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Criminal Procedure

1979

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Articles 1 - 30 of 64

Full-Text Articles in Law

Specific Enforcement To Ensure Due Process In Plea Bargaining, Kevin D. Norwood Dec 1979

Specific Enforcement To Ensure Due Process In Plea Bargaining, Kevin D. Norwood

William & Mary Law Review

No abstract provided.


Race And Sentencing Equality In Kentucky, Robert L. Hurley Dec 1979

Race And Sentencing Equality In Kentucky, Robert L. Hurley

Masters Theses & Specialist Projects

Disparity in sentencing felons based on racial considerations has long has been considered a problem for civil libertarians and scholars alike. Examining data gathered in Kentucky, this thesis addresses this issue through the application of recently developed methodological techniques. Utilizing an index of sentencing equality, this study shows that while differences do exist in black and white offender offense characteristics, these differences do not account for the variations in sentences rendered in cases of white as opposed to black felons. This exploratory research reviews and critiques previous research and provides evidence which should prove useful in resolving the problem of …


Land Without Plea Bargaining: How The Germans Do It, John H. Langbein Dec 1979

Land Without Plea Bargaining: How The Germans Do It, John H. Langbein

Michigan Law Review

The present Article demonstrates the error of this universalist theory of plea bargaining by showing how and why one major legal system, the West German, has so successfully avoided any form or analogue of plea bargaining in its procedures for cases of serious crime. The German criminal justice system functions without plea bargaining not by good fortune, but as a result of deliberate policies and careful institutional design whose essential elements are outlined in Part I. Part II addresses the American claims that a clandestine plea bargaining system lurks behind veils of German pretense.


Constitutional Law-Criminal Law-Pretrial Detainees May Be Subjected To Conditions Of Confinement Reasonably Related To Legitimate Government Objectives-Bell V. Wolfish, 99 S. Ct. 1861 (1979). Nov 1979

Constitutional Law-Criminal Law-Pretrial Detainees May Be Subjected To Conditions Of Confinement Reasonably Related To Legitimate Government Objectives-Bell V. Wolfish, 99 S. Ct. 1861 (1979).

BYU Law Review

No abstract provided.


Criminal Appellate Procedure-Conflict Of Laws- State Right To Appeal In A Criminal Case Removed To Federal Court-Arizona V. Manypenny, 608 F.2d 1197 (9th Cir. 1979). Nov 1979

Criminal Appellate Procedure-Conflict Of Laws- State Right To Appeal In A Criminal Case Removed To Federal Court-Arizona V. Manypenny, 608 F.2d 1197 (9th Cir. 1979).

BYU Law Review

No abstract provided.


United States V. Havens, Lewis F. Powell Jr. Oct 1979

United States V. Havens, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States V. Crews, Lewis F. Powell Jr. Oct 1979

United States V. Crews, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Payton V. New York, Lewis F. Powell Jr. Oct 1979

Payton V. New York, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Rawlings V. Kentucky, Lewis F. Powell Jr. Oct 1979

Rawlings V. Kentucky, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Adams V. Texas, Lewis F. Powell Jr. Oct 1979

Adams V. Texas, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Roberts V. United States, Lewis F. Powell Jr. Oct 1979

Roberts V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Plea Bargaining: Is Contract Law Or Constitutional Law The Governing Principle, Herman Lewis Sloan Oct 1979

Plea Bargaining: Is Contract Law Or Constitutional Law The Governing Principle, Herman Lewis Sloan

North Carolina Central Law Review

No abstract provided.


Plea Bargaining: A Necessary Evil, Nancy Mcdonough Oct 1979

Plea Bargaining: A Necessary Evil, Nancy Mcdonough

University of Arkansas at Little Rock Law Review

No abstract provided.


Disposition Of A Federal Criminal Case When Defendant Dies Pending Appeal, Lori R. Dickerman Oct 1979

Disposition Of A Federal Criminal Case When Defendant Dies Pending Appeal, Lori R. Dickerman

University of Michigan Journal of Law Reform

This article discusses the way in which courts historically have disposed of such cases and the apparent change recently introduced by the United States Supreme Court. After an examination of the ramifications of the new and old rules, certain changes in current practice are recommended which will better serve the interests of the deceased, his survivors, and society as a whole.


The Defendant's Right To Independent Analysis Of The Breathalyzer Ampoule: The Probable Virginia Response, Anita L. Zuckerman Oct 1979

The Defendant's Right To Independent Analysis Of The Breathalyzer Ampoule: The Probable Virginia Response, Anita L. Zuckerman

William & Mary Law Review

No abstract provided.


Gannett Co. V. Depasquale, 99 S. Ct. 2898 (1979), Margot Pequignot Oct 1979

Gannett Co. V. Depasquale, 99 S. Ct. 2898 (1979), Margot Pequignot

Florida State University Law Review

Criminal Procedure-FAIR TRIAL-CONSTITUTION DOES NOT GRANT AN AFFIRMATIVE RIGHT OF ACCESS TO A PRETRIAL PROCEEDING WHEN ALL PARTICIPANTS AGREE IT SHOULD BE CLOSED TO PROTECT DEFENDANT'S FAIR TRIAL RIGHTS


The United States Sentencing Commission: A Constitutional Delegation Of Congressional Power, William C. Potter Ii Oct 1979

The United States Sentencing Commission: A Constitutional Delegation Of Congressional Power, William C. Potter Ii

Indiana Law Journal

No abstract provided.


Fourth Amendment Standing And Expectations Of Privacy: Rakas V. Illinois And New Directions For Some Old Concepts, Richard A. Williamson Oct 1979

Fourth Amendment Standing And Expectations Of Privacy: Rakas V. Illinois And New Directions For Some Old Concepts, Richard A. Williamson

Faculty Publications

No abstract provided.


Constitutionalizing Forfeiture Law—The German Example, James Maxeiner Oct 1979

Constitutionalizing Forfeiture Law—The German Example, James Maxeiner

All Faculty Scholarship

This article demonstrates how German criminal law has made forfeiture of objects used in crime consistent with constitutional guarantees.


Compensating Victims Of Crime: Evolving Concept Or Dying Theory, Kathleen V. Duffield Sep 1979

Compensating Victims Of Crime: Evolving Concept Or Dying Theory, Kathleen V. Duffield

West Virginia Law Review

No abstract provided.


Joint Trials Of Defendants In Criminal Cases: An Analysis Of Efficiencies And Prejudices, Robert O. Dawson Jun 1979

Joint Trials Of Defendants In Criminal Cases: An Analysis Of Efficiencies And Prejudices, Robert O. Dawson

Michigan Law Review

Legislatures and courts, in weighing the relative advantages of joint and separate trials, have unreasonably struck a balance in favor of joint trials. The strongest justification traditionally offered for joint trials is efficiency. This Article shows that courts have greatly exaggerated the supposed efficiencies of joint trials while grossly underestimating the impediments joint trials pose to fair and accurate determinations of individual guilt or innocence. The propriety of joint trials is more than a question of efficiencies. Joint trials usually, although not always, help the prosecutor to get convictions, and thereby modify the balance of advantage in criminal trials. Disputes …


Note, The Fourth Circuit Threatens Impeachment With Prior Acts Of Misconduct In North Carolina, Donald T. Bogan May 1979

Note, The Fourth Circuit Threatens Impeachment With Prior Acts Of Misconduct In North Carolina, Donald T. Bogan

Donald T. Bogan

No abstract provided.


The Preliminary Hearing: A Necessary Part Of Due Process, Andrea Lyon May 1979

The Preliminary Hearing: A Necessary Part Of Due Process, Andrea Lyon

Law Faculty Publications

No abstract provided.


Preliminary Hearings In Virginia, G. William Hammer May 1979

Preliminary Hearings In Virginia, G. William Hammer

William & Mary Law Review

No abstract provided.


Scientific Statistical And Methodology And The Doctrine Of "Reasonable Doubt" In Criminal Law; (With Specific Reference To The Breath Analysis For Blood Alcohol) Empirical Fact Or Legal Ficton?, A. Burton Bass, H. Davidson Gesser, K. Stephan Mount May 1979

Scientific Statistical And Methodology And The Doctrine Of "Reasonable Doubt" In Criminal Law; (With Specific Reference To The Breath Analysis For Blood Alcohol) Empirical Fact Or Legal Ficton?, A. Burton Bass, H. Davidson Gesser, K. Stephan Mount

Dalhousie Law Journal

Lawyers pride themselves on being men of reason. After all, they postulate, it is the "reasonable man" who is enshrined at the apex of the Anglo-American legal system in the adjudication of civil disputes; it is the legally trained mind that proves so finely honed a tool in the area of problem solving in private practice; the rational decisional process is the hallmark of the judicial mind. Where the life or liberty of an individual is in contention this expert "sense" of reason is brought one step further - the criminal law, with few exceptions, will not countenance a mere …


The Rules Of Evidence In Preliminary Hearings In Virginia, Charles E. Friend May 1979

The Rules Of Evidence In Preliminary Hearings In Virginia, Charles E. Friend

William & Mary Law Review

No abstract provided.


The Future Of Confrontation, Peter K. Westen May 1979

The Future Of Confrontation, Peter K. Westen

Michigan Law Review

The Supreme Court seems to be setting the stage for a long-awaited examination of the confrontation clause. It has been ten years since the Court endeavored in Dutton v. Evans to reconcile the evidentiary rules of hearsay with the constitutional commands of confrontation. Dutton came at the tail end of a string of confrontation cases that the Court had resolved without apparent difficulty. Not surprisingly, the Court approached Dutton in the evident belief that it could resolve the constitutional problems of hearsay once and for all. Instead, after oral argument in 1969 and a rehearing in 1970, the Court found …


Clark V. State, 363 So. 2d 333 (Fla. 1978), Shawn Ettingoff Apr 1979

Clark V. State, 363 So. 2d 333 (Fla. 1978), Shawn Ettingoff

Florida State University Law Review

Criminal Law-RIGHT TO REMAIN SILENT-OBJECTION AND MOTION FOR MISTRIAL NOW REQUIRED TO PRESERVE IMPROPER COMMENT ON THE DEFENDANT'S SILENCE FOR APPELLATE REVIEW


State V. Sobel, 363 So.2d 324 (Fla. 1978), Michael T. Webster Apr 1979

State V. Sobel, 363 So.2d 324 (Fla. 1978), Michael T. Webster

Florida State University Law Review

Constitutional Law-DUE PROCESS NOT VIOLATED BY STATE'S DESTRUCTION AND NONDISCLOSURE OF TAPE RECORDING IN CRIMINAL LAW


Arizona V. Washington, 434 U.S. 497 (1978) Apr 1979

Arizona V. Washington, 434 U.S. 497 (1978)

Florida State University Law Review

Criminal Law-MISTRIAL DECLARATION-OVER DEFENDANT'S OBJECTION, PROSECUTION MUST DEMONSTRATE HIGH DEGREE OF MANIFEST NECESSITY OR REPROSECUTION WILL BE BARRED