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Articles 6631 - 6660 of 6958
Full-Text Articles in Criminal Law
The Search And Seizure Of Private Papers: Fourth And Fifth Amendment Considerations, Steven H. Shiffrin
The Search And Seizure Of Private Papers: Fourth And Fifth Amendment Considerations, Steven H. Shiffrin
Cornell Law Faculty Publications
There is a recognizable factual distinction between the search and seizure of private papers and the search and seizure of non-documentary items. It is difficult, however, to decide when such a distinction should assume constitutional dimensions. Specifically, are there circumstances under which private papers should be immune from search and seizure? In a 1967 landmark case, Warden v. Hayden, the United States Supreme Court raised doubts concerning the continued validity of decades of settled law on this important issue. Warden's reopening of this problem aroused the curiosity of commentators, spurred new policy arguments in the American Law Institute, divided …
A Search Warrant Is Not Required Where There Is Probable Cause To Search A Chattel Consigned To A Carrier., Frank B. Murchison
A Search Warrant Is Not Required Where There Is Probable Cause To Search A Chattel Consigned To A Carrier., Frank B. Murchison
St. Mary's Law Journal
Abstract Forthcoming.
Constitutional Law - Fourteenth Amendment Due Process - Representation By Counsel At Trial Is A Prerequisite To The Imposition Of Any Sentence Of Imprisonment Absent Valid Waiver, William J. Lehane
Villanova Law Review (1956 - )
No abstract provided.
The Communication Of The Supreme Court's Criminal Procedure Decisions: A Preliminary Mapping, Stephen L. Wasby
The Communication Of The Supreme Court's Criminal Procedure Decisions: A Preliminary Mapping, Stephen L. Wasby
Villanova Law Review (1956 - )
No abstract provided.
The Second Circuit Review: Ix. Evidence: Introduction, Paul F. Rothstein
The Second Circuit Review: Ix. Evidence: Introduction, Paul F. Rothstein
Georgetown Law Faculty Publications and Other Works
The past year's developments in the law of evidence have been characterized by a hardening attitude toward criminal defendants. The United States Supreme Court's evidentiary rulings during the term covered by the Second Circuit Review (1971-72) manifested this trend (although not uniformly). For example, police stop-and-frisk authority was broadened (and with it the use of evidence obtained therefrom); the scope of the immunity from criminal prosecution required to be granted by a governmental body before self-incriminatory statements can be compelled from a witness was narrowed; the right to have counsel at line-ups was limited to postindictment or post-charge line-ups (with …
Criminal Law And Procedure--Bringing It Home, Fernand N. Dutile
Criminal Law And Procedure--Bringing It Home, Fernand N. Dutile
Journal Articles
When I first began teaching six years ago at the Catholic University Law School, one of the two sections of Criminal Law and Procedure assigned to me was approximately 33 % larger than the other. I remember feeling a considerable difference in atmosphere in the two sections, due to the numbers involved. In the smaller section, discussion seemed more intimate, more coherent, more shared by all the students. I felt able to know students better and more quickly. It is stunning now to realize that the larger section in that 1966-67 school year numbered 32 students! When I left Catholic …
Constitutional Law - Double Jeopardy - State Prosecution Barred After Federal Prosecution For Same Offense - Burden On State To Show Substantially Different Interests From Those Of Initial Prosecuting Jurisdiction, Ronald J. Examitas
Villanova Law Review (1956 - )
No abstract provided.
Achieving Prompt Criminal Trials In New York, W. David Curtiss
Achieving Prompt Criminal Trials In New York, W. David Curtiss
Cornell Law Faculty Publications
During the past two years there have been several significant developments in New York related to achieving prompt trials in criminal prosecutions. These developments, which include judicial decisions, administrative rules and legislative enactments, come into special focus when delay in the trial of criminal cases is attributable to calendar congestion and the need for additional personnel and facilities. This article will examine these decisions, rules and statutes, with particular reference to their relationship to basic principles of judicial administration.
Gagnon V. Scarpelli, Lewis F. Powell Jr.
Gagnon V. Scarpelli, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Gagnon V. Scarpelli, Lewis F. Powell Jr.
Gagnon V. Scarpelli, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
United States V. Orito, Lewis F. Powell Jr.
United States V. Orito, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Paris Adult Theatre I V. Slaton, Lewis F. Powell Jr.
Paris Adult Theatre I V. Slaton, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Almeida-Sanchez V. United States, Lewis F. Powell Jr.
Almeida-Sanchez V. United States, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Schneckloth V. Bustamonte, Lewis F. Powell Jr.
Schneckloth V. Bustamonte, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Palmore V. United States, Lewis F. Powell Jr.
Palmore V. United States, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
United States V. Dionisio, Lewis Powell Jr.
United States V. Dionisio, Lewis Powell Jr.
Supreme Court Case Files
No abstract provided.
Miller V. California, Lewis F. Powell Jr.
Miller V. California, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Grand Jury Witness Has Standing As An Aggrieved Person And May Suppress Evidence Obtained As A Result Of An Illegal Wiretap., Terrence W. Mcdonald
Grand Jury Witness Has Standing As An Aggrieved Person And May Suppress Evidence Obtained As A Result Of An Illegal Wiretap., Terrence W. Mcdonald
St. Mary's Law Journal
Abstract Forthcoming.
Recent Developments, Various Editors
Recent Developments, Various Editors
Villanova Law Review (1956 - )
No abstract provided.
Miranda Warnings In Other Than Police Custodial Interrogations, Marvin E. Sable
Miranda Warnings In Other Than Police Custodial Interrogations, Marvin E. Sable
Cleveland State Law Review
The court, in Miranda, was quick to point out, however, that the decision in that case did not suppose to vitiate the confession as a tool of law enforcement officers in ferretting out criminals. Likewise, volunteered statements of any kind were specifically exempted from the exclusionary rule that was applied to Miranda-type admissions only. Much of the progeny of Miranda addressed itself to just such types of admissions. Oftentimes, the courts dissected the seemingly unitized custodial interrogation requirement of Miranda by turning their decisions of its inapplicability upon the absence of either the "custody" or the "interrogation" aspect
Constitutional Law - Search And Seizure - Fourth Amendment Vagueness - Evidence Excluded When Obtained By Search Incident To Vagrancy Arrest Under Statute Previously Held Void For Vagueness, Allen C. Warshaw
Villanova Law Review (1956 - )
No abstract provided.
An Introduction To Virginia's New Rules Of Criminal Practice And Procedure, Murray J. Janus
An Introduction To Virginia's New Rules Of Criminal Practice And Procedure, Murray J. Janus
University of Richmond Law Review
On January 1, 1972 the new Virginia Rules of Criminal Practice and Procedure became effective, some three and one-half years after the President of the Virginia State Bar Association appointed a Special Committee to draft these proposed Rules. Mr. Justice Thomas C. Gordon, Jr., was appointed Chairman of the Committee in June of 1968. Peter C. Manson, Professor of Criminal Law at the University ,of.Virginia,acted as consultant for the Committee and he made available special student assistants who were invaluable with their research. In addition, two judges of courts of record with criminal jurisdiction, the Honorable Edmund P. Simpkins, Jr., …
Recent Legislation, J. Rodney Johnson
Recent Legislation, J. Rodney Johnson
University of Richmond Law Review
The 1972 session of the General Assembly was especially active in the areas of wills, trusts, and estates. Much of this legislation deals with fine points not affecting the average lawyer in his practice. However, the following items of legislation should be of general interest to the attorney whose practice involves probate work or estate planning, even though he does not hold himself out as a specialist in these areas.
Federal Court Intervention In Pending State Criminal Prosecutions- The Significance Of Younger V. Harris
University of Richmond Law Review
The recent United States Supreme Court decision of Younger v. Harris along with its companion cases represent the most significant development in the area of federal-state court relations since the Court decided Dombrowski v. Pfister in 1965. Dombrowski created grave doubts over the continued validity of the long established public policy against federal court interference with state court proceedings. Civil libertarians were quick to seize upon the broad assertions in that case as support for their efforts toward expanding the concept of federal court intervention in state criminal prosecutions. Though the Court was given the opportunity to reconcile the conflicting …
Police Field Citations In New Haven, Mark Berger
Plea Bargaining: The Case For Reform
Plea Bargaining: The Case For Reform
University of Richmond Law Review
Although plea bargaining has not been openly recognized or sanctioned by most courts, it has become quite widespread and effective. Due to this lack of formal recognition, no uniform plea bargaining procedure has been developed, but generally, an accused is encouraged to plead guilty in exchange for some concession, the most familiar being a promise by the prosecutor to ask the court for leniency. Such concession is far from being the only "reward" offered by the state; indeed, if it were the only one, the practice would not have flourished as it has. Depending upon the particular laws of the …
Societal Concepts Of Criminal Liability For Homicide In Medieval England, Thomas A. Green
Societal Concepts Of Criminal Liability For Homicide In Medieval England, Thomas A. Green
Articles
THE early history of English criminal law lies hidden behind the laconic formulas of the rolls and law books. The rules of the law, as expounded by the judges, have been the subject of many studies; but their practical application in the courts, where the jury of the community was the final and unbridled arbiter, remains a mystery: in short, we know little of the social mores regarding crime and crimi- nals. This study represents an attempt to delineate one major aspect of these societal attitudes. Its thesis is that from late Anglo-Saxon times to the end of the middle …
The Indigent's Right To A Transcript Of Record, Larry Yackle
The Indigent's Right To A Transcript Of Record, Larry Yackle
Faculty Scholarship
There is no more fascinating subject in the field of federal constitutional law than the relationship between due process and equal protection, concepts brought together in the fourteenth amendment. Governmental action that is fundamentally unfair and a denial of due process may also involve discriminatory treatment and a denial of equal protection.' Accordingly, in a number of cases the distinction between the two concepts has been blurred. In Douglas v. California, the Supreme Court held that on first appeal counsel must be furnished to indigents at state expense because the failure to provide professional representation is both fundamentally unfair and …
A Study In The Treatment Of Crime And Law Enforcement In The United States As Compared To The European Countries., George E. Glos
A Study In The Treatment Of Crime And Law Enforcement In The United States As Compared To The European Countries., George E. Glos
St. Mary's Law Journal
The United States holds a comparably higher crime rate than European countries in the area of homicide, aggravated assault, robbery, burglary, and incitation of riots. This article explores the differences existing in the treatment of serious crimes in the leading systems of criminal law and law enforcement. This study examines how the United States, compared with European countries, define subcategories of major crimes and establish the penalties, defenses, and the access to relief attached to each crime. Contrasted with the provisions of the various states of the United States, the European provisions are simpler and carry stiffer penalties. The object …
Primary Requirements For The Application Of The Federal Writ Of Habeas Corpus And Its Problem Areas., L. Vance Stanton
Primary Requirements For The Application Of The Federal Writ Of Habeas Corpus And Its Problem Areas., L. Vance Stanton
St. Mary's Law Journal
Applications for issuance of writs of habeas corpus are among the most frequently filed petitions in federal courts. The substantial number of applications may be attributed to the fact that habeas corpus can be the fastest and most effective method which the law provides to insure an individual’s liberty. However, there are still areas within its framework that are unsettled. Specifically, there are two primary unsettled problems existing in federal habeas corpus proceedings, which include the certificate of probable cause and whether the federal rules apply to habeas corpus proceedings. The primary purpose of this article is to explain the …