Criminal Law Commons^™

Criminal Law And Procedure, Dudley Warner Woodbridge

Virginia Bar Notes

No abstract provided.

Two Kinds Of Legal Rules: A Comparative Study Of Burden-Of-Persuasion Practices In Criminal Cases, George P. Fletcher

Faculty Scholarship

Good men everywhere praise the presumption of innocence. And be they Frenchmen, Germans, or Americans, they agree on the demand of the presumption in practice. Both here and abroad, the state's invocation of criminal sanctions demands a high degree of proof that the accused has committed the offense charged. To express the requisite standard of proof, common lawyers speak of the prosecutor's duty to prove his case beyond a reasonable doubt. And Continental lawyers invoke the maxim in dubio pro reo – a precept requiring triers of fact to acquit in cases of doubt.

The French speak of the presomption …

Mistrials In Courts-Martial: A Study Of The Evolution Of The Judicial Character Of The Military Judge, Paul E. Wilson

William & Mary Law Review

No abstract provided.

The Suspect And Society, Lewis F. Powell Jr.

Powell Speeches

No abstract provided.

Covert Contingencies In The Right To The Assistance Of Counsel, Abraham S. Blumberg

Vanderbilt Law Review

On the basis of a sociological survey showing that a very large percentage of guilty pleas are induced by defense counsel, Professor Blumberg concludes that criminal justice is not structured on the adversary model which the Supreme Court's right to counsel decisions presuppose. He submits that the primary loyalty of defense counsel is to the criminal court "system," the informal organization of court officials on which they depend for their professional existence. He suggests further that the additional attorneys which will be required to implement the right to counsel decisions will simply serve to make the"system" more efficient in utilizing …

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

Villanova Law Review (1956 - )

No abstract provided.

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

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.

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

Villanova Law Review (1956 - )

No abstract provided.

Grounds For Relief Under 28 U.S.C. § 2255: A Suggested Standard, Patrick L. Baude

Articles by Maurer Faculty

No abstract provided.

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

Villanova Law Review (1956 - )

No abstract provided.

Review Of H.L.A. Hart, The Morality Of The Criminal Law, Oxford University Press (1965), Stanley Z. Fisher

Faculty Scholarship

This slim volume contains the text of two lectures given by Professor Hart at the Hebrew University of Jerusalem in 1964. The first lecture, "Changing Conceptions of Responsibility," expresses concern at the turn in which the "liberal" criminal law reform movement in England has taken in connection with the law of criminal responsibility. Professor Hart takes issue with the stand of a leading reformer, Lady Wootton, who advocates abolition of the mens rea prerequisite to penal liability. In her view, the mental state of a harm-doer is relevant not to determining his penal liability (conviction), but only to the decision …

Book Review Of Cases And Readings In Criminal Law And Procedure, Michael Katz

Journal of Legal Education

No abstract provided.

Notes For Law Day Speech, Lewis F. Powell Jr.

Powell Speeches

Speech delivered at Richmond Kiwanis Club, Richmond, Virginia.

A Critical View Of The Uniform Crime Reports, Sophia M. Robison

Michigan Law Review

No one would deny that the FBI performs a vital function in investigating, identifying, and tracking down suspects who may endanger the life, liberty, and property of Americans. However, this writer feels that the Uniform Crime Reports published by the FBI should be subjected to a very critical analysis. Of primary concern are the indiscriminate acceptance of the official data by legislators and social science investigators and the doubtful inferences which a frightened public draws from news releases proclaiming that "the U.S. is sitting on a seething volcano of crime."

Book Review Of Arrest: The Decision To Take A Suspect Into Custody, Dale W. Broeder

Journal of Legal Education

No abstract provided.

Double Punishment For Burglarious Offenses

Washington and Lee Law Review

No abstract provided.

Proof By Confession, O. John Rogge

Villanova Law Review (1956 - )

No abstract provided.

American Bar Association Section Of Antitrust Law: Jury Instructions In Criminal Antitrust Cases, Ralph M. Carson

Michigan Law Review

A Review of Jury Instructions in Criminal Antitrust Cases by The American Bar Association Section of Antitrust Law

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

Villanova Law Review (1956 - )

No abstract provided.

The Uncertain Rules Of Timeliness In Petitions For The Writ Of Habeas Corpus, Edwin M. Goldsmith Iii

Villanova Law Review (1956 - )

No abstract provided.

Arrest: The Decision To Take A Suspect Into Custody, By Wayne La Fave, Donald L.A. Kerson

Indiana Law Journal

No abstract provided.

Lafave: Arrest: The Decision To Take A Suspect Into Custody, B. J. George Jr.

Michigan Law Review

A Review of The Decision To Take a Suspect Into Custody by Wayne R. LaFave

Norris: A Casebook Of Complete Criminal Trials, Otis J. Smith

Michigan Law Review

A Review of A Casebook of Complete Criminal Trials by Harold Norris

Recent Cases

University of Richmond Law Review

This is a summary of the case law from 1966.

Right To Counsel In Criminal Cases, Edward T. Haggins

Cleveland State Law Review

"The right to be heard would be, in many cases, of little avail if it did not comprehend the right to be heard by counsel. Even the intelligent and educated layman has small and sometimes no skill in the science of law... He requires the guiding hand of counsel at every step of the proceedings against him." These words, written in 1932 by Mr. Justice Sutherland for the majority in the famous case of Powell v. Alabama underline the fundamental right of a defendant in American criminal proceeding to have the assistance of counsel.

Criminal Law And Procedure, Henry Paul Monaghan

Faculty Scholarship

§12.1 Introduction. The recent decisions of the United States Supreme Court in the area of criminal procedure have begun to have a considerable impact upon litigation in the Massachusetts courts; indeed, for at least the second successive year the major emphasis of the Supreme Judicial Court's criminal law opinions centered upon considerations of "criminal due process." On the whole, the Court demonstrated an admirable concern for protecting the requirements of a fair trial. However, in at least two significant areas its decisions are open to considerable question: (1) in a series of opinions the Court confined the admittedly unclear …

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.