Criminal Law Commons^™

The Future Of Sentencing Reform: Emerging Legal Issues In The Individualization Of Justice, John C. Coffee Jr.

Faculty Scholarship

The dilemma of the American sentencing judge is qualitatively unique. Because our system of criminal justice has embraced to a degree unequaled elsewhere the rehabilitative ideal that punishment should fit not the crime, but the particular criminal, the sentencing judge must labor to fulfill the dual and sometimes conflicting roles of judge and clinician. Entrusted with enormous discretion, he is expected to "individualize" the sentence he imposes to suit the character, social history, and potential for recidivism of the offender before him. Yet, because of the general absence in our Sentencing Reform system of meaningful procedures for the appellate review …

More On The New Federalism In Criminal Procedure, Donald E. Wilkes Jr.

Scholarly Works

The Burger Court has continued to relax federal constitutional restraints on the power of police and prosecutorial officials to detect and convict persons suspected of crime. During the 1973 Term, the fourth amendment right to be free from unreasonable search and seizure appears to have been the principal casualty of the Court's permissive attitude toward the exercise of governmental authority to enforce criminal laws. Although over half a dozen search and seizure cases were decided, in not a single one did the Court find that evidence had been obtained in violation of the fourth amendment. Other decisions narrowly interpreted the …

Criminal Law And Procedure, David Rossman

Faculty Scholarship

Trial De Novo. The constitutional foundation underlying the system of trial de novo in Massachusetts was subjected to a frontal assault during the Survey year. The system survived, but there is reason to doubt its continuing validity. The debate over the wisdom of maintaining a two-tiered system of trial courts has been wide-ranging. One of the chief complaints against the trial de novo system is that it insulates trial judges from any meaningful appellate review. This isolation fosters an environment in which trial judges can, with impunity, ignore the constraints placed upon judges in courts of record. It is exceedingly …

Mullaney V. Wilbur, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

United States V. Nobles, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

United States V. Nixon, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Gerstein V. Pugh, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

A Look At Florida's Proposed Code Of Evidence, Charles W. Ehrhardt

Scholarly Publications

The law of evidence had been codified in three states, California, New Jersey and Kansas, prior to the United States Supreme Court's promulgation of the Proposed Federal Rules of Evidence. The submission of the rules to the Congress, and their approval, as amended, by the House of Representatives served as the catalyst for renewed interest in evidence codification. Three states have recently adopted comprehensive Rules of Evidence that closely parallel the Proposed Federal Rules, and at least four other states, including Florida, have drafted or are actively considering the adoption of such a codification. During the 1974 session of the …

Bail In Missouri Revisited, Mark Berger

Faculty Works

During the early part of the 1960's, interest in the civil rights movement generated concern over the inequities of bail administration. In the latter part of the decade the same problems were revealed in major studies of the nation's criminal justice system. Contributions to the legal literature in this period, encompassing statistical and evaluative studies as well as academic analysis, helped to focus further attention on bail. Moreover, a major effort was undertaken by the United States Department of Justice to promote the sharing of bail program information and ideas. There are signs, however, that some of the earlier interest …

A Further Inquiry Into The Quality Of Indigent Felony Defense., Richard L. Huff

St. Mary's Law Journal

One of the primary goals of a democracy is equality before the law for all of its citizens. To this end, in 1963, the Supreme Court held that states must provide counsel to indigent defendants, at their own expense, in all felony trials. Although other jurisdictions have chosen a defender system of criminal attorneys hired by the local government to meet the Supreme Court’s mandate, Bexar County, Texas, utilizes a system of assigning members of the local bar to defendants in rotation. Contrary to the prevailing view, it is submitted that Bexar County's assigned counsel system provides adequate representation for …

A New Role For An Ancient Writ: Postconviction Habeas Corpus Relief In Georgia (Part Ii), Donald E. Wilkes Jr.

Scholarly Works

In Part I of this Article, appearing in Volume 8 of the Georgia Law Review at page 313, Professor Wilkes traced the development of postconviction habeas corpus in Georgia up to 1967. In this the second part of the Article, he examines the background and passage of the Georgia Habeas Corpus Act of 1967. Finally, Professor Wilkes assesses the degree to which the Act has fulfilled its purposes, and suggests several possible changes for the future.

Kentucky Parole Officers: An Inquiry Into The Effect Of Residential Background On Their Works Styles, Virginia Cleveland

Masters Theses & Specialist Projects

Using the population of Kentucky state parole officers as the focus of this thesis, work styles were studied. The work styles of twenty-eight rural parole officers were compared with the work styles of twenty-two urban officers. The Fisher Exact Statistical Test was used to test differences between these groups. Rural officers were significantly more likely than urban officers to go out of their offices to meet with their parolees. Urban officers had had a significantly greater number of parolees waiting in their offices at one time, than the rural officers had. The length of the average meeting did not differ …

Expanding Double Jeopardy: Collateral Estoppel And The Evidentiary Use Of Prior Crimes Of Which The Defendant Has Been Acquitted, Eleanore Hill

Florida State University Law Review

No abstract provided.

Applying The Administrative Procedure Act To Federal Parole Decision Making., Campbell Mcginnis

St. Mary's Law Journal

Abstract Forthcoming.

Airport Security Measures Allow Warrantless Search Of Checked Luggage., Robert M. Spurlock

St. Mary's Law Journal

Abstract Forthcoming.

"Criminal Records"--A Comparative Approach, Sigmund A. Cohn

Scholarly Works

There is in the United States a need to balance the interest of the public in the apprehension and conviction of criminals with that of individuals arrested but not convicted of any wrongdoing. As has been shown, some of the leading civil law countries have approached this goal in two ways: first, by not requiring an arrest in a great number of criminal cases and thus not furthering in the mind of the public the idea that arrest and criminal wrongdoing are identical, and second, by confining entries in criminal records, at least on principle, to final convictions of criminal …

The Fifth Amendment And Compelled Testimony: Practical Problems In The Wake Of Kastigar, E. R. Harding

Villanova Law Review (1956 - )

No abstract provided.

Section 11 Of The Bill Of Rights: Rehabilitation Potential And Sentencing, 8 J. Marshall J. Prac. & Proc. 269 (1974), Roy W. Hardin

UIC Law Review

No abstract provided.

Practice And Procedure Under The Illinois Post-Conviction Hearing Act, 8 J. Marshall J. Prac. & Proc. 129 (1974), Alan Rabunski

UIC Law Review

No abstract provided.

Some Legislative History And Comments On Ohio's New Criminal Code , Harry J. Lehman, Alan E. Norris

Cleveland State Law Review

Having briefly outlined the history of the formal development of the Act, it is the purpose of this Article to discuss in narrative form the legislative process on certain key provisions which were the subject of much debate and disagreement. These areas of disagreement include murder and felony penalties, especially minimum sentences; capital punishment to conform to the U.S. Supreme Court's Furman decision as well as other changes; parole eligibility for those serving life sentences for a capital offense; early release on parole, also known as shock parole; eligibility for probation; definition of reasonable doubt and jury instructions on reasonable …

Rules Of Criminal Procedure: The Background Of Draftsmanship, James G. France

Cleveland State Law Review

While Ohio’s Rules of Criminal Procedure, effective July 1, 1973, are entirely new to the criminal law practitioners, it is not the purpose of this article to point out the difference between the present and the past in terms of how a criminal case should be prepared for trial and tried. Rather, the emphasis here is on the background of formulation of the rules in terms of Ohio's experience both in drafting rules and in borrowing and adapting rules from other fields, from other jurisdictions, and sometimes from other generations to achieve what the Chief Justice of the Supreme Court …

Some Themes In The Proposed Federal Rules Of Evidence, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

Although the Federal Rules of Evidence are under consideration by Congress, it is unlikely that many of their major themes will be reversed. The present article examines some of these themes as they appear in the Supreme Court-approved draft. The aim is merely to make more explicit the effects of the Rules and suggest some questions for study.

Search And Seizure- Knowledge Of Fourth Amendment Rights Not A Prerequisite To A Valid Consent Search

University of Richmond Law Review

The fourth amendment to the United States Constitution, applicable to the states through the fourteenth amendment, guarantees to every citizen the indefeasible right to be secure against unreasonable searches and seizures. As a response to a long history of English colonial abuses, the fourth amendment was intended by the drafters of the Bill of Rights to be a safeguard against governmental misuse of the writs of assistance' and the general warrant. The Supreme Court has broadly interpreted the constitutional mandate of the fourth amendment as proscribing all searches and seizures which do not comply with its stringent provisions. However, certain …

Book Review, George J. Mcmonagle

Cleveland State Law Review

Review of Criminal Sentences - Law WIthout Order, Marvel E. Frankel, NY, Hill and Wang, 1973.

A New Role For An Ancient Writ: Postconviction Habeas Corpus Relief In Georgia (Part I), Donald E. Wilkes Jr.

Scholarly Works

Because it has been esteemed in this state for centuries, the writ of habeas corpus has played a significant role in the history of Georgia civil liberties. Indeed, one Georgia court early state that "[w]hen the writ is applied for, no inquiry is made as to the complexion of the petitioner, or the place of his permanent allegiance. All of every condition, of every country and of every complexion are equally entitled to it, the native of South Africa, not less than the Peer of the Realms." In the first part of his Article, Professor Wilkes examines the origins of …

The Fourth Amendment As A Way Of Talking About People: A Study Of Robinson And Matlock, James Boyd White

Articles

One way to regard what the Supreme Court has done in the cases it has decided under the Fourth Amendment is to say that it has created a specialized discourse of adjudication, a language in which it can talk about and dispose of the repeated conflicts that arise between an officer engaged in the process of crime control and a citizen upon whose freedom or security he intrudes. The events which bring these two figures together are bewildering in their variety and complexity, and the claims on each side are deeply felt and strenuously made. It has not been easy …

Fuller V. Oregon, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Michigan V. Tucker, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Criminal Law-Confessions-- Government Can Satisfy Its Burden of Proving Waiver of Miranda Rights By Showing Warnings Given, Signed Waiver, and Proof of Defendant's Capacity to Understand the Warnings

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Criminal Procedure--Grand Jury-Attorney Work Product Consisting of Written Summaries and Personal Recollections of Interviews Is Privileged Against Disclosure at Federal Grand Jury Investigations

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Public Employees --Freedom of Association-Discharge of Non-policy-making Public Employees on Ground of Political Affiliation Infringes Employees' Freedom of Association

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Torts--Wrongful Death-Common--Law Cause of Action for Wrongful Death Exists Under Massachusetts Law

Criminal Law And Procedure – Bringing It Home, Fernand N. Dutile

Journal of Legal Education

No abstract provided.