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Defense Access To Grand Jury Testimony: A Right In Search Of A Standard Jun 1968

Defense Access To Grand Jury Testimony: A Right In Search Of A Standard

Duke Law Journal

Although it had been previously recognized that a defendant was entitled to inspect grand jury testimony in certain circumstances, in Dennis v. United States the Supreme Court first granted disclosure on the ground that sufficient "particularized need" had been shown. Although failing to clarify adequately the constituents of this verbal formula or to define fully the procedure to be utilized, the Court nevertheless clearly implied a disposition toward liberal disclosure. In light of the lack of substantive specificity in Dennis, subsequent lower court interpretations have generally emphasized the permissive tenor of the opinion to promulgate rules of automatic disclosure in …


Jury Challenges, Capital Punishment, And Labat V. Bennett: A Reconciliation Apr 1968

Jury Challenges, Capital Punishment, And Labat V. Bennett: A Reconciliation

Duke Law Journal

Reasoning that one who opposes the death penalty may deny the state an impartial trial, most American jurisdictions sustain a challenge for cause to a prospective juror with such scruples. Recent decisions, attempting to ensure that the jury truly represents a "cross-section of the community," have, however, suggested that due process may be denied when an identifiable class of the community is summarily excluded from the jury cross-section. The legitimacy of this theory may well be tested in the Supreme Court this term, as two cases raise the question whether capital punishment objectors are such a class. This comment seeks …


Constitutional Law: Successive Municipal And State Prosecutions Found Permissible Despite Assumed Application Of Double Jeopardy Clause Apr 1968

Constitutional Law: Successive Municipal And State Prosecutions Found Permissible Despite Assumed Application Of Double Jeopardy Clause

Duke Law Journal

Although founding its decision upon the present inapplicability of the double jeopardy clause to the states, the District Court for the Eastern District of Louisiana has determined that, even assuming such an imposition, successive municipal and state prosecutions remain constitutionally permissible. Based, however, upon an erroneous analogy to the justifications underlying successive state and federal prosecutions, the court's conclusion seems uncompelling. Moreover, the court failed to consider the significant question of whether such state and municipal prosecutions are consistent with the requirements of due process.


Criminal Justice 1968: Developments And Directions, A. Kenneth Pye Jan 1968

Criminal Justice 1968: Developments And Directions, A. Kenneth Pye

Faculty Scholarship

No abstract provided.


The Warren Court And Criminal Procedure, A. Kenneth Pye Jan 1968

The Warren Court And Criminal Procedure, A. Kenneth Pye

Faculty Scholarship

No abstract provided.


Constitutional Law: Supreme Court Indicates Significant Limitation Upon Review Of State Criminal Procedures Aug 1967

Constitutional Law: Supreme Court Indicates Significant Limitation Upon Review Of State Criminal Procedures

Duke Law Journal

In affirming convictions pursuant to a Texas statute implementing common law recidivist procedure, the Supreme Court attenuated the efficacy of allegations of jury prejudice and of alternative means as constitutional determinants in the consideration of criminal procedures absent potential frustration of specific constitutional provisions. Based upon pragmatic considerations of judicial efficiency and deference to state prerogative, the decision may extend beyond its unique factual situation to narrow significantly the role of due process in defining the range of permissible state criminal procedures.


The American Bar Association Suggests An Answer To The “Fair Trial-Free Press Dilemma” Jun 1967

The American Bar Association Suggests An Answer To The “Fair Trial-Free Press Dilemma”

Duke Law Journal

In response to the increasing controversy subsumed under the label of "fair trial-free press," the American Bar Association has issued a Tentative Draft of Standards. This comment examines the impediments posed to a constitutionally fair trial by unbridled publicity and evaluates the proposed solutions, with particular emphasis upon the ABA's recommendations.


Constitutional Law: The Supreme Court Constructs A Limited Right To Trial By Jury For Federal Criminal Contemnors Jun 1967

Constitutional Law: The Supreme Court Constructs A Limited Right To Trial By Jury For Federal Criminal Contemnors

Duke Law Journal

In an exercise of the discretionary rule-making authority over the lower federal courts, the Supreme Court in Cheff v. Schnackenburg directed that sentences exceeding six months may not be imposed absent a jury trial or waiver thereof. However, in obliquely withdrawing the previously asserted constitutional basis for the six-months limitation, the Court conceivably has undermined the viability of the criminal contemnor's "right" to a jury trial. Moreover, in light of the potential conflict between the Cheff directive and congressional intent, the precise scope and mode of application of the sentencing restriction remains unsettled.


Constitutional Law: Supreme Court Delineates The Relationship Between The Fourth And Fifth Amendments Apr 1967

Constitutional Law: Supreme Court Delineates The Relationship Between The Fourth And Fifth Amendments

Duke Law Journal

In Schmerber v. California the Supreme Court reaffirmed the admissibility of blood test evidence procured without consent of the accused. Rejecting petitioner's fourth and fifth amendment claims, the Court utilized a refined definition of the privilege against self-incrimination in determining the reasonableness of intracorporeal search and seizure. Moreover, the approach taken by the majority arguably presages the demise of the mere evidence rule.


Richardson: Doctors, Lawyers, And The Courts, Oliver Schroeder Jr. Feb 1967

Richardson: Doctors, Lawyers, And The Courts, Oliver Schroeder Jr.

Duke Law Journal

No abstract provided.


The Constitution And International Agreements Or Unilateral Action Curbing “Peace-Imperiling’ Propoganda, Wade J. Newhouse Jr. Jul 1966

The Constitution And International Agreements Or Unilateral Action Curbing “Peace-Imperiling’ Propoganda, Wade J. Newhouse Jr.

Law and Contemporary Problems

No abstract provided.


Criminal Procedure—Supreme Court Narrows Scope Of Summary Procedures In Federal Criminal Contempt Convictions Jul 1966

Criminal Procedure—Supreme Court Narrows Scope Of Summary Procedures In Federal Criminal Contempt Convictions

Duke Law Journal

Under its power to supervise the administration of justice in the federal courts, the Supreme Court has severely circumscribed the use of summary proceedings to punish for contempt of court.


Constitutional Law: Supreme Court Holds Pennsylvania Statute Imposing Costs On An Acquitted Defendant Void For Vagueness Jul 1966

Constitutional Law: Supreme Court Holds Pennsylvania Statute Imposing Costs On An Acquitted Defendant Void For Vagueness

Duke Law Journal

In sustaining the defendant's vagueness challenge, the Supreme Court rejected the State's contention that since the statute was "civil" in character, it did not have to meet the due process standard of certainty required of criminal statutes. The Court's language is susceptible of varying interpretations which, in turn, give rise to possibilities for novel applications of the void-for-vagueness doctrine.


A Listing Of Current Books Jul 1966

A Listing Of Current Books

Duke Law Journal

No abstract provided.


Privacy In Welfare: Public Assistance And Juvenile Justice, Joel F. Handler, Margaret K. Rosenheim Apr 1966

Privacy In Welfare: Public Assistance And Juvenile Justice, Joel F. Handler, Margaret K. Rosenheim

Law and Contemporary Problems

No abstract provided.


Foreword, Robinson O. Everett Jan 1966

Foreword, Robinson O. Everett

Law and Contemporary Problems

No abstract provided.


Symposium: Student Rights And Campus Rules, Michael E. Tigar Jan 1966

Symposium: Student Rights And Campus Rules, Michael E. Tigar

Faculty Scholarship

No abstract provided.


The Role Of Legal Services In The Antipoverty Program, A. Kenneth Pye Jan 1966

The Role Of Legal Services In The Antipoverty Program, A. Kenneth Pye

Law and Contemporary Problems

No abstract provided.


A Listing Of Current Books Jan 1966

A Listing Of Current Books

Duke Law Journal

No abstract provided.


Defense Of The Poor In Criminal Cases In America State Courts: A Field Study And Report, Volume I: National Report. By Lee Silverstein, Alan F. Conwill Oct 1965

Defense Of The Poor In Criminal Cases In America State Courts: A Field Study And Report, Volume I: National Report. By Lee Silverstein, Alan F. Conwill

Duke Law Journal

No abstract provided.


Book Review, Ira Michael Heyman, Michael E. Tigar Jan 1965

Book Review, Ira Michael Heyman, Michael E. Tigar

Faculty Scholarship

No abstract provided.


Other Answers: Search And Seizure, Coerced Confession And Criminal Trial In Scotland, Paul Hardin Iii Jan 1964

Other Answers: Search And Seizure, Coerced Confession And Criminal Trial In Scotland, Paul Hardin Iii

Faculty Scholarship

No abstract provided.


Academic Freedom In The United States, Ernest Van Den Haag Jul 1963

Academic Freedom In The United States, Ernest Van Den Haag

Law and Contemporary Problems

No abstract provided.


Psychiatry, Criminal Law, And The Role Of The Psychiatrist, Ralph Slovenko Jul 1963

Psychiatry, Criminal Law, And The Role Of The Psychiatrist, Ralph Slovenko

Duke Law Journal

No abstract provided.


Machine-Made Justice: Some Implications, Joseph J. Spengler Jan 1963

Machine-Made Justice: Some Implications, Joseph J. Spengler

Law and Contemporary Problems

No abstract provided.


The Future Of Islamic Law In British Commonwealth Territories In Africa, J. N. D. Anderson Oct 1962

The Future Of Islamic Law In British Commonwealth Territories In Africa, J. N. D. Anderson

Law and Contemporary Problems

No abstract provided.


Mapp V. Ohio At Large In The Fifty States, Roger J. Traynor Jul 1962

Mapp V. Ohio At Large In The Fifty States, Roger J. Traynor

Duke Law Journal

No abstract provided.


Criminal Responsibility, Orvill C. Snyder Apr 1962

Criminal Responsibility, Orvill C. Snyder

Duke Law Journal

No abstract provided.


Criminal Procedure: Negligent Suppression Of Evidence As Ground For New Trial In Federal Criminal Proceedings Jan 1962

Criminal Procedure: Negligent Suppression Of Evidence As Ground For New Trial In Federal Criminal Proceedings

Duke Law Journal

No abstract provided.


Federal Income Tax: The Dilemma Of The Casualty Loss Deduction Jul 1961

Federal Income Tax: The Dilemma Of The Casualty Loss Deduction

Duke Law Journal

No abstract provided.