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Articles 11251 - 11280 of 12076
Full-Text Articles in Law
The "Custody" Requirement For Habeas Corpus - Allen V. United States Martin V. Virginia
The "Custody" Requirement For Habeas Corpus - Allen V. United States Martin V. Virginia
Maryland Law Review
No abstract provided.
The Degree Of Nondisclosed Evidence Sufficiently Exculpatory To Constitute A Denial Of Due Process - State V. Giles
Maryland Law Review
No abstract provided.
To Kill A Mockingbird - Stare Decisis And M'Naghten In Maryland, Kenneth L. Lasson
To Kill A Mockingbird - Stare Decisis And M'Naghten In Maryland, Kenneth L. Lasson
Maryland Law Review
No abstract provided.
Constitutional Ramifications Of The Police Lineup, Thomas Edward Byrne, Marc B. Kaplin, Walter John Taggart
Constitutional Ramifications Of The Police Lineup, Thomas Edward Byrne, Marc B. Kaplin, Walter John Taggart
Villanova Law Review (1956 - )
No abstract provided.
The Uncertain Rules Of Timeliness In Petitions For The Writ Of Habeas Corpus, Edwin M. Goldsmith Iii
The Uncertain Rules Of Timeliness In Petitions For The Writ Of Habeas Corpus, Edwin M. Goldsmith Iii
Villanova Law Review (1956 - )
No abstract provided.
Acquittal Of Reckless Driving Does Not Bar Prosecution For Vehicular Homicide, Anon
Acquittal Of Reckless Driving Does Not Bar Prosecution For Vehicular Homicide, Anon
Washington Law Review
After being involved in a fatal automobile collision, defendant was charged by information, in a court of limited jurisdiction, with the misdemeanor of reckless driving. Trial by a three judge panel resulted in acquittal. Subsequently, an indictment was returned by county grand jury charging defendant with vehicular homicide, a felony requiring proof of driving in a "reckless or culpably negligent manner, whereby a human being is killed." Defendant contended that the prosecution for vehicular homicide would subject him to double jeopardy. The Appellate Division of the New York Supreme Court granted an order prohibiting the trial, agreeing that it would …
Arrest: The Decision To Take A Suspect Into Custody, By Wayne La Fave, Donald L.A. Kerson
Arrest: The Decision To Take A Suspect Into Custody, By Wayne La Fave, Donald L.A. Kerson
Indiana Law Journal
No abstract provided.
Recent Cases
University of Richmond Law Review
This is a summary of the case law from 1966.
Right To Counsel In Criminal Cases, Edward T. Haggins
Right To Counsel In Criminal Cases, Edward T. Haggins
Cleveland State Law Review
"The right to be heard would be, in many cases, of little avail if it did not comprehend the right to be heard by counsel. Even the intelligent and educated layman has small and sometimes no skill in the science of law... He requires the guiding hand of counsel at every step of the proceedings against him." These words, written in 1932 by Mr. Justice Sutherland for the majority in the famous case of Powell v. Alabama underline the fundamental right of a defendant in American criminal proceeding to have the assistance of counsel.
American Bar Association Section Of Antitrust Law: Jury Instructions In Criminal Antitrust Cases, Ralph M. Carson
American Bar Association Section Of Antitrust Law: Jury Instructions In Criminal Antitrust Cases, Ralph M. Carson
Michigan Law Review
A Review of Jury Instructions in Criminal Antitrust Cases by The American Bar Association Section of Antitrust Law
The Supreme Court And Criminal Procedure, Edward S. Northrop
The Supreme Court And Criminal Procedure, Edward S. Northrop
Maryland Law Review
No abstract provided.
A Test For Retroactivity In Criminal Cases - Schowgurow V. State
A Test For Retroactivity In Criminal Cases - Schowgurow V. State
Maryland Law Review
No abstract provided.
A Dissent From The Miranda Dissents: Some Comments On The 'New' Fifth Amendment And The Old 'Voluntariness' Test, Yale Kamisar
A Dissent From The Miranda Dissents: Some Comments On The 'New' Fifth Amendment And The Old 'Voluntariness' Test, Yale Kamisar
Articles
F the several conferences and workshops (and many lunch conversations) on police interrogation and confessions in which I have participated this past summer3 are any indication, Miranda v. Arizona' has evoked much anger and spread much sorrow among judges, lawyers and professors. In the months and years ahead, such reaction is likely to be translated into microscopic analyses and relentless, probing criticism of the majority opinion. During this period of agonizing appraisal and reappraisal, I think it important that various assumptions and assertions in the dissenting opinions do not escape attention.
Has The Court Left The Attorney General Behind? The Bazelon-Katzenbach Letters On Poverty, Equality, And The Administration Of Criminal Justice, Yale Kamisar
Articles
Distribution of the first preliminary draft of the proposed American Law Institute Model Code of Pre-Arraignment Procedure last June touched off a brisk exchange of letters between Chief Judge David Bazelon of the United States Court of Appeals for the District of Columbia Circuit, who maintained that the proposed code left a good deal to be desired, and Attorney General Nicholas deB. Katzenbach, who, although he did not explicitly treat any provision of the preliminary draft, sharply challenged the conception of equality underlying Bazelon's criticism of it. By now, both the code, and the Bazelon-Katzenbach correspondence which it evoked, are …
In Defense Of Capital Punishment, R. Rees Kinney
In Defense Of Capital Punishment, R. Rees Kinney
Kentucky Law Journal
No abstract provided.
Constitutional Law--Criminal Procedure--Right To Effective Assistance Of Counsel, Paul F. Guthrie
Constitutional Law--Criminal Procedure--Right To Effective Assistance Of Counsel, Paul F. Guthrie
Kentucky Law Journal
No abstract provided.
Constitutional Law--Criminal Procedure--Right To Counsel On Appeal, Laura L. Murrell
Constitutional Law--Criminal Procedure--Right To Counsel On Appeal, Laura L. Murrell
Kentucky Law Journal
No abstract provided.
Involuntary Confessions And Article 35, Criminal Procedure Code, Stanley Z. Fisher
Involuntary Confessions And Article 35, Criminal Procedure Code, Stanley Z. Fisher
Faculty Scholarship
Improper methods of police interrogation are known to every country in the world. And everywhere, it is agreed that an accused's confession of guilt which has been procured through physical violence, psychological intimidation, or improper inducements or promises cannot be considered in evidence against him at trial. The primary reason why involuntary confessions are excluded from evidence is that they are unreliable indices of truth; men have been known to admit crimes of which they are innocent, simply to escape the pain of torture or to obtain an irresistible benefit.
Some Aspects Of Ethiopian Arrest Law: The Eclectic Approach To Codification, Stanley Z. Fisher
Some Aspects Of Ethiopian Arrest Law: The Eclectic Approach To Codification, Stanley Z. Fisher
Faculty Scholarship
The Criminal Procedure Code of 1961 is one of Ethiopia's most recent codes, and one of the least "developed" in terms of published commentary and reported cases. In contrast to the "introduced" and "explained" Penal and Civil Codes, the Criminal Procedure Code has apparently been disowned by its drafters, none of whom have written a word of commentary on it. Its origins remain obscure, and at first glance it is difficult to see which, if any, "system" was its inspiration. In fact, it seems, the Code has roots in no single system, nor even in any single "family" of systems. …
Lafave: Arrest: The Decision To Take A Suspect Into Custody, B. J. George Jr.
Lafave: Arrest: The Decision To Take A Suspect Into Custody, B. J. George Jr.
Michigan Law Review
A Review of The Decision To Take a Suspect Into Custody by Wayne R. LaFave
Norris: A Casebook Of Complete Criminal Trials, Otis J. Smith
Norris: A Casebook Of Complete Criminal Trials, Otis J. Smith
Michigan Law Review
A Review of A Casebook of Complete Criminal Trials by Harold Norris
Legal History In The High Court--Habeas Corpus, Dallin H. Oaks
Legal History In The High Court--Habeas Corpus, Dallin H. Oaks
Michigan Law Review
Ever since Chief Justice Marshall declared that courts could resort to the common law to determine what Congress meant by the term "habeas corpus" in a federal statute, the history of this venerable remedy has played an important role in the Supreme Court. Over the years, however, courts have moved away from using the writ of habeas corpus for its historic functions of eliciting the cause of commitment and compelling adherence to prescribed procedures in advance of trial until today it has become primarily a means by which one court of general jurisdiction exercises post-conviction review over the judgment of …
Criminal Law And Procedure, Henry Paul Monaghan
Criminal Law And Procedure, Henry Paul Monaghan
Faculty Scholarship
§12.1 Introduction. The recent decisions of the United States Supreme Court in the area of criminal procedure have begun to have a considerable impact upon litigation in the Massachusetts courts; indeed, for at least the second successive year the major emphasis of the Supreme Judicial Court's criminal law opinions centered upon considerations of "criminal due process." On the whole, the Court demonstrated an admirable concern for protecting the requirements of a fair trial. However, in at least two significant areas its decisions are open to considerable question: (1) in a series of opinions the Court confined the admittedly unclear …
The Winds Of Change: Criminal Procedure In New York 1941-1965, Monrad G. Paulsen
The Winds Of Change: Criminal Procedure In New York 1941-1965, Monrad G. Paulsen
Buffalo Law Review
No abstract provided.
Criminal Procedure—Right To Assigned Counsel Now Available To Misdemeanants Tried In Special Sessions Courts, David A. Grzywna
Criminal Procedure—Right To Assigned Counsel Now Available To Misdemeanants Tried In Special Sessions Courts, David A. Grzywna
Buffalo Law Review
People v. Witenski, 15 N.Y.2d 392, 207 N.E.2d 358, 259 N.Y.S.2d 413 (1965).
Limiting Instructions In Joint Criminal Trials
Limiting Instructions In Joint Criminal Trials
Washington and Lee Law Review
No abstract provided.
Arraignment, Pre-Trial Motions, And Pleas In Virginia
Arraignment, Pre-Trial Motions, And Pleas In Virginia
Washington and Lee Law Review
No abstract provided.
Appointed Counsel In Criminal Prosecutions: A Study Of Indigent Defense, Ronald L. Carlson
Appointed Counsel In Criminal Prosecutions: A Study Of Indigent Defense, Ronald L. Carlson
Scholarly Works
Attorney Carlson surveyed Iowa for the American Bar Association's study of the defense of indigent accused persons, and in this Article the results of that study are disclosed. The author sets forth recent constitutional developments involving appointments of counsel in criminal cases, then reviews criminal procedure and practice as it relates to the indigent. Survey techniques utilized in the study are revealed, and the responses obtained from jurists, prosecutors, and defense attorneys throughout the jurisdiction are detailed. Finally, he advances recommendations to assist in meeting the challenge of justice for the poor.
Criminal Law—Constitutional Law—Search And Seizure—Admissibility Of Evidence Incident To Arrest, Anon
Criminal Law—Constitutional Law—Search And Seizure—Admissibility Of Evidence Incident To Arrest, Anon
Washington Law Review
Defendant was riding as a guest in a car when Seattle police stopped the car and arrested the driver for twice turning without signaling and for failure to produce a valid driver's license. Defendant and the other passengers in the automobile were also arrested and taken to jail. The car was impounded. A search of the car the next day, accomplished without a search warrant, disclosed two revolvers hidden under the dash. At defendant's subsequent trial on robbery charges, the revolvers were admitted in evidence despite defendant's motion to suppress and objection. The trial court ruled that, although defendant's arrest …
Constitutional Law--The Scope Of The Escobedo Rule, Lester Clay Hess Jr.
Constitutional Law--The Scope Of The Escobedo Rule, Lester Clay Hess Jr.
West Virginia Law Review
No abstract provided.