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Articles 301 - 309 of 309
Full-Text Articles in Law
"Criminal Records"--A Comparative Approach, Sigmund A. Cohn
"Criminal Records"--A Comparative Approach, Sigmund A. Cohn
Scholarly Works
There is in the United States a need to balance the interest of the public in the apprehension and conviction of criminals with that of individuals arrested but not convicted of any wrongdoing. As has been shown, some of the leading civil law countries have approached this goal in two ways: first, by not requiring an arrest in a great number of criminal cases and thus not furthering in the mind of the public the idea that arrest and criminal wrongdoing are identical, and second, by confining entries in criminal records, at least on principle, to final convictions of criminal …
A New Role For An Ancient Writ: Postconviction Habeas Corpus Relief In Georgia (Part I), Donald E. Wilkes Jr.
A New Role For An Ancient Writ: Postconviction Habeas Corpus Relief In Georgia (Part I), Donald E. Wilkes Jr.
Scholarly Works
Because it has been esteemed in this state for centuries, the writ of habeas corpus has played a significant role in the history of Georgia civil liberties. Indeed, one Georgia court early state that "[w]hen the writ is applied for, no inquiry is made as to the complexion of the petitioner, or the place of his permanent allegiance. All of every condition, of every country and of every complexion are equally entitled to it, the native of South Africa, not less than the Peer of the Realms." In the first part of his Article, Professor Wilkes examines the origins of …
The New Federalism In Criminal Procedure: State Court Evasion Of The Burger Court, Donald E. Wilkes Jr.
The New Federalism In Criminal Procedure: State Court Evasion Of The Burger Court, Donald E. Wilkes Jr.
Scholarly Works
It is hardly news that the Supreme Court has changed since the innovative Sixties. In cases involving obscenity, juvenile justice, loyalty oaths, loss of nationality, preinduction review of selective service board orders, and federal injunctive and declaratory relief against state criminal prosecutions, the Burger Court has shown that its judicial philosophy is substantially different from that of the Warren Court. Nowhere is this change more evident than in the field of criminal procedure. Since June 23, 1969, when Warren E. Burger became the fifteenth Chief Justice, it has grown increasingly obvious that the Burger Court intends to reverse the trend …
Book Review: Correctional Institutions (1972), Donald E. Wilkes Jr.
Book Review: Correctional Institutions (1972), Donald E. Wilkes Jr.
Scholarly Works
Book review of CORRECTIONAL INSTITUTIONS, edited by Robert M. Carter, Daniel Glaser, and Leslie T. Wilkins (Philadelphia: J.B. Lippincott Co., 1972)
Warrantless Searches And Seizures, Mack Allen Player
Warrantless Searches And Seizures, Mack Allen Player
Scholarly Works
The fourth amendment to the Constitution has two basic clauses. The first, the reasonableness clause, protects the people against unreasonable searches and seizures. The second, the warrant clause, sets forth conditions under which a warrant may issue. Searches and seizures made pursuant to a warrant are, quite obviously, governed by the commands of the warrant clause. However, the effect of the warrant clause upon searches and seizures made without warrants is not clear from the amendment itself, and the Supreme Court has failed to develop a consistent interpretation of the proper role of that clause.
False Or Suppressed Evidence: Why A Need For The Prosecutorial Tie?, Ronald L. Carlson
False Or Suppressed Evidence: Why A Need For The Prosecutorial Tie?, Ronald L. Carlson
Scholarly Works
Many United States Supreme Court decisions have overturned criminal convictions for the reason that the government employed false evidence to obtain the conviction or failed to disclose relevant evidence important to the defense. In reversing federal or state judgments, the Court often has located direct proof of wrongdoing by the prosecutor. The notorious “bloody shorts” case is an example in point. There, the state introduced as evidence a pair of men’s “blood-stained” undershorts to achieve conviction of the accused. When the blood turned out to be red paint, the Supreme Court granted habeas corpus relief to the defendant because “[ilt …
False Or Suppressed Evidence: Why A Need For The Prosecutorial Tie, Ronald L. Carlson
False Or Suppressed Evidence: Why A Need For The Prosecutorial Tie, Ronald L. Carlson
Scholarly Works
Many United States Supreme Court decisions have overturned criminal convictions for the reason that the government employed false evidence to obtain the conviction or failed to disclose relevant evidence important to the defense. In reversing federal or state judgments, the Court often has located direct proof of wrongdoing by the prosecutor. The notorious "bloody shorts" case is an example in point.' There, the state introduced as evidence a pair of men's "blood-stained" undershorts to achieve conviction of the accused. When the blood turned out to be red paint, the Supreme Court granted habeas corpus relief to the defendant because "[it …
The Supreme Court, The Individual And The Criminal Process, E. Hunter Taylor Jr.
The Supreme Court, The Individual And The Criminal Process, E. Hunter Taylor Jr.
Scholarly Works
The sweeping social changes presently occurring in this country are having important effects on the law. The impact of this philosophical revolution upon th elaw is manifesting itself most directly and vividly in the Supreme Court of the United States where the entire concept of "individual liberty and freedom" is undergoing far-reaching change. One of the most important changes is occurring in the development of constitutional rules of criminal procedure, particularly those applicable to the states through the fourteenth amendment. Most of the particular longstanding announced aims of the Court, e.g., protection against the conviction of the innocent and prevention …
Appointed Counsel In Criminal Prosecutions: A Study Of Indigent Defense, Ronald L. Carlson
Appointed Counsel In Criminal Prosecutions: A Study Of Indigent Defense, Ronald L. Carlson
Scholarly Works
Attorney Carlson surveyed Iowa for the American Bar Association's study of the defense of indigent accused persons, and in this Article the results of that study are disclosed. The author sets forth recent constitutional developments involving appointments of counsel in criminal cases, then reviews criminal procedure and practice as it relates to the indigent. Survey techniques utilized in the study are revealed, and the responses obtained from jurists, prosecutors, and defense attorneys throughout the jurisdiction are detailed. Finally, he advances recommendations to assist in meeting the challenge of justice for the poor.