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Articles 2941 - 2970 of 3077

Full-Text Articles in Constitutional Law

Do Police Sometimes Practice 'Civil Disobedience', Too?, Yale Kamisar Jan 1968

Do Police Sometimes Practice 'Civil Disobedience', Too?, Yale Kamisar

Articles

In a recent address, Mr. Joseph J. Casper, Assistant Director of the FBI, asserted that "a society living under the rule of law cannot permit persons to choose the Jaws which they will obey and the Jaws which they will break." But on reading the rest of his speech, one wonders whether he would strenuously object if the police were permitted to select the laws which they must obey and those they may disregard.


Advisory Committee On Sentencing And Review: American Bar Association Project On Minimum Standards For Criminal Justice: Standards Relating To Post-Conviction Remedies, Daniel J. Meador Nov 1967

Advisory Committee On Sentencing And Review: American Bar Association Project On Minimum Standards For Criminal Justice: Standards Relating To Post-Conviction Remedies, Daniel J. Meador

Michigan Law Review

A Review of American Bar Association Project on Minimum Standards for Criminal Justice: Standards Relating to Post-Conviction Remedies (Tentative Draft) recommended by the Advisory Committee on Sentencing and Review


Criminal Procedure—Indictment—Evidence Inadmissible At Trial Is Inadmissible In Grand Jury Proceedings, Michael Nelson Apr 1967

Criminal Procedure—Indictment—Evidence Inadmissible At Trial Is Inadmissible In Grand Jury Proceedings, Michael Nelson

Buffalo Law Review

West v. United States, 359 F.2d 50 (8th Cir.), cert. denied mem., 87 Sup. Ct. 131 (1966).


Criminal Procedure—Miranda: The Application Of The Fifth Amendment Right Against Self-Incrimination To Confessions—A Change In Approach., Gary M. Cohen Jan 1967

Criminal Procedure—Miranda: The Application Of The Fifth Amendment Right Against Self-Incrimination To Confessions—A Change In Approach., Gary M. Cohen

Buffalo Law Review

Miranda v. Arizona (consolidated in a single opinion with three companion cases, Vignera v. New York, Westover v. United States and California v. Stewart), 384 U.S. 436 (1966).


Family Law—Application Of The Rules Against Search And Seizure To Juvenile Delinquency Proceedings, Alan Eber Jan 1967

Family Law—Application Of The Rules Against Search And Seizure To Juvenile Delinquency Proceedings, Alan Eber

Buffalo Law Review

Matter of Williams, 49 Misc. 2d 154, 267 N.Y.S.2d 91 (Ulster County Family Ct. 1966).


Recent Developments, Various Editors Jan 1967

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.


In Re Gault: Understanding The Attorney's New Role, Glenn C. Equi, James D. Hutchinson, Barney B. Welsh Jan 1967

In Re Gault: Understanding The Attorney's New Role, Glenn C. Equi, James D. Hutchinson, Barney B. Welsh

Villanova Law Review (1956 - )

No abstract provided.


Law Enforcement States Its Views, John Edgar Hoover Jan 1967

Law Enforcement States Its Views, John Edgar Hoover

Villanova Law Review (1956 - )

No abstract provided.


Criminal Law-Confessions-Admission Of Illegally Obtained Confession In State Criminal Prosecution Is Harmless Error Not Requiring Reversal Of Conviction--People V. Jacobson, Michigan Law Review Jan 1967

Criminal Law-Confessions-Admission Of Illegally Obtained Confession In State Criminal Prosecution Is Harmless Error Not Requiring Reversal Of Conviction--People V. Jacobson, Michigan Law Review

Michigan Law Review

Defendant voluntarily admitted that he had murdered his daughter to a social worker, two ambulance attendants, and three police officers sent to investigate the incident. He continued to declare his guilt to these officers after his arrest, on the way to the police station, and at the police station where he was interrogated without the benefit of counsel although he had not waived his right to counsel. All of the confessions-approximately ten-were admitted in evidence at the defendant's trial over his objection that the two confessions obtained during the interrogation should have been excluded since he had been denied his …


Newman: Conviction: The Determination Of Guilt Or Innocence Without Trial, B. J. George Jr. Jan 1967

Newman: Conviction: The Determination Of Guilt Or Innocence Without Trial, B. J. George Jr.

Michigan Law Review

A Review of Conviction: The Determination of Guilt or Innocence Without Trial by Donald J. Newman


United States V. Tempia: The Questionable Application Of Miranda To The Military, James F. Falco Jan 1967

United States V. Tempia: The Questionable Application Of Miranda To The Military, James F. Falco

Villanova Law Review (1956 - )

No abstract provided.


Criminal Procedure—Double Jeopardy—Retrial For Greater Degree Of Offense Charged After Reversal Of Conviction For Lesser Degree Of Same Offense Constitutes Double Jeopardy, Jeffrey Sellers Jan 1967

Criminal Procedure—Double Jeopardy—Retrial For Greater Degree Of Offense Charged After Reversal Of Conviction For Lesser Degree Of Same Offense Constitutes Double Jeopardy, Jeffrey Sellers

Buffalo Law Review

People v. Ressler, 17 N.Y.2d 174, 216 N.E.2d 582, 269 N.Y.S.2d 414 (1966).


Film Censorship: The American And British Experience, Robert J. Klein Jan 1967

Film Censorship: The American And British Experience, Robert J. Klein

Villanova Law Review (1956 - )

No abstract provided.


The Citizen On Trial: The New Confession Rules, Yale Kamisar Jan 1967

The Citizen On Trial: The New Confession Rules, Yale Kamisar

Articles

Commenting on why it has taken the United States so long to apply "the privilege against self-incrimination and the right to counsel to the proceedings in the stationhouse as well as to those in the courtroom" - as the Supreme Court did in Miranda v. Arizona - this author notes that, "To a large extent this is so because here, as elsewhere, there has been a wide gap between the principles to which we aspire and the practices we actually employ."


Habeas Corpus--Custody And Release From Custody Requirements Of Habeas Corpus--Viability Of Mcnally V. Hill In The Moden Context, Michigan Law Review Nov 1966

Habeas Corpus--Custody And Release From Custody Requirements Of Habeas Corpus--Viability Of Mcnally V. Hill In The Moden Context, Michigan Law Review

Michigan Law Review

Section 2241 of Title 28 of the United States Code requires that a petitioner for a writ of habeas corpus be "in custody." As a corollary of the "custody" requirement, the common law tradition required that the effect of the writ must be the petitioner's "release from custody.'' Because the United States Constitution and the federal habeas corpus statutes guarantee the availability of the writ in general terms, it is to the common law that the courts have consistently turned for the definition of these terms and for the restrictive effect of these requirements on the availability of the writ …


Comparative Study Of Certain Due Process Requirements Of The European Human Rights Convention, Thomas Buergenthal Oct 1966

Comparative Study Of Certain Due Process Requirements Of The European Human Rights Convention, Thomas Buergenthal

Buffalo Law Review

No abstract provided.


Constitutionality Of Conviction Under Narcotics Possession Statute, Anon Jun 1966

Constitutionality Of Conviction Under Narcotics Possession Statute, Anon

Washington Law Review

Defendant was convicted of the felony of possession of a narcotic without a prescription, and was sentenced to serve a maximum term of twenty years. Defendant claimed that, on the same facts, the prosecutor could have charged the defendant with the gross misdemeanor of illegal use of narcotic drugs. Defendant argued that this vests discretion in the prosecutor to charge either a felony or a gross misdemeanor, and that this discretion is violative of the equal protection clauses of the Washington and United States constitutions. On appeal, the Washington Supreme Court affirmed the conviction. Held: The gross misdemeanor of illegal …


Constitutional Law--Indigents' Waiver Of Counsel On Appeal, John I. Rogers Ii Jun 1966

Constitutional Law--Indigents' Waiver Of Counsel On Appeal, John I. Rogers Ii

West Virginia Law Review

No abstract provided.


The Use Of Federal Habeas Corpus By State Prisoners, J. Deweese Carter Mar 1966

The Use Of Federal Habeas Corpus By State Prisoners, J. Deweese Carter

Washington and Lee Law Review

No abstract provided.


Constitutional Law - Search And Seizure - Wife's Consent To Search And Seizure Of Husband's Property Held Not Sufficient To Waive Constitutional Rights Protecting Husband. State V. Hall, 142 S.E.2d 177 (1965)., R. H. Kraftson Jan 1966

Constitutional Law - Search And Seizure - Wife's Consent To Search And Seizure Of Husband's Property Held Not Sufficient To Waive Constitutional Rights Protecting Husband. State V. Hall, 142 S.E.2d 177 (1965)., R. H. Kraftson

William & Mary Law Review

No abstract provided.


Proof By Confession, O. John Rogge Jan 1966

Proof By Confession, O. John Rogge

Villanova Law Review (1956 - )

No abstract provided.


Constitutional Ramifications Of The Police Lineup, Thomas Edward Byrne, Marc B. Kaplin, Walter John Taggart Jan 1966

Constitutional Ramifications Of The Police Lineup, Thomas Edward Byrne, Marc B. Kaplin, Walter John Taggart

Villanova Law Review (1956 - )

No abstract provided.


Constitutional Law--Criminal Procedure--Right To Counsel On Appeal, Laura L. Murrell Jan 1966

Constitutional Law--Criminal Procedure--Right To Counsel On Appeal, Laura L. Murrell

Kentucky Law Journal

No abstract provided.


Constitutional Law--Criminal Procedure--Right To Effective Assistance Of Counsel, Paul F. Guthrie Jan 1966

Constitutional Law--Criminal Procedure--Right To Effective Assistance Of Counsel, Paul F. Guthrie

Kentucky Law Journal

No abstract provided.


A Dissent From The Miranda Dissents: Some Comments On The 'New' Fifth Amendment And The Old 'Voluntariness' Test, Yale Kamisar Jan 1966

A Dissent From The Miranda Dissents: Some Comments On The 'New' Fifth Amendment And The Old 'Voluntariness' Test, Yale Kamisar

Articles

F the several conferences and workshops (and many lunch conversations) on police interrogation and confessions in which I have participated this past summer3 are any indication, Miranda v. Arizona' has evoked much anger and spread much sorrow among judges, lawyers and professors. In the months and years ahead, such reaction is likely to be translated into microscopic analyses and relentless, probing criticism of the majority opinion. During this period of agonizing appraisal and reappraisal, I think it important that various assumptions and assertions in the dissenting opinions do not escape attention.


Appointed Counsel In Criminal Prosecutions: A Study Of Indigent Defense, Ronald L. Carlson Jul 1965

Appointed Counsel In Criminal Prosecutions: A Study Of Indigent Defense, Ronald L. Carlson

Scholarly Works

Attorney Carlson surveyed Iowa for the American Bar Association's study of the defense of indigent accused persons, and in this Article the results of that study are disclosed. The author sets forth recent constitutional developments involving appointments of counsel in criminal cases, then reviews criminal procedure and practice as it relates to the indigent. Survey techniques utilized in the study are revealed, and the responses obtained from jurists, prosecutors, and defense attorneys throughout the jurisdiction are detailed. Finally, he advances recommendations to assist in meeting the challenge of justice for the poor.


Predicting Court Cases Quantitatively, Stuart Nagel Jun 1965

Predicting Court Cases Quantitatively, Stuart Nagel

Michigan Law Review

This article illustrates and systematically compares three methods for quantitatively predicting case outcomes. The three methods are correlation, regression, and discriminant analysis, all of which involve standard social science research techniques. Two prior articles have generated requests for a study dealing with the problems involved in handling a larger number of cases and predictive variables. The present article is also designed to provide such a study. It does not presuppose that the reader has read the earlier articles, although such a reading might help to clarify further some of the points made here. The cases used to illustrate the methods …


Constitutional Law--The Scope Of The Escobedo Rule, Lester Clay Hess Jr. Jun 1965

Constitutional Law--The Scope Of The Escobedo Rule, Lester Clay Hess Jr.

West Virginia Law Review

No abstract provided.


Constitutional Right To Jury Trial In Criminal Contempt Cases?-United States V. Barnett, Michigan Law Review Feb 1965

Constitutional Right To Jury Trial In Criminal Contempt Cases?-United States V. Barnett, Michigan Law Review

Michigan Law Review

Federal courts historically have had the power to try criminal contempt cases without a jury. There is a virtually uninterrupted 150-year line of cases which holds that contempt is not a "Crime" or "criminal prosecution" within the meaning of article III and the sixth amendment to the Constitution. Superficially, the decision in United States v. Barnett is in accord with these precedents. However, in an important "dictum," footnote number 12, the majority cautioned that "punishment by summary trial without a jury would be constitutionally limited to that penalty provided for petty offenses." Although the Court itself styles this comment a …


Book Review, Ira Michael Heyman, Michael E. Tigar Jan 1965

Book Review, Ira Michael Heyman, Michael E. Tigar

Faculty Scholarship

No abstract provided.