Constitutional Law Commons^™

State Constitutional Guarantees And Protection Of Defendants' Rights: The Case Of New York, 1960-1978, Peter J. Galie

Buffalo Law Review

No abstract provided.

Ordered Liberty: Cardozo And The Constitution, John T. Noonan Jr.

Cardozo Law Review

No abstract provided.

Multiple Representation And Conflicts Of Interest In Criminal Cases, Peter W. Tague

Georgetown Law Faculty Publications and Other Works

Conflicts of interest resulting from multiple representation in criminal cases impose heavy burdens on all the participants in the criminal justice system. Although the Supreme Court in Holloway v. Arkansas refused to hold that joint representation is unconstitutional per se, it recently approved Proposed Rule of Criminal Procedure 44(c), which would require trial courts to protect a defendant's right to counsel in this situation. After discussing the current approaches of the courts to the problems presented by joint representation, Professor Tague analyzes the proposed rule. He criticizes the proposed rule for its failure to define the role of the trial …

Due Process And Parole Revocation, Michigan Law Review

Michigan Law Review

In Morrissey, the Court set the level of due process needed in parole revocations. Specifically, it held that the parolee facing •revocation has a right (a) to receive written notice of the claimed parole violations; (b) to hear the evidence against him; (c) to be heard in person and to present witnesses and documentary evidence; (d) to confront and cross-examine adverse witnesses (unless the hearing officer specifically finds good cause for not allowing the confrontation); (e) to have a neutral and detached hearing body, members of which need not be judicial officers or lawyers; and (f) to be given …

Michigan V. Defillippo, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Duren V. Missouri, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Smith V. Maryland, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Jackson V. Virginia, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Dunaway V. New York, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

An Equitable Treatment Of Unauthorized Prosecutorial Promises Of Immunity, Sherry Perkins Bartley

University of Arkansas at Little Rock Law Review

No abstract provided.

Criminal Procedure-Double Jeopardy-Government's Right To Appeal A Midtrial Dismissal- United States V. Scott

BYU Law Review

No abstract provided.

A Step Toward Uniformity: Review Of Life Sentences In Capital Cases, Ron Bergwerk

Florida State University Law Review

No abstract provided.

Bordenkircher V. Hayes: Prosecutorial Discretion During Plea Bargaining, Alan M. Wishnoff

Buffalo Law Review

No abstract provided.

Recent Cases, Daniel P. Smith, R. Michael Moore

Vanderbilt Law Review

Courts Split on the Necessity of Separate Authorization for a Covert Entry Under Title III of the Omnibus Crime Control and Safe Streets Act of 1968

Daniel Paul Smith

Title III of the Omnibus Crime Control and Safe Streets Act of 1968,' which regulates the use of electronic surveillance, was designed to protect "the privacy of wire and oral communications,"and to delineate "on a uniform basis the circumstances and conditions under which the interception of wire and oral communications may be authorized."' In general, communications may be intercepted only by law enforcement officers, who are engaged in the investigation of …

Weatherford V. Bursey, George Robert Dittrich

University of Arkansas at Little Rock Law Review

No abstract provided.

Preventive Detention And Equal Protection Of The Law In Texas., Mark Stevens

St. Mary's Law Journal

Abstract Forthcoming.

Constitutional Law - Corrections - Prisoners' Constitutional Right Of Access To Courts Imposes Duty On State To Provide Prison Law Libraries, Amanda M. Shaw

Villanova Law Review (1956 - )

No abstract provided.

Criminal Procedure - Due Process Is Not Violated When Prosecutor Carries Out Threat To Bring Increased Charges After Defendant Refuses To Plead Guilty During Plea Bargaining Session, Catherine N. Jasons

Villanova Law Review (1956 - )

No abstract provided.

Federal Habeas Corpus And Ineffective Representation Of Counsel: The Supreme Court Has Work To Do, Peter W. Tague

Georgetown Law Faculty Publications and Other Works

The availability of federal habeas corpus relief for state criminal defendants has always borne a complex relationship to state rules barring defendants from litigating constitutional claims in state court because of procedural defaults in raising those claims. The Warren Court's landmark attempt to resolve this relationship was the 1963 decision in Fay v. Noia, which asserted that a state procedural forfeiture rule could not bar federal habeas review of a constitutional claim unless the defendant had "deliberately bypassed" the procedural opportunity to raise the claim; the Court defined "deliberate bypass" in terms of a defendant's intentional and voluntary relinquishment of …

The Unprivileged Status Of The Fifth Amendment Privilege, Mark Berger

Faculty Works

No abstract provided.

Brewer V. Williams, Massiah And Miranda: What Is 'Interrogation'? When Does It Matter?, Yale Kamisar

Articles

On Christmas Eve, 1968, a ten-year-old girl, Pamela Powers, disappeared while with her family in Des Moines, Iowa.2 Defendant Williams, an escapee from a mental institution and a deeply religious person, 3 was suspected of murdering her, and a warrant was issued for his arrest.4 Williams telephoned a Des Moines lawyer, McKnight, and on his advice surrendered himself to the Davenport, Iowa, police.5 Captain Learning and another Des Moines police officer arranged to drive the 160 miles to Davenport, pick up Williams, and return him directly to Des Moines. 6 Both the trial court 7 and the federal district court8 …

The Supreme Court, Warrantless Searches, And Exigent Circumstances, Richard A. Williamson

Faculty Publications

No abstract provided.

Ballew V. Georgia, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Survey Of Develpoments In West Virginia Law: 1977, Joseph W. Bowman, Thomas Evans, Janet Archer Goodwin, Laura Jane Kelly, Kenneth E. Tawney

West Virginia Law Review

No abstract provided.

Away From Waiver: A Rationale For The Forfeiture Of Constitutional Rights In Criminal Procedure, Peter Westen

Michigan Law Review

Ten years ago, when I was a student in law school, I learned that it was difficult for a criminal defendant to lose completely his right to assert constitutional defenses. The only way he could relinquish his constitutional defenses, I was told, was by actually "waiving" them. Moreover, in order to establish that a defendant had waived his defenses, the state faced a rigorous test: it had to show, in the famous phrase, that his waiver was "knowing, intelligent, and voluntary." In other words, before the state could permanently prevent a defendant from asserting constitutional defenses, it had to show …

Survey Of Developments In West Virginia Law: 1976

West Virginia Law Review

No abstract provided.

Stone V. Powell: Scope Of Habeas Corpus Restricted, 10 J. Marshall J. Of Prac. & Proc. 401 (1977), Thomas M. Kilbane Jr.

UIC Law Review

No abstract provided.

Competency To Stand Trial In Federal Courts: Conceptual And Constitutional Problems, William T. Pizzi

Publications

No abstract provided.

Foreword: Brewer V. Williams--A Hard Look At A Discomfiting Record, Yale Kamisar

Articles

In recent decades, few matters have split the Supreme Court, troubled the legal profession, and agitated the public as much as the police interrogation-confession cases. The recent case of Brewer v. Williams3 is as provocative as any, because the Supreme Court there revdrsed the defendant's conviction for the "savage murder of a small child" even though no Justice denied his guilt,4 he was warned of his rights no fewer than five times, 5 and any "interrogation" that might have occurred seemed quite mild.6

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.