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The Question Of Parole: A Review, Martin R. Gardner

Nebraska Law Review

This article is a book review. Perhaps the most thorough and systematic critique of parole in light of the new retributive thinking is Andrew von Hirsch and Kathleen J. Hanrahan's new book, The Question of Parole. This book examines the narrower issue of whether parole would have a place in punishment systems built upon considerations of justice.

Sealing And Expungement Of Criminal Records: Avoiding The Inevitable Social Stigma, Linda S. Buethe

Nebraska Law Review

This Comment explores the problems which expungement and sealing are aimed at solving, examines the judicial response to the problem, and describes different approaches certain state legislatures have adopted. The arguments for and against retention of criminal records are discussed and the need for some type of legislative response in Nebraska is suggested.

I. Introduction

II. The Seriousness of the Problem … A. The “Record Prison” … B. “Above all else, employers are leery of any job applicant who has ever been arrested. Not necessarily convicted of a crime—just arrested.” … C. Admission to the Bar … D. Mass Arrests …

The Uniform Law Commissioners' Model Sentencing And Corrections Act: An Overview, Harvey S. Perlman, Josephine R. Potuto

Nebraska Law Review

I. Introduction

II. General Approaches … A. The Need for Legislative Leadership and Responsibility … B. The Need for Specificity … C. The Need for the Rule of Law in Sentencing and Corrections

III. Major Underlying Themes … A. Establishment and Unification of Correctional Systems—Article 2 … 1. Overview of Article 2 … B. Sentencing—Article 3 … 1. Overview of Article 3 … C. Treatment of Offenders and Judicial Oversight—Article 4 … 1. Overview of Article 4 … D. Interests of Victims—Article 5

IV. The Drafting Process

V. Conclusion

Indexes To Volume 58

Nebraska Law Review

No abstract provided.

The Rights Of The Press And The Closed Court Criminal Proceeding, G. Michael Fenner, James L. Koley

Nebraska Law Review

I. Introduction

II. Procedural Constitutional Rights: Procedural Due Process … A. The Application of Procedural Due Process Rights … B. The Scope of the Right … 1. "The private interest that will be affected by the official action" … 2. "The risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards" … 3. "The government's interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirement would entail" … C. Procedural Due Process: Conclusion

III. Substantive Constitutional Rights … …

Indexes To Volume 57

Nebraska Law Review

No abstract provided.

Trial Court Responses To Claims For Relief Under The Nebraska Post Conviction Act: A Taxonomy, Peter Toll Hoffman

Nebraska Law Review

I. Introduction

II. Disposition on the Basis of the Motion to Vacate … A. Claims Not Cognizable under the Post Conviction Act … B. Allegations Which Are Conclusions of Fact or of Law … C. Facts Alleged Fail to Show a Constitutional Violation

III. Disposition on the Basis of the Files and Records … A. No Factual Issue Presented … B. Motion and Files and Records Fail to Show a Constitutional Violation … C. Allegations Are Contradicted by Files and Records … D. Probative Value of Files and Records Outweighs Allegations

IV. Disposition on the Basis of a Procedural Bar …

Preliminary Notes On Reading The Rules Of Evidence, Edward W. Cleary

Nebraska Law Review

I. Introductory

II. Background and Basic Assumptions

III. The Instruments of Interpretation … A. Intent or Meaning? … B. The Plain Meaning Rule … C. Purpose as Context … D. Legislative History as Context … 1. The Rules Prescribed by the Supreme Court … 2. The Advisory Committee’s Notes … 3. Congressional Materials … 4. Remote Materials

IV. The Developing Pattern of Interpretation

[V]. Conclusion

Trial And Pretrial Publicity In English Criminal Justice, Colin Wakefield

Nebraska Law Review

This article aims to provide a statement of the law relating to trial and pretrial publicity in England. The discussion is limited to criminal cases because it is in this area that there has been the greatest controversy in the United States—and Nebraska in particular. English courts are not bound by entrenched constitutional principles, and it may appear to the American reader that when the English courts balance conflicting interests of a free press and a fair trial, they are rather arbitrary in their preference for the latter. The rights of the individual defendant are afforded the greatest protection—a premise …

Withdrawal Of Pleas In Nebraska: The Rejected Plea Bargain: State V. Evans, 194 Neb. 559, 234 N.W.2d 199 (1975), Rick L. Ediger

Nebraska Law Review

This Note deals specifically with one particular aspect of the plea bargaining process in Nebraska: whether a criminal defendant has the right to withdraw a plea of guilty or nolo contendere entered pursuant to a plea bargain. In State v. Evans, the Nebraska Supreme Court held that not only is there no right to withdraw a guilty plea entered upon a plea bargain, but, absent a manifest injustice, it is improper for a trial judge to permit the withdrawal of a plea of guilty. This Note discusses the implications of this decision and examine alternatives which merit serious consideration.

The Sheppard Mandate Today: A Trial Judge's Perspective, Eric E. Younger

Nebraska Law Review

I. Introduction

II. Dealing with Publicity Cases … A. A Rarity of Cases … B. Lack of Judicial Power … C. The Confusing Sheppard Mandate

III. Use of Gag Orders … A. Impact of Sheppard … B. ABA Due Process Proposal … C. The Nebraska Press Case

IV. Conclusion and Suggestions

Joinder Of Criminal Offenses In Nebraska: Judicial Discretion V. Fair And Impartial Trial: State V. Nance, 197 Neb. 95, 246 N.W.2d 868 (1976), Lavern Holdeman

Nebraska Law Review

In State v. Nance, the Supreme Court of Nebraska, over the dissent of Justice McCown, held that two or more separate criminal offenses may be joined in the same information and indictment, and tried in the same proceeding when the offenses charged are of the "same or similar character." Although the defendant in Nance moved for severance of the offenses, the supreme court held that the trial court had complete discretion in deciding whether to grant or deny such a motion absent a showing of "actual" prejudice to the defendant. In applying such a strict rule on severance, the …

Indexes To Volume 56

Nebraska Law Review

No abstract provided.

Federalism, The Tenth Amendment, And The Legal Profession: The Power Of A Federal Judge To Restrain A Convicted Attorney, As A Condition Of Probation, From Practicing In The State Courts, Marc I. Steinberg, John M. Koneck

Nebraska Law Review

This article examines the power of a federal judge, when sentencing an attorney who has been convicted of a federal felony to a term of probation, to order that the attorney refrain from engaging in the practice of law in the state courts. The article’s purpose is to analyze the resulting problems and controversy and to reach a conclusion that is consistent with both the tenth amendment and the concept of federalism.

I. Introduction

II. Social Policy Analysis

III. Constitutional Analysis … A. Displacement of State Authority … B. Tenth Amendment Analysis … C. Federalism Analysis … D. Federal Regulation …

Free Press V. Fair Trial In Nebraska: A Position Paper, Milton R. Larson

Nebraska Law Review

I. Introduction

II. Issue

III. Absolutism and the First Amendment

IV. Prior Restraints and the Judicial Process

V. Temporary Restraint v. Public Access

VI. The Standard to Be Applied

VII. Alternatives to a Prior Restraint

VIII. Conclusion

"The Awful Discretion": The Impeachment Experience In The States, Keith A. Scarborough

Nebraska Law Review

I. Introduction

II. Historical Background

III. The Federal Impeachment Experience

IV. The Ferguson Impeachment … A. Is Resignation or the End of a Term a Bar to Impeachments? … B. What Are Impeachable Offenses? … C. Do the Limitations on the Legislation and Time of Sessions Apply to Impeachments? … D. Does the Pardoning Power Apply to Impeachments?

V. The Sulzer and Butler Impeachments … A. Can an Official Be Impeached for Acts Committed during a Previous Term of Office? … B. Is an Impeached Officer Suspended from Office?

VI. Conclusion

Law Day Address, Edward H. Levi

Nebraska Law Review

On May 1, 1975, Law Day, the new building for the College of Law at the University of Nebraska was dedicated. The culmination of the activities marking this event was the address given by the Honorable Edward H. Levi at a dinner held that evening. This speech is reprinted here as it was delivered.

Problems In Professional Responsibility, Barbara Allen Babcock

Nebraska Law Review

This is a somewhat edited version of informal remarks on Watergate and professional ethics and responsibility delivered by Professor Babcock at the University of Nebraska College of Law in April 1975.

Juvenile Court Reform: The Juvenile Offender After L.B. 620, Thomas L. Hagel

Nebraska Law Review

The Nebraska Legislature recently examined the problem of broad prosecutorial discretion in handling juvenile offenders. The product of this extensive examination is L.B. 620. One of the bill's primary purposes is "to remove children who are within the provisions of this act from the criminal justice system whenever possible. " The bill's effect has been to limit dramatically the county attorney's discretion when choosing the forum in which to prosecute the juvenile offender.

I. Introduction

II. Former Nebraska Statutes

III. L.B. 620: Legislative History

IV. The Juvenile Offender after L.B. 620

V. Conclusion

Public And Professional Assessment Of The Nebraska Bar, Susan Jacobs, June Wagoner

Nebraska Law Review

Watching Watergate unfold, public confidence in the bar descended to an all-time low in 1974, according to public opinion polls. Coincidentally, the Nebraska State Bar Association launched a public relations campaign designed to advise the public of active efforts to hold attorneys to the standards of the Code of Professional Responsibility. In an attempt to assess the status of the profession in Nebraska, a survey was conducted to compare opinions of the bar as they were expressed by lawyers and laypersons. Questions contained in the survey reflected concerns central to five of the Canons of Professional Responsibility.

I. Introduction

II. …

A Holistic Jurisprudential View Of The Drug Victim, John R. Snowden

Nebraska Law Review

This article suggests that a reorganization of thoughts is in order as an approach to the recalcitrant dope experience and its victimization of core concepts of American law. It is the function of those concepts to support a reasoned defense of freedom in the face of fear.

I. Introduction

II. The Perspective

III. The Cases: The Infection … A. Proof of Illegal Possession … B. Probable Cause … C. Speedy Trial … D. Sentencing … E. Forfeiture of Vehicles … F. Prosecutorial Misconduct … G. Drugs and Legal Order

IV. How Did It Happen Here?

Appendix (an annotated bibliography of …

Indexes To Volume 53

Nebraska Law Review

No abstract provided.

New Horizons In Professional Responsibility, Richard B. Allen

Nebraska Law Review

In the last five years the organized bar in the United States—represented by the American Bar Association, which provided the leadership, and by the state bars, which have given staunch support to the ABA—has moved forward to two major and sweeping decisions for change and progress and appears well on the way to a third. The first to come to fruition was the Code of Professional Responsibility, the landmark reformulation of the ethical standards of the legal profession adopted by the ABA House of Delegates in 1969, and now in effect either as court-adopted rules or as rules adopted by …

In Forma Pauperis: Boddie V. Connecticut And The Nebraska Statute, Dennis J. Burnett

Nebraska Law Review

An indigent, even though he may have suffered the most grievous injuries and have the most obvious right to redress for his injuries, may not be able to enter the court system. Even when an indigent can find an attorney to handle the case, the filing fee and the service of process fee often stand as insurmountable barriers which effectively bar the indigent from the court room. This, however, is no longer the plight of the indigent in Nebraska due to the recent passage of a comprehensive in forma pauperis statute. The passage of this in forma pauperis statute was …

Indexes To Volume 51

Nebraska Law Review

No abstract provided.

A Statutory Right To Treatment For Prisoners: Society's Right Of Self-Defense, James A. Snowden

Nebraska Law Review

I. The Failure of Corrections to Correct

II. The Evolving Right to Treatment … A. The Mentally Ill … B. Sexual Psychopaths … C. Juveniles … D. Defective Delinquents

III. The Basis of the Right to Treatment

IV. Advantages of a Statutory Right

V. Enforcement of the Statutory Right to Treatment … A. State Administrative Procedure Acts … B. Alternative Means of Enforcement—Standing to Sue … C. Standing to Sue under Administrative Procedure Acts

VI. Conclusion

Nebraska Supreme Court Review, Richard Kopf, Kenneth L. Noha, Patrick T. O'Brien

Nebraska Law Review

Nebraska Law Review takes pride in presenting the third annual Supreme Court Review. This section is devoted to analyses of recent decisions which the Review staff believes are cases of first impression or landmark rulings which substantially alter a particular area of case law in Nebraska. We hope this critical discussion will provide attorneys with a comprehensive study of selected case holdings and an analysis of how these decisions relate to previous Nebraska decisions, and allow our staff to critically compare the resultant case law with that of other jurisdictions. The cases discussed here were decided in the September term …

The Case For Reimbursing Court Costs And A Reasonable Attorney Fee To The Non-Indigent Defendant Upon Acquittal, Russell E. Lovell Ii

Nebraska Law Review

I. Introduction

II. The Acquitted Criminal Defendant—His Present Plight … A. Criminal Costs in the Nebraska and Federal Courts … B. Malicious Prosecution: A Very Limited Remedy

III. Reimbursing the Innocent Defendant … A. The English Criminal Costs System … B. Policy Considerations Underlying the English System … C. Adaptation of the Proposal to the United States … D. A Further Modification to Ponder: The Scottish Verdict

IV. Conclusion

Nebraska Criminal Discovery, John R. Snowden

Nebraska Law Review

One of the controversial issues in today's dynamic criminal law and procedure is the proper role and status of discovery. The notion of criminal discovery has had an exciting if not always successful history, and apparently the trend of the law is toward liberalization. The Eightieth Session of the Nebraska Legislature attempted to deal with this area by passing two bills, LB 702 and LB 1417. This Comment examines the current role and status of criminal discovery in Nebraska as a result of the legislation.

Financial Inability To Obtain An Adequate Defense, Taylor Mattis

Nebraska Law Review

I. Introduction

II. The Broad Criteria … A. The Criminal Justice Act of 1964 … B. American Bar Association Project on Minimum Standards for Criminal Justice. Standards Relating to Providing Defense Services … C. Uniform Defense of Needy Persons Act (Model) 1966

III. Indigency … A. Strictly Construed … B. Liberally Construed … C. Indigency Rejected

IV. Are Guidelines Necessary?

V. Specific Factors to Be Considered … A. Crime Charged and Usual Fees in Locality … B. Income, Cash, and Dependents … C. Real and Personal Property … D. Resources of Accused’s Friends or Family … E. Bail … F. …