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The Future Of Capital Punishment In Florida: Analysis And Recommendations, Charles W. Ehrhardt, Phillip A. Hubbart, Harold Levinson, William Mckinley Smiley, Thomas A. Wills

Scholarly Publications

The Supreme Court's decision abolishing the death penalty, at least as it existed in most jurisdictions, hardly represents the final resolution of the controversy over capital punishment. Given substantial public sentiment which apparently favors capital punishment in some form-voiced, for example, in the results of the recent referendum in California-various legislative bodies will face the question of whether capital punishment can and should be legislatively reinstated. In December 1972 the State of Florida became the first jurisdiction to pass judgment on this question. The legislature enacted a bill allowing imposition of the death penalty in certain circumstances. The two articles …

Judicial Legerdemain: 18 U.S.C. § 3501 Pulled From Miranda's Hat, Robert M. Levine

Fordham Law Review

No abstract provided.

Criminal Responsibility And The Drug Dependence Defense--A Need For Judicial Clarification, Irene A. Sullivan

Fordham Law Review

No abstract provided.

Criminal Law And Procedure--Bringing It Home, Fernand N. Dutile

Journal Articles

When I first began teaching six years ago at the Catholic University Law School, one of the two sections of Criminal Law and Procedure assigned to me was approximately 33 % larger than the other. I remember feeling a considerable difference in atmosphere in the two sections, due to the numbers involved. In the smaller section, discussion seemed more intimate, more coherent, more shared by all the students. I felt able to know students better and more quickly. It is stunning now to realize that the larger section in that 1966-67 school year numbered 32 students! When I left Catholic …

Perennial Problems Of Criminal Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

A Modest Proposal For A Partial Reform Of Our System Of Criminal Law And Its Enforcement, J. Patrick Browne

Cleveland State Law Review

No fair observer could deny that there are glaring flaws in our system of criminal justice. The mention of only a few will suffice to illustrate the point: The police are insensitive to civil rights, and brutal to the poor and to minorities; prosecutors victimize the defenseless who are unable to obtain adequate counsel to protect their rights. And all this is done in the name of law and order. Only the brutalized members of minorities-both racial, ethnic, and financial-are more aware of these injustices than are today's law students. These students rightly burn with a combination of indignation at …

Privacy Versus Parens Patriae The Role Of Police Records In The Sentencing And Surveillance Of Juveniles, John C. Coffee Jr.

Faculty Scholarship

The purpose of this article is to examine juvenile record systems maintained by police authorities. A primary thesis is that current procedures governing the creation and dissemination of such records are so severely misguided by underlying parens patriae concepts that they often result in the purposeless stigmatization of a far greater range of youths than the juvenile justice system has any justification in attempting to deal with. Indeed, increasing evidence suggests that the net effect of such record keeping is to ensure that many of the subject juveniles will mature into confirmed delinquents.

The University And The Bail System: In Loco Altricis, Harry W. Pettigrew

Cleveland State Law Review

The central argument of this article is that where a transient college student is arrested financial bail is seldom necessary to assure the defendant's presence in court. However, in such a case financial bail is almost always required by the court, since in the area of bail, as with other criminal law problems, the pragmatic exigencies of the traditional American criminal law system place a heavy burden on any transient to realize the same protections, privileges, and rights provided the indigenous population.' The principal objective of this article is to describe an alternative to the financial bail system for the …

Law And Order' On What Terms?, Francis A. Allen

Law Quadrangle (formerly Law Quad Notes)

Statement by Dean Francis A. Allen before the National Commission on the Causes and Prevention of Violence, October 30, 1968, in Washington, D. C.

To the founders of the American republic, "domestic tranquility" is not only one of the fruits of constitutional government, but is essential for the preservation of constitutional government. The founders recognized that violence is the enemy of liberty, but also that liberty may be overcome by the efforts of state officials to suppress private violence. Because the founders were concerned both with liberty and order, they devoted great attention to the regulation and control of governmental …

Appellate Review Of Legal But Excessive Sentences: A Comparative Study, Gerhard O.W. Mueller, Fre Le Poole

Vanderbilt Law Review

Classical penology was conceived in France in the eighteenth century, and then eclipsed all over the world in the nineteenth, when Lombroso conjured up the picture of the born criminal. It was finally laid to rest in the United States in the twentieth century. Its basic tenet had been simple enough: the legislature in its infinite wisdom would seek and find the appropriate punishment for every crime.This can be accomplished if a crime is defined narrowly enough, perhaps by the creation of subcategories of that crime, so as to encompass all potential perpetrators who will each incur the same amount …

Are The Scales Of Justice Evenly Balanced?, Yale Kamisar

Law Quadrangle (formerly Law Quad Notes)

Remarks by Professor Yale Kamisar at a panel discussion of the Criminal Law Section of the American Bar Association, Honolulu, August 9, 1967

The topic for today seems to be a perennial favorite at meetings such as this one. Over the years, the question has often been asked in one form or another, and over the years the answer of almost all law enforcement officials and, I think, most members of the bench and bar, is the same - the scales are heavily, horribly, tilted in favor of the defendant. Only the names of the cases seem to change.

Criminal Justice And The Rule-Making Power, J. Edward Lumbard

West Virginia Law Review

No abstract provided.

Municipal Courts--Another Urban Ill, Lewis R. Katz

Case Western Reserve Law Review

No abstract provided.

Criminal Law--State Not Constitutionally Obligated To Provide Counsel For Indigent Misdemeanant [City Of Toledo V. Franzier, 10 Ohio App. 2d 51, 226 N.E.2d 777 (1967)], William S. Paddock

Case Western Reserve Law Review

No abstract provided.

The Presumption Of Innocence In The Soviet Union, George P. Fletcher

Faculty Scholarship

The presumption of innocence is a curious item in the baggage of Western legal rhetoric. Revered today here and abroad, it has become a standard clause in international testimonials to the rights of man. Yet, at first blush, it seems conceptually anomalous and irrelevant in practice. It is hardly a presumption of fact – a distillation of common experience; statistics betray the suggestion that men indicted on criminal charges are likely to be innocent. Nor is it a legal rule masquerading as an irrebuttable presumption; it is rebuttable by proof beyond a reasonable doubt of the defendant's guilt. Further, it …

Two Kinds Of Legal Rules: A Comparative Study Of Burden-Of-Persuasion Practices In Criminal Cases, George P. Fletcher

Faculty Scholarship

Good men everywhere praise the presumption of innocence. And be they Frenchmen, Germans, or Americans, they agree on the demand of the presumption in practice. Both here and abroad, the state's invocation of criminal sanctions demands a high degree of proof that the accused has committed the offense charged. To express the requisite standard of proof, common lawyers speak of the prosecutor's duty to prove his case beyond a reasonable doubt. And Continental lawyers invoke the maxim in dubio pro reo – a precept requiring triers of fact to acquit in cases of doubt.

The French speak of the presomption …

Abstracts Of Recent Cases, Robert Bruce King

West Virginia Law Review

No abstract provided.

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 …

Wiretapping And Bugging: Striking A Balance Between Privacy And Law Enforcement, Kent Greenawalt

Faculty Scholarship

The conflict between individual privacy and the needs of law enforcement occurs at a number of points in our system of criminal justice. It is not unique to wiretapping and electronic eavesdropping, but the competing claims in that area do have their own special character. They are qualitatively different from those in regard to, say, confessions. The kinds of crimes and criminals affected are different, as are the relevant assertions about individual freedom.

Law enforcement officials, almost to a man, consider wiretapping and eavesdropping valuable weapons in the fight against crime. They are most helpful in regard to consensual crimes …

Compensation For Victims Of Violent Crimes: An Analysis, Robert E. Scott

Faculty Scholarship

Spurred by the implementation of plans in Great Britain, New Zealand, and California; and by various other federal and state proposals, the concept of state compensation to victims of violent crimes has recently become the subject of wide public interest and intensive legal debate. In essence, the concept envisages some scheme by which the victims of crimes of violence can be compensated for any losses resulting from their criminally inflicted injuries.

Before any proposals based on this conception are adopted they should be shown to have a valid theoretical framework, supported by sound legal principles, with an effective and efficient …

Miranda--Some History, Some Observations, And Some Questions, Karl P. Warden

Vanderbilt Law Review

At this writing Miranda v. Arizona' is less than four months old. Although its place in the annals of leading constitutional decisions is assured, its meaning for, and influence upon, the criminal law process in the United States is not at all certain. It will require years of data accumulation and analysis to determine how profound an effect it will have and to evaluate that effect in terms of social impact. It is too soon to know whether the Miranda case has started a new revolution in the administration of criminal justice or has merely ended an old one. Is …

Federal Habeas Corpus And The State Court Criminal Defendant, Frank W. Wilson

Vanderbilt Law Review

Federal habeas corpus for state prisoners is one of the most controversial and emotion-ridden subjects in the entire field of criminal law. Considering the period over which this controversy has continued, it is surely one of the oldest unresolved disputes between the state and federal courts. The removal of an action from a state to a federal court may sometimes cause ruffled feelings, but few judges remain long offended at being relieved of trying a lawsuit. On the other hand, when a federal judge reverses a state judge who has been affirmed by the state appellate courts, forcing him to …

Superior Orders As A Defense To Violations Of International Criminal Law, Alan M. Wilner

Maryland Law Review

No abstract provided.

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

Faculty Scholarship

No abstract provided.

Comments

South Carolina Law Review

No abstract provided.

Recent Decisions, J. K. Few

South Carolina Law Review

No abstract provided.

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 …

Conceptions Of Culpability In Contemporary American Criminal Law, Mihajlo M. Aćimović

Louisiana Law Review

No abstract provided.

Criminal Law--Confessions Before Arraignment, Dennis Raymond Lewis

West Virginia Law Review

No abstract provided.

Gideon's Army: Student Soldiers, Henry Paul Monaghan

Faculty Scholarship

Ours is a nation that takes great pride in the manner in which it administers justice to its citizens. To us, "equal justice under law" is not simply hollow rhetoric; it gives expression to some of our most fundamental values, and it proclaims that every man should be treated fairly and equally in the administration of the laws. It is, of course, of no small moment that we hold such an ideal, for a nation invites judgment on how well its performance comports with its professions of faith.

In the administration of our laws there is much to which we …