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Articles 1 - 30 of 50
Full-Text Articles in Law
Reflections From A Different Perspective, B. J. George Jr.
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.
A Goal-Oriented Model Code Of Pre-Arraignment Procedure For Wisconsin, Cyril D. Robinson
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.
A Proposal To Adopt The Continental Code Of Criminal Procedure For Insanity Defenses, Charles F. Midkiff
A Proposal To Adopt The Continental Code Of Criminal Procedure For Insanity Defenses, Charles F. Midkiff
William & Mary Law Review
No abstract provided.
The Warren Court And Criminal Procedure, A. Kenneth Pye
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 …
Criminal Law--Plea Bargaining, Larry Andrew Winter
Criminal Law--Plea Bargaining, Larry Andrew Winter
West Virginia Law Review
No abstract provided.
"Street Encounters" And The Constitution: Terry, Sibron, Peters, And Beyond, Wayne R. Lafave
"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 …
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
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
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
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
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.
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
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
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
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
The Jury And The Defense Of Insanity. By Rita James Simon., Allen H. Barton
Buffalo Law Review
No abstract provided.
The Right To Counsel In Misdemeanor Cases, John M. Junker
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 Insanity Defense And A "Jury" Experiment, Arval A. Morris
The Insanity Defense And A "Jury" Experiment, Arval A. Morris
Washington Law Review
A book review essay covering The Insanity Defense, by Abraham S. Goldstein (1967) and The Jury and the Defense of Insanity, by Rita James Simon (1967).
The Juvenile At Waiver: Is Counsel Required?, Anon
The Juvenile At Waiver: Is Counsel Required?, Anon
Washington Law Review
The petitioner was before juvenile court on charges of committing a battery. Defendant and his mother were advised of their right to counsel, but not to appointed counsel at certification, a proceeding which determines whether the juvenile court should waive jurisdiction in favor of district court. Neither defendant nor his family was financially able to employ counsel. Counsel was appointed only after the defendant had been transferred to the district court for criminal prosecution. On motion to vacate judgment and sentence on the subsequent criminal conviction, Held: An indigent juvenile offender has no right to appointed counsel in a transfer …
Criminal Insanity, Arval A. Morris
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 …
The Insanity Defense And A "Jury" Experiment, Arval A. Morris
The Insanity Defense And A "Jury" Experiment, Arval A. Morris
Washington Law Review
A book review essay covering The Insanity Defense, by Abraham S. Goldstein (1967) and The Jury and the Defense of Insanity, by Rita James Simon (1967).
Criminal Insanity, Arval A. Morris
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 …
Plea Of Self-Defense: Admissibility Of Evidence Of Deceased's Character
Plea Of Self-Defense: Admissibility Of Evidence Of Deceased's Character
Washington and Lee Law Review
No abstract provided.
Federal Procedure - Habeas Corpus - The Preliminary Doctrine - Rowe V. Peyton, 383 F.2d 709 (4th Cir. 1967)
William & Mary Law Review
No abstract provided.
The Juvenile At Waiver: Is Counsel Required?, Anon
The Juvenile At Waiver: Is Counsel Required?, Anon
Washington Law Review
The petitioner was before juvenile court on charges of committing a battery. Defendant and his mother were advised of their right to counsel, but not to appointed counsel at certification, a proceeding which determines whether the juvenile court should waive jurisdiction in favor of district court. Neither defendant nor his family was financially able to employ counsel. Counsel was appointed only after the defendant had been transferred to the district court for criminal prosecution. On motion to vacate judgment and sentence on the subsequent criminal conviction, Held: An indigent juvenile offender has no right to appointed counsel in a transfer …
Increased Sentence Upon Retrial
Defendant's Right To Inspect Investigative Files Of Law Enforcement Agencies
Defendant's Right To Inspect Investigative Files Of Law Enforcement Agencies
Washington and Lee Law Review
No abstract provided.
Post-Miranda Retrials Of Pre-Miranda Defendants
Post-Miranda Retrials Of Pre-Miranda Defendants
Washington and Lee Law Review
No abstract provided.
American Bar Association: American Bar Association Project On Minimum Standards For Criminal Justice: Standards Relating To Pleas Of Guilty (Tentative Draft), Donald J. Newman
American Bar Association: American Bar Association Project On Minimum Standards For Criminal Justice: Standards Relating To Pleas Of Guilty (Tentative Draft), Donald J. Newman
Michigan Law Review
A Review of American Bar Association Project on Minimum Standards for Criminal Justice: Standards Relating to Pleas of Guilty (Tentative Draft)
Westin: Privacy And Freedom, Stanley K. Laughlin Jr.
Westin: Privacy And Freedom, Stanley K. Laughlin Jr.
Michigan Law Review
A Review of Privacy and Freedom by Alan F. Westin
Federal Courts--Discovery--Stay Of Discovery In Civil Court To Protect Proceedings In Concurrent Criminal Action--The Pattern Of Remedies, Michigan Law Review
Federal Courts--Discovery--Stay Of Discovery In Civil Court To Protect Proceedings In Concurrent Criminal Action--The Pattern Of Remedies, Michigan Law Review
Michigan Law Review
The federal criminal discovery rules were a carefully weighed compromise between the parties' needs for information and the defendant's need for protection from inquisatorial investigation. This balance may be upset when the more liberal discovery rules in a concurrent, related civil action permit information to be obtained which is not discoverable under the criminal rules. Two recent cases, United States v. Simon and United States v. American Radiator &- Standard Sanitary Corp., illustrate the difficulty of protecting the integrity of the criminal discovery rules in such a situation.