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Criminal procedure

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Constitutional Law--Comment On Defendant's Failure To Testify--Harmless Error [People V. Hadgins, 236 Cal. App. 2d 578, 46 Cal. Rpt 199 (1965), Vacated And Remanded Per Curiam, 386 U.S. 265, Affd On Remand, 60 Cal. Rptr. 176 (1967)], Stephen M. O'Bryan Jan 1968

Constitutional Law--Comment On Defendant's Failure To Testify--Harmless Error [People V. Hadgins, 236 Cal. App. 2d 578, 46 Cal. Rpt 199 (1965), Vacated And Remanded Per Curiam, 386 U.S. 265, Affd On Remand, 60 Cal. Rptr. 176 (1967)], Stephen M. O'Bryan

Case Western Reserve Law Review

No abstract provided.


Comment: The New Criminal Deposition Statute In Ohio--Help Or Hindrance To Justice ?, Marian F. Ratnoff Jan 1968

Comment: The New Criminal Deposition Statute In Ohio--Help Or Hindrance To Justice ?, Marian F. Ratnoff

Case Western Reserve Law Review

No abstract provided.


The Presumption Of Innocence In The Soviet Union, George P. Fletcher Jan 1968

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 …


Post-Conviction Relief For Federal Prisoners: A Survey And A Suggestion Under 28 U.S.C. 2255, Gerald F. Uelmen Apr 1967

Post-Conviction Relief For Federal Prisoners: A Survey And A Suggestion Under 28 U.S.C. 2255, Gerald F. Uelmen

West Virginia Law Review

In answer to the complaints of numerous federal judges that they were being engulfed by a flood of habeas corpus petitions, Congress in 1948 enacted a complete revision of the habeas corpus provisions of the Judicial Code. Part of this revision was title 28, section 2255, of the United States Code which "restates, clarifies and simplifies the procedure in the nature of the ancient writ of error coram nobis." Adopted upon the recommendation of the Judicial Conference of the United States, its declared purpose was to provide "an expeditious remedy for correcting erroneous sentences without resort to habeas corpus." The …


The Disclosure To Defense Of Presentence Reports In West Virginia, Willard D. Lorensen Feb 1967

The Disclosure To Defense Of Presentence Reports In West Virginia, Willard D. Lorensen

West Virginia Law Review

No abstract provided.


Some Aspects Of The Right To Counsel, Lee Hargrave Apr 1966

Some Aspects Of The Right To Counsel, Lee Hargrave

Louisiana Law Review

No abstract provided.


Reimbursement Of Expenses Of Appointed Counsel, Walter G. Strong Jr. Apr 1966

Reimbursement Of Expenses Of Appointed Counsel, Walter G. Strong Jr.

Louisiana Law Review

No abstract provided.


Post-Conviction Remedies And Waiver Of Constitutional Rights, H. D. Salassi Jr. Apr 1966

Post-Conviction Remedies And Waiver Of Constitutional Rights, H. D. Salassi Jr.

Louisiana Law Review

No abstract provided.


Jury Trial Of Crimes, Lewis F. Powell, Jr. Mar 1966

Jury Trial Of Crimes, Lewis F. Powell, Jr.

Washington and Lee Law Review

No abstract provided.


The Use Of Federal Habeas Corpus By State Prisoners, J. Deweese Carter Mar 1966

The Use Of Federal Habeas Corpus By State Prisoners, J. Deweese Carter

Washington and Lee Law Review

No abstract provided.


A Comparative Analysis Of The Ohio Postconviction Determination Of Constitutional Rights Act, Owen L. Heggs Jan 1966

A Comparative Analysis Of The Ohio Postconviction Determination Of Constitutional Rights Act, Owen L. Heggs

Case Western Reserve Law Review

No abstract provided.


Recent Decisions, J. K. Few Jan 1966

Recent Decisions, J. K. Few

South Carolina Law Review

No abstract provided.


The Supreme Court And Criminal Procedure, Edward S. Northrop Jan 1966

The Supreme Court And Criminal Procedure, Edward S. Northrop

Maryland Law Review

No abstract provided.


Criminal Law And Procedure, Henry Paul Monaghan Jan 1966

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 …


Discovery In Criminal Cases - A Survey Of The Proposed Rule Changes, Joseph Fontana Jan 1965

Discovery In Criminal Cases - A Survey Of The Proposed Rule Changes, Joseph Fontana

Maryland Law Review

No abstract provided.


Gideon's Army: Student Soldiers, Henry Paul Monaghan Jan 1965

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 …


Criminal Law And Procedure -- 1963 Tennessee Survey, Robert E. Kendrick Jun 1964

Criminal Law And Procedure -- 1963 Tennessee Survey, Robert E. Kendrick

Vanderbilt Law Review

1. Homicide. A number of years ago the Tennessee Supreme Court adopted the common law principle that one is justified in taking life in defense of his habitation when actually or apparently necessary to repel an attempt by another to enter forcibly or violently under circumstances creating a reasonable apprehension that the assailant's design is imminently to commit a felony therein or to assault or offer personal violence or inflict personal injury on an inmate so that there are reasonable grounds for concluding that life is endangered or great bodily harm is threatened thereby.'

Flippen v. State, a homicide case, …


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.


The Right To Counsel Prior To Trial In State Criminal Proceedings, Michael J. Osman May 1963

The Right To Counsel Prior To Trial In State Criminal Proceedings, Michael J. Osman

University of Miami Law Review

No abstract provided.


The Scientific And Humane Study Of Criminal Law, Jerome Hall Jan 1962

The Scientific And Humane Study Of Criminal Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


The Jencks Case Mar 1958

The Jencks Case

Washington and Lee Law Review

No abstract provided.


Book Review. Radzinowicz, L., A History Of English Criminal Law And Its Administration From 1750, Vols. 2 & 3, Jerome Hall Jan 1958

Book Review. Radzinowicz, L., A History Of English Criminal Law And Its Administration From 1750, Vols. 2 & 3, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


Book Review. Fellman, D., The Defendant's Rights, Jerome Hall Jan 1958

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

Articles by Maurer Faculty

No abstract provided.


Aspects Of French Criminal Procedure, Doris Jonas Freed Jun 1957

Aspects Of French Criminal Procedure, Doris Jonas Freed

Louisiana Law Review

No abstract provided.


The 'Right' To Observe Trials-Its Source And Vindication Apr 1956

The 'Right' To Observe Trials-Its Source And Vindication

Indiana Law Journal

No abstract provided.


Effective Criminal Administration Under The Accusatorial System Oct 1949

Effective Criminal Administration Under The Accusatorial System

Indiana Law Journal

Recent Cases: Constitutional Law


Book Review. Radzinowicz, L., A History Of English Criminal Law, Jerome Hall Jan 1949

Book Review. Radzinowicz, L., A History Of English Criminal Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


The Proposed Federal Rules Of Criminal Procedure, James J. Robinson Jan 1943

The Proposed Federal Rules Of Criminal Procedure, James J. Robinson

Articles by Maurer Faculty

No abstract provided.


New Federal Criminal Rules: Objectives Of Federal Criminal Procedural Revision, Jerome Hall Jan 1942

New Federal Criminal Rules: Objectives Of Federal Criminal Procedural Revision, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


The Plans For The New Rules Of Criminal Procedure, James J. Robinson Jan 1941

The Plans For The New Rules Of Criminal Procedure, James J. Robinson

Articles by Maurer Faculty

No abstract provided.