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1971

Criminal Procedure

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Full-Text Articles in Law

A Study In The Treatment Of Crime And Law Enforcement In The United States As Compared To The European Countries., George E. Glos Dec 1971

A Study In The Treatment Of Crime And Law Enforcement In The United States As Compared To The European Countries., George E. Glos

St. Mary's Law Journal

The United States holds a comparably higher crime rate than European countries in the area of homicide, aggravated assault, robbery, burglary, and incitation of riots. This article explores the differences existing in the treatment of serious crimes in the leading systems of criminal law and law enforcement. This study examines how the United States, compared with European countries, define subcategories of major crimes and establish the penalties, defenses, and the access to relief attached to each crime. Contrasted with the provisions of the various states of the United States, the European provisions are simpler and carry stiffer penalties. The object …


Primary Requirements For The Application Of The Federal Writ Of Habeas Corpus And Its Problem Areas., L. Vance Stanton Dec 1971

Primary Requirements For The Application Of The Federal Writ Of Habeas Corpus And Its Problem Areas., L. Vance Stanton

St. Mary's Law Journal

Applications for issuance of writs of habeas corpus are among the most frequently filed petitions in federal courts. The substantial number of applications may be attributed to the fact that habeas corpus can be the fastest and most effective method which the law provides to insure an individual’s liberty. However, there are still areas within its framework that are unsettled. Specifically, there are two primary unsettled problems existing in federal habeas corpus proceedings, which include the certificate of probable cause and whether the federal rules apply to habeas corpus proceedings. The primary purpose of this article is to explain the …


Juvenile Courts--Juveniles In Delinquency Proceedings Are Not Constitutionally Entitled To The Right Of Trial By Jury--Mckeiver V. Pennsylvania, Michigan Law Review Nov 1971

Juvenile Courts--Juveniles In Delinquency Proceedings Are Not Constitutionally Entitled To The Right Of Trial By Jury--Mckeiver V. Pennsylvania, Michigan Law Review

Michigan Law Review

At a hearing in the juvenile court of Philadelphia in October 1968, Joseph McKeiver was declared a "delinquent child" and placed on probation by a juvenile court judge who determined that McKeiver had violated a Pennsylvania law. The juvenile court petition charged McKeiver, then sixteen years old, with robbery, larceny, and receiving stolen goods as the result of an incident in which McKeiver and twenty or thirty other youths took twenty-five cents from three teenagers. Despite the fact that the evidence against McKeiver consisted primarily of the weak and inconsistent testimony of two of the victims, the juvenile court judge, …


Argersinger V. Hamlin, Lewis F. Powell Jr. Oct 1971

Argersinger V. Hamlin, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Sarno V. Illinois Crime Investigating Commission, Lewis F. Powell Jr. Oct 1971

Sarno V. Illinois Crime Investigating Commission, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Kastigar V. United States, Lewis F. Powell, Jr. Oct 1971

Kastigar V. United States, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.


United States V. Brewster, Lewis F. Powell Jr. Oct 1971

United States V. Brewster, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Shadwick V. Tampa, Lewis F. Powell Jr. Oct 1971

Shadwick V. Tampa, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Apodoca V. Oregon, Lewis F. Powell, Jr. Oct 1971

Apodoca V. Oregon, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.


Kirby V. Illinois, Lewis F. Powell Jr. Oct 1971

Kirby V. Illinois, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Kois V. Wisconsin, Lewis F. Powell Jr. Oct 1971

Kois V. Wisconsin, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Criminal Procedure—Juveniles: Retroactive Application Of In Re Gault Denied In Washington—Brumley V. Charles Denny Juvenile Center, 77 Wn.2d 702, 466 P.2d 481 (1970), Anon Oct 1971

Criminal Procedure—Juveniles: Retroactive Application Of In Re Gault Denied In Washington—Brumley V. Charles Denny Juvenile Center, 77 Wn.2d 702, 466 P.2d 481 (1970), Anon

Washington Law Review

Genevieve Fay Brumley was adjudged a delinquent child by the juvenile court of Snohomish County on December 12, 1966 after she admitted telephoning bomb threats to local schools. Present at the adjudicatory hearing were court personnel, her parents, a welfare caseworker, a probation officer, and a policeman. She was not represented by counsel. During her subsequent incarceration, the United States Supreme Court extended the right to counsel to juvenile proceedings in In re Gault. In August of 1968, Miss Brumley petitioned the superior court for a writ of habeas corpus, contending that the Gault decision required a reversal of her …


Can We Afford To Provide Trial Counsel For The Indigent In Misdemeanor Cases?, Junius L. Allison, Jack L. Phelps Oct 1971

Can We Afford To Provide Trial Counsel For The Indigent In Misdemeanor Cases?, Junius L. Allison, Jack L. Phelps

William & Mary Law Review

No abstract provided.


Traditional Criminal Procedure In Ethiopia, Stanley Z. Fisher Oct 1971

Traditional Criminal Procedure In Ethiopia, Stanley Z. Fisher

Faculty Scholarship

In the decade 1955-1965 the Ethiopian government completely revolutionized its legal system by promulgating comprehensive legal codes and a new constitution. These laws have a predominantly Western flavor, and seem to bear little relation to the traditional patterns of life which still prevail in the Empire-one of the least "developed" areas of Africa. This state of affairs has led some to characterize the new codes as "fantasy law," which may serve to put a modern "face" on the country but, at least for some time to come, will not have any serious impact on the conduct of its affairs.


The Federal Rules Of Criminal Procedure And Joint Searches Sep 1971

The Federal Rules Of Criminal Procedure And Joint Searches

Washington and Lee Law Review

No abstract provided.


Criminal Law--Indigent's Payment For Depositions, Joseph Wagoner Sep 1971

Criminal Law--Indigent's Payment For Depositions, Joseph Wagoner

West Virginia Law Review

No abstract provided.


Prior Convictions As Impeaching Evidence Sep 1971

Prior Convictions As Impeaching Evidence

Washington and Lee Law Review

No abstract provided.


Invoking Summary Criminal Contempt Procedures--Use Of Abuse? United States V. Dellinger --The "Chicago Seven" Contempts, Michigan Law Review Aug 1971

Invoking Summary Criminal Contempt Procedures--Use Of Abuse? United States V. Dellinger --The "Chicago Seven" Contempts, Michigan Law Review

Michigan Law Review

In late August of 1968, while delegates to the Democratic National Convention were arriving in Chicago, a group of several thousand demonstrators gathered in the city's Lincoln Park to protest the Convention, the Vietnam War, and the city's refusal to grant the group a permit to hold rallies and marches during the Convention. The week that followed was marred by violent confrontations between the demonstrators and the city's police.1 This violence in Chicago provided the impetus for an indictment by a federal grand jury of the defendants in United States v. Dellinger.


Indians—Criminal Procedure: Habeas Corpus As An Enforcement Procedure Under The Indian Civil Rights Act Of 1968, 25 U.S.C. §§ 1302-1303, Anon May 1971

Indians—Criminal Procedure: Habeas Corpus As An Enforcement Procedure Under The Indian Civil Rights Act Of 1968, 25 U.S.C. §§ 1302-1303, Anon

Washington Law Review

The Indian Civil Rights Act, Title II of the Civil Rights Act of 1968, extended portions of the Bill of Rights to individual Indians as against their tribal governments and provided federal habeas corpus relief to review alleged violations of these rights. The Indian Bill of Rights marked the culmination of a complete reversal in federal recognition of Indian constitutional rights. Until 1965 federal courts had recognized Indian tribes as quasi-sovereign entities. Individual Indians were guaranteed their constitutional rights in relations with federal and state governments, but not with their tribal governments. The only rights Indian governments recognized when dealing …


Criminal Law--Speedy Trial--The Three Term Rule, Stephen P. Swisher May 1971

Criminal Law--Speedy Trial--The Three Term Rule, Stephen P. Swisher

West Virginia Law Review

No abstract provided.


Habeas Corpus--Applicability Of Doctrine Of Res Judicata May 1971

Habeas Corpus--Applicability Of Doctrine Of Res Judicata

West Virginia Law Review

No abstract provided.


Double Jeopardy And Dual Sovereignty: The Impact Of Benton V. Maryland On Successive Prosecution For The Same Offense By State And Federal Governments, Richard D. Boyle Apr 1971

Double Jeopardy And Dual Sovereignty: The Impact Of Benton V. Maryland On Successive Prosecution For The Same Offense By State And Federal Governments, Richard D. Boyle

Indiana Law Journal

No abstract provided.


Criminal Procedure—Constitutional Right To Counsel In Parole Revocation Hearing, Clarence J. Sundram Apr 1971

Criminal Procedure—Constitutional Right To Counsel In Parole Revocation Hearing, Clarence J. Sundram

Buffalo Law Review

People ex rel. Menechino v. Warden, Greenhaven State Prison, 27 N.Y.2d 376, 267 N.E.2d 238, 318 N.Y.S.2d 449 (1971).


The Effect Of The New York Criminal Procedure Law Upon The Treatment Of The Mentally Incompetent Defendant, Paul A. Battaglia Apr 1971

The Effect Of The New York Criminal Procedure Law Upon The Treatment Of The Mentally Incompetent Defendant, Paul A. Battaglia

Buffalo Law Review

No abstract provided.


Criminal Law—Exclusionary Rule Held Not Applicable To Identification Testimony Of Known Witness Made Possible By Lead Resulting From Illegal Search In Investigation Of Unrelated Crime., Howard J. Levine Apr 1971

Criminal Law—Exclusionary Rule Held Not Applicable To Identification Testimony Of Known Witness Made Possible By Lead Resulting From Illegal Search In Investigation Of Unrelated Crime., Howard J. Levine

Buffalo Law Review

Lockridge v. Superior Court, 3 Cal. 3d. 166, 474 P.2d 683, 89 Cal. Rptr. 731 (1970).


Criminal Law—Voluntary Admissions Held Admissible Even Though Obtained By Means Of Interrogation In Absence Of Counsel., Bernard M. Brodsky Apr 1971

Criminal Law—Voluntary Admissions Held Admissible Even Though Obtained By Means Of Interrogation In Absence Of Counsel., Bernard M. Brodsky

Buffalo Law Review

People v. Robles, 27 N.Y.2d 155, 263 N.E.2d 304, 314 N.Y.S.2d 793 (1970).


Criminal Procedure--Self-Incrimination--Harmless Error--Application Of The Harmless Error Doctrine To Violations Of Miranda: The California Experience, Michigan Law Review Apr 1971

Criminal Procedure--Self-Incrimination--Harmless Error--Application Of The Harmless Error Doctrine To Violations Of Miranda: The California Experience, Michigan Law Review

Michigan Law Review

Using decisions of the appellate courts of California that have applied the federal harmless error rule to violations of Miranda v. Arizona and Escobedo v. Illinois, this Note will examine the logic and effects of the California application. However, the California experience can only be understood by first briefly describing the United States Supreme Court's decisions regarding harmless constitutional error and then showing the approaches taken by other states in their application of the harmless error rule to Miranda violations. Not only will this analysis put the California experience in its proper perspective, but it will also show the …


Recent Cases, Law Review Staff Mar 1971

Recent Cases, Law Review Staff

Vanderbilt Law Review

Administrative Law--Judicial Review of SEC Decisions--No-Action Letter Under Commission's Proxy Rules Procedures Has Sufficient Finality and Formality to be Reviewable

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Creditors' Rights--Section 77 Railroad Reorganization--Federal Priority Under Section 191 Denied; Interline Balance Claims Granted Priority Under Equitable Six-Months Rule

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Criminal Procedure --Breach of the Peace--State Peace Bond Statute Establishes Criminal Proceedings and Must Satisfy Requirements of Due Process and Equal Protection Clauses

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Criminal Procedure--Presumption of Innocence--Cautionary Instruction to Jury that Presumption of Innocence is Not Intended To Aid the Guilty To Escape is Not Misleading or Erroneous

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Landlord and Tenant Law--Warranty of Habitability Implied by Law …


Discovery Of Witness Identity Under Preliminary Proposed Federal Criminal Rule 16, Robert R. Kaplan Mar 1971

Discovery Of Witness Identity Under Preliminary Proposed Federal Criminal Rule 16, Robert R. Kaplan

William & Mary Law Review

No abstract provided.


The Exclusionary Rule Is Not Applicable In A Parole Revocation Proceeding., Edward Raymond Woolery-Price Mar 1971

The Exclusionary Rule Is Not Applicable In A Parole Revocation Proceeding., Edward Raymond Woolery-Price

St. Mary's Law Journal

Abstract Forthcoming.