Constitutional Law Commons^™

Kamisar, Inbau & Arnold: Criminal Justice In Our Time, Theodore Souris

Michigan Law Review

A Review of Criminal Justice in Our Time by Yale Kamisar, Fred E. Inbau, and Thurman Arnold

Grand Jury Secrecy, Richard M. Calkins

Michigan Law Review

When a leading state such as Illinois enacts "reform" legislation, an impact on the legislatures of other jurisdictions may be anticipated. Accordingly, a need exists for an examination of this legislation in the light of the common-law background of grand jury secrecy and for a further analysis of it in the face of the growing trend toward more liberalized discovery of grand jury minutes in other jurisdictions. It is the contention of the author that such an empirical study will demonstrate that this legislation adopted by Illinois is contrary to all modern judicial thinking and is, in fact, a retrogressive …

The Role Of A Trial Jury In Determining The Voluntariness Of A Confession, Michigan Law Review

Michigan Law Review

The Supreme Court of the United States has vigorously implemented the principle that criminal prosecution is an investigative, not an inquisitorial, process. Evidence of guilt must be obtained by methods free from physical or psychological coercion. Protections in the Bill of Rights against illegal search and seizure, self-incrimination, and trial without counsel have been extended to the states through the due process clause of the fourteenth amendment. Safeguards against the admissibility of coerced confessions into evidence have also been instituted. Because a confession practically determines the ultimate question of guilt, the critical standards for· admissibility are frequently challenged on appeal. …

Executive And Judicial Banishment Compared

Washington and Lee Law Review

No abstract provided.

Constitutional Law-Federal Criminal Procedure-Right To Counsel Under Section 2255 Of The Judicial Code, Gerald J. Laba

Michigan Law Review

Petitioner, seeking to attack a conviction for illegal possession of narcotics, was granted leave to sue in form a pauperis under 28 U.S.C. section 2255, but his request that counsel be appointed for him was denied. Petitioner's section 2255 motion to vacate judgment was denied. Petitioner then entered a second section 2255 petition alleging basically the same errors but adding that the court had erred in not appointing counsel for his first petition. The second motion was denied without a hearing on the ground that it was "the second or successive motion for similar relief .... " Petitioner appealed in …

Federal Criminal Procedure-Collateral Relief Under 28 U.S.C. Section 2255- Discretion Of Sentencing Court To Dismiss Successive Application Without Hearing, Richard B. Rogers

Michigan Law Review

Prisoner, sentenced by a United States district court, filed two successive motions to vacate his sentence under 28 U.S.C. section 2255, which provides for a compulsory motion procedure for federal prisoners in lieu of habeas corpus. Under this section, a prisoner is required to petition the court which sentenced him in order to test the legality of his detention. The motion must be given a prompt hearing, "unless the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief. .. " If a successive motion is filed for "similar relief" the …

Convict's Right To Speedy Trial On A Pending Indictment

Washington and Lee Law Review

No abstract provided.

Lawful Objects Of Search And Seizure, Joseph Wool

William & Mary Law Review

No abstract provided.

Constitutional Law-Expatriation-Criminal Due Process As Prerequisite To Expatriation When Imposed As Punishment, John W. Erickson

Michigan Law Review

Respondents, native-born Americans, in two separate cases sought declaratory judgments confirming their status as United States citizens. One wanted to return to this country, and the other sought to avoid deportation as an alien. The Government claimed that respondents had lost their citizenship by operation of section 401(j) of the Nationality Act of 1940 and its successor, section 349(a)(10) of the Immigration and Nationality Act of 1952, which automatically divest an American of his citizenship for "departing from or remaining outside the jurisdiction of the United States in time of war or . . . national emergency for the purpose …

Search And Seizure Incidental To A Lawful Arrest, Gregory U. Evans

William & Mary Law Review

No abstract provided.

Judicial Reaction To Evidence Obtained By Harsh And Unusual Means, Gene Haislip

William & Mary Law Review

No abstract provided.

Procedural Due Process And State University Students, William W. Van Alstyne

Faculty Scholarship

This examination seeks to address the problems both universities and students confront regarding the growth of student expression. It is noted that contemporary students sometimes have fewer rights than petty criminals and this article explores the common reasons behind universities’ abbreviated procedures and reconcile those reasons with students’ emerging Fourteenth Amendment rights.

Gideon V. Wainwright: The Art Of Overruling, Jerold H. Israel

Articles

During the 1962 Term, the Supreme Court, on a single Monday, announced six decisions concerned with constitutional limitations upon state criminal procedure. The most publicized of these, though probably not the most important in terms of legal theory or practical effect, was Gideon v. Wainwright. In an era of constantly expanding federal restrictions on state criminal processes, the holding of Gideon-that an indigent defendant in a state criminal prosecution has an unqualified right to the appointment of counsel-was hardly startling. And while Gideon will obviously have an important effect in the handful of states that still fail to appoint counsel …

The Constitution And Contempt Of Court, Ronald Goldfarb

Michigan Law Review

Few legal devices find conflict within the lines of our Constitution with the ubiquity of the contempt power. These conflicts involve issues concerning the governmental power structure such as the separation of powers and the delicate balancing of federal-state relations. In addition, there are civil rights issues attributable to the conflict between the use of the contempt power and such vital procedural protections as the right to trial by jury, freedom from self-incrimination, double jeopardy, and indictment-to name only the most recurrent and controversial examples. Aside from these problems, there are other civil liberties issues, such as those involving freedom …

Appointment Of Counsel For Indigent Defendants, Reno S. Harp, Iii

Washington and Lee Law Review

No abstract provided.

Criminal Procedure - Search And Seizure - Federal Court Injunction Against State Officer To Suppress Illegally Obtained Evidence In State Court, S. Anthony Benton

Michigan Law Review

Federal customs enforcement officers suspected plaintiff of theft from a waterfront pier. In the course of their investigation they searched plaintiff's home without a search warrant and detained plaintiff for questioning without first bringing him before a federal commissioner. Both acts violated the Federal Rules of Criminal Procedure. Defendant, a state officer, although not a participant in the search, was present during the illegal detention at the invitation of the federal officers. Plaintiff obtained an order in federal district court enjoining defendant from giving any testimony or producing any evidence in state criminal proceedings against him with respect to property …

Constitutional Law - Search And Seizure - Evidence Obtained By Unreasonable Search And Seizure Is Constitutionally Inadmissible In State Criminal Prosecutions, John B. Lieberman Iii

Villanova Law Review (1956 - )

No abstract provided.

Constitutional Law- Search And Seizure- Search Incidental To An Administrative Arrest, James J. White

Michigan Law Review

As a preliminary to deportation proceedings, defendant, Rudolf I. Abel, was arrested in his hotel room by Immigration and Naturalization Service agents who acted pursuant to a valid administrative arrest warrant. After the arrest, but without a search warrant, the INS searched Abel's room and seized evidence later used in his trial for espionage. In the district court Abel moved to suppress this evidence on the theory that the search violated the fourth amendment. The district court's denial of the motion was affirmed by the Court of Appeals for the Second Circuit. On certiorari to the United States Supreme Court, …

Constitutional Law - Due Process - Right Of Second Offender To Pre-Sentence Hearing Regarding Prior Conviction, John Edward Porter S.Ed.

Michigan Law Review

Relator was convicted of burglary in 1953 and of voluntary manslaughter in 1954. While passing sentence after the latter conviction, the court declared that it was exercising its discretion under the Habitual Criminal Act by imposing a double penalty on the relator. Neither relator nor his counsel objected to the procedure or demanded a hearing regarding the prior conviction. On petition for writ of habeas corpus, which was denied by the lower court, relator admitted the fact of his prior conviction. He asserted, however, that although the habitual criminal statute in terms contains no provision granting alleged second offenders notice …

Constitutional Law - Due Process And Right Of Confrontation- Jencks Act, Robert J. Margolin S.Ed.

Michigan Law Review

The Jencks Act like the rule it purportedly reaffirmed, was designed to insure "justice." Although the stated purpose of the act was to preserve the rights of any defendant under due process of law, the question remains unresolved whether, in articulating the rule in terms of "justice," the Court in Jencks v. United States incorporated it into the requirements of due process. To be sure, the underlying intent of both the Court and Congress is unclear, but of far more concern than the intent is whether the Jencks Act, in fact, violates the constitutional mandates of the Fifth and Sixth …

The Supreme Court - October 1958 Term, Bernard Schwartz

Michigan Law Review

The Supreme Court, reads a famous passage by Bryce, "feels the touch of public opinion. Opinion is stronger in America than anywhere else in the world, and judges are only men. To yield a little may be prudent, for the tree that cannot bend to the blast may be broken."

The history of the highest Court bears constant witness to the truth of Bryce's statement. Supreme Court action which has moved too far in one direction has always ultimately provoked an equivalent reaction in the opposite direction. Even an institution as august as the high tribunal cannot escape the law …

Multiple Prosecutions, Collateral Estoppel And The Constitution

Washington and Lee Law Review

No abstract provided.

Constitutional Law - Criminal Procedure - Successive State Prosecutions For Same Activity, Robert L. Bombaugh

Michigan Law Review

Petitioner suspected of having robbed five persons on a single occasion. was indicted and tried for the robbery of three of them. His sole defense was alibi and he was acquitted when only one of the five victims identified him as the robber. Petitioner was then tried under an indictment for the robbery of a fourth victim. Petitioner interposed the same defense but was convicted at this second trial. The New Jersey Supreme Court affirmed. On certiorari to the United States Supreme Court, held, affirmed, three justices dissenting. Neither the successive trials nor the failure of the court to …

Constitutional Law - Right To Jury Trial In Indirect Criminal Contempts In Federal Courts, Denis T. Rice S.Ed.

Michigan Law Review

Should constitutional provisions for jury trial apply to contempts committed outside the physical presence of a federal court? The United States Supreme Court, in the recent case of Green v. United States, reviewed this long disputed question. The case involved two Communist Party leaders who had been convicted of Smith Act violations and then had "jumped bail" when they disappeared in violation of surrender orders requiring their presence in court for sentencing. After four and a half years as fugitives they surrendered in 1956 and were charged with criminal contempt of court. Following a so-called "summary" hearing (without the …

Scientific Investigation And Defendants' Rights, B. J. George Jr.

Michigan Law Review

Advances in science, medicine and industry have made much of the world a more pleasant place in which to live. In general more men are living a physically more satisfying life in more comfortable surroundings than preceding generations. But with this has come a parallel increase in criminality to the point that the term "crime wave" is heard with increasing frequency. Many crimes are facilitated in their commission by adaption or application of new scientific discoveries by criminal elements. A natural consequence is that already overburdened police departments turn as quickly as is financially possible to new scientific techniques in …

A Double Jeopardy Dilemma In The Federal Courts

Washington and Lee Law Review

No abstract provided.

Constitutional Law - Privilege Against Self-Incrimination - Danger Of Prosecution In Other Jurisdictions, George R. Haydon, Jr.

Michigan Law Review

Defendant, a witness called by the New Hampshire attorney general in an investigation of subversive activities, was granted statutory immunity in New Hampshire from criminal prosecution which might arise from his testimony and was ordered to testify. Since any disclosures would create serious danger of prosecution by the United States and Massachusetts, whose agencies were also investigating his activities, defendant refused to testify despite the grant of immunity, invoking the privilege against self-incrimination guaranteed by the state constitution. He was found guilty of contempt, subject to his exceptions regarding the constitutionality of the immunity statute. On hearing before the state …

Constitutional Law - Due Process -Knowledge Of The Law Required For Conviction Under Criminal Registration Ordinance, David C. Berg

Michigan Law Review

Defendant-appellant was charged with violation of a Los Angeles municipal ordinance which required all persons convicted of a felony in California, or of a crime committed elsewhere which would have been punishable as a felony in California, subsequent to January 1, 1921, to register with the Chief of Police upon remaining in the city longer than five days, or upon making more than five visits to the city within a thirty-day period. At the time of her arrest, appellant had been a resident of Los Angeles for seven years. Within that period she had been convicted (in Los Angeles) of …

Book Review. Fellman, D., The Defendant's Rights, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Admissibility Of Results Of Compulsory Blood Tests To Determine Intoxication, G. W. H. Jr.

West Virginia Law Review

No abstract provided.