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Articles 181 - 188 of 188
Full-Text Articles in Law
Model Defense Of Needy Persons Act, Reed Dickerson
Model Defense Of Needy Persons Act, Reed Dickerson
Articles by Maurer Faculty
Recent decisions of the Supreme Court have expanded the duty of the states to provide counsel for defendants in criminal cases. The following statute seeks to set up a workable system of assuring the accused the assistance of counsel early in the proceedings against him and, if necessary, at no cost.
Right To Counsel In Criminal Cases, Edward T. Haggins
Right To Counsel In Criminal Cases, Edward T. Haggins
Cleveland State Law Review
"The right to be heard would be, in many cases, of little avail if it did not comprehend the right to be heard by counsel. Even the intelligent and educated layman has small and sometimes no skill in the science of law... He requires the guiding hand of counsel at every step of the proceedings against him." These words, written in 1932 by Mr. Justice Sutherland for the majority in the famous case of Powell v. Alabama underline the fundamental right of a defendant in American criminal proceeding to have the assistance of counsel.
Constitutional Right To Jury Trial In Criminal Contempt Cases?-United States V. Barnett, Michigan Law Review
Constitutional Right To Jury Trial In Criminal Contempt Cases?-United States V. Barnett, Michigan Law Review
Michigan Law Review
Federal courts historically have had the power to try criminal contempt cases without a jury. There is a virtually uninterrupted 150-year line of cases which holds that contempt is not a "Crime" or "criminal prosecution" within the meaning of article III and the sixth amendment to the Constitution. Superficially, the decision in United States v. Barnett is in accord with these precedents. However, in an important "dictum," footnote number 12, the majority cautioned that "punishment by summary trial without a jury would be constitutionally limited to that penalty provided for petty offenses." Although the Court itself styles this comment a …
Kamisar, Inbau & Arnold: Criminal Justice In Our Time, Theodore Souris
Kamisar, Inbau & Arnold: Criminal Justice In Our Time, Theodore Souris
Michigan Law Review
A Review of Criminal Justice in Our Time by Yale Kamisar, Fred E. Inbau, and Thurman Arnold
Betts V. Brady Twenty Years Later: The Right To Counself And Due Process Values, Yale Kamisar
Betts V. Brady Twenty Years Later: The Right To Counself And Due Process Values, Yale Kamisar
Michigan Law Review
I am quite distressed by talk that the landmark case of Mapp v. Ohio "suggests by analogy" that the Court may now overrule Betts v. Brady. For whether one talks about the fourth or the sixth amendment, there is much to be said for Justice Harlan's dissenting views in Mapp. "[W]hatever configurations ... have been developed in the particularizing federal precedents" should not be "deemed a part of 'ordered liberty,' and as such ... enforceable against the States .... [W]e would not be true to the Fourteenth Amendment were we merely to stretch the general principle [ of …
The Duty Of Military Defense Counsel To An Accused, Alfred Avins
The Duty Of Military Defense Counsel To An Accused, Alfred Avins
Michigan Law Review
This article is designed to study the manner in which those Canons of Professional Ethics have been assimilated into the administration of military justice and made the standards for the duty of a military defense counsel.
Criminal Procedure - Venue - Federal Offenses Committed Outside The Jurisdiction Of Any State Or District, Richard R. Dailey
Criminal Procedure - Venue - Federal Offenses Committed Outside The Jurisdiction Of Any State Or District, Richard R. Dailey
Michigan Law Review
The defendant, an army staff sergeant, was under custody at Fort Meade, Maryland, awaiting disposition of charges of sodomy lodged against him under the Articles of War. After a delay of four months, the charges were dropped and he was shipped by the Army to Fort Jay, New York, where he was separated from the service. Immediately upon his release, he was arrested by the Federal Bureau of Investigation under a commissioner's warrant charging him with treason committed in Japan during a prior enlistment in the army. At the trial in the District Court for the Southern District of New …
Constitutional Law - Right To Effective Assistance Of Counsel In Federal Courts And Waiver Thereof, Richard M. Adams S.Ed.
Constitutional Law - Right To Effective Assistance Of Counsel In Federal Courts And Waiver Thereof, Richard M. Adams S.Ed.
Michigan Law Review
Indicted for illegal traffic in narcotics, petitioner and his trial counsel allegedly attempted to fabricate an alibi on the false testimony of petitioner's girl friend. The evidence indicated that on several occasions before trial, the girl was invited to the office of petitioner's attorney, given narcotics, and told to memorize certain false testimony to be used in petitioner's defense. Later the girl bad a change of mind and agreed to testify for the government Despite the strenuous objections of defendant's counsel, a description of this alleged fraud on the court was given in the prosecution's opening statement, and the witness …