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Pretrial Procedure Under The Massachusetts Rules Of Criminal Procedure, Eric D. Blumenson, Eva Nilsen

Faculty Scholarship

The Massachusetts Rules of Criminal Procedure became effective on July 1, 1979. While many of their provisions helpfully codify previously existing practice and case law, the Rules have in some areas effected a major transformation of criminal procedure. This article examines the changes wrought by the Rules in the pretrial arena, with emphasis on those areas that remain somewhat unfamiliar to the practitioner or untested against constitutional challenge in the courts. While the Rules appear to have done an admirable job of simplifying and rationalizing the criminal trial process, their emphasis on mutuality and reciprocity have in some cases created …

The Texas Court Of Criminal Appeals: A Modest Critique Of Appellate Decisionmaking, J. Thomas Sullivan

Law Faculty Scholarship

No abstract provided.

Structural Changes In The Organization And Operation Of China's Criminal Justice System, Hungdah Chiu

Maryland Series in Contemporary Asian Studies

No abstract provided.

Recent Developments: Criminal Procedure Maryland Rule 782 (C) May Not Be Used By Prosecution As A Plea Bargain Substitute - State V. Limbo, An Imaginary Opinion By The Court Of Appeals Of Maryland, Harold D. Norton

University of Baltimore Law Forum

No abstract provided.

Prosecutorial Discovery: An Overview, Harry G. Deitzler, Susan Klimas, Walt Auvil

West Virginia Law Review

No abstract provided.

Criminal Trials In Absentia: A Proposed Reform For Indiana, Myra L. Willis

Indiana Law Journal

No abstract provided.

Rakas V. Illinois: The Fourth Amendment And Standing Revisited, Rebecca F. Doherty

Louisiana Law Review

No abstract provided.

Sentencing: The Dilemma Of Discretion, Jerold Israel

Law Quadrangle (formerly Law Quad Notes)

Excerpts taken from Professor Israel's revision of Hazel B. Kerper's Introduction to the Criminal Justice System (West Publishing Co. 1979). This book is a widely used beginning text for undergraduates . It concentrates on presenting a broad overview of the basic features of the criminal justice process. This is Professor Israel's first experience writing for undergraduates, and he reports that it is "far more difficult, in many ways" than traditional law review writing. Since sentencing reform is a major topic of concern today, we thought this excerpt might prove of interest to those of our readers who may have only …

China's New Criminal & Criminal Procedure Codes, Hungdah Chiu

Maryland Series in Contemporary Asian Studies

No abstract provided.

Criminal Procedure—Entrapment—State V. Ford, 276 N.W.2d 178 (Minn. 1979)

William Mitchell Law Review

No abstract provided.

Constitutional Law - Eighth Amendment - Cruel And Unusual Punishment - Length Of Prison Sentences, Albert A. Torrence

Duquesne Law Review

The Supreme Court of the United States has held that a mandatory life sentence imposed under a state recidivist statute on a defendant convicted of three nonviolent felonies totaling $229 does not constitute cruel and unusual punishment

Rummel v. Estelle, 100 S. Ct. 1133 (1980).

Graymail: The Disclose Or Dismiss Dilemma In Criminal Prosecutions, Karen H. Greve

Case Western Reserve Law Review

No abstract provided.

Criminal Procedure In Alaska, Jeff M. Feldman

Articles

Two years ago this review published an article which reviewed search and seizure law in Alaska. Because the local barand bench seem to have found that article to be useful, it appeared worthwhile to put together a similar review of the remainder of Alaska's law of criminal procedure. Like its predecessor, this article will review and analyze the law of criminal procedure in Alaska, isolating those areas in which the Alaska Legislature or the Alaska Supreme Court has departed from the prevailing approach to procedure in criminal cases and predicting probable outcomes to procedural issues still unresolved in Alaska.

Defendant's Right To A Confidential Informant's Identity, Michael D. Bewers

Louisiana Law Review

No abstract provided.

Criminal Law—Accepting The Guilty Plea—State V. Goulette, 258 N.W.2d 758 (Minn. 1977)

William Mitchell Law Review

No abstract provided.

The Defense Of Necessity In Texas: Legislative Invention Come Of Age, J. Thomas Sullivan

Law Faculty Scholarship

No abstract provided.

Recent Cases, Daniel P. Smith, R. Michael Moore

Vanderbilt Law Review

Courts Split on the Necessity of Separate Authorization for a Covert Entry Under Title III of the Omnibus Crime Control and Safe Streets Act of 1968

Daniel Paul Smith

Title III of the Omnibus Crime Control and Safe Streets Act of 1968,' which regulates the use of electronic surveillance, was designed to protect "the privacy of wire and oral communications,"and to delineate "on a uniform basis the circumstances and conditions under which the interception of wire and oral communications may be authorized."' In general, communications may be intercepted only by law enforcement officers, who are engaged in the investigation of …

Improving Police Discretion: Rationality In Handling Public Inebriates Part Ii, David Aaronson, C. Dienes, Michael Musheno

Scholarly Articles in Law Reviews & Journals

In 1913 Eugene Ehrlich spoke of the living law when he stated that "[a]t the present as well as at any other time, the center of gravity of legal development lies not in legislation, nor in juristic science, nor in judicial decision, but in society itself.' This article is premised on the belief that Ehrlich's perception is as valid today as it was then. If you want to know the law relating to public intoxication you cannot be content with the statutes and ordinances, in the court decisions nor even the administrative rules and regulations of those charged with enforcing …

Improving Police Discretion Rationality In Handling Public Inebriates Part Ii, David Aaronson

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Prosecutorial Discretion, Plea Bargaining And The Supreme Court's Opinion In Bordenkircher V. Hayes, William T. Pizzi

Publications

No abstract provided.

The Validity Of Criminal Presumptions In Louisiana, Timothy Jonathan Bradley

Louisiana Law Review

No abstract provided.

The Use Of A Witness's Privilege For The Benefit Of A Defendant, Roy Achille Mongrue Jr.

Louisiana Law Review

No abstract provided.

Ensuring Effective Assistance Of Counsel For The Criminal Co-Defendant, Kathleen K. Stewart

Louisiana Law Review

No abstract provided.

Criminal Procedure As Defined By The Tennessee Supreme Court, Julian L. Bibb, Walter S. Weems

Vanderbilt Law Review

The Tennessee Supreme Court, elected simultaneously for the first time since the early 1900's, assumed office in September 1974 amid speculation concerning future judicial policy. The court, com-posed of Chief Justice William H. D. Fones and Justices Ray L.Brock, Jr., Robert E. Cooper, William J. Harbison, and Joe W.Henry, immediately indicated the importance of a uniform judicial policy governing criminal procedure by creating a special commission to revise the state rules of criminal procedure. Additionally,during its present term the court has decided numerous cases directed toward the formation of well-defined rules under which criminal allegations can be adjudged. This Special …

Survey Of Criminal Procedure — Alternative Dispositions Of Defendants, Charles Shafer

All Faculty Scholarship

The criminal justice system provides various alternatives for the disposition of criminal defendants. Three of these alternatives, pretrial intervention, drug treatment, and probation, were dealt with in recent New Jersey Supreme Court decisions. The court examined the substantive criteria and procedures used in assigning each disposition and focused primarily on the desire to provide rehabilitative opportunities for each defendant. This note will examine those decisions and the implications of the court's concentration on the goal of rehabilitation.

Pretrial Determinations Of Probable Cause To Detain Defendants Charged With The Commission Of Misdemeanors, Steven J. Alpers

Santa Clara Law Review

No abstract provided.

Competency To Stand Trial In Federal Courts: Conceptual And Constitutional Problems, William T. Pizzi

Publications

No abstract provided.

Expanding Criminal Procedural Rights Under State Constitutions

Washington and Lee Law Review

No abstract provided.

Ruminations Re Reform Of American Criminal Justice (Especially Our Guilty Plea System): Reflections Derived From A Study Of The French System, George W. Pugh

Louisiana Law Review

No abstract provided.

The Right To Nondiscriminatory Prosecution: The Effect Of Announced Screening Policies

Louisiana Law Review

No abstract provided.