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Criminal Procedure

Washington Law Review

1968

Articles 1 - 8 of 8

Full-Text Articles in Law

The Right To Counsel In Misdemeanor Cases, John M. Junker Apr 1968

The Right To Counsel In Misdemeanor Cases, John M. Junker

Washington Law Review

These then are the focal tasks of the present inquiry: first, to examine the present status of the misdemeanant's right to counsel under the Constitution; second, to evaluate possible substitutes for the felony standard; and finally, to attempt to explain the longevity of the felony standard in the face of powerful doctrinal and social forces for change. The present status, of the misdemeanant's right to appointed counsel, both in law and in fact, is detailed in the Appendix.


The Right To Counsel In Misdemeanor Cases, John M. Junker Apr 1968

The Right To Counsel In Misdemeanor Cases, John M. Junker

Washington Law Review

These then are the focal tasks of the present inquiry: first, to examine the present status of the misdemeanant's right to counsel under the Constitution; second, to evaluate possible substitutes for the felony standard; and finally, to attempt to explain the longevity of the felony standard in the face of powerful doctrinal and social forces for change. The present status, of the misdemeanant's right to appointed counsel, both in law and in fact, is detailed in the Appendix.


The Juvenile At Waiver: Is Counsel Required?, Anon Mar 1968

The Juvenile At Waiver: Is Counsel Required?, Anon

Washington Law Review

The petitioner was before juvenile court on charges of committing a battery. Defendant and his mother were advised of their right to counsel, but not to appointed counsel at certification, a proceeding which determines whether the juvenile court should waive jurisdiction in favor of district court. Neither defendant nor his family was financially able to employ counsel. Counsel was appointed only after the defendant had been transferred to the district court for criminal prosecution. On motion to vacate judgment and sentence on the subsequent criminal conviction, Held: An indigent juvenile offender has no right to appointed counsel in a transfer …


Criminal Insanity, Arval A. Morris Mar 1968

Criminal Insanity, Arval A. Morris

Washington Law Review

Mental capacity becomes relevant to the criminal law as soon as a peace officer apprehends a person who has committed an anti-social act. Policemen, and later prosecutors, must decide whether the offender is "well" (sane), responsible for his acts, and the proper subject of criminal proceedings or whether he is "sick" (insane), not responsible for his acts, and the proper subject of civil commitment or similar process. These are threshhold questions in criminal law enforcement. If criminal processes are used, then the trial stage presents twin questions: whether an accused is capable of standing trial, and whether he was insane …


The Insanity Defense And A "Jury" Experiment, Arval A. Morris Mar 1968

The Insanity Defense And A "Jury" Experiment, Arval A. Morris

Washington Law Review

A book review essay covering The Insanity Defense, by Abraham S. Goldstein (1967) and The Jury and the Defense of Insanity, by Rita James Simon (1967).


The Juvenile At Waiver: Is Counsel Required?, Anon Mar 1968

The Juvenile At Waiver: Is Counsel Required?, Anon

Washington Law Review

The petitioner was before juvenile court on charges of committing a battery. Defendant and his mother were advised of their right to counsel, but not to appointed counsel at certification, a proceeding which determines whether the juvenile court should waive jurisdiction in favor of district court. Neither defendant nor his family was financially able to employ counsel. Counsel was appointed only after the defendant had been transferred to the district court for criminal prosecution. On motion to vacate judgment and sentence on the subsequent criminal conviction, Held: An indigent juvenile offender has no right to appointed counsel in a transfer …


Criminal Insanity, Arval A. Morris Mar 1968

Criminal Insanity, Arval A. Morris

Washington Law Review

Mental capacity becomes relevant to the criminal law as soon as a peace officer apprehends a person who has committed an anti-social act. Policemen, and later prosecutors, must decide whether the offender is "well" (sane), responsible for his acts, and the proper subject of criminal proceedings or whether he is "sick" (insane), not responsible for his acts, and the proper subject of civil commitment or similar process. These are threshhold questions in criminal law enforcement. If criminal processes are used, then the trial stage presents twin questions: whether an accused is capable of standing trial, and whether he was insane …


The Insanity Defense And A "Jury" Experiment, Arval A. Morris Mar 1968

The Insanity Defense And A "Jury" Experiment, Arval A. Morris

Washington Law Review

A book review essay covering The Insanity Defense, by Abraham S. Goldstein (1967) and The Jury and the Defense of Insanity, by Rita James Simon (1967).