Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Criminal Procedure (29)
- Constitutional Law (17)
- Evidence (15)
- Law Enforcement and Corrections (12)
- State and Local Government Law (10)
-
- Courts (9)
- Supreme Court of the United States (7)
- Civil Rights and Discrimination (6)
- Juvenile Law (6)
- Fourteenth Amendment (5)
- Fourth Amendment (5)
- Health Law and Policy (5)
- Human Rights Law (5)
- Antitrust and Trade Regulation (4)
- First Amendment (4)
- International Law (4)
- Law and Psychology (4)
- Law and Race (4)
- Legal Education (4)
- Torts (4)
- Judges (3)
- Law and Society (3)
- Legal Ethics and Professional Responsibility (3)
- Legal History (3)
- Business Organizations Law (2)
- Civil Procedure (2)
- Immigration Law (2)
- Law and Gender (2)
- Keyword
-
- Criminal law (17)
- Death penalty (16)
- Ohio (14)
- Capital punishment (10)
- Sentencing (8)
-
- Dr. Sam Sheppard (7)
- Punishment (7)
- Deterrence (5)
- Retribution (5)
- DNA evidence (4)
- Due process (4)
- Felony (4)
- Fourteenth Amendment (4)
- Grand jury (4)
- Right to counsel (4)
- Assault (3)
- Constitutional law (3)
- Crime (3)
- Criminal (3)
- Criminal responsibility (3)
- Eighth Amendment (3)
- Eighth amendment (3)
- Excessive force (3)
- Expungement (3)
- Fourth Amendment (3)
- Interrogation (3)
- Media (3)
- Ohio Revised Code (3)
- Penalties (3)
- Proof beyond a reasonable doubt (3)
Articles 151 - 180 of 204
Full-Text Articles in Criminal Law
Katz And The Fourth Amendment: A Reasonable Expectation Of Privacy Or, A Man's Home Is His Fort, Richard L. Aynes
Katz And The Fourth Amendment: A Reasonable Expectation Of Privacy Or, A Man's Home Is His Fort, Richard L. Aynes
Cleveland State Law Review
While there are a great many cases and commentaries treating fourth amendment rights, little attention has been given to the circumstances that must exist in order for it to be said that a search and seizure has taken place. The purpose of this note is to explore the issues involved in determining when the conduct of law enforcement officers constitutes a search and seizure. Consideration will be given to Katz v. United States, which established the test to be applied in making this determination; to the application of Katz and its effect upon fourth amendment protections; to alternatives for the …
Book Review, George J. Mcmonagle
Book Review, George J. Mcmonagle
Cleveland State Law Review
Review of Criminal Sentences - Law WIthout Order, Marvel E. Frankel, NY, Hill and Wang, 1973.
The Quiet Revolution In The Criminal Law - A Foreword, Jack G. Day
The Quiet Revolution In The Criminal Law - A Foreword, Jack G. Day
Cleveland State Law Review
Given the fundamental importance of procedural due process in criminal law, and conceding the impact of case law developments of the past decade and one-half, the movements manifest in decisional law, while spectacular, have necessarily been piecemeal and have tended to obscure the broad substantive and procedural reforms which have been initiated by that general address possible only through legislation and the rule making processes. Nonetheless, quietly, and almost unnoticed outside a relatively small circle within the legal profession and related disciplines, a seismic reform has been going on. The present symposium is devoted to the description and analysis of …
The Legal Background And Aftermath Of The Kent State Tragedy, David E. Engdahl
The Legal Background And Aftermath Of The Kent State Tragedy, David E. Engdahl
Cleveland State Law Review
Events of tragic violence occur with such commonness today that they are greeted most frequently either with a callous indifference or a generalized despair. Yet to thoughtful observers, there is an essential difference between those tragedies attributable to extremist and criminal factions, and those which result from overbearing acts of the agents of government themselves. Jackson State and Attica are only two of the most recent examples of events that test the strength of our modern commitment to the standards of government behavior our heritage had led us to expect. Even among the recent instances of tragic government violence, however, …
Kent State - Justice And Morality, John P. Adams
Kent State - Justice And Morality, John P. Adams
Cleveland State Law Review
In the months that followed the killing at Kent State, it became apparent that there was another ministry which was needed. It was not a matter of exercising the "moral authority" as the President suggested, to condemn "... violence and disruption as instruments of change ...." Rather, it became apparent that "moral authority" would be needed to assure that accountability would be established for the abuse of governmental authority and the misuse of military firepower against civilian student dissenters. Violence had been used as an instrument to prevent change, and the moral authority of the religious community needed to be …
Argersinger V. Hamlin - Right To Counsel Expanded To Include Offenses Which May Result In Imprisonment, Oliver Claypool Jr.
Argersinger V. Hamlin - Right To Counsel Expanded To Include Offenses Which May Result In Imprisonment, Oliver Claypool Jr.
Cleveland State Law Review
On June 12, 1972, The United States Supreme Court held in Argersinger v. Hamlin, ... that absent a knowing and intelligent waiver, no person may be imprisoned for any offense, whether classified as petty, misdemeanor, or felony, unless he was represented by counsel at his trial. Although, all of the ramifications of this decision have not yet been felt, American Bar Association president, Robert W. Meserve has estimated that the decision will require the legal profession to provide representation in some additional two to four million cases per year for indigent defendants alone.
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
Speedy Trial - No Mere Ceremonial, Robert B. Henn
Speedy Trial - No Mere Ceremonial, Robert B. Henn
Cleveland State Law Review
In recent years, there has been a progressive refinement of individual rights, to the extent that due process must be accorded to the participant in not only judicial proceedings, but administrative actions as well. Yet, in the face of this, the anomaly exists that one highly important individual right, clearly defined by the Speedy-Trial Clause of the Sixth Amendment, is persistently abused by courts who adhere to overly strict, and demonstrably improper, interpretations of its requirements, and by prosecutors who seem to feel that a prompt determination of the innocence or guilt of the accused is a matter of grace, …
Federal Injunctions And State Criminal Prosecutions: Vestiges Of Our Federalism, Bruce E. Gaynor
Federal Injunctions And State Criminal Prosecutions: Vestiges Of Our Federalism, Bruce E. Gaynor
Cleveland State Law Review
Increasingly over the past decade, persons charged with violations of "unconstitutional" federal or state statutes have sought to obtain equitable relief in the federal courts. Most often, the relief sought has been in the form of an injunction restraining the government from prosecuting or threatening to prosecute under the allegedly invalid statute. Declaratory relief (that the statute is, in fact, unconstitutional) has often been sought as an additional or alternative remedy.
A Modest Proposal For A Partial Reform Of Our System Of Criminal Law And Its Enforcement, J. Patrick Browne
A Modest Proposal For A Partial Reform Of Our System Of Criminal Law And Its Enforcement, J. Patrick Browne
Cleveland State Law Review
No fair observer could deny that there are glaring flaws in our system of criminal justice. The mention of only a few will suffice to illustrate the point: The police are insensitive to civil rights, and brutal to the poor and to minorities; prosecutors victimize the defenseless who are unable to obtain adequate counsel to protect their rights. And all this is done in the name of law and order. Only the brutalized members of minorities-both racial, ethnic, and financial-are more aware of these injustices than are today's law students. These students rightly burn with a combination of indignation at …
Prison Disciplinary Procedures: Creating Rules, Jonathan Brant
Prison Disciplinary Procedures: Creating Rules, Jonathan Brant
Cleveland State Law Review
In addition to a lack of interest by the courts, prison officials received little direction from state legislatures. The general statutory provisions grant board powers to a designated member of the executive branch with no apparent restrictions on exercise of that power. The rules developed by prison officials have often been themselves worded vaguely giving inmates little idea of conduct which is expected of them.
Threats As Criminal Assault, Ranelle A. Gamble
Threats As Criminal Assault, Ranelle A. Gamble
Cleveland State Law Review
Early in its history, the common law found it imperative to acknowledge and define an individual's interest in his personal integrity, physical safety and mental tranquility. The law formulated the legal rules of assault to protect this particular interest when it is wrongfully interfered with by another.' In this latter half of a nerve-wracking twentieth century, it is becoming necessary to revive the early concepts of common law assault, and under certain circumstances, to redress abusive and insulting language. Any principle of common law, particularly one concerned with the control of human behavior, has social implications, and such principle, whether …
The University And The Bail System: In Loco Altricis, Harry W. Pettigrew
The University And The Bail System: In Loco Altricis, Harry W. Pettigrew
Cleveland State Law Review
The central argument of this article is that where a transient college student is arrested financial bail is seldom necessary to assure the defendant's presence in court. However, in such a case financial bail is almost always required by the court, since in the area of bail, as with other criminal law problems, the pragmatic exigencies of the traditional American criminal law system place a heavy burden on any transient to realize the same protections, privileges, and rights provided the indigenous population.' The principal objective of this article is to describe an alternative to the financial bail system for the …
Pretrial Detention And The Eighth And Fourteenth Amendments, James Lowe
Pretrial Detention And The Eighth And Fourteenth Amendments, James Lowe
Cleveland State Law Review
It is in the intent of the writer of this paper to examine the conditions endured by indigent defendants through their pretrial detention in Cuyahoga County Jail with respect to the Constitutional prohibitions of "cruel and unusual" punishment and a denial of "equal protection of the laws." Cuyahoga County is better known as Cleveland, Ohio. Expediency requires that the important concept of the rights of indigent inmates as they relate to civil rights statutes, and particularly Title 42 U.S.C. Section 1983, not be considered here. It may be hoped, however, that the propositions and legal considerations put forth in this …
Defendant's Right Of Discovery In Criminal Cases, Bruce E. Gaynor
Defendant's Right Of Discovery In Criminal Cases, Bruce E. Gaynor
Cleveland State Law Review
Predicated upon concepts of equity, discovery is the procedure by which one litigant is enabled to force his opponent to make some or all of his evidence available for examination. When authorized prior to actual trial, such disclosure is termed "pre-trial discovery." The purpose of a trial is to ascertain the facts." Proponents of liberal discovery assert that knowledge of the facts and, hence, discovery are necessary for fundamental justice. They contend that adoption of broad disclosure practices will eliminate the surprise and guesswork from the courtroom, and transform the aura of a trial from a "sporting event" to a …
Book Review, Walter Greenwood
Book Review, Walter Greenwood
Cleveland State Law Review
This entry reviews Law Without Order: Capital Punishment and the Liberals by Bernard Lande Cohen. The book's scope encompasses criminal law in both the United States and Canada. Cohen argues that the excessive liberalism that followed the elimination of capital punishment has caused murder rates and other crimes to increase.
Book Review, George R. Katosic
Book Review, George R. Katosic
Cleveland State Law Review
The reviewer summarizes Marijuana - The New Prohibition by John Kaplan. The book describes both the benefits and negative consequences of marijuana use and suggests that a licensing system is instituted to control use of the drug, but not outlaw it.
Prisoner's Clothing During Trial, Christine Mukai
Prisoner's Clothing During Trial, Christine Mukai
Cleveland State Law Review
This paper will deal with the appearance, vis-a-vis clothing, of a criminal defendant and the right of that defendant not to be attired in prison garb during judicial proceedings. The purpose here is not to consider the practices of the various jurisdictions; rather this shall be an attempt to display the existence and implications of the right to stand trial in non-criminating clothing.
Book Review, Elliott A. Cohen
Book Review, Elliott A. Cohen
Cleveland State Law Review
Review of Cops on Campus and Crime in the Streets, Erle Stanley Gardener, William & Morrow Co., Inc., New York, 1970
Legal Aspects Of Drug Abuse, C. William O'Neill
Legal Aspects Of Drug Abuse, C. William O'Neill
Cleveland State Law Review
In discussing the existing drug laws in this country, it is useful to break them down into two categories: First, the Federal and state laws directed at marijuana and narcotics and, second, the Federal and state laws governing hallucinogenic drugs, such as LSD. Laws regulating and prohibiting the use of and traffic in the various drugs arose in response to public concern over their abuse. Federal regulation began with the Harrison Narcotic Drug Act of 1914, which was aimed at opium and other "hard" narcotics. In 1937 Congress enacted the Marijuana Tax Act, modeling it largely after the Harrison Act, …
Gun Control Statutes And Domestic Violence, Elmer A. Bessick
Gun Control Statutes And Domestic Violence, Elmer A. Bessick
Cleveland State Law Review
If gun control were an effective method to reduce the number of guns available in the urban households, then it is quite possible that many family quarrels and other arguments would not end with someone's death. The availability of firearms makes the gun a readily accessible vehicle of violence. If the regulation of this vehicle were more strict, then perhaps this type of domestic violence would be less frequent.
Book Review, Grace Sindell
Book Review, Grace Sindell
Cleveland State Law Review
Reviewing Howard L. Oleck, A Singular Fury, World Publishing Co., 1968
Abortion Laws: The Perplexing Problem, Carl E. Wasmuth, Kenet E. Chareau
Abortion Laws: The Perplexing Problem, Carl E. Wasmuth, Kenet E. Chareau
Cleveland State Law Review
This note presents a brief history of the common law relating to abortion, a definition of the current problem, and proposals for reform of the abortion laws.
Acting In Loco Parentis As A Defense To Assault And Battery, Norman D. Tripp
Acting In Loco Parentis As A Defense To Assault And Battery, Norman D. Tripp
Cleveland State Law Review
An offer to use force to the injury of another is an assault, and the use of that force is a battery, which usually includes an assault. An assault and battery upon the person of another may be a criminal act. Courts generally hold, however, that a parent or one in loco parentis may inflict disciplinary corporal punishment upon a child without becoming criminally liable.
A Sentencing Problem: How Far Is A Fall From Grace, H. H. A. Cooper
A Sentencing Problem: How Far Is A Fall From Grace, H. H. A. Cooper
Cleveland State Law Review
It is now almost universally accepted that there are three possible bases underlying sentences imposed by the Courts, following some breach of the criminal law. These are generally described as retribution, deterrence and reformation. Occasionally these qualities are considered in combination under some such title as the "aims of penal measures." Another factor, ever present in a vague though influential form, now seems to be emerging from the shadows to assume more definite shape. Yet to materialize is its relationship to the other established, uncontroverted aims. The emergent element may conveniently be termed "public disapproval," under which may be subsumed …
Right To Counsel In Criminal Cases, Edward T. Haggins
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.
Nature Of The Problem Of Police Brutality, Robert J. Bowers
Nature Of The Problem Of Police Brutality, Robert J. Bowers
Cleveland State Law Review
To properly appraise the oft-bruited problem of police brutality, one should first consider how investigatory duties came to devolve upon the police in the United States.
Split Loyalty: An Ethical Problem For The Criminal Defense Lawyer, Gerald S. Gold
Split Loyalty: An Ethical Problem For The Criminal Defense Lawyer, Gerald S. Gold
Cleveland State Law Review
Nowhere in law do ethical considerations play a greater part or come into greater conflict than in the defense of those accused of crime. The lawyer defending an accused owes a duty to his client, a duty to society, and a duty to the court. The duties to each are not completely clear and when the various loyalties conflict, fair, safe, and moral resolutions are most difficult.
Hunting Accident Liability, Vincent A. Feudo
Hunting Accident Liability, Vincent A. Feudo
Cleveland State Law Review
Increased interest in hunting for pleasure has led to an increased number of mishaps. Recent statistics show one injury for every 7,800 hunters, with one in every five or six fatal. From early to more recent cases it has generally been held that where one is not negligent in the handling of his weapon he is not liable. But "ordinary care" while hunting means a high degree of care, due to the inherent nature of the sport.
Book Review, Davis B. Young
Book Review, Davis B. Young
Cleveland State Law Review
Reviewing Gus Tyler, Organized Crime in America, University of Michigan Press, 1962