Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

1984

Criminal Procedure

Institution
Keyword
Publication
Publication Type

Articles 1 - 30 of 72

Full-Text Articles in Law

Hunger Strikes And The State's Right To "Force Feed": Recent Australian Experience, Mark Findlay Dec 1984

Hunger Strikes And The State's Right To "Force Feed": Recent Australian Experience, Mark Findlay

Research Collection Yong Pung How School Of Law

Whether or not it is the nature of the protest itself which makes it unsuitable for resolution in a court-room situation, the case law relating to "hunger strikes" (and State's response) is both sparse and insignificant. Perhaps on the basis of its uniqueness alone, the case of Schneidas v. Corrective Services Commission(New South Wales) and Others should be of particular interest to jurists on both sides of the Irish border.


Entry To Arrest A Suspect In A Third Party's Home: Ninth Circuit Opens The Door—United States V. Underwood, 717 F.2d 482 (1983), Cert. Denied, 104 S. Ct. 1309 (1984), Sarah L. Klevit Nov 1984

Entry To Arrest A Suspect In A Third Party's Home: Ninth Circuit Opens The Door—United States V. Underwood, 717 F.2d 482 (1983), Cert. Denied, 104 S. Ct. 1309 (1984), Sarah L. Klevit

Washington Law Review

This Note examines the Supreme Court's conflicting policies and how the Underwood court resolved them. To set a framework for analyzing the case, it discusses the Supreme Court's protection of privacy rights in the home and the Court's recent limitations on the standing doctrine. The Note reviews the facts and holding of Underwood, then illustrates both the problems with the court's reasoning and those created by its decision to uphold the search. Finally, this Note suggests that the Ninth Circuit's approach in Underwood was wrong and proposes, instead, a two-step test for analyzing similar search and seizure cases. Not only …


Evitts V. Lucey, Lewis F. Powell, Jr. Oct 1984

Evitts V. Lucey, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.


Ake V. Oklaboma, Lewis F. Powell Jr. Oct 1984

Ake V. Oklaboma, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Black V. Romano, Lewis F. Powell, Jr. Oct 1984

Black V. Romano, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.


Wainwright V. Witt, Lewis F. Powell Jr. Oct 1984

Wainwright V. Witt, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Atascadero State Hospital V. Scanlon, Lewis F. Powell Jr. Oct 1984

Atascadero State Hospital V. Scanlon, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


A Comparative Look At The Reporter's Privilege In Criminal Cases: United States, Federal Republic Of Germany, And Switzerland, Jeff V. Nelson Sep 1984

A Comparative Look At The Reporter's Privilege In Criminal Cases: United States, Federal Republic Of Germany, And Switzerland, Jeff V. Nelson

BYU Law Review

No abstract provided.


The Prosecutorial Perspective: The Victim And Witness Protection Act Of 1982, William A. Kolibash Sep 1984

The Prosecutorial Perspective: The Victim And Witness Protection Act Of 1982, William A. Kolibash

West Virginia Law Review

No abstract provided.


Informants' Tips And Probable Cause: The Demise Of Aguilar-Spinelli—Illinois V. Gates, 103 S. Ct. 2317 (1983), Laura J. Buckland Jul 1984

Informants' Tips And Probable Cause: The Demise Of Aguilar-Spinelli—Illinois V. Gates, 103 S. Ct. 2317 (1983), Laura J. Buckland

Washington Law Review

The Supreme Court was expected to announce a decision in Illinois v. Gates modifying the exclusionary rule to include a "good-faith" exception. "[W]ith apologies to all," however, the Court declined to rule on that issue. The Supreme Court instead abandoned the Aguilar-Spinelli test for assessing probable cause based on information derived from informants. The Court replaced the Aguilar-Spinelli test with a "totality of the circumstances" approach, and upheld the search warrant in Gates. Gates is the first Supreme Court decision to specifically address the use of anonymous informants' tips as the probable cause basis for securing a search warrant. Gates …


Criminal Procedure—Search Warrants—The Totality Of The Circumstances Test For Determination Of Probable Cause Is Adopted, Nancy Jane Willbanks Jul 1984

Criminal Procedure—Search Warrants—The Totality Of The Circumstances Test For Determination Of Probable Cause Is Adopted, Nancy Jane Willbanks

University of Arkansas at Little Rock Law Review

No abstract provided.


Justice, Mercy, And Craziness, Stephen J. Morse Jul 1984

Justice, Mercy, And Craziness, Stephen J. Morse

All Faculty Scholarship

No abstract provided.


Cross-Racial Identification Errors In Criminal Cases, Sheri Johnson Jun 1984

Cross-Racial Identification Errors In Criminal Cases, Sheri Johnson

Cornell Law Faculty Publications

No abstract provided.


Terry Stop And Frisk Of Vehicle Occupant Extends To Passenger Compartment During Lawful Stop., Paula C. Tredeau Jun 1984

Terry Stop And Frisk Of Vehicle Occupant Extends To Passenger Compartment During Lawful Stop., Paula C. Tredeau

St. Mary's Law Journal

Abstract Forthcoming.


People Of The State Of Illinois Vs. John Gacy: The Functioning Of The Insanity Defense At The Limits Of The Criminal Law, Donald H.J. Herman, Helen L. Morrison, Yvonne Sor, Julie A. Norman, David M. Neff Jun 1984

People Of The State Of Illinois Vs. John Gacy: The Functioning Of The Insanity Defense At The Limits Of The Criminal Law, Donald H.J. Herman, Helen L. Morrison, Yvonne Sor, Julie A. Norman, David M. Neff

West Virginia Law Review

No abstract provided.


Public Opinion Of Forensic Psychiatry Following The Hinckley Verdict, Dan Slater, Valerie P. Hans May 1984

Public Opinion Of Forensic Psychiatry Following The Hinckley Verdict, Dan Slater, Valerie P. Hans

Cornell Law Faculty Publications

The authors obtained opinions of forensic psychiatry in a community survey following the not guilty by reason of insanity verdict in the Hinckley trial. A majority of respondents expressed little or no confidence in the specific psychiatric testimony in the Hinckley trial and only modest faith in the general ability of psychiatrists to determine legal insanity. Respondents' general and specific attitudes were strongly related. Younger people and women were more positive in their views of psychiatry in the courtroom.


The Principle Of Analogy In Sino-Soviet Criminal Laws, Dana Giovannetti May 1984

The Principle Of Analogy In Sino-Soviet Criminal Laws, Dana Giovannetti

Dalhousie Law Journal

"Analogy" is a principle of substantive criminal law which permits the conviction of an accused despite the absence of any defined criminal behavior.' If the actions of the accused are perceived to be inimical to the socio-political order then he may be found guilty of a defined crime which prohibits analogous behavior. Analogy may also be employed in a more restrained fashion as a principle of sentencing law. If the accused has committed a defined crime which is now perceived to be more deleterious his punishment may exceed the maximum legislatively mandated sentence. Analogy is, therefore, one method of defining …


The Applicability Of Miranda Warnings To Non-Felony Offenses: Is The Proper Standard "Custodial Interrogation" Or "Severity Of The Offense"?, Kenneth W. Gaul Apr 1984

The Applicability Of Miranda Warnings To Non-Felony Offenses: Is The Proper Standard "Custodial Interrogation" Or "Severity Of The Offense"?, Kenneth W. Gaul

University of Michigan Journal of Law Reform

This Note argues that the proper standard for determining the necessity of the Miranda warnings for any offense is the existence of custodial interrogation. When interrogation for non-felony offenses takes place in a custodial atmosphere, Miranda warnings should be required, as they are for more serious offenses. Part I summarizes the two basic approaches taken by courts that have confronted the question of the applicability of the Miranda warnings to non-felony offenses. Part Ill argues that neither the rationale for the Miranda doctrine nor the roots of the fifth amendment support a distinction based on the severity of the offense …


Probable Cause And Common Sense: A Reply To The Critics Of Illinois V. Gates, Joseph D. Grano Apr 1984

Probable Cause And Common Sense: A Reply To The Critics Of Illinois V. Gates, Joseph D. Grano

University of Michigan Journal of Law Reform

Part I of this article reviews Gates's actual holding. Although one can view much of the Court's more interesting discussion of the two-pronged test as dicta, the majority and dissenters clearly did not regard it as such. The majority and dissenters disagreed, however, not only over the appropriate hearsay test but, more fundamentally, over the nature of probable cause itself. I will argue that one must resolve this more basic disagreement before properly addressing the hearsay issue.

Part II examines probable cause from an historical perspective. In this part, I attempt to demonstrate that both the English common law …


"Seizures" Typology: Classifying Detentions Of The Person To Resolve Warrant, Grounds, And Search Issues, Wayne R. Lafave Apr 1984

"Seizures" Typology: Classifying Detentions Of The Person To Resolve Warrant, Grounds, And Search Issues, Wayne R. Lafave

University of Michigan Journal of Law Reform

This seizures typology constitutes a most important part of extant fourth amendment doctrine. The precision with which and perspective from which such classifications are drawn is obviously a matter of considerable interest to the police, who must in the first instance resolve these warrant, grounds, and search issues. It is also an appropriate subject of broader concern, as the shape of these categories has a critical bearing upon the effectiveness of our law enforcement processes and the extent of our protected liberty and privacy. The following comments are directed to this seizures typology.


The Fourth Amendment And The Control Of Police Discretion, William J. Mertens Apr 1984

The Fourth Amendment And The Control Of Police Discretion, William J. Mertens

University of Michigan Journal of Law Reform

The fourth amendment protects the security of people's "persons, houses, papers, and effects" in two distinct (if overlapping) ways. First, it requires a sufficiently weighty public interest before the government's agents are allowed to search or seize. Thus, for example, probable cause is required for arrest. Whatever uncertainty there may be in the phrase "probable cause" (and, for that matter, however indefinite the idea of "arrest" may have become), in this context, at least, the probable cause standard requires the demonstration of objective facts that point with some probability to the guilt for some particular offense of the person arrested. …


The Use Of Suppression Hearing Testimony To Impeach, Morgan G. Graham Apr 1984

The Use Of Suppression Hearing Testimony To Impeach, Morgan G. Graham

Indiana Law Journal

No abstract provided.


Hypnotically Refreshed Testimony: In Support Of The Emerging Majority And People V. Hughes, Paul G. Harnisch Apr 1984

Hypnotically Refreshed Testimony: In Support Of The Emerging Majority And People V. Hughes, Paul G. Harnisch

Buffalo Law Review

No abstract provided.


Informers Revisited: Government Surveillance Of Domestic Political Organizations And The Fourth And First Amendments, Dolores A. Donovan Apr 1984

Informers Revisited: Government Surveillance Of Domestic Political Organizations And The Fourth And First Amendments, Dolores A. Donovan

Buffalo Law Review

No abstract provided.


Introduction: Trends And Developments With Respect To That Amendment 'Central To Enjoyment Of Other Guarantees Of The Bill Of Rights', Yale Kamisar Apr 1984

Introduction: Trends And Developments With Respect To That Amendment 'Central To Enjoyment Of Other Guarantees Of The Bill Of Rights', Yale Kamisar

Articles

Seventy years ago, in the famous Weeks case,' the Supreme Court evoked a storm of controversy by promulgating the federal exclusionary rule. When, a half-century later, in the landmark Mapp case,2 the Court extended the Weeks rule to state criminal proceedings, at least one experienced observer assumed that the controversy "today finds its end." 3 But as we all know now, Mapp only intensified the controversy. Indeed, in recent years spirited debates over proposals to modify the exclusionary rule or to scrap it entirely have filled the air - and the law reviews.'


The Pretext Search Doctrine: Now You See It, Now You Don't, John M. Burkoff Apr 1984

The Pretext Search Doctrine: Now You See It, Now You Don't, John M. Burkoff

University of Michigan Journal of Law Reform

One can only hope, to put it bluntly, that the Supreme Court majority in Villamonte-Marquez did not mean what it seemed to have said. Indeed, there is some evidence that this is precisely the case. In the same Term Villamonte-Marquez was decided, the Court also decided Texas v. Brown. In Brown, the Supreme Court continued to recognize and respond to the problem of pretext searches. In other words, the Court still acts as if the pretext search doctrine remains vital, despite the apparent body blow delivered to it in Scott and Villamonte-Marquez. The remainder of this Article …


Vii. Criminal Law & Procedure Mar 1984

Vii. Criminal Law & Procedure

Washington and Lee Law Review

No abstract provided.


Testing The Limits Of The Bankruptcy Court's Exclusive Jurisdiction In Fraud Cases: Discharge Vs. Criminal Restitution, Blake Atkin Mar 1984

Testing The Limits Of The Bankruptcy Court's Exclusive Jurisdiction In Fraud Cases: Discharge Vs. Criminal Restitution, Blake Atkin

BYU Law Review

No abstract provided.


Final Judgment: My Life As A Soviet Defense Attorney, Michigan Law Review Feb 1984

Final Judgment: My Life As A Soviet Defense Attorney, Michigan Law Review

Michigan Law Review

A Review of Final Judgment: My Life as a Soviet Defense Attorney by Dina Kaminskaya


Criminal Procedure - Motion For Change Of Venue - In Search Of A Guiding Light - State V. Jerrett, Buxton Sawyer Copeland Jan 1984

Criminal Procedure - Motion For Change Of Venue - In Search Of A Guiding Light - State V. Jerrett, Buxton Sawyer Copeland

Campbell Law Review

This note will analyze the unique circumstances of Jerrett in light of the purposes for a change of venue motion and consider the precendential value, if any, of this case. In addition, the methodology employed by the court will be examined to determine if it provides a sufficient guide to the practicing attorney.