Criminal Law Commons^™

Equal Access To Evidence: The Case For The Defense Use Of Immunity For Essential Witnesses, Andrea Lyon

Law Faculty Publications

No abstract provided.

Criminal Discovery In New York: The Effect Of The New Article 240 , Thomas N. Kendris

Fordham Urban Law Journal

Despite the many persuasive reasons for criminal discovery, its development in New York took place in a gradual, ad hoc manner. This led the New York State Legislature to enact the original article 240 in the Criminal Procedure Act (CPL) in 1971 which provided the courts with a consistent framework to discovery and significantly expanded an accused rights to evidence. This article provides a comprehensive overview of the original article 240, some significant problems that arose under it, and how the new enacted article 240 attempted to address the problems. The author then argues that the new statute could have …

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

Supreme Court Case Files

No abstract provided.

North Carolina V. Butler, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Parker V. Randolph, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Commonwealth Of Massachusetts V. White, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Conditional Liberation (Parole) In France, Christopher L. Blakesley

Scholarly Works

Anglo-American parole owes its theoretical development and its early systematization, indeed its very existence, to France. It has been said that France has the genius of invention, but that too often the great ideas born in France are neglected there to find their baptism of success in other countries. This remark characterizes the history of the parole concept in France. Yet, the latest innovations being developed in France portend new possibilities for success in the rehabilitation of convicts. This section will trace briefly the history of conditional liberation the French counterpart of Anglo-American parole, and describe the development of the …

Replacing The Exclusionary Rule With Administrative Rulemaking, Francis A. Gilligan, Fredric I. Lederer

Faculty Publications

No abstract provided.

Diminished Capacity-Recent Decisions And An Analytical Approach, Robert P. Bryant, Corbin B. Hume

Vanderbilt Law Review

The concept of diminished capacity allows a defendant in a criminal case to prove, usually by presenting psychiatrists who testify that he suffered from an abnormal mental condition, that he was unable to entertain the particular mens rea required for conviction.' Although courts historically have been reluctant to admit such testimony, in recent years a growing number of jurisdictions have recognized the concept of diminished capacity. Recent decisions in Pennsylvania, the District of Columbia, and North Carolina, as well as recently adopted statutes in ten other jurisdictions,illustrate the evidentiary, social, and constitutional issues raised by the concept of diminished capacity. …

"A Most Deplorable Paradox": Admitting Illegally Obtained Evidence In Georgia--Past, Present, And Future, Donald E. Wilkes Jr.

Scholarly Works

This Article explores the admissibility of illegally obtained evidence in Georgia criminal cases prior to 1961 and during the post-Mapp era and endeavors to assess the future admissibility of illegally seized evidence in Georgia under both federal and state law.

The Street Perspective: A Conversation With The Police, Patrick L. Baude

IUSTITIA

Professor Baude's purpose in this discussion is to elicit police officers' comments on what members of the legal profession ought to know about the influence of the "street perspective" in shaping those officers' attitudes towards the criminal justice system and the role they play in it. It is police insistence on the broad validity of insights which only "the street" can provide that accounts for the considerable gulf between "front-line" enforcement officers and other functionaries in (and students of) that system. Law students (and no doubt lawyers) seem uncomfortable with the notion that our system cannot adequately be understood without …

Doing Away With The Exclusionary Rule, Francis A. Gilligan, Fredric I. Lederer

Faculty Publications

No abstract provided.

Oregon V. Hass, 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 …

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.

Reform Of The Law Of Evidence In Criminal Cases, J. A. Coutts

Dalhousie Law Journal

Events surrounding the recent proposals for the reform of the English law of evidence in criminal cases may be thought to afford a cautionary tale, indicating the wrong way to engage in public debate upon such matters. In 1964, the Home Secretary asked the Criminal Law Revision Committee to review the law of evidence in criminal cases. Before its Report1 was published (some eight years later), and, indeed, before the Home Secretary had himself received it, there occurred a flood of critical comment in the Press and on radio and television, and questions in Parliament, on what were thought (not …

Evidence--Presumptions--Application Of The Deadly Weapons Presumption In West Virginia, John P. Carter

West Virginia Law Review

No abstract provided.

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 …

Omnibus Crime Control And Safe Streets Act Of 1968-Grand Jury Witness Standing To Suppress Illegally Obtained Evidence, Law Review Staff

Vanderbilt Law Review

Title III of the Omnibus Crime Control and Safe Streets Act of 19681 attempts to regulate the use of electronic surveillance and wiretap within fourth amendment guidelines developed by the judiciary. If evidence has been obtained in violation of the Act, the Act prohibits its introduction into judicial, legislative, and administrative proceedings. As recent courts of appeals cases indicate, however, one primary question has arisen concerning the operation of this exclusionary rule in the specific context of a grand jury proceeding: May a grand jury witness challenge the admissibility of evidence obtained in violation of the Crime Control Act?

Schneble V. Florida, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

The Law Of Presumptions: A Look At Confusion, Kentucky Style, Robert G. Lawson

Law Faculty Scholarly Articles

Over the years the term “presumption” has been used by virtually all courts to “designate what are more accurately termed inferences or substantive rules of law.” It has also been used as a “loose synonym for presumption of fact, presumption of law, rebuttable presumption, and irrebuttable presumption.” To this list the Kentucky Court of Appeals had added mandatory presumption, presumptive evidence, and prima facie case. Perhaps of more significance than the indiscriminate use of terminology is the extent to which courts have used “presumptions” to describe judicial reasoning of various kinds and to perform chores more appropriate to unrelated procedural …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Advertising--Use of "Free," a Deceptive Practice Under the Federal Trade Commission Act

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Anti-Trust Law--Conspiracy To Subvert Competitor's Employees and Customers Violates Section 1 of the Sherman Act

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Conflict of Laws--Depositor's Request That Disposition of Foreign-Owned Funds Deposited In New York Bank Be Governed By New York Law Upheld as a Matter of Public Policy

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Constitutional Law--Applicability of Agricultural Adjustment Act of 1938 to Wheat Grown On State-Owned Farms

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Corporations--Dissolution of Close Corporation Not Granted On Mere Showing of Low Profits Insufficient To Provide Minority Shareholder With Adequate Return on Invested Capital

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Criminal Law--Illegal Searches and …

The Admissibility Of Photographs Of The Corpse In Homicide Cases, Stanley L. Morris

William & Mary Law Review

No abstract provided.

Proof By Confession, O. John Rogge

Villanova Law Review (1956 - )

No abstract provided.

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

Villanova Law Review (1956 - )

No abstract provided.

Abstracts Of Recent Cases, Ralph Judy Bean Jr.

West Virginia Law Review

No abstract provided.

Evidence - Hearsay Statement In The Nature Of A Declaration Against A Penal Interest Admissible In Evidence Even Though The Unavailability Of The Dedarant Is Not Established. People V. Spriggs (Cal. 1964), Robert E. Madruga

San Diego Law Review

This recent case discusses People v. Spriggs (Cal. 1964)

Evidence And Criminal Law--Admission By Silence, Charles David Mcmunn

West Virginia Law Review

No abstract provided.

Road Blocks To Inspect Drivers' Licenses

Washington and Lee Law Review

No abstract provided.