Digital Commons Network^™

The Constitution And Contempt Of Court, Ronald Goldfarb

Michigan Law Review

Few legal devices find conflict within the lines of our Constitution with the ubiquity of the contempt power. These conflicts involve issues concerning the governmental power structure such as the separation of powers and the delicate balancing of federal-state relations. In addition, there are civil rights issues attributable to the conflict between the use of the contempt power and such vital procedural protections as the right to trial by jury, freedom from self-incrimination, double jeopardy, and indictment-to name only the most recurrent and controversial examples. Aside from these problems, there are other civil liberties issues, such as those involving freedom …

Criminal Law And Procedure—Extremely Long And Unreasonable Delay In Sentencing Convicted Criminal Divests Court Of Jurisdiction, James P. Manak

Buffalo Law Review

People ex rel. Harty v. Fay, 10 N.Y.2d 374, 179 N.E.2d 483, 223 N.Y.S.2d 468 (1961).

New York Troika: Conflicting Roles Of The Grand Jury, J. Douglas Cook

Buffalo Law Review

No abstract provided.

Criminal Procedure—Admissibility Of Confession After Request For Counsel Ignored, Robert E. Nicely

Buffalo Law Review

People v. Waterman, 9 N.Y.2d 561, 216 N.Y.S.2d 70 (1961).

Criminal Procedure—Due Process Requires Counsel In Wayward Minor Proceeding, Edward Heller

Buffalo Law Review

People v. Noble, 9 N.Y.2d 571, 216 N.Y.S.2d 79 (1961).

Criminal Procedure—Prior Felony Conviction Determined According To New York Statute, W. L.

Buffalo Law Review

People (ex rel. Baumgart) v. Martin, 9 N.Y.2d 351, 214 N.Y.S.2d 370 (1961).

Criminal Procedure—State Trends In Criminal Discovery, Francis P. Mcgarry

Buffalo Law Review

People v. Bloeth, 9 N.Y.2d 211, 213 N.Y.S.2d 51 (1961); People v. Polle, 9 N.Y.2d 349, 214 N.Y.S.2d 369 (1961); Fisher v. State, 10 N.Y.2d 60, 217 N.Y.S.2d 52 (1961).

Criminal Procedure—Admissibility Of Confession Elicited After Indictment, Louis H. Siegel

Buffalo Law Review

People v. Rosario, 9 N.Y.2d 286, 213 N.Y.S.2d 448 (1961).

Criminal Law, Lloyd W. Peterson

Washington Law Review

Covers observations on State v. Beck on "the joint problems of delineating the function of the grand jury and the protections required to be afforded those who appear in a grand jury proceeding" and related cases.

Constitutional Law - Search And Seizure - Evidence Obtained By Unreasonable Search And Seizure Is Constitutionally Inadmissible In State Criminal Prosecutions, John B. Lieberman Iii

Villanova Law Review (1956 - )

No abstract provided.

Constitutional Law - Due Process And Right Of Confrontation- Jencks Act, Robert J. Margolin S.Ed.

Michigan Law Review

The Jencks Act like the rule it purportedly reaffirmed, was designed to insure "justice." Although the stated purpose of the act was to preserve the rights of any defendant under due process of law, the question remains unresolved whether, in articulating the rule in terms of "justice," the Court in Jencks v. United States incorporated it into the requirements of due process. To be sure, the underlying intent of both the Court and Congress is unclear, but of far more concern than the intent is whether the Jencks Act, in fact, violates the constitutional mandates of the Fifth and Sixth …

Compulsory Attendance Of Nonresident Witnesses, J. D. Mcd.

West Virginia Law Review

No abstract provided.

Prosecutor Indiscretion: A Result Of Political Influence

Indiana Law Journal

No abstract provided.

The Jencks Case

Washington and Lee Law Review

No abstract provided.

Anomalous Penalties In The Criminal Law Of Pennsylvania, Nathan Kessler

Villanova Law Review (1956 - )

No abstract provided.

Book Review. Fellman, D., The Defendant's Rights, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Criminal Procedure--Right Of State To Appeal, Henry H. Dickinson

Kentucky Law Journal

No abstract provided.

Legislation - Federal Criminal Procedure - Modification Of Jencks Decision, Raymond J. Dittrich, Jr. S.Ed.

Michigan Law Review

Defendant was convicted of a violation of 18 U.S.C. §1001. During the trial, the court denied defendant's motion to order the government to produce for defendant's inspection reports submitted by government witnesses to government agents. The reports dealt with the same subject about which these witnesses later testified. The court of appeals affirmed the decision. On certiorari to the United States Supreme Court, held, reversed, one justice dissenting. The government has a privilege to refuse to surrender statements made by its prospective witnesses, but it may claim the privilege only at the expense of a dismissal of its case …

Constitutional Law - Post-Conviction Due Process - Right Of Indigent To Review Of Non-Constitutional Trial Errors, Robert C. Casad S.Ed.

Michigan Law Review

The purpose of this comment is to examine a new development. in post-conviction due process: Griffin v. Illinois. This case announces a new principle of constitutional right under the Fourteenth Amendment based on an almost indistinguishable combination of due process and equal protection elements.

Pending Peril And The Right To Search Dwellings, Max Deberry, Gerhard O. W. Mueller

West Virginia Law Review

No abstract provided.

Nonfeasance: A Threat To The Prosecutors' Discretion

Indiana Law Journal

No abstract provided.

Revision Of Criminal Law -- Objectives And Methods, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Book Reviews, Philip Mechem, Harold C. Havighurst, Robert E. Keeton, Frederick J. Ludwig, Clarence J. Morrow, William Miller, L. G. Blackstock, T. A. Smedley, Benjamin Harrow, Samuel L. Prince, A. Arthur Schiller, Clyde W. Summers

Journal of Legal Education

No abstract provided.

Constitutional Law—Admission Of Evidence Obtained By Use Of Stomach Pump Violative Of Due Process, Joseph A. Taddeo

Buffalo Law Review

Rochin v. People of California, 72 S. Ct. 205 (1952).

The Historical Development Of Self-Defense As Excuse For Homicide, Jack Lowery Jr.

Kentucky Law Journal

No abstract provided.

Insanity As A Defense To Crime, James Daniel Cornette

Kentucky Law Journal

No abstract provided.

Constitutional Law-Due Process-Use Of Extraneous Evidence In Determining Criminal Sentence, Colvin A. Peterson, Jr. S. Ed.

Michigan Law Review

Petitioner was convicted of murder in the first degree with a recommendation for life imprisonment. In reliance on police and probation reports showing petitioner's background which included over thirty burglaries for which he had never been arraigned and a "morbid sexuality," the trial judge disregarded the jury's recommendation and imposed the death sentence. Although petitioner did not have an opportunity to examine the reports prior to the sentence hearing, he was represented by counsel at the hearing and did not challenge them at that time. Petitioner contended that he had been denied due process of law because his sentence had …

Injunctive Law Enforcement: Leaven Or Secret Weapon, Frank E. Maloney

Mercer Law Review

The historical development of English law resulted in the division of the law into three main branches: common law, equity, and criminal law. The common law as administered by the king's court developed into a rigid system of formal actions, with relief by way of money damages as the one remedy in personal actions. This development, together with the growth of highly technical rules of pleading, left many situations in which no adequate relief was available in those courts; and the resulting inflexibility of the system led to the growth of equity, under which the king's prerogative might be exercised …

Constitutionality Of Criminal Statutes Containing No Requirement Of Mens Rea

Indiana Law Journal

Criminal Law Note

Criminal Justice In Germany: Ii, Hans Julius Wolff

Michigan Law Review

The trial (Hauptverhandlung) is the main and central part of the whole criminal proceeding. All that is brought forward in the trial and only what is brought forward there can furnish the basis for the verdict. Whatever has preceded the trial proper becomes irrelevant as soon as the trial is opened.

The principles governing the trial are publicity, orality, immediateness, and concentration.