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Articles 5581 - 5610 of 5712
Full-Text Articles in Entire DC Network
Criminal Procedure—Indictment—Evidence Inadmissible At Trial Is Inadmissible In Grand Jury Proceedings, Michael Nelson
Criminal Procedure—Indictment—Evidence Inadmissible At Trial Is Inadmissible In Grand Jury Proceedings, Michael Nelson
Buffalo Law Review
West v. United States, 359 F.2d 50 (8th Cir.), cert. denied mem., 87 Sup. Ct. 131 (1966).
Post-Conviction Relief For Federal Prisoners: A Survey And A Suggestion Under 28 U.S.C. 2255, Gerald F. Uelmen
Post-Conviction Relief For Federal Prisoners: A Survey And A Suggestion Under 28 U.S.C. 2255, Gerald F. Uelmen
West Virginia Law Review
In answer to the complaints of numerous federal judges that they were being engulfed by a flood of habeas corpus petitions, Congress in 1948 enacted a complete revision of the habeas corpus provisions of the Judicial Code. Part of this revision was title 28, section 2255, of the United States Code which "restates, clarifies and simplifies the procedure in the nature of the ancient writ of error coram nobis." Adopted upon the recommendation of the Judicial Conference of the United States, its declared purpose was to provide "an expeditious remedy for correcting erroneous sentences without resort to habeas corpus." The …
Habeas Corpus In West Virginia, Fred L. Fox Ii
Habeas Corpus In West Virginia, Fred L. Fox Ii
West Virginia Law Review
No abstract provided.
Covert Contingencies In The Right To The Assistance Of Counsel, Abraham S. Blumberg
Covert Contingencies In The Right To The Assistance Of Counsel, Abraham S. Blumberg
Vanderbilt Law Review
On the basis of a sociological survey showing that a very large percentage of guilty pleas are induced by defense counsel, Professor Blumberg concludes that criminal justice is not structured on the adversary model which the Supreme Court's right to counsel decisions presuppose. He submits that the primary loyalty of defense counsel is to the criminal court "system," the informal organization of court officials on which they depend for their professional existence. He suggests further that the additional attorneys which will be required to implement the right to counsel decisions will simply serve to make the"system" more efficient in utilizing …
From Escobedo To Miranda: The Anatomy Of A Supreme Court Decision, By Richard J. Medalie
From Escobedo To Miranda: The Anatomy Of A Supreme Court Decision, By Richard J. Medalie
Washington and Lee Law Review
No abstract provided.
Conviction: The Determination Of Guilt Or Innocence Without Trial, By Donald J. Newman
Conviction: The Determination Of Guilt Or Innocence Without Trial, By Donald J. Newman
Washington and Lee Law Review
No abstract provided.
The Court And The Criminal, Robert J. Steamer
The Court And The Criminal, Robert J. Steamer
William & Mary Law Review
No abstract provided.
The Disclosure To Defense Of Presentence Reports In West Virginia, Willard D. Lorensen
The Disclosure To Defense Of Presentence Reports In West Virginia, Willard D. Lorensen
West Virginia Law Review
No abstract provided.
Psychiatric Testimony And The Doctrine Of Diminished Responsibility - State V. Sikora
Psychiatric Testimony And The Doctrine Of Diminished Responsibility - State V. Sikora
Maryland Law Review
No abstract provided.
United States V. Tempia: The Questionable Application Of Miranda To The Military, James F. Falco
United States V. Tempia: The Questionable Application Of Miranda To The Military, James F. Falco
Villanova Law Review (1956 - )
No abstract provided.
The Citizen On Trial: The New Confession Rules, Yale Kamisar
The Citizen On Trial: The New Confession Rules, Yale Kamisar
Articles
Commenting on why it has taken the United States so long to apply "the privilege against self-incrimination and the right to counsel to the proceedings in the stationhouse as well as to those in the courtroom" - as the Supreme Court did in Miranda v. Arizona - this author notes that, "To a large extent this is so because here, as elsewhere, there has been a wide gap between the principles to which we aspire and the practices we actually employ."
Contemporary Winds And Currents In Criminal Law, With Special Reference To Constitutional Criminal Procedure: A Defense And Appreciation, Sanford Jay Rosen
Contemporary Winds And Currents In Criminal Law, With Special Reference To Constitutional Criminal Procedure: A Defense And Appreciation, Sanford Jay Rosen
Maryland Law Review
No abstract provided.
Newman: Conviction: The Determination Of Guilt Or Innocence Without Trial, B. J. George Jr.
Newman: Conviction: The Determination Of Guilt Or Innocence Without Trial, B. J. George Jr.
Michigan Law Review
A Review of Conviction: The Determination of Guilt or Innocence Without Trial by Donald J. Newman
Police Policy Formulation: A Proposal For Improving Police Performance, Herman Goldstein
Police Policy Formulation: A Proposal For Improving Police Performance, Herman Goldstein
Michigan Law Review
The police function in this country is much more varied and much more complex than is generally recognized. This is particularly true today in the congested areas of large urban centers· where the demand for police services is especially great and where the police are confronted with an increasing variety of difficult situations, many of which stem from dissatisfaction with the economic and social conditions existing in such areas. As law enforcement has become more difficult, it has, for the same reasons, taken on new importance as a function of local government.
Grounds For Relief Under 28 U.S.C. § 2255: A Suggested Standard, Patrick L. Baude
Grounds For Relief Under 28 U.S.C. § 2255: A Suggested Standard, Patrick L. Baude
Articles by Maurer Faculty
No abstract provided.
Habeas Corpus--Custody And Release From Custody Requirements Of Habeas Corpus--Viability Of Mcnally V. Hill In The Moden Context, Michigan Law Review
Habeas Corpus--Custody And Release From Custody Requirements Of Habeas Corpus--Viability Of Mcnally V. Hill In The Moden Context, Michigan Law Review
Michigan Law Review
Section 2241 of Title 28 of the United States Code requires that a petitioner for a writ of habeas corpus be "in custody." As a corollary of the "custody" requirement, the common law tradition required that the effect of the writ must be the petitioner's "release from custody.'' Because the United States Constitution and the federal habeas corpus statutes guarantee the availability of the writ in general terms, it is to the common law that the courts have consistently turned for the definition of these terms and for the restrictive effect of these requirements on the availability of the writ …
Some Observations On The Origin And Structure Of Evidence Rules Under The Common Law System And The Civil Law System Of "Free Proof" In The German Code Of Criminal Procedure, Karl H. Kunert
Buffalo Law Review
No abstract provided.
Book Review Of Cases And Readings In Criminal Law And Procedure, Michael Katz
Book Review Of Cases And Readings In Criminal Law And Procedure, Michael Katz
Journal of Legal Education
No abstract provided.
Criminal Law: Right To Counsel—Critical Stage Test In Non-Confession Cases, Anon
Criminal Law: Right To Counsel—Critical Stage Test In Non-Confession Cases, Anon
Washington Law Review
Defendant was arrested for driving under the influence of alcohol, a misdemeanor. After being taken to jail, his requests to call an attorney were denied in accordance with a police department regulation. Defendant's counsel submitted that, if contacted, he would have ordered a chemical, blood-alcohol test administered by a physician. Convicted in police court and superior court, defendant appealed to the Washington Supreme Court, which reversed and dismissed the charges. Held: The time immediately following arrest for driving under the influence of alcohol is a "critical stage" in criminal proceedings, during which defendant is entitled to counsel under the sixth …
Book Review Of Arrest: The Decision To Take A Suspect Into Custody, Dale W. Broeder
Book Review Of Arrest: The Decision To Take A Suspect Into Custody, Dale W. Broeder
Journal of Legal Education
No abstract provided.
Jury Trial Of Crimes, Lewis F. Powell, Jr.
Jury Trial Of Crimes, Lewis F. Powell, Jr.
Washington and Lee Law Review
No abstract provided.
The Use Of Federal Habeas Corpus By State Prisoners, J. Deweese Carter
The Use Of Federal Habeas Corpus By State Prisoners, J. Deweese Carter
Washington and Lee Law Review
No abstract provided.
Proof By Confession, O. John Rogge
Proof By Confession, O. John Rogge
Villanova Law Review (1956 - )
No abstract provided.
Arrest: The Decision To Take A Suspect Into Custody, By Wayne La Fave, Donald L.A. Kerson
Arrest: The Decision To Take A Suspect Into Custody, By Wayne La Fave, Donald L.A. Kerson
Indiana Law Journal
No abstract provided.
Right To Counsel In Criminal Cases, Edward T. Haggins
Right To Counsel In Criminal Cases, Edward T. Haggins
Cleveland State Law Review
"The right to be heard would be, in many cases, of little avail if it did not comprehend the right to be heard by counsel. Even the intelligent and educated layman has small and sometimes no skill in the science of law... He requires the guiding hand of counsel at every step of the proceedings against him." These words, written in 1932 by Mr. Justice Sutherland for the majority in the famous case of Powell v. Alabama underline the fundamental right of a defendant in American criminal proceeding to have the assistance of counsel.
Lafave: Arrest: The Decision To Take A Suspect Into Custody, B. J. George Jr.
Lafave: Arrest: The Decision To Take A Suspect Into Custody, B. J. George Jr.
Michigan Law Review
A Review of The Decision To Take a Suspect Into Custody by Wayne R. LaFave
The Supreme Court And Criminal Procedure, Edward S. Northrop
The Supreme Court And Criminal Procedure, Edward S. Northrop
Maryland Law Review
No abstract provided.
A Dissent From The Miranda Dissents: Some Comments On The 'New' Fifth Amendment And The Old 'Voluntariness' Test, Yale Kamisar
A Dissent From The Miranda Dissents: Some Comments On The 'New' Fifth Amendment And The Old 'Voluntariness' Test, Yale Kamisar
Articles
F the several conferences and workshops (and many lunch conversations) on police interrogation and confessions in which I have participated this past summer3 are any indication, Miranda v. Arizona' has evoked much anger and spread much sorrow among judges, lawyers and professors. In the months and years ahead, such reaction is likely to be translated into microscopic analyses and relentless, probing criticism of the majority opinion. During this period of agonizing appraisal and reappraisal, I think it important that various assumptions and assertions in the dissenting opinions do not escape attention.
Has The Court Left The Attorney General Behind? The Bazelon-Katzenbach Letters On Poverty, Equality, And The Administration Of Criminal Justice, Yale Kamisar
Articles
Distribution of the first preliminary draft of the proposed American Law Institute Model Code of Pre-Arraignment Procedure last June touched off a brisk exchange of letters between Chief Judge David Bazelon of the United States Court of Appeals for the District of Columbia Circuit, who maintained that the proposed code left a good deal to be desired, and Attorney General Nicholas deB. Katzenbach, who, although he did not explicitly treat any provision of the preliminary draft, sharply challenged the conception of equality underlying Bazelon's criticism of it. By now, both the code, and the Bazelon-Katzenbach correspondence which it evoked, are …
Criminal Law And Procedure, Henry Paul Monaghan
Criminal Law And Procedure, Henry Paul Monaghan
Faculty Scholarship
§12.1 Introduction. The recent decisions of the United States Supreme Court in the area of criminal procedure have begun to have a considerable impact upon litigation in the Massachusetts courts; indeed, for at least the second successive year the major emphasis of the Supreme Judicial Court's criminal law opinions centered upon considerations of "criminal due process." On the whole, the Court demonstrated an admirable concern for protecting the requirements of a fair trial. However, in at least two significant areas its decisions are open to considerable question: (1) in a series of opinions the Court confined the admittedly unclear …