Law Commons^™

Journalistic Media And Fair Trial, William M. Ware, Gerard D. Dimarco

Cleveland State Law Review

The rights of an accused to a fair trial, and freedom of the press, both are fundamental rights guaranteed by the Federal Constitution. Yet these constitutional guarantees, in collision, present one of the most critical current conflicts in the administration of criminal justice. The problem involves what is presently called "prejudicial news reporting" -news which is prejudicial to the right of the defendant to a fair trial. This paper will try to analyze this conflict, hoping to reach some conclusions which will ultimately aid in the administration of justice without abridging the rights of any parties involved.

Police Warning In Drunk Driver Tests, Richard Galex

Cleveland State Law Review

Recently, the Supreme Court specifically declined to consider the applicability of Miranda to motor vehicle cases in general. The various state courts are now being called upon to decide the extent of its application and, in particular, whether the Miranda mandate controls in misdemeanor proceedings. This article examines the present status of Miranda in relation to drinking driver traffic offenses as interpreted by the various courts, and the necessity of extending the rule to these offenses.

The Legitimation Of Electronic Eavesdropping: The Politics Of "Law And Order", Herman Schwartz

Michigan Law Review

This Article will examine some constitutional considerations raised by wiretapping and eavesdropping in light of recent Supreme Court decisions, the probable extent of such activity, the limitations imposed upon it by title III and the ABA Standards, and the arguments for the "necessity" of electronic surveillance. Finally, a few jaundiced comments will be offered about legislative and judicial lawmaking in the field of criminal justice, particularly in a time of crisis.

Jury Consideration Of Parole, Fernand N. Dutile

Journal Articles

Under our system of criminal justice, a jury faces two basic decisions: the determination of guilt and, in many cases, the selection of an appropriate penalty for the convicted. In both instances the jurors' impressions of the parole system could be crucial. For example, the jury's notion—correct or incorrect—that the defendant will be eligible for parole very quickly if sentenced to prison may cause it to compromise on the issue of guilt. In cases where the jury has discretion in setting the penalty, this notion may seduce it into selecting the death penalty over life imprisonment.

There are additional problems …

Sentencing: The Good, The Bad And The Enlightened, Rutheford B. Campbell Jr., Bill Cunningham

Kentucky Law Journal

No abstract provided.

Capital Punishment: A Model For Reform, Charles E. Glasscock

Kentucky Law Journal

No abstract provided.

Criminal Insanity Procedures In Kentucky, James Whitlow

Kentucky Law Journal

No abstract provided.

Confessions--Right To Counsel Before Trial: The Indigent Defendant, Roy Mitchell Moreland

Kentucky Law Journal

No abstract provided.

Criminal Procedure--Constitutional Limitations On Imposition Of More Severe Sentence After Conviction Upon Retrial, W. Stokes Harris Jr.

Kentucky Law Journal

No abstract provided.

Juvenile Justice - Unlawful Extrajudicial Confession Excluded Under Miranda - Testimonial In-Court Confession "Impelled" By The Admission Of The Invalid Confession Into Evidence. In Re Teters. (Cal. 1958), Edward J. Pulaski Jr.

San Diego Law Review

This recent case discusses In re Teters. (Cal. 1958).

Interstate Rendition: Rights And Remedies Of The Accused Seeking Asylum In Massachusetts, Gene R. Shreve

Articles by Maurer Faculty

The subject of Interstate Rendition is one of conspicuous unfamiliarity to the average Massachusetts lawyer. Yet, as this article indicates, the rendition hearing presents a valuable opportunity to alert defense counsel to assist the accused at a critical stage of the criminal proceeding. The author, a graduate of Harvard Law School is presently law clerk to United States District Judge Sara/h T. Hughes of the Northern District of Texas. He formerly served as Massachusetts Assistant Attorney General where he presided at numerous rendition hearings conducted by the Department of the Attorney General for the Governor.

James V. Headley: Right To Counsel For Petty Offenses

Georgia Law Review

The Court of Appeals for the Fifth Circuit in the case of James v. Headley' was confronted with the question of whether an accused is entitled to court-appointed counsel when charged only with a "petty offense," that is, an offense carrying a maximum penalty of six months in jail and/or a $500 fine. Basing its decision on the sixth amendment,the court concluded that the two appellants were entitled to have court appointed counsel. The court, in an opinion by Judge Wisdom, held that as a general proposition, there is a sixth amendment right to counsel for any defendant in a …

"Uncontrollable" Actions And The Eighth Amendment: Implications Of Powell V. Texas, Kent Greenawalt

Faculty Scholarship

No questions of criminal justice are more fundamental than the bases for imposing criminal punishment, yet the Federal Constitution says nothing explicit about them. It is, therefore, understandable that the increasing limitations imposed by constitutional interpretation upon procedures for ascertaining criminal guilt have not been accompanied by similar limits upon principles of criminal responsibility. That the difference in treatment is understandable does not, of course, necessarily mean it has been justified.

When the Court struck down a law punishing addiction in Robinson v. California in 1962, it was still unclear whether it was willing to become significantly implicated in developing …

A Goal-Oriented Model Code Of Pre-Arraignment Procedure For Wisconsin, Cyril D. Robinson

University of Michigan Journal of Law Reform

In this article we analyze the arrest chapter of the proposed code as it was substantially completed at the time the project was terminated, although it has been updated to accommodate relevant recent case law. We examine the need for guiding principles in drafting a code, the proper aims and organization of the code, the proposed provisions of the arrest chapter, and the law and practice which recommend both the principles and the provisions.

Criminal Law--Plea Bargaining, Larry Andrew Winter

West Virginia Law Review

No abstract provided.

Reflections From A Different Perspective, B. J. George Jr.

University of Michigan Journal of Law Reform

A signal fact of the 1960's is the widespread attention being paid to modernization of America's criminal law and procedure. After nearly a century of patchwork adjustments of state codes or fragmentary modification of the common law, the federal government and a great many states are moving toward new substantive codes and new codes or rules of criminal procedure. As one who has been working as a reporter in Michigan's endeavor to revise its criminal law and procedure, I have been asked to comment in a general way on Mr. Robinson's effort at reforming Wisconsin law.

The Warren Court And Criminal Procedure, A. Kenneth Pye

Michigan Law Review

On October 5, 1953, Earl Warren became Chief Justice of the United States. During the fifteen years of his tenure as Chief Justice, fundamental changes in criminal procedure have resulted· from decisions of what is popularly called "the Warren Court." There may be a legitimate difference of opinion whether these changes constitute a "criminal law revolution" or merely an orderly evolution toward the application of civilized standards to the trial of persons accused of crime. Whatever the characterization, however, there can be little doubt that the developments of the past fifteen years have unalterably changed the course of .the administration …

A Proposal To Adopt The Continental Code Of Criminal Procedure For Insanity Defenses, Charles F. Midkiff

William & Mary Law Review

No abstract provided.

Cohen: The Criminal Process In The People's Republic Of China 1949-1963: An Introduction., And Bodde & Morris: Law In Imperial China: Exemplified By 190 Ch'ing Dynasty Cases With Historical, Social, And Juridical Commentaries, Victor H. Li

Michigan Law Review

A Review of The Criminal Process in the People's Republic of China 1949-1963: An Introduction by Jerome A. Cohen, and Law in Imperial China: Exemplified by 190 Ch'ing Dynasty Cases with Historical, Social, and Juridical Commentaries by Derke Bodde and Clarence Morris

"Street Encounters" And The Constitution: Terry, Sibron, Peters, And Beyond, Wayne R. Lafave

Michigan Law Review

In light of the surfeit of law review commentary on the subject of stop and frisk, a word about what follows is in order. This Article is not intended to be a restatement or summary of the recent debate on stop and frisk. Terry and its companions have put some of the issues to rest and pushed others to the forefront, and with the resulting change in the battle lines the time is ripe for a reassessment. The concern here is with the approach taken by the Supreme Court in Terry, Sibron, and Peters, and the emphasis is …

Criminal Procedure - Discovery - Statements Of Co-Defendants In Federal Courts - United States V. Edwards 42 F.R.D. 605 (S.D.N .Y. 1967), Thomas D. Horne

William & Mary Law Review

No abstract provided.

For A Swifter Criminal Appealto Protect The Public As Well As The Accused, Albert V. Bryan

Washington and Lee Law Review

No abstract provided.

Criminal Law--Misdemeanors--Indigent's Right To Appointed Counsel, John Charles Lobert

West Virginia Law Review

No abstract provided.

Book Review Of Preludes To Gideon, George D. Horning Jr.

William & Mary Law Review

No abstract provided.

Custodial Police Interrogation In Our Nation's Capital: The Attempt To Implement Miranda, Richard J. Medalie, Leonard Zeitz, Paul Alexander

Michigan Law Review

In his attempt to define the meaning of democracy, Carl Becker, looking back to Plato's view of society, observed that "[a]ll human institutions, we are told, have their ideal forms laid away in heaven, and we do not need to be told that the actual institutions conform but indifferently to these ideal counterparts." Becker's observation may well set the perspective from which to view what occurred when the attempt was made in the District of Columbia to implement the Supreme Court's decision in Miranda v. Arizona.

The Administration Of Justice In The Wake Of The Detroit Civil Disorder Of July 1967, Michigan Law Review

Michigan Law Review

Early Sunday morning, July 23, 1967, the Detroit Police Department raided a "blind pig" at the corner of Twelfth Street and Clairmont Street. An unexpectedly large number of patrons were present at the after-hours drinking establishment, and it took the police over an hour to remove them all from the scene. The weather was warm and humid-despite the time, many people were still on the streets. A crowd of about two hundred gathered while the police were occupied with the individuals arrested in the raid. The last of the arrestees were removed shortly after 5:00 a.m. At that moment an …

The Right To Counsel In Misdemeanor Cases, John M. Junker

Washington Law Review

These then are the focal tasks of the present inquiry: first, to examine the present status of the misdemeanant's right to counsel under the Constitution; second, to evaluate possible substitutes for the felony standard; and finally, to attempt to explain the longevity of the felony standard in the face of powerful doctrinal and social forces for change. The present status, of the misdemeanant's right to appointed counsel, both in law and in fact, is detailed in the Appendix.

The Right To Counsel In Misdemeanor Cases, John M. Junker

Washington Law Review

These then are the focal tasks of the present inquiry: first, to examine the present status of the misdemeanant's right to counsel under the Constitution; second, to evaluate possible substitutes for the felony standard; and finally, to attempt to explain the longevity of the felony standard in the face of powerful doctrinal and social forces for change. The present status, of the misdemeanant's right to appointed counsel, both in law and in fact, is detailed in the Appendix.

The Jury And The Defense Of Insanity. By Rita James Simon., Allen H. Barton

Buffalo Law Review

No abstract provided.

Criminal Insanity, Arval A. Morris

Washington Law Review

Mental capacity becomes relevant to the criminal law as soon as a peace officer apprehends a person who has committed an anti-social act. Policemen, and later prosecutors, must decide whether the offender is "well" (sane), responsible for his acts, and the proper subject of criminal proceedings or whether he is "sick" (insane), not responsible for his acts, and the proper subject of civil commitment or similar process. These are threshhold questions in criminal law enforcement. If criminal processes are used, then the trial stage presents twin questions: whether an accused is capable of standing trial, and whether he was insane …