Law Commons^™

Some Legislative History And Comments On Ohio's New Criminal Code , Harry J. Lehman, Alan E. Norris

Cleveland State Law Review

Having briefly outlined the history of the formal development of the Act, it is the purpose of this Article to discuss in narrative form the legislative process on certain key provisions which were the subject of much debate and disagreement. These areas of disagreement include murder and felony penalties, especially minimum sentences; capital punishment to conform to the U.S. Supreme Court's Furman decision as well as other changes; parole eligibility for those serving life sentences for a capital offense; early release on parole, also known as shock parole; eligibility for probation; definition of reasonable doubt and jury instructions on reasonable …

Rules Of Criminal Procedure: The Background Of Draftsmanship, James G. France

Cleveland State Law Review

While Ohio’s Rules of Criminal Procedure, effective July 1, 1973, are entirely new to the criminal law practitioners, it is not the purpose of this article to point out the difference between the present and the past in terms of how a criminal case should be prepared for trial and tried. Rather, the emphasis here is on the background of formulation of the rules in terms of Ohio's experience both in drafting rules and in borrowing and adapting rules from other fields, from other jurisdictions, and sometimes from other generations to achieve what the Chief Justice of the Supreme Court …

Book Review, George J. Mcmonagle

Cleveland State Law Review

Review of Criminal Sentences - Law WIthout Order, Marvel E. Frankel, NY, Hill and Wang, 1973.

The Fourth Amendment As A Way Of Talking About People: A Study Of Robinson And Matlock, James Boyd White

Articles

One way to regard what the Supreme Court has done in the cases it has decided under the Fourth Amendment is to say that it has created a specialized discourse of adjudication, a language in which it can talk about and dispose of the repeated conflicts that arise between an officer engaged in the process of crime control and a citizen upon whose freedom or security he intrudes. The events which bring these two figures together are bewildering in their variety and complexity, and the claims on each side are deeply felt and strenuously made. It has not been easy …

The Plea Bargain In Historical Perspective, Jay Wishingrad

Buffalo Law Review

No abstract provided.

Criminal Law: Implementing The Obligation Of Advocacy In Review Of Criminal Convictions, Larry I. Palmer

Faculty Publications

No abstract provided.

Criminal Law And Procedure Eleventh Survey Of Florida Law - Part Four, David Frisch

Law Faculty Publications

This survey is a continuation of previous articles on the topic of Florida criminal law and procedure.

Criminal Procedure: Jury Prejudice After Wounded Knee--The Sufficiency Of Federal Voir Dire, John C. Dill

American Indian Law Review

No abstract provided.

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

Scholarly Works

Because it has been esteemed in this state for centuries, the writ of habeas corpus has played a significant role in the history of Georgia civil liberties. Indeed, one Georgia court early state that "[w]hen the writ is applied for, no inquiry is made as to the complexion of the petitioner, or the place of his permanent allegiance. All of every condition, of every country and of every complexion are equally entitled to it, the native of South Africa, not less than the Peer of the Realms." In the first part of his Article, Professor Wilkes examines the origins of …

The Burger Court: Discord In Search And Seizure, Robert S. Irons

University of Richmond Law Review

The accession of Mr. Chief Justice Burger to the Supreme Court of the United States was expected to signal the limitation of constitutional doctrines by which the Court had enhanced the rights of the criminal defendant. The fulfillment of this expectation has been generally marked by decisions which have been readily and quickly comprehensible. For example, the prosecution was prohibited by the Warren Court from employing any products of the defendant's custodial interrogation in the absence of a warning of his right to counsel and his right to remain silent; the statement so procured is still barred in the case …

New Looks At An Ancient Writ: Habeas Corpus Reexamined, Andrew P. Miller, Robert E. Shepherd Jr.

University of Richmond Law Review

The traditional characterization of the writ of habeas corpus as an original ... civil remedy for the enforcement of the right to personal liberty, rather than as a stage of the state criminal proceedings or as an appeal therefrom . . . cannot be permitted to defeat the manifest federal policy that federal constitutional rights of personal liberty shall not be denied without the fullest opportunity for plenary federal judicial review.

Criminal Law Notes: Fourth Amendment Developments And Their Impact Upon The Criminal Process In Indiana, F. Thomas Schornhorst

Articles by Maurer Faculty

No abstract provided.

Search And Seizure- Knowledge Of Fourth Amendment Rights Not A Prerequisite To A Valid Consent Search

University of Richmond Law Review

The fourth amendment to the United States Constitution, applicable to the states through the fourteenth amendment, guarantees to every citizen the indefeasible right to be secure against unreasonable searches and seizures. As a response to a long history of English colonial abuses, the fourth amendment was intended by the drafters of the Bill of Rights to be a safeguard against governmental misuse of the writs of assistance' and the general warrant. The Supreme Court has broadly interpreted the constitutional mandate of the fourth amendment as proscribing all searches and seizures which do not comply with its stringent provisions. However, certain …

Search And Seizure- Permissible Scope Of A Search Incident To A Valid Custodial Arrest

University of Richmond Law Review

While the fourth amendment does not make a warrant mandatory for all searches, it does require that all searches meet the test of reasonableness. The search incident to a lawful arrest is one of the well-established exceptions to the warrant requirement. The incidental search doctrine and the exclusionary rule were first discussed by the United States Supreme Court in Weeks v. United States. The Supreme Court's failure to enunciate definitive standards in defining the permissible scope of a search incident to an arrest has created numerous problems for the courts and police. The limitations on the permissible scope of a …

Some Themes In The Proposed Federal Rules Of Evidence, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

Although the Federal Rules of Evidence are under consideration by Congress, it is unlikely that many of their major themes will be reversed. The present article examines some of these themes as they appear in the Supreme Court-approved draft. The aim is merely to make more explicit the effects of the Rules and suggest some questions for study.

Confessions By The Accused--Does Miranda Relate To Reality?, Robert G. Lowen

Kentucky Law Journal

No abstract provided.

Correctional System Needs, Susan S. Cole

IUSTITIA

One of the most difficult and pressing problems now facing local, state and national leaders is the failure of the criminal justice system. There is ample evidence of the system's failure: during the years 1960 to 1969, when the population increased by 13%, crime increased 1487,' and it is still increasing. Yet, correctional institutions do not appear to be places where criminal behavior is changed or where offenders are rehabilitated. They appear to be, instead, places where offenders are exposed to the most advanced criminal techniques and the most extreme anti-social behavior. Recidivism rates are estimated as high as 8070.

Jury Selection In The State Of Indiana, Public Law Reform Organization

IUSTITIA

The task force was aware of some criticisms of the method of selection of jurors in Indiana courts, raised primarily by attorneys in motions and appellate briefs. A few court cases in Indiana, the federal courts, and other states, had also indicated possible constitutional flaws in a system of juror selection such as Indiana's. With an awareness of these complaints and possible defects, the organization conducted an empirical study of juror selection in Indiana in an attempt to find out how jurors are selected in actual practice, and then began legal research to determine if, in fact, there are legal …

Fuller V. Oregon, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Michigan V. Tucker, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Criminal Law-Confessions-- Government Can Satisfy Its Burden of Proving Waiver of Miranda Rights By Showing Warnings Given, Signed Waiver, and Proof of Defendant's Capacity to Understand the Warnings

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Criminal Procedure--Grand Jury-Attorney Work Product Consisting of Written Summaries and Personal Recollections of Interviews Is Privileged Against Disclosure at Federal Grand Jury Investigations

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Public Employees --Freedom of Association-Discharge of Non-policy-making Public Employees on Ground of Political Affiliation Infringes Employees' Freedom of Association

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Torts--Wrongful Death-Common--Law Cause of Action for Wrongful Death Exists Under Massachusetts Law

Restricted Venue In Suits Against National Banks: A Procedural Anachronism

William & Mary Law Review

No abstract provided.

Criminal Law And Procedure – Bringing It Home, Fernand N. Dutile

Journal of Legal Education

No abstract provided.

Discretion In Felony Sentencing—A Study Of Influencing Factors, Barbara L. Johnston, Nicholas P. Miller, Ronald Schoenberg, Laurence Ross Weatherly

Washington Law Review

The desirability and constitutionality of discretionary criminal sentencing can be ascertained only if the factors influencing sentencing decisions are known. The authors analyze data generated by a 1971 survey of Washington State superior court trial judges in order to identify the significant factors and to evaluate their relative importance in criminal sentencing. The results indicate that discretionary sentencing is influenced strongly by social biases in no way dependent upon the culpability of the offender, his personal behavior patterns, or circumstances of the crime.

The Search And Seizure Of Private Papers: Fourth And Fifth Amendment Considerations, Steven H. Shiffrin

Cornell Law Faculty Publications

There is a recognizable factual distinction between the search and seizure of private papers and the search and seizure of non-documentary items. It is difficult, however, to decide when such a distinction should assume constitutional dimensions. Specifically, are there circumstances under which private papers should be immune from search and seizure? In a 1967 landmark case, Warden v. Hayden, the United States Supreme Court raised doubts concerning the continued validity of decades of settled law on this important issue. Warden's reopening of this problem aroused the curiosity of commentators, spurred new policy arguments in the American Law Institute, divided …

Criminal Procedure--Justice Of The Peace Courts--Increased Penalty Upon Trial De Novo, Anne C. Reppert

West Virginia Law Review

No abstract provided.

Adoptive Admissions In Custody And The Constitution

Washington and Lee Law Review

No abstract provided.

Criminal Procedure—Dismissals In The Futherance Of Justice—State V. Sonneland, 80 Wn. 2d 343, 494 P.2d 469 (1972), K. D. K.

Washington Law Review

In March 1969, Sonneland was charged with possession of marijuana, then a felony. His offer to plead guilty to a gross misdemeanor was accepted. Subsequently, a second bargain was made whereby Sonneland agreed to furnish information leading to the arrest of three dealers in exchange for a promise to dismiss all the charges against him. A continuance was granted to provide a cover, and in August 1969, Sonneland gave a tip which culminated in the arrest of three men. It was disputed whether all were dealers. In February 1970, the prosecuting attorney concluded that Sonneland would provide no further information …

Criminal Procedure—Immunity: Fifth Amendment Privilege Against Self-Incrimination Eclipsed By Use Immunity—Kastigar V. United States, 406 U.S. 441 (1972), W. J. M.

Washington Law Review

Kastigar refused to answer questions during federal grand jury proceedings despite an order commanding him to answer and granting him use and derivative use immunity, protecting him from the use of his testimony or any evidence derived from it. Kastigar's refusal to testify was premised on the theory that the grant of immunity extended to him was constitutionally deficient and that only transactional immunity could supplant his fifth amendment privilege. The trial court found Kastigar in civil contempt and ordered him confined pursuant to section 301(a) of the Organized Crime Control Act of 1970. The United States Court of Appeals …

Effects Of Alternative Types Of Counsel On Criminal Procedure Treatment, Stuart S. Nagel

Indiana Law Journal

No abstract provided.