Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Criminal Procedure

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 10741 - 10770 of 12093

Full-Text Articles in Law

Acquittal Of The Guilty, Alec Samuels May 1976

Acquittal Of The Guilty, Alec Samuels

Dalhousie Law Journal

Every acquittal is an injustice. Either a guilty man has escaped conviction, or an innocent man has been subjected to false accusation, with all the accompanying worry, anxiety, publicity, humiliation, perhaps detention, probably expense. Some of the difficulties undoubtedly spring from the adversary system, a system evolved in the eighteenth and nineteenth centuries to meet the then contemporary problems. It is a system with certain inherent inefficiencies and ineffectivenesses, a system designed to ascertain whether the prosecution has proved an allegation against D the defendant beyond all reasonable doubt and not designed to ascertain the truth of the incident in …

Go to article

Acquittal Of The Guilty, Alec Samuels May 1976

Acquittal Of The Guilty, Alec Samuels

Dalhousie Law Journal

Every acquittal is an injustice. Either a guilty man has escaped conviction, or an innocent man has been subjected to false accusation, with all the accompanying worry, anxiety, publicity, humiliation, perhaps detention, probably expense. Some of the difficulties undoubtedly spring from the adversary system, a system evolved in the eighteenth and nineteenth centuries to meet the then contemporary problems. It is a system with certain inherent inefficiencies and ineffectivenesses, a system designed to ascertain whether the prosecution has proved an allegation against D the defendant beyond all reasonable doubt and not designed to ascertain the truth of the incident in …

Go to article

Acquittal Of The Guilty, Alec Samuels May 1976

Acquittal Of The Guilty, Alec Samuels

Dalhousie Law Journal

Every acquittal is an injustice. Either a guilty man has escaped conviction, or an innocent man has been subjected to false accusation, with all the accompanying worry, anxiety, publicity, humiliation, perhaps detention, probably expense. Some of the difficulties undoubtedly spring from the adversary system, a system evolved in the eighteenth and nineteenth centuries to meet the then contemporary problems. It is a system with certain inherent inefficiencies and ineffectivenesses, a system designed to ascertain whether the prosecution has proved an allegation against D the defendant beyond all reasonable doubt and not designed to ascertain the truth of the incident in …

Go to article

Acquittal Of The Guilty, Alec Samuels May 1976

Acquittal Of The Guilty, Alec Samuels

Dalhousie Law Journal

Every acquittal is an injustice. Either a guilty man has escaped conviction, or an innocent man has been subjected to false accusation, with all the accompanying worry, anxiety, publicity, humiliation, perhaps detention, probably expense. Some of the difficulties undoubtedly spring from the adversary system, a system evolved in the eighteenth and nineteenth centuries to meet the then contemporary problems. It is a system with certain inherent inefficiencies and ineffectivenesses, a system designed to ascertain whether the prosecution has proved an allegation against D the defendant beyond all reasonable doubt and not designed to ascertain the truth of the incident in …

Go to article

Acquittal Of The Guilty, Alec Samuels May 1976

Acquittal Of The Guilty, Alec Samuels

Dalhousie Law Journal

Every acquittal is an injustice. Either a guilty man has escaped conviction, or an innocent man has been subjected to false accusation, with all the accompanying worry, anxiety, publicity, humiliation, perhaps detention, probably expense. Some of the difficulties undoubtedly spring from the adversary system, a system evolved in the eighteenth and nineteenth centuries to meet the then contemporary problems. It is a system with certain inherent inefficiencies and ineffectivenesses, a system designed to ascertain whether the prosecution has proved an allegation against D the defendant beyond all reasonable doubt and not designed to ascertain the truth of the incident in …

Go to article

Judicial Review Of Parole Release Decisionmaking, Thomas B. Grier Apr 1976

Judicial Review Of Parole Release Decisionmaking, Thomas B. Grier

IUSTITIA

An inmate at a federal penal institution "is entitled only to be released after full service of his sentence less good time earned during incarceration." He or she is not entitled to parole, for parole is not a right but a privilege, a matter of "legislative grace". The United States Board of Parole has "absolute discretion" in deciding whether and when to grant parole. The judiciary will not interfere with the Board, as "courts are without power to grant a parole or to determine judicially eligibility for parole." And since the Board is statutorily authorized to exercise broad discretion, and …

Go to article

Criminal Procedure—Filing By Information: Determination Of Probable Cause Required Before Extended Restraint On Liberty—Gerstein V. Pugh, 420 U.S. 103 (1975), Cynthia B. Whitaker Mar 1976

Criminal Procedure—Filing By Information: Determination Of Probable Cause Required Before Extended Restraint On Liberty—Gerstein V. Pugh, 420 U.S. 103 (1975), Cynthia B. Whitaker

Washington Law Review

Robert Pugh was arrested in Florida without a warrant and charged by prosecutor's information. Pugh and other incarcerated arrestees charged by information without a preliminary hearing brought a class action suit in federal district court challenging the constitutionality of the charging procedure. Plaintiffs maintained that the due process clause of the fourteenth amendment required that accused persons be accorded a determination of probable cause for detention soon after their arrest. They also argued that the prosecuting attorney was not sufficiently neutral or detached to make the necessary determination. The district court accepted the plaintiffs' arguments, and the Court of Appeals …

Go to article

Section 12 Of The Canada Evidence Act And The Deliberations Of Simulated Juries, Valerie P. Hans, Anthony N. Doob Mar 1976

Section 12 Of The Canada Evidence Act And The Deliberations Of Simulated Juries, Valerie P. Hans, Anthony N. Doob

Cornell Law Faculty Publications

In the past, there have been three major approaches to the experimental investigation of the jury. First, juror selection research involves the study of the relation between verdicts or leniency toward certain classes of defendants and the characteristics of potential jurors. The second class of research is group study, in which the amount and style of individual participation is observed within the context of simulated jury deliberations (e.g., Strodtbeck, James and Hawkins, 1957). Finally, experimental psychology has made another contribution to the study of the jury; numerous researchers have conducted experimental studies employing legal stimulus materials. Typically, in such a …

Go to article

Vii. Criminal Procedure Mar 1976

Vii. Criminal Procedure

Washington and Lee Law Review

No abstract provided.

Go to article

Searches During Routine Traffic Stops After Robinson And Gustafson: A Re-Examination Of The Illinois Distinction Between "Ordinary Traffic Violators" And "Criminals", Ronald P. Alwin Jan 1976

Searches During Routine Traffic Stops After Robinson And Gustafson: A Re-Examination Of The Illinois Distinction Between "Ordinary Traffic Violators" And "Criminals", Ronald P. Alwin

Loyola University Chicago Law Journal

No abstract provided.

Go to article

The Determination Of Probable Cause In Illinois - Grand Jury Or Preliminary Hearing, John C. Robinson Jr. Jan 1976

The Determination Of Probable Cause In Illinois - Grand Jury Or Preliminary Hearing, John C. Robinson Jr.

Loyola University Chicago Law Journal

No abstract provided.

Go to article

The Summary Contempt Power And The Constitution: The View From Without And Within, Robert Allen Sedler Jan 1976

The Summary Contempt Power And The Constitution: The View From Without And Within, Robert Allen Sedler

Law Faculty Research Publications

The "political trials" of the past decade generated a storm of legal controversy over the conduct of the defendants and their attorneys-and of the judges who presided at their trials. For some, the actions and attitudes of both lawyers and defendants courted disrespect for and presaged a breakdown in the law and its processes; for others, however, it was the response of the judges-chiefly, their heavy-handed wielding of the summary contempt power--that presented the real danger. Professor Sedler brings a unique expertise to his discussion of the use-and abuse--of summary contempt. While his approach reflects the concerns of the scholar, …

Go to article

Preface, Allan A. Ackerman Jan 1976

Preface, Allan A. Ackerman

Loyola University Chicago Law Journal

No abstract provided.

Go to article

Introduction/Exclusionary Rule/Arrest/Identifications/Confessions/Preliminary Proceedings/Discovery/Speedy Trial/Selection Of Jurors/Instruction To Jurors/Sentencing/Illinois Post-Conviction Hearing Act/Prisoners' Rights, Mary Anne Mason, Patrick E. Deady, Nancy Kane Hall, David M. Heller Jan 1976

Introduction/Exclusionary Rule/Arrest/Identifications/Confessions/Preliminary Proceedings/Discovery/Speedy Trial/Selection Of Jurors/Instruction To Jurors/Sentencing/Illinois Post-Conviction Hearing Act/Prisoners' Rights, Mary Anne Mason, Patrick E. Deady, Nancy Kane Hall, David M. Heller

Loyola University Chicago Law Journal

No abstract provided.

Go to article

Pro Se Litigation -- Litigating Without Counsel: Faretta Or For Worst, Susan Herman, Ira P. Robbins Jan 1976

Pro Se Litigation -- Litigating Without Counsel: Faretta Or For Worst, Susan Herman, Ira P. Robbins

Faculty Scholarship

No abstract provided.

Go to article

Privacy: A Case For Accurate And Complete Criminal History Records, Thomas J. Madden, Helen S. Lessin Jan 1976

Privacy: A Case For Accurate And Complete Criminal History Records, Thomas J. Madden, Helen S. Lessin

Villanova Law Review (1956 - )

No abstract provided.

Go to article

Between Unfitness And Commitment: Difficulties In The Disposition Of Unfit Defendants In Illinois, 9 J. Marshall J. Prac. & Proc. 905 (1976), Kevin Murnighan Jan 1976

Between Unfitness And Commitment: Difficulties In The Disposition Of Unfit Defendants In Illinois, 9 J. Marshall J. Prac. & Proc. 905 (1976), Kevin Murnighan

UIC Law Review

No abstract provided.

Go to article

Confidentiality Of Criminal Records Privacy V. The Public Interest, David Weinstein Jan 1976

Confidentiality Of Criminal Records Privacy V. The Public Interest, David Weinstein

Villanova Law Review (1956 - )

No abstract provided.

Go to article

Remedies For Prejudicial Publicity: A Brief Review, James T. Ranney Jan 1976

Remedies For Prejudicial Publicity: A Brief Review, James T. Ranney

Villanova Law Review (1956 - )

No abstract provided.

Go to article

Conspiracy And Federal Jurisdiction: From Crimmins To Feola, Mark Berger Jan 1976

Conspiracy And Federal Jurisdiction: From Crimmins To Feola, Mark Berger

Villanova Law Review (1956 - )

No abstract provided.

Go to article

A Response: Watergate Procedures For All?, Alan I. Baron Jan 1976

A Response: Watergate Procedures For All?, Alan I. Baron

Maryland Law Review

No abstract provided.

Go to article

Equal Protection And Criminal Sentencing: Legal And Policy Considerations, Mark Berger Jan 1976

Equal Protection And Criminal Sentencing: Legal And Policy Considerations, Mark Berger

Faculty Works

No abstract provided.

Go to article

Recent Developments, Various Editors Jan 1976

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Go to article

Computerized Criminal Justice Information Systems: A Recognition Of Competing Interests - An Introduction, Lawrence J. Beaser Jan 1976

Computerized Criminal Justice Information Systems: A Recognition Of Competing Interests - An Introduction, Lawrence J. Beaser

Villanova Law Review (1956 - )

No abstract provided.

Go to article

Computers And The Right To Be Let Alone - A Civil Libertarian View, Burton Caine Jan 1976

Computers And The Right To Be Let Alone - A Civil Libertarian View, Burton Caine

Villanova Law Review (1956 - )

No abstract provided.

Go to article

Subsequent Use Of Electronic Surveillance Interceptions And The Plain View Doctrine: Fourth Amendment Limitations On The Omnibus Crime Control Act, Raymond R. Kepner Jan 1976

Subsequent Use Of Electronic Surveillance Interceptions And The Plain View Doctrine: Fourth Amendment Limitations On The Omnibus Crime Control Act, Raymond R. Kepner

University of Michigan Journal of Law Reform

Despite the critical examination to which many sections of Title III have been subjected, section 2517(5) has received little serious scrutiny from either the courts or the commentators. This note will analyze the constitutionality of the section in terms of the standards which the Supreme Court has articulated, both with respect to the law of search and seizure generally and with respect to electronic surveillance. This examination will reveal that section 2517(5) cannot be sustained under the existing contours of fourth amendment interpretation.

Go to article

The Metaphysics Of Punishment–An Exercise In Futility, William K.S. Wang Jan 1976

The Metaphysics Of Punishment–An Exercise In Futility, William K.S. Wang

Faculty Scholarship

No abstract provided.

Go to article

Due Process In The Prison: A Third Form, Edmund B. Spaeth Jr. Jan 1976

Due Process In The Prison: A Third Form, Edmund B. Spaeth Jr.

Villanova Law Review (1956 - )

No abstract provided.

Go to article

The Informant And Accomplice Witness: Problems For The Prosecution, 9 J. Marshall J. Prac. & Proc. 243 (1975), Michael D. Marrs Jan 1976

The Informant And Accomplice Witness: Problems For The Prosecution, 9 J. Marshall J. Prac. & Proc. 243 (1975), Michael D. Marrs

UIC Law Review

No abstract provided.

Go to article

Criminal Procedure - Exclusionary Rule - Brown V. Illinois, Miranda Warnings Do Not Per Se Attenuate The Taint Of An Illegal Arrest, Mary Anne Mason Jan 1976

Criminal Procedure - Exclusionary Rule - Brown V. Illinois, Miranda Warnings Do Not Per Se Attenuate The Taint Of An Illegal Arrest, Mary Anne Mason

Loyola University Chicago Law Journal

No abstract provided.

Go to article

First Prev Next Last