles in Entire DC Network
Gagnon V. Scarpelli, Lewis F. Powell Jr.
Gagnon V. Scarpelli, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Gagnon V. Scarpelli, Lewis F. Powell Jr.
Gagnon V. Scarpelli, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Out-Of-State Witnesses And Compulsory Process: The Indigent Defendant's Rights
Out-Of-State Witnesses And Compulsory Process: The Indigent Defendant's Rights
Washington and Lee Law Review
No abstract provided.
Criminal Procedure—Right To Counsel In Investigative Grand Jury Proceedings: Washington Criminal Investigatory Act Of 1971—R.C.W. §§ 10.27.120-.140 (1971), Anon
Washington Law Review
The Criminal Investigatory Act's provision for counsel appears justified when one considers the witness' delicate position and recent extensions of the right to counsel at other stages of the criminal process. Washington's statute, however, is a significant departure from grand jury protections provided in other jurisdictions because it provides for the presence of counsel as a matter of right. This note examines the policy basis for Washington's statute and the effect this additional protection for the witness may have on the investigative efficiency of the grand jury.
Trial Procedure - Bombshell Instruction For Deadlocked Juries: Aba Standard Replaces Allen Charge In District Of Columbia. United States V. Thomas, 449 F.2d 1177 (D.C. Cir. 1971), J. Grant Corboy
William & Mary Law Review
No abstract provided.
Bail And Bail Bondsmen: Need For Reform In Kentucky, Frank Stainback
Bail And Bail Bondsmen: Need For Reform In Kentucky, Frank Stainback
Kentucky Law Journal
No abstract provided.
Self-Incrimination: Choosing A Constitutional Immunity Standard - Kastigar V. United States
Self-Incrimination: Choosing A Constitutional Immunity Standard - Kastigar V. United States
Maryland Law Review
No abstract provided.
Recent Developments, Various Editors
Recent Developments, Various Editors
Villanova Law Review (1956 - )
No abstract provided.
An Eclectic Approach To Impeachment By Prior Convictions, Lawrence A. Margolis
An Eclectic Approach To Impeachment By Prior Convictions, Lawrence A. Margolis
University of Michigan Journal of Law Reform
Almost every state permits persons convicted of a crime to testify in either their own or another person's behalf. Nonetheless, these states allow evidence of a person's prior criminal conviction to be used to impeach his credibility. The use of this method of impeachment in criminal trials has been the subject of substantial adverse criticism; yet, the practice remains widespread. This article first will discuss the problems that arise from the use of prior conviction evidence for impeachment purposes in criminal trials and then will examine several proposals that would restrict the use of such evidence. Finally, the article will …
An Introduction To Virginia's New Rules Of Criminal Practice And Procedure, Murray J. Janus
An Introduction To Virginia's New Rules Of Criminal Practice And Procedure, Murray J. Janus
University of Richmond Law Review
On January 1, 1972 the new Virginia Rules of Criminal Practice and Procedure became effective, some three and one-half years after the President of the Virginia State Bar Association appointed a Special Committee to draft these proposed Rules. Mr. Justice Thomas C. Gordon, Jr., was appointed Chairman of the Committee in June of 1968. Peter C. Manson, Professor of Criminal Law at the University ,of.Virginia,acted as consultant for the Committee and he made available special student assistants who were invaluable with their research. In addition, two judges of courts of record with criminal jurisdiction, the Honorable Edmund P. Simpkins, Jr., …
Police Field Citations In New Haven, Mark Berger
Law Enforcement Control: Checks And Balances For The Police System, Mark Berger
Law Enforcement Control: Checks And Balances For The Police System, Mark Berger
Faculty Works
No abstract provided.
Plea Bargaining: The Case For Reform
Plea Bargaining: The Case For Reform
University of Richmond Law Review
Although plea bargaining has not been openly recognized or sanctioned by most courts, it has become quite widespread and effective. Due to this lack of formal recognition, no uniform plea bargaining procedure has been developed, but generally, an accused is encouraged to plead guilty in exchange for some concession, the most familiar being a promise by the prosecutor to ask the court for leniency. Such concession is far from being the only "reward" offered by the state; indeed, if it were the only one, the practice would not have flourished as it has. Depending upon the particular laws of the …
The Indigent's Right To A Transcript Of Record, Larry Yackle
The Indigent's Right To A Transcript Of Record, Larry Yackle
Faculty Scholarship
There is no more fascinating subject in the field of federal constitutional law than the relationship between due process and equal protection, concepts brought together in the fourteenth amendment. Governmental action that is fundamentally unfair and a denial of due process may also involve discriminatory treatment and a denial of equal protection.' Accordingly, in a number of cases the distinction between the two concepts has been blurred. In Douglas v. California, the Supreme Court held that on first appeal counsel must be furnished to indigents at state expense because the failure to provide professional representation is both fundamentally unfair and …
Speedy Trial And The Congested Trial Calendar, Christopher L. Blakesley
Speedy Trial And The Congested Trial Calendar, Christopher L. Blakesley
Scholarly Works
In People v. Ganci, the defendant had been indicted for robbery, larceny, and assault while serving a prison sentence for another conviction. Five and one-half months after his indictment he moved, pursuant to section 668 of the New York Code of Criminal Procedure, to dismiss for failure to prosecute. Eleven months later, sixteen months after the indictment, he was brought to trial, convicted, and sentenced. On appeal, the New York Supreme Court, Appellate Division, Second Judicial Department affirmed, whereupon the defendant appealed by permission to the New York Court of Appeals. On this appeal he contended that the delay deprived …
Cross-Sex Supervision In The Probation And After-Care Service, Phyllida Parsloe
Cross-Sex Supervision In The Probation And After-Care Service, Phyllida Parsloe
Articles by Maurer Faculty
No abstract provided.
A Study In The Treatment Of Crime And Law Enforcement In The United States As Compared To The European Countries., George E. Glos
A Study In The Treatment Of Crime And Law Enforcement In The United States As Compared To The European Countries., George E. Glos
St. Mary's Law Journal
The United States holds a comparably higher crime rate than European countries in the area of homicide, aggravated assault, robbery, burglary, and incitation of riots. This article explores the differences existing in the treatment of serious crimes in the leading systems of criminal law and law enforcement. This study examines how the United States, compared with European countries, define subcategories of major crimes and establish the penalties, defenses, and the access to relief attached to each crime. Contrasted with the provisions of the various states of the United States, the European provisions are simpler and carry stiffer penalties. The object …
Juvenile Courts--Juveniles In Delinquency Proceedings Are Not Constitutionally Entitled To The Right Of Trial By Jury--Mckeiver V. Pennsylvania, Michigan Law Review
Juvenile Courts--Juveniles In Delinquency Proceedings Are Not Constitutionally Entitled To The Right Of Trial By Jury--Mckeiver V. Pennsylvania, Michigan Law Review
Michigan Law Review
At a hearing in the juvenile court of Philadelphia in October 1968, Joseph McKeiver was declared a "delinquent child" and placed on probation by a juvenile court judge who determined that McKeiver had violated a Pennsylvania law. The juvenile court petition charged McKeiver, then sixteen years old, with robbery, larceny, and receiving stolen goods as the result of an incident in which McKeiver and twenty or thirty other youths took twenty-five cents from three teenagers. Despite the fact that the evidence against McKeiver consisted primarily of the weak and inconsistent testimony of two of the victims, the juvenile court judge, …
Argersinger V. Hamlin, Lewis F. Powell Jr.
Argersinger V. Hamlin, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Kirby V. Illinois, Lewis F. Powell Jr.
Criminal Procedure—Juveniles: Retroactive Application Of In Re Gault Denied In Washington—Brumley V. Charles Denny Juvenile Center, 77 Wn.2d 702, 466 P.2d 481 (1970), Anon
Washington Law Review
Genevieve Fay Brumley was adjudged a delinquent child by the juvenile court of Snohomish County on December 12, 1966 after she admitted telephoning bomb threats to local schools. Present at the adjudicatory hearing were court personnel, her parents, a welfare caseworker, a probation officer, and a policeman. She was not represented by counsel. During her subsequent incarceration, the United States Supreme Court extended the right to counsel to juvenile proceedings in In re Gault. In August of 1968, Miss Brumley petitioned the superior court for a writ of habeas corpus, contending that the Gault decision required a reversal of her …
Can We Afford To Provide Trial Counsel For The Indigent In Misdemeanor Cases?, Junius L. Allison, Jack L. Phelps
Can We Afford To Provide Trial Counsel For The Indigent In Misdemeanor Cases?, Junius L. Allison, Jack L. Phelps
William & Mary Law Review
No abstract provided.
Criminal Law--Indigent's Payment For Depositions, Joseph Wagoner
Criminal Law--Indigent's Payment For Depositions, Joseph Wagoner
West Virginia Law Review
No abstract provided.
Criminal Law—Voluntary Admissions Held Admissible Even Though Obtained By Means Of Interrogation In Absence Of Counsel., Bernard M. Brodsky
Criminal Law—Voluntary Admissions Held Admissible Even Though Obtained By Means Of Interrogation In Absence Of Counsel., Bernard M. Brodsky
Buffalo Law Review
People v. Robles, 27 N.Y.2d 155, 263 N.E.2d 304, 314 N.Y.S.2d 793 (1970).
Criminal Procedure—Constitutional Right To Counsel In Parole Revocation Hearing, Clarence J. Sundram
Criminal Procedure—Constitutional Right To Counsel In Parole Revocation Hearing, Clarence J. Sundram
Buffalo Law Review
People ex rel. Menechino v. Warden, Greenhaven State Prison, 27 N.Y.2d 376, 267 N.E.2d 238, 318 N.Y.S.2d 449 (1971).
Judicial Problems In Administering Court Appointment Of Counsel For Indigents
Judicial Problems In Administering Court Appointment Of Counsel For Indigents
Washington and Lee Law Review
No abstract provided.
The Right To Counsel At Photographic Identifications
The Right To Counsel At Photographic Identifications
Washington and Lee Law Review
No abstract provided.
The Authorization Of Warrantless Wiretapping By The President In National Security Matters Involving Domestic Dissidents., William F. Mcquillen
The Authorization Of Warrantless Wiretapping By The President In National Security Matters Involving Domestic Dissidents., William F. Mcquillen
St. Mary's Law Journal
Abstract Forthcoming.
Confessions Given More Than Six Hours After Arrest During A Delay In Arraignment Are Admissible Under 18 U.S.C. 3501(C), Although The Trial Judge Under Subsection 3501(B) May Take Into Account Delay In Arraignment In His Determination Of Voluntariness., Keith E. Kaiser
St. Mary's Law Journal
Abstract Forthcoming.
Discovery Of Witness Identity Under Preliminary Proposed Federal Criminal Rule 16, Robert R. Kaplan
Discovery Of Witness Identity Under Preliminary Proposed Federal Criminal Rule 16, Robert R. Kaplan
William & Mary Law Review
No abstract provided.