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Full-Text Articles in Law
Suspicious Person Ordinances - Due Process Standards; Columbus V. Thompson, Joel R. Campbell
Suspicious Person Ordinances - Due Process Standards; Columbus V. Thompson, Joel R. Campbell
Akron Law Review
In the absence of circumstances involving First Amendment rights, we are left without guidelines as to the conduct which may be made criminal by local suspicious person ordinances. Because of this lack of adequate standards, a case by case determination of criminal conduct under the various ordinances is necessary. In Thompson the defendant's conduct was questionable and the court found the ordinance unconstitutionally vague. We can only hope that this decision has a sufficient impact upon law enforcement officials and local courts to minimize the injury resulting from vagueness.
Suspicious Person Ordinances - Due Process Standards; Columbus V. Thompson, Joel R. Campbell
Suspicious Person Ordinances - Due Process Standards; Columbus V. Thompson, Joel R. Campbell
Akron Law Review
In the absence of circumstances involving First Amendment rights, we are left without guidelines as to the conduct which may be made criminal by local suspicious person ordinances. Because of this lack of adequate standards, a case by case determination of criminal conduct under the various ordinances is necessary. In Thompson the defendant's conduct was questionable and the court found the ordinance unconstitutionally vague. We can only hope that this decision has a sufficient impact upon law enforcement officials and local courts to minimize the injury resulting from vagueness.
Criminal Law - Search And Seizure - Scope Of The Term - "Frisk"; State V. Henry, Anthony J. Occhipinti Jr.
Criminal Law - Search And Seizure - Scope Of The Term - "Frisk"; State V. Henry, Anthony J. Occhipinti Jr.
Akron Law Review
State v. Henry is a case involving prosecution for the unlawful possession of narcotic drugs. Henry was convicted on evidence obtained as a result of a "frisk." It should be made clear at the outset that a "frisk" is not a "full" search as is permitted in situations where there is probable cause for arrest. The "frisk" is limited to a protective search or pat-down of the outer clothing for the purpose of detecting weapons. Even though probable cause is not a condition precedent to a "frisk," the "frisk" is, nevertheless, governed by the Reasonableness Clause of the Fourth Amendment. …
Criminal Law - Search And Seizure - Scope Of The Term - "Frisk"; State V. Henry, Anthony J. Occhipinti Jr.
Criminal Law - Search And Seizure - Scope Of The Term - "Frisk"; State V. Henry, Anthony J. Occhipinti Jr.
Akron Law Review
State v. Henry' is a case involving prosecution for the unlawful possession of narcotic drugs. Henry was convicted on evidence obtained as a result of a "frisk." It should be made clear at the outset that a "frisk" is not a "full" search as is permitted in situations where there is probable cause for arrest. The "frisk" is limited to a protective search or pat-down of the outer clothing for the purpose of detecting weapons. Even though probable cause is not a condition precedent to a "frisk," the "frisk" is, nevertheless, governed by the Reasonableness Clause of the Fourth Amendment. …
Book Review: Psychiatric Justice, Alice M. Batchelder
Book Review: Psychiatric Justice, Alice M. Batchelder
Akron Law Review
In an era in which extensive judicial emphasis has been placed on "due process of law" in criminal proceedings, both in the federal courts and in the state courts, Dr. Szasz's book serves as a jarring reminder that in at least one vital area of the concept of due process, much remains to be done. The emerging definition of due process has enunciated the rights guaranteed the individual by the Fourth, Fifth, Sixth, and Fourteenth Amendments; and viewed within that framework, this book, although published in 1965, remains particularly timely, for Szasz, speaking as a psychiatrist, endeavors to demonstrate how …
Infanticide - Requirement That The Victim Be Born Alive; State V. Dickinson, Richard R. Wilfong
Infanticide - Requirement That The Victim Be Born Alive; State V. Dickinson, Richard R. Wilfong
Akron Law Review
This case is unique, because it is the first time a court has imposed a conviction of homicide for the death of a viable unborn fetus caused by an unlawful but unintentional act. The evidence is persuasive beyond a reasonable doubt that the defendant was operating a motor vehicle while under the influence of alcohol, without due regard for the safety and rights of others, and in such a manner as to endanger the life or property of other persons in lawful use of the streets and highways. The soundness of the court's finding depends upon a determination of the …
Duty Of Trial Judge When Defendant Objects To Competency Of His Counsel; State V. Deal, Nicholas T. George
Duty Of Trial Judge When Defendant Objects To Competency Of His Counsel; State V. Deal, Nicholas T. George
Akron Law Review
Obviously, from the quoted statement, Justice Schneider felt that the Supreme Court had no way of knowing whether or not the objection was valid. The record failed to reveal why there was no alibi defense filed or why there were no defense witnesses called. The record being silent, one could hypothesize that appointed counsel talked to defendant's witnesses and felt that their testimony would be of no avail. Moreover, it is possible that after appointed counsel investigated the alibi defense he found it useless. It is here, to this third issue, that the force of the Supreme Court's decision must …
Application Of Ohio Post-Conviction Procedure - Effect Of Prior Judgment On.; Coley V. Alvis, Thomas A. Geraci Jr.
Application Of Ohio Post-Conviction Procedure - Effect Of Prior Judgment On.; Coley V. Alvis, Thomas A. Geraci Jr.
Akron Law Review
In the per curiam decision of Coley v. Alvis' the United States Court of Appeals for the Sixth Circuit reversed an Ohio District Court decision dismissing Coley's petition for habeas corpus for failure to exhaust his state remedies. The circuit Court remanded, stating that it would be futile for petitioner to attempt to void his conviction under the Ohio post-conviction statute because of the narrow limits placed on it by the state courts and that there was consequently no longer any effective state remedy. Since the grounds that petitioner set forth to sustain his writ did not fall within any …
Constitutional Rights Of Youthful Offenders; In The Matter Of Gault, Robert M. Kunczt
Constitutional Rights Of Youthful Offenders; In The Matter Of Gault, Robert M. Kunczt
Akron Law Review
After the decisions in Gideon v. Wainwright, 372 U. S. 335 (1963), Miranda v. Arizona, 384 U. S. 436 (1966), and Escobedo v. Illinois, 378 U. S. 478 (1964), which revealed the Supreme Court's solicitude of the constitutional rights of adults, it seemed improbable that the lower courts would long be permitted to continue ignoring the constitutional rights of juveniles. Thus the decision in the principal case, which represents a breakthrough in the assurance of a fair hearing to minors, comes as no surprise. The case holds that under the Fourteenth Amendment a juvenile has a right to notice of …
Confessions, Miranda's Applicability; Clewis V. Texas, Howard E. Mentzer
Confessions, Miranda's Applicability; Clewis V. Texas, Howard E. Mentzer
Akron Law Review
Recent United States Supreme Court decisions concerning the admissibility of statements or confessions into evidence have sharply curtailed haphazard interrogation procedures. As courts have become more punctilious about "due process" and other constitutional guarantees, a greater degree of care and fairness has been demanded in soliciting information and advising uninformed individuals of their rights.
The Admissibility Of Polygraph ("Lie Detector") Evidence Pursuant To Stipulation In Criminal Proceedings, Bruce C. Heslop
The Admissibility Of Polygraph ("Lie Detector") Evidence Pursuant To Stipulation In Criminal Proceedings, Bruce C. Heslop
Akron Law Review
American courts have traditionally held that evidence pertaining to the results of a lie-detector test is inadmissible in a criminal proceeding on behalf of either the prosecution or defense….In recent years, however, a few jurisdictions have withdrawn from the traditional approach and have admitted lie-detector evidence in limited situations, notwithstanding objection by the adverse party….The decision of whether or not to adopt the approach presented here must critically evaluate the potential value of polygraph evidence along with its potential dangers. In so doing, the courts of Ohio should determine whether a procedure may be devised to maximize the value and …
Evidence - Admissibility Of Statements To Parole Officer - Miranda Warnings; State V. Gallagher, Thomas A. Treadon
Evidence - Admissibility Of Statements To Parole Officer - Miranda Warnings; State V. Gallagher, Thomas A. Treadon
Akron Law Review
The opinion handed down in this recent decision from the Montgomery County Court of Appeals examined a question of first impression in the courts of Ohio. The issue presented was "whether a parole or probation officer is a law enforcement officer within the contemplation of Miranda and thus subject to the Miranda requirements of constitutional warnings to suspects during custodial interrogation...."
Searches And Seizures - Arrest - Motor Vehicle Exception To Warrant Requirement - Limits? People V. Dumas, Gordon D. Arnold
Searches And Seizures - Arrest - Motor Vehicle Exception To Warrant Requirement - Limits? People V. Dumas, Gordon D. Arnold
Akron Law Review
On May 11, 1970, officers of the Los Angeles Police Department approached the apartment of Clay Dumas. Based on a report from a reliable informant, whose information had been corroborated by independent police investigation, the police had obtained a warrant to search Dumas' apartment and "all trash cans, storage areas, garages and carports which are assigned to and/or used by occupants of the aforesaid apartment." The objects of the search were certain stolen bonds and bank checks which, according to the police informant, Dumas had been in possession of for about eight weeks; also narcotics and narcotics gear. The police …
The Reach Of The Law: Sin, Crime And Poor Taste, Alexander B. Smith, Harriet Pollack
The Reach Of The Law: Sin, Crime And Poor Taste, Alexander B. Smith, Harriet Pollack
Akron Law Review
The past decade has been a period of intensive reevaluation of the law. The criminal law, in particular, has been subjected to an especially intensive criticism. These attacks fall largely into two categories: criticisms of the legitimacy of our penal codes, and criticisms of their efficiency.
Starting with the Civil Rights Movement of the Kennedy era with its heavy emphasis on civil disobedience as a tool of protest, the legitimacy of many of our laws was called into question. When Rosa Parks sat in the front of the bus in Montgomery, Alabama, she was not simply breaking the law; she …
Entrapment - An End? State V. Rowan, Kenneth D. Morse
Entrapment - An End? State V. Rowan, Kenneth D. Morse
Akron Law Review
Rowan creates a trap for the individual who is confronted by the undercover narcotics agent and who had no intention of committing the crime. That the crime is more likely to occur under Rowan cannot be doubted. It is of utmost significance that the narcotics agent may sell and deliver drugs. Courts cannot ignore a change of social mores which have occurred. 25 More and more people are willing to accept the existence of conduct which was previously branded as criminal behavior. It is precisely these people that the Rowan decision sets out to trap.
Escape From Prision; Defenses; Duress; Homosexual Attacks; People V. Harmon, Richard S. Berger
Escape From Prision; Defenses; Duress; Homosexual Attacks; People V. Harmon, Richard S. Berger
Akron Law Review
IN RECENT YEARS, the courts have begun to recognize the critical problem of homosexual attacks occurring in our prisons. However, prior to the decision in People v. Harmon, one who escaped from prison for fear of such homosexual attacks could not avail himself of the defense of duress or coercion, in order to have the question submitted to the jury.
Admissibility Of Voiceprints Not Limited To "Corroborative Purposes" Unted States V. Franks, R. Brent Chapman
Admissibility Of Voiceprints Not Limited To "Corroborative Purposes" Unted States V. Franks, R. Brent Chapman
Akron Law Review
ON FEBRUARY 12, 1975, the United States Court of Appeals for the Sixth Circuit decided United States v. Franks,' affirming a district court ruling, which permitted the use of voiceprints for purposes of identification and marking the first occasion in which a circuit court had held such evidence admissible.
Death Penalty; Cruel And Unusual Punishment; Individualized Sentencing Determination; Lockett V. Ohio; Bell V. Ohio, James C. Ellerhorst
Death Penalty; Cruel And Unusual Punishment; Individualized Sentencing Determination; Lockett V. Ohio; Bell V. Ohio, James C. Ellerhorst
Akron Law Review
“In Bell v. Ohio and Lockett v. Ohio the United States Supreme Court found the sentencing provisions of the Ohio capital punishment statute to be incompatible with the eighth and fourteenth amendments which prohibit cruel and unusual punishment. These two opinions represent the most recent attempt by the Supreme Court to explain what elements must be included in a constitutionally valid capital punishment statute.”
New Strategies For The Defense Of Capital Cases, Dennis N. Balske
New Strategies For The Defense Of Capital Cases, Dennis N. Balske
Akron Law Review
Practically all capital defendants are poor people. Accordingly, the lawyer representing a capital defendant is usually court-appointed and has probably never tried a death case. In smaller communities, he or she may have represented a few criminal defendants, but does not specialize in criminal law. In larger metropolitan areas, overworked public defenders often times must shoulder the responsibilities of capital cases. Sobered by the possible sentence faced in the event of conviction, the defense lawyer seeks out new ideas, publications in the field, and practical advice or actual assistance from lawyers with expertise in trying capital cases. This article attempts …
Ohio Supreme Court Symposium
Akron Law Review
During the 1981-1982 term the Ohio Supreme Court rendered 250 written opinions on a wide range of topics from wiretapping to the liability of landlords for injuries. In several cases, individuals gained significant legal rights in dealing with business and others. In addition, there were some significant changes in the law governing municipal sovereignty and immunity. This symposium will not attempt to cover all decisions of the Ohio Supreme Court, but rather to highlight some of the major decisions which affect Ohioans.
Entrapment In Ohio, Margaret Barker
Entrapment In Ohio, Margaret Barker
Akron Law Review
Police commonly pose as drug buyers, conspirators in bribery schemes, prostitutes, burglars, and receivers of stolen property in order to apprehend criminals. Does police involvement in these crimes constitute entrapment? Not necessarily. Entrapment, as distinguished from mere deception, occurs when the police, in order to prosecute a crime, induce a person to commit a crime which he would not ordinarily commit. A defendant who has been entrapped is entitled to an acquittal. This seems simple enough, but police, defendants, prosecutors, defense attorneys and judges have discovered that fine lines separate permissible and impermissible police activity. It is not easy, therefore, …
The Writ-Writers: Jailhouse Lawyers Right Of Meaningful Access To The Courts, John F. Myers
The Writ-Writers: Jailhouse Lawyers Right Of Meaningful Access To The Courts, John F. Myers
Akron Law Review
This comment will focus on the evolution of jailhouse lawyers, the rights they possess and the problems they face in a system that continually seeks to limit their activities
The Impact Of New Justices: The U.S. Supreme Court And Criminal Justice Policy, Christopher E. Smith
The Impact Of New Justices: The U.S. Supreme Court And Criminal Justice Policy, Christopher E. Smith
Akron Law Review
The Supreme Court is an important policy-making institution. In criminal justice, for example, the high court issues decisions affecting institutions, actors, and processes throughout the justice system, from police investigations through corrections and parole. The Court's policy decisions affecting criminal justice are produced by the votes of the nine justices who select, hear, decide, and issue opinions in cases. It is widely recognized, and probably axiomatic, that the Supreme Court's decision-making patterns are determined by the Court's membership at any given moment in history. When five or more justices support a specific outcome in a case, they can form a …
The Wisdom And Morality Of Present-Day Criminal Sentencing, Joshua Dressler
The Wisdom And Morality Of Present-Day Criminal Sentencing, Joshua Dressler
Akron Law Review
This lecture was delivered at the University of Akron School of Law on April 1, 2004...Today I want to talk about criminal sentencing and its connection, or I fear lack of connection, to basic principles of punishment that are supposed to make our system rational and morally just. Let’s keep in mind that, everyday, in courts all over the country, judges are sentencing persons to prison. They are doing that in our name. Punishment— sentencing people to prison—involves intentionally inflicting pain on persons by denying them liberty, which we all value, and separating them from their community. Certainly, we need …
Chief Justice William Rehnquist: His Law-And-Order Legacy And Impact On Criminal Justice, Madhavi M. Mccall, Michael A. Mccall
Chief Justice William Rehnquist: His Law-And-Order Legacy And Impact On Criminal Justice, Madhavi M. Mccall, Michael A. Mccall
Akron Law Review
In this article, we explore Chief Justice Rehnquist’s criminal justice decisions through an empirical analysis of the Court’s decision-making tendencies for the most recent natural court and a review of selected criminal justice decisions written by Justice Rehnquist throughout his career. To start, we limit the analysis, with only two exceptions, to decisions actually written by Justice Rehnquist. Although Chief Justice Rehnquist, in that position, had an important role in leading other justices to agree with him by assigning cases, we gleaned a substantial amount of information regarding his decisional patterns and policy preferences by analyzing the opinions he personally …
After Rape Law: Will The Turn To Consent Normalize The Prosecution Of Sexual Assault?, Donald Dripps
After Rape Law: Will The Turn To Consent Normalize The Prosecution Of Sexual Assault?, Donald Dripps
Akron Law Review
This essay explores the new rape exceptionalism. My thesis holds that rape exceptionalism is rooted in a divide between elite opinion, reflected in statutes, court decisions, and academic commentary, and popular opinion, as reflected in jury verdicts. Elite opinion values sexual autonomy and suspects, when it does not despise, sexual aggression. Popular opinion supposes that sexual autonomy may be forfeited by female promiscuity or flirtation, and views male sexual aggression as natural, if not indeed admirable...pressions of consent,8 is an academic exercise. If we really want to normalize rape law, we must bypass the jury openly. We can’t conceal the …
Black Boxes: Fmri Detection And The Role Of The Jury, Julie Seaman
Black Boxes: Fmri Detection And The Role Of The Jury, Julie Seaman
Akron Law Review
Before I offer some thoughts on that question, let me mention three real-life cases in which cutting-edge neuroscientific evidence either did – or conceivably might in a not-so-distant future – influence the outcome of a criminal prosecution. In the first case, reported last week in the New York Times, EEG brain-fingerprinting-type evidence was admitted against a woman on trial in India for murdering her husband. She was convicted. In the second case, in England recently, neuroscientists performed an fMRI lie-detection scan on a woman who had previously been convicted of poisoning a child in her care. She claimed that she …