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Criminal Justice: Adversary Or Inquest; Did Due Process Reform The Wrong System?, Robert Emmett Burns

Loyola University Chicago Law Journal

No abstract provided.

Preventive Detention During Riots, Jerold H. Israel

Book Chapters

Various studies of the administration of justice during riots establish that persons arrested during riots generally have been detained for substantially longer periods than persons arrested during nonriot situations. This "extra" period of pretrial detention has been the product of quite different practices in different cities, and these practices have been based on several different administrative policies including, but not limited to, preventive detention.

In several cities, extra-lengthy detention resulted from a general judicial policy of setting extraordinarily high bail for the duration of the riot. A prime example was Detroit, where 70% of the bail initially set was in …

The Theory Of Criminal Negligence: A Comparative Analysis, George P. Fletcher

Faculty Scholarship

Negligence is a problematic ground for criminal liability. Every major Western legal system punishes negligent as well as intentional violations of protected interests; but theorists both here and abroad feel uneasy about the practice Negligent motoring and negligent manufacturing significantly threaten the public interest; yet Western judges seem more comfortable punishing counterfeiters and prostitutes than imposing sanctions against those who inadvertently take unreasonable risks. Negligence appears indeed to be an inferior, almost aberrant ground for criminal liability. Every interest protected by the criminal law is protected against intentional violations; but only a few-life, bodily integrity, and sometimes property-are secured against …

Sentencing: The Use Of Psychiatric Information And Presentence Reports, Rutheford B. Campbell Jr.

Kentucky Law Journal

No abstract provided.

Codification, Reform, And Revision: The Challenge Of A Modern Federal Criminal Code, John L. Mcclellan

Journal Articles

The four chief factors influencing the quality of American justice were identified by Dean Roscoe Pound as personnel, administration, procedure, and the substantive law. It is certain that better judges, prosecutors, and enforcement officers, better organization of courts, better administrative methods, and more adequate administrative personnel must come first in any effective program for the improvement of our nation's system of criminal justice. At the same time, the men who staff that system will be guided by an authoritatively prescribed criminal procedure, and they will be giving effect to an authoritatively prescribed criminal law. An archaic code of procedure and …

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 Grand Jury As The New Inquisition, Michael E. Tigar, Madeline R. Levy

Faculty Scholarship

No abstract provided.

Opinions—Criminal Procedure—Misdemeanant's Right To Counsel: Legislative Inaction Resolves Constitutional Doubts?—Hendrix V. Seattle, 76 Wn. 2d 142, 456 P.2d 696 (1969), Anon

Washington Law Review

Since Gideon v. Wainwright was decided, a major question has been: to what crimes does the indligent's constitutional right to trial counsel at public expense extend? The Washington and Oregon Supreme Courts recently considered the question and reached conflicting results.

Criminal Procedure - Plea Bargaining, Stanley M. Stein

Duquesne Law Review

The Supreme Court of Pennsylvania has held that any participation by a trial judge in the plea bargaining process prior to trial is forbidden.

Commonwealth v. Evans, 434 Pa. 52, 252 A.2d 689 (1969).

Assistance In Addition To Counsel For Indigent Defendants: The Need For, The Lack Of, The Right To, Dennis W. Alexander

Villanova Law Review (1956 - )

No abstract provided.

Toward Effective Criminal Discovery: A Proposed Revision Of Federal Rule 16, Alan M. Lieberman

Villanova Law Review (1956 - )

No abstract provided.

Some Observations On Waiver In Indiana Criminal Appeals: The Substantial Re-Adoption Of Rule 1-14b In Trial Rule 59, Francis X. Mccloskey

Indiana Law Journal

No abstract provided.

The New Local Criminal Rules For The Northern District Of Illinois, Terence F. Maccarthy, Kevin M. Forde

Loyola University Chicago Law Journal

No abstract provided.

Decision Trees, Peter L. Strauss, Michael R. Topping

Faculty Scholarship

The object of this paper is to inform those concerned with the administration of justice in Ethiopia – particularly, criminal justice – about a new and simple procedure which may assist in procuring uniform interpretation and application of laws and regulations. The problem of uniform interpretation and application is particularly severe where, as in Ethiopia, new laws must be interpreted and applied by persons who have not yet had the opportunity of formal legal education. For these persons the discovery of the relevant code articles and the understanding of their interrelationships and application must be very difficult indeed. One possible …

Foreword: Waiver Of Constitutional Rights: Disquiet In The Citadel, Michael E. Tigar

Faculty Scholarship

Foreword to Harvard Law Review review of Supreme Court 1969 Term

The Quest For Balance In Bail: The New South Wales Experience, R.P. Roulston

University of Richmond Law Review

The right to bail is as old as the law of England itself and it is, as Lord Devlin has remarked, "indeed curious that fundamental questions concerning it have never been settled. The system so far has worked satisfactorily without providing any occasion for their resolution."

American Bar Association Project On Minimum Standards For Criminal Justice: Standards Relating To Trial By Jury (Approved Draft), Melvin M. Belli

Michigan Law Review

A Review of American Bar Association Project on Minimum Standards for Criminal Justice: Standards Relating to Trial by Jury (Approved Draft). Recommended by the Advisory Committee on the Criminal Trial

Criminal Restitution: A Survey Of Its Past History And An Analysis Of Its Present Usefulness, Richard E. Laster

University of Richmond Law Review

In the complex structure often inappropriately designated the system of criminal justice,a there are few visible signs of consideration for the party who suffers most from criminal activity-the victim. Yet, historically, this was not always the situation, nor is it necessarily true today in countries other than the United States. Even in the United States compensation plans for victims of crime have been passed by a few state legislatures, and most state statutes on probation allow restitution by the criminal to his victim as a condition thereof. In addition, at the less visible levels of the criminal legal process, restitution …

The Machinery Of Criminal Justice In England And The United States, William Burns Lawless

Journal Articles

This article will lay side by side the major structures of the English and American criminal law procedures and will attempt to draw some conclusions helpful to strengthening American technique. Such a comparison is relevant at this time because of the mounting concern of the American people with the problem of crime and the particular feeling that, in some mysterious way, our courts or the men who man them have not properly responded to the cruel waves of lawlessness which engulf us. In other quarters, there is a feeling that the police are either inept or inadequate to the challenge …

Criminal Procedure For Juvenile Offenders In Ethiopia, Stanley Z. Fisher

Faculty Scholarship

The purpose of this article is to set out, in summary fashion, the law concerning juvenile offenders in Ethiopia. Our focus will be on procedural rather than substantive aspects-insofar as it is possible to separate the two-and particularly upon the enforcement of constitutional guarantees in the process.

Constitutional Law--Double Jeopardy--Prosecutions By Both A City And A State For An Identical Offense As A Violation Of The Prohibition Against Double Jeopardy--Waller V. State, Michigan Law Review

Michigan Law Review

In Benton v. Maryland, decided in June of this year, the Supreme Court explicitly extended fifth amendment protection against double jeopardy to the states through the fourteenth amendment. Palko was specifically overruled to the extent that it was inconsistent with the Benton decision. Thus, the theories traditionally used to defend prosecutions by both a city and a state for the same offense must be examined to determine whether they are still valid when the fifth amendment's prohibition against double jeopardy is applied to state proceedings. This Recent Development examines the implications of the Benton decision for those theories.

Wright: Federal Practice And Procedure, Criminal Procedure, J. Edward Lumbard, George W. Shadoan

Michigan Law Review

Reviews of 3 Vols. By Charles Alan Wright

The Congressional Invitation To Avoid The Preliminary Hearing: An Analysis Of Section 303 Of The Federal Magistrates Act Of 1968, Patricia W. Weinberg, Robert L. Weinberg

Michigan Law Review

Under prior law, it is true, many federal prosecutors routinely avoided preliminary hearings by securing continuances of the hearing date until after an indictment was obtained. But this ploy required a complaisant magistrate or an inert defendant. Moreover, the propriety of using continuances to circumvent the accused's right to a preliminary hearing had come under increasing and sometimes successful attack. Section 303, if literally construed, can legitimize the prosecutorial practice of mooting the defendant's right to a preliminary hearing under rule 5(c) by obtaining a relatively quick indictment. This predictable use or abuse of the Act should and can be …

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 …

The Limits Of The Criminal Sanction, By Herbert L. Packer, Roger B. Dworkin

Indiana Law Journal

No abstract provided.

Imprisonment For Nonpayment Of Fines And Costs: A New Look At The Law And The Constitution, Paul M. Stein

Vanderbilt Law Review

This note is based on the premise that a new understanding of the principles of sentencing has evolved during the past half-century. After articulating this thesis, one which has been more fully developed elsewhere, an assessment is made of the extent to which the more modern concepts of sentencing have been embodied in public policy as enunciated in statutes and court decisions, particularly decisions interpreting constitutional requirements. This examination reveals tha the existing rules and practices concerning imprisonment for fines and costs reflect uneasy compromises between competing policies and that these rules and practices are largely holdovers from an earlier …

A History Of Criminal Procedures As Related To Mental Disorders, Ralph Slovenko

West Virginia Law Review

No abstract provided.

Confessions--Right To Counsel Before Trial: The Indigent Defendant, Roy Mitchell Moreland

Kentucky Law Journal

No abstract provided.

Criminal Procedure, 1969 - Is It A Means Or An End?, Erwin N. Griswold

Maryland Law Review

No abstract provided.