Law Commons^™

An Evidence Code: The American Experience, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

Professor Paul Rothstien's opening address at the Conference on Current Trends in Evidence, Dalhousie University, 26th November 1976.

Rothstein discusses the American Evidence Code, the American experience with it, and compares it to a proposed Code that Canada is considering.

Florida's Incompetency-To-Stand Trial Rule: A Possible Life Sentence?, Frank A. Vickory

Florida State University Law Review

No abstract provided.

Explanatory Surplusage In An Indictment Is Not Subject To Amendment., John R. Brantley

St. Mary's Law Journal

Abstract Forthcoming.

The Omnibus Hearing: Benefit Or Burden For State Courts?, Joel J. Fryer

Mercer Law Review

The inefficiency of the criminal justice system has come to be recognized by judicial reformers as a major problem that has been exacerbated by the expansion of the rights of defendants. During the past 15 years, largely in response to U.S. Supreme Court decisions attempting to insure due process and promote fairness, trial courts have had to accommodate not only the resultant changes in criminal practice and procedure but also the increased caseload caused by defendants' assertion of constitutional rights which have been recently articulated and guaranteed. The recognition that the burden placed on courts must not be so great …

'Materiality' Limits Prosecutors' Duty To Disclose Exculpatory Evidence To Defense, James K. Knight Jr.

Mercer Law Review

In United States v. Agurs, the U.S. Supreme Court held for the first time that criminal prosecutors have a constitutional duty to voluntarily disclose exculpatory evidence to a defendant even when the defense doesn't request such evidence. The Court, however, limited the scope of this new obligation by narrowly defining the category of material evidence to which it applies. It held that the duty arises only when the exculpatory evidence is so material that had it been disclosed, its use at trial would have created a reasonable doubt of the defendant's guilt that did not otherwise exist.

Respondent Agurs …

Recent Cases, Theodore Brown, Jr., Janet R. Necessary

Vanderbilt Law Review

Responding to an increase in the number of habeas corpus petitions filed by federal prisoners in the district courts whose jurisdictions included federal prisons,, Congress in 1948 enacted 28 U.S.C. § 2255.1 The statute's purpose is to provide federal prisoners with an expeditious remedy for correcting erroneous sentencing without resort to habeas corpus.' In an effort to restrict the number of evidentiary hearings required, section 2255 provides for denial of petitions in which the motion, files, and records of the case conclusively demonstrate that the prisoner is entitled to no relief." Since approximately two-thirds of all federal criminal prosecutions are …

A Review Of The Presentence Diagnostic Study Procedure In North Carolina, Charles E. Smith

North Carolina Central Law Review

No abstract provided.

Williams V. State, 316 So. 2d 267 (Fla. 1975), Richard W. Epstein

Florida State University Law Review

Criminal Law- GUILTY PLEAS- FACTUAL BASIS DETERMINATION NOT MANDATORY WHEN A COURT ACCEPTS A PLEA OF GUILTY OR NOLO CONTENDERE.

Craig V. Boren, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Brewer V. Williams, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Santa Fe Industries, Inc. V. Green, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Castaneda V. Partida, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Plea Bargaining, Decision Theory, And Equilibrium Models: Part Ii, Stuart S. Nagel, Marian Neef

Indiana Law Journal

No abstract provided.

The Criminal Justice Act - 1964 To 1976, Dudley B. Bonsal

Indiana Law Journal

Colloquium: The Federal Judiciary: Essays from the Bench

Self-Incrimination In The Military Justice System, Randall R. Riggs

Indiana Law Journal

United States Court of Military Appeals: A Review of the 1975-76 Term.

Criminal Law—Affirmative Defenses In The Washington Criminal Code—The Impact Of Mullaney V. Wilbur, 421 U.S. 684 (1975), Pamela Cowan

Washington Law Review

A Maine jury found Stillman E. Wilbur, Jr., guilty of murder after the prosecution's proof of two elements: (1) that the homicide was unlawful, and (2) that it was intentional. Wilbur offered no evidence on his behalf to negate or otherwise refute the state's case other than his statement that he attacked the deceased in a frenzy provoked by a homosexual advance. The trial judge instructed the jury that if the prosecution established the above two elements, malice aforethought was to be conclusively inferred, unless the defendant proved by a fair preponderance of the evidence that he had acted in …

Domestic Intelligence Informants, The First Amendment And The Need For Prior Judicial Review, Martin L. Perschetz

Buffalo Law Review

No abstract provided.

Rape Shield Laws: Some Constitutional Problems, David S. Rudstein

William & Mary Law Review

No abstract provided.

English Natural Justice And American Due Process: An Analytical Comparison, Frederick F. Shauer

William & Mary Law Review

No abstract provided.

Expanding Criminal Procedural Rights Under State Constitutions

Washington and Lee Law Review

No abstract provided.

A Jury Of One's Peers, Lewis H. Larue

Washington and Lee Law Review

No abstract provided.

"A Most Deplorable Paradox": Admitting Illegally Obtained Evidence In Georgia--Past, Present, And Future, Donald E. Wilkes Jr.

Scholarly Works

This Article explores the admissibility of illegally obtained evidence in Georgia criminal cases prior to 1961 and during the post-Mapp era and endeavors to assess the future admissibility of illegally seized evidence in Georgia under both federal and state law.

Prisoner Correspondence With Courts, Prosecuting Attorneys, Probation And Parole Officers, Governmental Agencies, Lawyers, And The Press Is Subject To Constitutional Protections Which Limit Regulation By Prison Officials., Barry Paul Hitchings

St. Mary's Law Journal

Abstract Forthcoming.

Plea Bargaining, Decision Theory, And Equilibrium Models: Part I, Stuart S. Nagel, Marian Neef

Indiana Law Journal

No abstract provided.

Criminal Law--Due Process--Burden Is On The State To Affirmatively Prove Lack Of License In Prosecution For Carrying Pistol Without A License, Robert V. Rodatus

Mercer Law Review

No abstract provided.

Criminal Law--Criminal Responsibility--A Pragmatic Approach To The Fourth Circuit, Michael Frank Pezzulli

West Virginia Law Review

No abstract provided.

Survey Of Developments In West Virginia Law: 1975-1976, Lloyd George Jackson Ii, John Burdick Koch, Alan Dale Moats, Thomas A. Vorbach

West Virginia Law Review

No abstract provided.

The Speedy Trial Act - Justice On The Assembly Line., Thomas Black

St. Mary's Law Journal

Abstract Forthcoming.

Withdrawal Of The Plea Of Guilty Upon A Decision By The Judge Not To Accept The Plea Agreement., Frank A. Porter

St. Mary's Law Journal

Abstract Forthcoming.

Acquittal Of The Guilty, Alec Samuels

Dalhousie Law Journal

Every acquittal is an injustice. Either a guilty man has escaped conviction, or an innocent man has been subjected to false accusation, with all the accompanying worry, anxiety, publicity, humiliation, perhaps detention, probably expense. Some of the difficulties undoubtedly spring from the adversary system, a system evolved in the eighteenth and nineteenth centuries to meet the then contemporary problems. It is a system with certain inherent inefficiencies and ineffectivenesses, a system designed to ascertain whether the prosecution has proved an allegation against D the defendant beyond all reasonable doubt and not designed to ascertain the truth of the incident in …