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Articles 10921 - 10950 of 12089

Full-Text Articles in Law

Lie Detector Test - Transcript Of Hearing, Supreme Court Of The State Of New York Mar 1973

Lie Detector Test - Transcript Of Hearing, Supreme Court Of The State Of New York

Motions

No abstract provided.


The Federal Jury., Joe J. Fisher Mar 1973

The Federal Jury., Joe J. Fisher

St. Mary's Law Journal

Abstract Forthcoming.


A Search Warrant Is Not Required Where There Is Probable Cause To Search A Chattel Consigned To A Carrier., Frank B. Murchison Mar 1973

A Search Warrant Is Not Required Where There Is Probable Cause To Search A Chattel Consigned To A Carrier., Frank B. Murchison

St. Mary's Law Journal

Abstract Forthcoming.


Devitalization Of The Right To A Speedy Trial: The Per Case Method V. The Per Se Theory., J. Michael Myers Mar 1973

Devitalization Of The Right To A Speedy Trial: The Per Case Method V. The Per Se Theory., J. Michael Myers

St. Mary's Law Journal

Abstract Forthcoming.


Pretrial Disclosure Of Federal Grand Jury Testimony, William J. Knudsen, Jr. Feb 1973

Pretrial Disclosure Of Federal Grand Jury Testimony, William J. Knudsen, Jr.

Washington Law Review

The scope of this study is limited to what is probably the most criticized aspect of the traditional grand jury system, the restrictions on disclosure of grand jury proceedings, especially the criminal defendant's lack of access to a transcript of the testimony given before the grand jury which indicted him. Examining the history of the grand jury as it relates to the tradition of secrecy, this study discusses the philosophies underlying the practice and analyzes the impact of the Federal Rules of Criminal Procedure, federal statutes, and certain Supreme Court decisions on this tradition. This study concludes that there is …


Double Jeopardy: Mistrial Declared Without The Consent Of Defendant As A Bar To Reprosecution - Baker V. State Jan 1973

Double Jeopardy: Mistrial Declared Without The Consent Of Defendant As A Bar To Reprosecution - Baker V. State

Maryland Law Review

No abstract provided.


Constitutional Law - Privilege Against Self-Incrimination - Compulsory Production Of Taxpayer's Business Records In Third Party Possession Held Not Violative Of The Fourth And Fifth Amendments, Douglas Paul Coopersmith Jan 1973

Constitutional Law - Privilege Against Self-Incrimination - Compulsory Production Of Taxpayer's Business Records In Third Party Possession Held Not Violative Of The Fourth And Fifth Amendments, Douglas Paul Coopersmith

Villanova Law Review (1956 - )

No abstract provided.


Constitutional Law - Fourteenth Amendment Due Process - Representation By Counsel At Trial Is A Prerequisite To The Imposition Of Any Sentence Of Imprisonment Absent Valid Waiver, William J. Lehane Jan 1973

Constitutional Law - Fourteenth Amendment Due Process - Representation By Counsel At Trial Is A Prerequisite To The Imposition Of Any Sentence Of Imprisonment Absent Valid Waiver, William J. Lehane

Villanova Law Review (1956 - )

No abstract provided.


The Communication Of The Supreme Court's Criminal Procedure Decisions: A Preliminary Mapping, Stephen L. Wasby Jan 1973

The Communication Of The Supreme Court's Criminal Procedure Decisions: A Preliminary Mapping, Stephen L. Wasby

Villanova Law Review (1956 - )

No abstract provided.


Constitutional Law - Rights Of Criminal Defendants - Counsel's Presence Is Not Required At Pre-Indictment Identification Confrontations, Howell K. Rosenberg Jan 1973

Constitutional Law - Rights Of Criminal Defendants - Counsel's Presence Is Not Required At Pre-Indictment Identification Confrontations, Howell K. Rosenberg

Villanova Law Review (1956 - )

No abstract provided.


Constitutional Law - Double Jeopardy - State Prosecution Barred After Federal Prosecution For Same Offense - Burden On State To Show Substantially Different Interests From Those Of Initial Prosecuting Jurisdiction, Ronald J. Examitas Jan 1973

Constitutional Law - Double Jeopardy - State Prosecution Barred After Federal Prosecution For Same Offense - Burden On State To Show Substantially Different Interests From Those Of Initial Prosecuting Jurisdiction, Ronald J. Examitas

Villanova Law Review (1956 - )

No abstract provided.


Voir Dire In Federal Criminal Trials: Protecting The Defendant's Right To An Impartial Jury, Laura Cooper Jan 1973

Voir Dire In Federal Criminal Trials: Protecting The Defendant's Right To An Impartial Jury, Laura Cooper

Indiana Law Journal

No abstract provided.


Indigents' Dissatisfaction With Assigned Counsel, Mary Sue Lang Jan 1973

Indigents' Dissatisfaction With Assigned Counsel, Mary Sue Lang

Cleveland State Law Review

The American concept of democracy embraces the principle that the basic interests of society are endangered when the rights of an individual are diminished. The indigent's dissatisfaction with his assigned counsel is relevant only because Americans presuppose that a criminal prosecution unaccompanied by the panoply of the adversary process is a deprivation of the fundamental rights of the accused. This concept of justice obligates a government which institutes criminal prosecutions to provide representation for those unable to afford their own counsel. It further imposes a duty to assure effective counsel in order to preserve the element of challenge which is …


American Grand Jury: Investigatory And Indictment Powers, Timothy G. Kasparek Jan 1973

American Grand Jury: Investigatory And Indictment Powers, Timothy G. Kasparek

Cleveland State Law Review

As a result of the obvious discrepancies and conflicts among the three reports concerning the Kent State incident, the U.S. Department of Justice was reported to have been considering whether the convening of a federal grand jury was necessary) Additionally, Robert I. White, President of Kent State University at the time of the tragedy, the Kent State faculty and student senates, and the Kent State graduate-student council expressed a need for and re- quested the empaneling of a federal grand jury. To date, none has been convened nor has there been any indication that one will be called in the …


The Emergency Doctrine Exception To The Warrant Requirement Under The Fourth Amendment, Edward G. Mascolo Jan 1973

The Emergency Doctrine Exception To The Warrant Requirement Under The Fourth Amendment, Edward G. Mascolo

Buffalo Law Review

No abstract provided.


Constitutional Law—Due Process Requires That Limits Be Placed On Psychiatric Confinement Commensurate With The Procedural Safeguards Employed In Obtaining That Confinement., Christopher B. Ashton Jan 1973

Constitutional Law—Due Process Requires That Limits Be Placed On Psychiatric Confinement Commensurate With The Procedural Safeguards Employed In Obtaining That Confinement., Christopher B. Ashton

Buffalo Law Review

McNeil v. Director, Patuxent Institution, 407 U.S. 245 (1972).


Criminal Law And Procedure--Bringing It Home, Fernand N. Dutile Jan 1973

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

Journal Articles

When I first began teaching six years ago at the Catholic University Law School, one of the two sections of Criminal Law and Procedure assigned to me was approximately 33 % larger than the other. I remember feeling a considerable difference in atmosphere in the two sections, due to the numbers involved. In the smaller section, discussion seemed more intimate, more coherent, more shared by all the students. I felt able to know students better and more quickly. It is stunning now to realize that the larger section in that 1966-67 school year numbered 32 students! When I left Catholic …


Arizona's Inferior Courts, Harold H. Bruff Jan 1973

Arizona's Inferior Courts, Harold H. Bruff

Publications

For many citizens Arizona's inferior courts provide their primary, perhaps only, contact with the state's justice system. This Article--based in large part upon a thorough empirical and personal study of these lower courts--discusses the role that the courts play, the procedures that they observe, the qualifications of the personnel they employ, and the sufficiency of the justice they render. These findings are then evaluated, and recommendations for change are made.


The Second Circuit Review: Ix. Evidence: Introduction, Paul F. Rothstein Jan 1973

The Second Circuit Review: Ix. Evidence: Introduction, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

The past year's developments in the law of evidence have been characterized by a hardening attitude toward criminal defendants. The United States Supreme Court's evidentiary rulings during the term covered by the Second Circuit Review (1971-72) manifested this trend (although not uniformly). For example, police stop-and-frisk authority was broadened (and with it the use of evidence obtained therefrom); the scope of the immunity from criminal prosecution required to be granted by a governmental body before self-incriminatory statements can be compelled from a witness was narrowed; the right to have counsel at line-ups was limited to postindictment or post-charge line-ups (with …


Clearing The Path For An Entrapment Defense, Paul V. Hibberd Jan 1973

Clearing The Path For An Entrapment Defense, Paul V. Hibberd

Kentucky Law Journal

No abstract provided.


Character Evidence--The Rules Of Admissibility In Criminal Cases In Kentucky, Merle C. Clark Jan 1973

Character Evidence--The Rules Of Admissibility In Criminal Cases In Kentucky, Merle C. Clark

Kentucky Law Journal

No abstract provided.


The Effect Of Due Process On Criminal Defense Discovery, Barry Nakell Jan 1973

The Effect Of Due Process On Criminal Defense Discovery, Barry Nakell

Kentucky Law Journal

No abstract provided.


Brown V. Commonwealth: The Court Balks On Quotient Verdicts, William M. Lear Jan 1973

Brown V. Commonwealth: The Court Balks On Quotient Verdicts, William M. Lear

Kentucky Law Journal

No abstract provided.


The New Federalism In Criminal Procedure: State Court Evasion Of The Burger Court, Donald E. Wilkes Jr. Jan 1973

The New Federalism In Criminal Procedure: State Court Evasion Of The Burger Court, Donald E. Wilkes Jr.

Kentucky Law Journal

No abstract provided.


Prisoners' Redress For Deprivation Of A Constitutional Right: Federal Habeas Corpus And The Civil Rights Act., Daniel J. Sheehan Jr. Dec 1972

Prisoners' Redress For Deprivation Of A Constitutional Right: Federal Habeas Corpus And The Civil Rights Act., Daniel J. Sheehan Jr.

St. Mary's Law Journal

Franchises, founder-member contracts, and referral-sales agreements are marketing practices used to expand retail businesses and typically categorized as investment contracts. These marketing schemes continue to leave investors susceptible to fraud and misrepresentation because security regulations may fail to adapt to continuously varying methods in which promoters acquire capital. The Securities Act of 1933, the Securities Exchange Commission of 1934, and the Blue Sky Laws were attempts to regulate marketing schemes by establishing purposefully broad definitions of investment contracts. Securities laws were meant to have a liberal application for the purpose of being flexible and adaptive. In 1946, the landmark case …


The Dilemma Of The "Uniquely Juvenile" Offender Dec 1972

The Dilemma Of The "Uniquely Juvenile" Offender

William & Mary Law Review

No abstract provided.


1) A Consent To A Search And Seizure Can Be Shown When Words Constituting Consent Are Given After Officers Allege They Have Possession Of A Search Warrant; 2) The Right Of Confrontation Is Not Violated When An Out Of Court Confession Of A Third Person Is Introduced At Trial And Implicates The Accused., Michael L. Vaughn Dec 1972

1) A Consent To A Search And Seizure Can Be Shown When Words Constituting Consent Are Given After Officers Allege They Have Possession Of A Search Warrant; 2) The Right Of Confrontation Is Not Violated When An Out Of Court Confession Of A Third Person Is Introduced At Trial And Implicates The Accused., Michael L. Vaughn

St. Mary's Law Journal

Abstract Forthcoming.


Achieving Prompt Criminal Trials In New York, W. David Curtiss Dec 1972

Achieving Prompt Criminal Trials In New York, W. David Curtiss

Cornell Law Faculty Publications

During the past two years there have been several significant developments in New York related to achieving prompt trials in criminal prosecutions. These developments, which include judicial decisions, administrative rules and legislative enactments, come into special focus when delay in the trial of criminal cases is attributable to calendar congestion and the need for additional personnel and facilities. This article will examine these decisions, rules and statutes, with particular reference to their relationship to basic principles of judicial administration.


Statistical Studies Of The Costs Of Six-Man Versus Twelve-Man Juries, William R. Pabst Jr. Dec 1972

Statistical Studies Of The Costs Of Six-Man Versus Twelve-Man Juries, William R. Pabst Jr.

William & Mary Law Review

No abstract provided.


Gagnon V. Scarpelli, Lewis F. Powell Jr. Oct 1972

Gagnon V. Scarpelli, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.