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Criminal Law

University of Georgia School of Law

1976

Articles 1 - 3 of 3

Full-Text Articles in Law

"A Most Deplorable Paradox": Admitting Illegally Obtained Evidence In Georgia--Past, Present, And Future, Donald E. Wilkes Jr. Sep 1976

"A Most Deplorable Paradox": Admitting Illegally Obtained Evidence In Georgia--Past, Present, And Future, Donald E. Wilkes Jr.

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This Article explores the admissibility of illegally obtained evidence in Georgia criminal cases prior to 1961 and during the post-Mapp era and endeavors to assess the future admissibility of illegally seized evidence in Georgia under both federal and state law.


Claiming Illegal Electronic Surveillance: An Examination Of 18 U.S.C. 3504(A)(1), Margaret V. Sachs Jul 1976

Claiming Illegal Electronic Surveillance: An Examination Of 18 U.S.C. 3504(A)(1), Margaret V. Sachs

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This Comment will first discuss the making of claims under section 3504(a)(1), and will show that the statute should not be read to require that claims be accompanied by evidentiary support. It will then suggest that the statute should be read to encompass claims of attorney-third party conversations. Finally, the scope of the government's response to section 3504(a)(I) claims will be examined.


The New Federalism In Criminal Procedure Revisited, Donald E. Wilkes Jr. Jan 1976

The New Federalism In Criminal Procedure Revisited, Donald E. Wilkes Jr.

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As a result of the Burger Court's seemingly inexorable relaxation of federal protection for criminal defendants, a number of state courts have continued to expand basic rights on state law grounds, thereby utilizing the adequate state ground doctrine to avoid further review by the Burger Court. Part II of this article will examine the evasion cases decided since March 1975. The prospects for continued evasion will be accessed in Part III.