Law Commons^™

Constitutional Law - Right To Counsel, Joseph Pass Jr.

Duquesne Law Review

The right to counsel attaches at an accusatorial proceeding even though not requested. The rule announced in Escobedo v. Illinois will not be applied retrospectively to cases finally adjudicated before Escobedo v. Illinois was decided.

Commonwealth v. Negri, 419 Pa. 117, 213 A.2d 670 (1965).

Constitutional Law - Self-Incrimination, John F. Yetter

Duquesne Law Review

That section of the Subversive Activities Control Act requiring individual members of the Communist Party to register with the Justice Department violates registrants' fifth amendment privilege against self-incrimination.

Albertson v. Subversive Activities Control Board, 86 Sup. Ct. 194 (1965).

The Establishment Syndrome And Religious Liberty, John E. Dunsford

Duquesne Law Review

Seventeen years have passed since the Supreme Court chose the establishment clause of the First Amendment as the preferred reed through which to breathe modern relevance into an 18th century formulation of church-state relationships. Prior to 1947 the Court "had seldom undertaken to supply content to that part of the first amendment concerned with separation."' With the Everson decision, a period opened in which the commodious dimensions of the establishment concept invited the legal soul to trace out that grand design which presumably must distinguish and exalt the American understanding of the place of religion in society. Almost to a …

Fare Ye Well: Right To Be Let Alone, Louis J. Grippo

Duquesne Law Review

A recent case in the United States Court of Appeals for the District of Columbia has raised a very important question concerning one of our well established rights-that is, the right to be let alone. Judge Skelly Wright, acting singly, has decided that a young adult member of the Jehovah's Witnesses should be given a blood transfusion over her objection-her refusal being based upon her religious beliefs.

Constitutional Law, Irwin B. Wedner

Duquesne Law Review

Supreme Court's Equity Decree Opens Integrated Public Schools for the First Time in Prince Edward County, Virginia.

Griffin v. County School Bd. of Prince Edward County, 84 Sup. Ct. 1226 (1964).

Constitutional Law - Right To Counsel, Frank A. Mysliwiec

Duquesne Law Review

Where an investigation has begun to focus upon a particular suspect, whose request for counsel has been denied and who has not received a warning as to his right to remain silent, he has been deprived of his rights under the sixth amendment.

Escobedo v. State of Illinois, 84 Sup. Ct. 1758 (1964).

Constitutional Law - Right To Counsel, Robert S. Barker

Duquesne Law Review

Use of defendant's incriminating statements, surreptitiously procured by government agents after indictment and in the absence of defendant's counsel, violates defendant's constitutional rights under the fifth and sixth amendments.

Massiah v. United States, 377 U.S. 201, 84. Sup. Ct. 1199 (1964).

Constitutional Law - Electronic Eavesdropping

Duquesne Law Review

Recorded bribe attempt admissible at bribery trial at which agent, to whom the attempted bribe was made, testified - Rights under fourth amendment not violated where electronic device was not planted by an unlawful physical invasion of a constitutionally protected area.

Lopez v. United States, 83 Sup. Ct. 1381 (1963).