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Articles 10861 - 10890 of 12091

Full-Text Articles in Law

The Working Man's Nemesis - The Polygraph, Victor Jerome Boone Oct 1974

The Working Man's Nemesis - The Polygraph, Victor Jerome Boone

North Carolina Central Law Review

No abstract provided.


Police Interrogation: Michigan V. Tucker, Quentin T. Sumner Oct 1974

Police Interrogation: Michigan V. Tucker, Quentin T. Sumner

North Carolina Central Law Review

No abstract provided.


Bail In Missouri Revisited, Mark Berger Oct 1974

Bail In Missouri Revisited, Mark Berger

Faculty Works

During the early part of the 1960's, interest in the civil rights movement generated concern over the inequities of bail administration. In the latter part of the decade the same problems were revealed in major studies of the nation's criminal justice system. Contributions to the legal literature in this period, encompassing statistical and evaluative studies as well as academic analysis, helped to focus further attention on bail. Moreover, a major effort was undertaken by the United States Department of Justice to promote the sharing of bail program information and ideas. There are signs, however, that some of the earlier interest …


A Further Inquiry Into The Quality Of Indigent Felony Defense., Richard L. Huff Sep 1974

A Further Inquiry Into The Quality Of Indigent Felony Defense., Richard L. Huff

St. Mary's Law Journal

One of the primary goals of a democracy is equality before the law for all of its citizens. To this end, in 1963, the Supreme Court held that states must provide counsel to indigent defendants, at their own expense, in all felony trials. Although other jurisdictions have chosen a defender system of criminal attorneys hired by the local government to meet the Supreme Court’s mandate, Bexar County, Texas, utilizes a system of assigning members of the local bar to defendants in rotation. Contrary to the prevailing view, it is submitted that Bexar County's assigned counsel system provides adequate representation for …


Constitutional Standards For Applying The Plain View Doctrine., Bennie F. Steinhauser Jr. Sep 1974

Constitutional Standards For Applying The Plain View Doctrine., Bennie F. Steinhauser Jr.

St. Mary's Law Journal

Abstract Forthcoming.


A New Role For An Ancient Writ: Postconviction Habeas Corpus Relief In Georgia (Part Ii), Donald E. Wilkes Jr. Sep 1974

A New Role For An Ancient Writ: Postconviction Habeas Corpus Relief In Georgia (Part Ii), Donald E. Wilkes Jr.

Scholarly Works

In Part I of this Article, appearing in Volume 8 of the Georgia Law Review at page 313, Professor Wilkes traced the development of postconviction habeas corpus in Georgia up to 1967. In this the second part of the Article, he examines the background and passage of the Georgia Habeas Corpus Act of 1967. Finally, Professor Wilkes assesses the degree to which the Act has fulfilled its purposes, and suggests several possible changes for the future.


Kentucky Parole Officers: An Inquiry Into The Effect Of Residential Background On Their Works Styles, Virginia Cleveland Aug 1974

Kentucky Parole Officers: An Inquiry Into The Effect Of Residential Background On Their Works Styles, Virginia Cleveland

Masters Theses & Specialist Projects

Using the population of Kentucky state parole officers as the focus of this thesis, work styles were studied. The work styles of twenty-eight rural parole officers were compared with the work styles of twenty-two urban officers. The Fisher Exact Statistical Test was used to test differences between these groups. Rural officers were significantly more likely than urban officers to go out of their offices to meet with their parolees. Urban officers had had a significantly greater number of parolees waiting in their offices at one time, than the rural officers had. The length of the average meeting did not differ …


Criminal Procedure—Personal Search Of Suspect Incident To Custodial Arrest Is Per Se "Reasonable" And Requires No Additional Justification—United States V. Robinson, 414 U.S. 218 (1973); Gustafson V. Florida, 414 U.S. 260 (1973), David C. Anson Aug 1974

Criminal Procedure—Personal Search Of Suspect Incident To Custodial Arrest Is Per Se "Reasonable" And Requires No Additional Justification—United States V. Robinson, 414 U.S. 218 (1973); Gustafson V. Florida, 414 U.S. 260 (1973), David C. Anson

Washington Law Review

Defendant Robinson was stopped by a District of Columbia police officer for driving an automobile after revocation of his operator's permit and for obtaining a substitute permit by false representation. Robinson was placed in custody, advised of his rights and frisked by the arresting officer. During the frisk, the officer felt a bulge in Robinson's overcoat pocket; he reached into the pocket and removed a crumpled cigarette package containing small round objects. The officer opened the package and discovered gelatin capsules, later found to contain heroin. At trial for possession of heroin, the capsules were introduced into evidence over the …


Expanding Double Jeopardy: Collateral Estoppel And The Evidentiary Use Of Prior Crimes Of Which The Defendant Has Been Acquitted, Eleanore Hill Jul 1974

Expanding Double Jeopardy: Collateral Estoppel And The Evidentiary Use Of Prior Crimes Of Which The Defendant Has Been Acquitted, Eleanore Hill

Florida State University Law Review

No abstract provided.


Applying The Administrative Procedure Act To Federal Parole Decision Making., Campbell Mcginnis Jun 1974

Applying The Administrative Procedure Act To Federal Parole Decision Making., Campbell Mcginnis

St. Mary's Law Journal

Abstract Forthcoming.


The Sixth Amendment And The Right To A Trial By A Jury Of The Vicinage Jun 1974

The Sixth Amendment And The Right To A Trial By A Jury Of The Vicinage

Washington and Lee Law Review

No abstract provided.


Defense Counsel And The First Amendment: A Time To Keep Silence, And A Time To Speak., Jeffrey Cole, Michael I. Spak Jun 1974

Defense Counsel And The First Amendment: A Time To Keep Silence, And A Time To Speak., Jeffrey Cole, Michael I. Spak

St. Mary's Law Journal

Abstract Forthcoming.


The Omnibus Proceeding: Clarification Of Discovery In The Federal Courts And Other Benefits., J. Michael Myers Jun 1974

The Omnibus Proceeding: Clarification Of Discovery In The Federal Courts And Other Benefits., J. Michael Myers

St. Mary's Law Journal

Abstract Forthcoming.


A Sixth Amendment Right To Counsel Under Article 15 Of The Uniform Code Of Military Justice, Michigan Law Review Jun 1974

A Sixth Amendment Right To Counsel Under Article 15 Of The Uniform Code Of Military Justice, Michigan Law Review

Michigan Law Review

Article 15 of the Uniform Code of Military Justice (UCMJ) enables a commanding officer to sentence a service member who has committed a minor infraction to thirty days of correctional custody. The article 15 proceeding offers few procedural safeguards; among the protections lacking is the right to counsel. This Note will consider whether the failure of the military to provide counsel at an article 15 proceeding is consistent with the sixth amendment, which provides that "[i]n all criminal prosecutions, the accused shall enjoy the right ... to have the Assistance of Counsel for his defence." The Note first will discuss …


Criminal Procedure—Preaccusation Delay As Violation Of Due Process: Absence Of Statute Of Limitations Is Factor To Be Weighed Against Murder Defendant's Allegations Of Actual Prejudice—State V. Haga, 8 Wn. App .481, 507 P.2d 159 (1973), Review Denied 82 Wn. 2d 1006 (1973), Richard A. Hansen May 1974

Criminal Procedure—Preaccusation Delay As Violation Of Due Process: Absence Of Statute Of Limitations Is Factor To Be Weighed Against Murder Defendant's Allegations Of Actual Prejudice—State V. Haga, 8 Wn. App .481, 507 P.2d 159 (1973), Review Denied 82 Wn. 2d 1006 (1973), Richard A. Hansen

Washington Law Review

On July 6, 1966, the wife and an infant daughter of Eric L. Haga were found strangled to death in the Haga home. Although Haga had slept in the house the night of the murders, no evidence linked him directly to the crime. There was, however, evidence that Haga and his wife had separated the previous summer, that Mrs. Haga had lived with another man during the separation, and that Haga had taken out a family life insurance policy shortly before the murders. The prosecuting attorney chose not to prosecute Haga; more than five years later, however, a newly elected …


Book Review Of The Rights Of Children: Emergent Concepts In Law And Society; Beyond The Best Interest Of The Child; And Cases And Materials On Modern Juvenile Justice, W. Anthony Fitch May 1974

Book Review Of The Rights Of Children: Emergent Concepts In Law And Society; Beyond The Best Interest Of The Child; And Cases And Materials On Modern Juvenile Justice, W. Anthony Fitch

William & Mary Law Review

No abstract provided.


Kirby, Biggers, And Ash: Do Any Constitutional Safeguards Remain Against The Danger Of Convicting The Innocent?, Joseph D. Grano Mar 1974

Kirby, Biggers, And Ash: Do Any Constitutional Safeguards Remain Against The Danger Of Convicting The Innocent?, Joseph D. Grano

Michigan Law Review

Even recognizing the danger of misidentification, procedural safeguards, especially constitutional ones, are not readily apparent. Some judges, such as Justice Stewart, find less need for counsel at photographic displays than at lineups; others find an equivalent or even greater need for counsel. Some judges, in approving on-the-scene identifications without counsel, find a guarantee of accuracy in the short interval between the crime and the identification; other judges decry such procedures and find them inherently suggestive. The problem stems directly from the lack of scientific knowledge and inquiry. Therefore, in analyzing the recent identification cases, this Article will draw upon experimental …


The Admissibility Of Prior-Crimes Evidence In Prosecutions For Child Abuse Mar 1974

The Admissibility Of Prior-Crimes Evidence In Prosecutions For Child Abuse

Washington and Lee Law Review

No abstract provided.


Hart V. Coiner: Mandatory Life Sentence Pursuant To The West Virginia Recidivist Statute Held Cruel And Unusual Punishment Mar 1974

Hart V. Coiner: Mandatory Life Sentence Pursuant To The West Virginia Recidivist Statute Held Cruel And Unusual Punishment

Washington and Lee Law Review

No abstract provided.


The Rational Basis For Guilty Pleas And The Restrictive Scope Of Direct Consequences Mar 1974

The Rational Basis For Guilty Pleas And The Restrictive Scope Of Direct Consequences

Washington and Lee Law Review

No abstract provided.


Airport Security Measures Allow Warrantless Search Of Checked Luggage., Robert M. Spurlock Mar 1974

Airport Security Measures Allow Warrantless Search Of Checked Luggage., Robert M. Spurlock

St. Mary's Law Journal

Abstract Forthcoming.


Criminal Procedure--Habeas Corpus--Waiver Of Relief Under The West Virginia Post-Conviction Habeas Corpus Act, Steven E. Deems Feb 1974

Criminal Procedure--Habeas Corpus--Waiver Of Relief Under The West Virginia Post-Conviction Habeas Corpus Act, Steven E. Deems

West Virginia Law Review

No abstract provided.


Criminal Procedure--Habeas Corpus--Federal Jurisdiction Expanded, Charles J. Kaiser Feb 1974

Criminal Procedure--Habeas Corpus--Federal Jurisdiction Expanded, Charles J. Kaiser

West Virginia Law Review

No abstract provided.


"Criminal Records"--A Comparative Approach, Sigmund A. Cohn Feb 1974

"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 …


The Fifth Amendment And Compelled Testimony: Practical Problems In The Wake Of Kastigar, E. R. Harding Jan 1974

The Fifth Amendment And Compelled Testimony: Practical Problems In The Wake Of Kastigar, E. R. Harding

Villanova Law Review (1956 - )

No abstract provided.


Criminal Law Notes: The Preliminary Hearing As A Constitutional Requirement, F. Thomas Schornhorst Jan 1974

Criminal Law Notes: The Preliminary Hearing As A Constitutional Requirement, F. Thomas Schornhorst

Articles by Maurer Faculty

No abstract provided.


Section 11 Of The Bill Of Rights: Rehabilitation Potential And Sentencing, 8 J. Marshall J. Prac. & Proc. 269 (1974), Roy W. Hardin Jan 1974

Section 11 Of The Bill Of Rights: Rehabilitation Potential And Sentencing, 8 J. Marshall J. Prac. & Proc. 269 (1974), Roy W. Hardin

UIC Law Review

No abstract provided.


Practice And Procedure Under The Illinois Post-Conviction Hearing Act, 8 J. Marshall J. Prac. & Proc. 129 (1974), Alan Rabunski Jan 1974

Practice And Procedure Under The Illinois Post-Conviction Hearing Act, 8 J. Marshall J. Prac. & Proc. 129 (1974), Alan Rabunski

UIC Law Review

No abstract provided.


Constitutional Law - Fourth Amendment - Conduct Of An Effective Foreign Policy Demands That Presidential Power To Conduct Electronic Surveillance For Foreign Affaris Purposes Not Be Subjected To Warrant Requirement, And That Subsequent Judicial Review Be Limited, Mark R. Cuker Jan 1974

Constitutional Law - Fourth Amendment - Conduct Of An Effective Foreign Policy Demands That Presidential Power To Conduct Electronic Surveillance For Foreign Affaris Purposes Not Be Subjected To Warrant Requirement, And That Subsequent Judicial Review Be Limited, Mark R. Cuker

Villanova Law Review (1956 - )

No abstract provided.


Constitutional Law - Fourth Amendment - A Witness May Not Invoke The Exclusionary Rule To Suppress Evidence Before The Grand Jury Or As A Basis For Refusing To Answer Questions Based On Evidence Seized In Violation Of His Fourth Amendment Rights, Leland G. Ripley Jan 1974

Constitutional Law - Fourth Amendment - A Witness May Not Invoke The Exclusionary Rule To Suppress Evidence Before The Grand Jury Or As A Basis For Refusing To Answer Questions Based On Evidence Seized In Violation Of His Fourth Amendment Rights, Leland G. Ripley

Villanova Law Review (1956 - )

No abstract provided.