Criminal Procedure Commons^™

Habeas Corpus: Its History And Its Future, Charles Alan Wright

Michigan Law Review

A Review of A Constitutional History of Habeas Corpus by William F. Duker

Toward A Common Law For Undercover Investigations - A Book Review Of Abscam Ethics: Moral Issues And Deception In Law Enforcement, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

When Death Is The Issue: Uses Of Pathological Testimony And Autopsy Reports At Trial, J. Thomas Sullivan

Law Faculty Scholarship

No abstract provided.

Constitutional Limitations On Prosecutorial Discovery, Eric Blumenson

Suffolk University Law School Faculty Works

The purpose of this Article is to explore the constitutional implications of prosecutorial discovery and to define the limits that the Constitution imposes upon it. Following an examination of the impact of prosecutorial discovery on the accusatorial system of justice, this Article identifies and describes four constitutionally grounded principles which call into question whether prosecutorial discovery may permissibly be expanded beyond the scope of the rule upheld by the Supreme Court in Williams v. Florida. First, the fifth amendment privilege against self-incrimination, as interpreted by the Supreme Court in Williams, limits prosecutorial discovery to evidence that the defendant presently intends …

Questions Surrounding Virginia's Death Penalty, James T. Lloyd Jr.

University of Richmond Law Review

On August 10, 1982, Frank J. Coppola died in Virginia's electric chair. His was the fifth execution since the 1976 Supreme Court decision holding that a punishment of death was not unconstitutional per se. In the Commonwealth of Virginia, Coppola's was the first execution in over a decade.

Prosecutorial Peremptory Challenge Practices In Capital Cases: An Empirical Study And A Constitutional Analysis, Bruce J. Winick

Michigan Law Review

As presently construed, the Constitution does not prohibit the death penalty. The states and the federal government may punish the commission of certain crimes with death, so long as the extreme penalty is not imposed on a mandatory basis and so long as the procedures used in imposing a death sentence meet constitutional scrutiny.

A demonstration that the prosecutor used the peremptory challenge in the manner described in a single case probably would be insufficient to support a constitutional challenge in the federal courts and in the vast majority of state courts. In these courts a prosecutor's use of the …

Prosecutorial Vindictiveness In The Criminal Appellate Process: Due Process Protection After United States V. Goodwin, Michigan Law Review

Michigan Law Review

This Note reformulates the doctrine of prosecutorial vindictiveness in light of the distinction drawn in Goodwin between pretrial and posttrial charging decisions. Part I recounts the development of the vindictiveness concept, and argues that in extending the doctrine beyond the factual settings which moved the Supreme Court to fashion its original prophylactic rule, the circuit courts have seriously eroded an essential due process safeguard. Part II critically examines the distinction between pretrial and posttrial charging decisions relied upon in Goodwin. Developing the logical corollary of the Goodwin holding, this Part argues that just as the pretrial situation does not …

The Exclusionary Rule: An Examination Of The Case Law And The Present Posture Of The Florida Supreme Court, Michael Shaw Tammaro

Florida State University Law Review

No abstract provided.

The Dimensions Of Seizure: The Concepts Of "Stop" And "Arrest", Richard A. Williamson

Faculty Publications

No abstract provided.

Review Article Of Criminal Procedure: An Analysis Of Constitutional Cases And Concepts, Sara Sun Beale

Journal of Legal Education

No abstract provided.

Stone V. Powell And The Effective Assistance Of Counsel, Michigan Law Review

Michigan Law Review

Part I briefly identifies the considerations underlying the Stone Court's decision to limit habeas corpus review of fourth amendment claims. Part II then argues against applying Stone to the sixth amendment claim. After establishing the analytic difference between the two constitutional claims and examining Stone's "opportunity for full and fair litigation" standard, it concludes that Stone is fully consistent with free review of habeas corpus petitions alleging incompetent handling of fourth amendment questions. Finally, responding to a popular interpretation of Stone, Part II demonstrates that the possibility that ineffectiveness claims may not further the determination of a defendant's …

Double Jeopardy And Federal Prosecution After State Jury Acquittal, Michigan Law Review

Michigan Law Review

This Note argues that the rationale of the Supreme Court's post-conviction cases cannot be extended to cases involving jury acquittal and that federal reprosecution after state jury acquittal violates the double jeopardy clause. One can give meaning to the clause, Part Iexplains, only by reference to its underlying constitutional values.Part II suggests that these values, while possibly compatible with federal prosecution after a state conviction, cannot countenance reprosecution after a jury acquittal. Part III proposes that courts determine whether such reprosecution is appropriate by applying the Blockhurger same offense standard: Two offenses are the same unless each requires proof of …

The Federal Speedy Trial Act: Stampede Into Ambush, 16 J. Marshall L. Rev. 27 (1982), Robert L. Doyel

UIC Law Review

No abstract provided.

Survey Of Developments In West Virginia Law: 1981

West Virginia Law Review

No abstract provided.

Entrapment, Shocked Consciences, And The Staged Arrest, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

This Article discusses the relatively spare and unsettled case law relating to the staged arrest, reflected primarily in United States v. Archer and Nigrone v. Murtagh. Part III of this Article examines the defense of entrapment, one of the most confusing and controversial legal doctrines, and its application to the staged arrest. Because the staged arrest ineluctably raises questions of offensive government conduct that neither constitutes unlawful entrapment nor invades any independent rights of citizens, part IV considers the analysis of courts that have invoked the due process clause to limit government investigations. In view of the failure of these …

Abscam, The Judiciary, And The Ethics Of Entrapment, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Part I of this Article surveys the development of the competing threads of entrapment theory. Part II shows how these theories were applied in the Abscam prosecutions. Part III turns to the predisposition test and demonstrates its analytical flaws and its ineffectiveness in restraining he improper use of inducements in undercover investigations. Part IV offers specific suggestions for a federal entrapment statute to remedy these defects. The statute allows an entrapment defense where the undercover techniques used fall outside a narrowly defined range of permissible conduct. If the government's conduct is permissible, the statute nevertheless requires the decision-maker to examine …

Criminal Law And Procedure, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Criminal Law: Homicide, Ellen Y. Suni

Faculty Works

Substantive criminal law in Missouri has undergone substantial change in recent years. The most significant aspect of this change has been the adoption of the criminal code which discarded common law definitions of crime and redefined offenses in accord with the more modern Model Penal Code ap­proach. Although the code's drafters recommended major revision of the homicide statutes, these revisions were not ultimately adopted and the Mis­souri homicide statutes retained their common law approach. A combination of United States Supreme Court decisions, legislative activity and Missouri cases decided during the last decade, however, have led to important develop­ments in the …

Criminal Procedure, The Burger Court, And The Legacy Of The Warren Court, Jerold H. Israel

Book Chapters

During the 1960s, the Warren Court's decisions in the field of criminal procedure were strongly denounced by many prosecutors, police officers, and conservative politicians. Some of these critics were careful in their description of the Warren Court's record. Others let their strong opposition to several of the Court's more highly publicized decisions destroy their perception of the Court's work as a whole.

The Right Of Confrontation: Part I, Paul C. Giannelli

Faculty Publications

No abstract provided.

A Dissent From The Miranda Dissents: Some Comments On The 'New' Fifth Amendment And The Old 'Voluntariness' Test, Yale Kamisar

Book Chapters

If the several conferences and workshops (and many lunch conversations) on police interrogation and confessions in which I have participated this past summer are any indication, Miranda v. Arizona has evoked much anger and spread much sorrow among judges, lawyers and professors. In the months and years ahead, such reaction is likely to be translated into microscopic analyses and relentless, probing criticism of the majority opinion. During this period of agonizing appraisal and reappraisal, I think it important that various assumptions and assertions in the dissenting opinions do not escape attention.

Robbins, Belton And Ross: Reconsideration Of Bright Line Rules For Warrantless Container Searches, Christopher J. St. John

Cleveland State Law Review

This Note analyzes the development of these warrantless container search and seizure exceptions to furnish a comprehensive review of their justifications. The major focus is on the underlying rationale of Belton and Ross and the possible ramifications of such far-reaching warrant exceptions. The Note recommends that state courts interpret their state constitutions to allow the less drastic alternative of warrantless seizures of certain containers rather than warrantless searches as permitted by Belton and Ross under the federal Constitution. In addition, an analytic methodology for isolating interrelated yet distinct search and seizure questions is proposed. Initially, a general background of fourth …

Capital Punishment In Ohio: Aggravating Circumstances, Elaine C. Hilliard

Cleveland State Law Review

The state of Ohio enacted a new death penalty statute which became effective October 19, 1981. As of January 18, 1983, eighty-three defendants had been indicted under the new statute. It is, therefore, both necessary and timely to evaluate Ohio's statutory delineation of who may die and its effect for compliance with constitutional mandates. This Note sets forth the hypotheses and supporting legal authority for analyzing Ohio's statutory aggravating circumstances individually and in the aggregate on equal protection and procedural due process grounds.

Death-Qualification And The Fireside Induction, Robert M. Berry

University of Arkansas at Little Rock Law Review

No abstract provided.

Search And Seizure—Administrative Law—Warrantless Inspection Provision Of The Federal Mine Safety And Health Act Of 1977 Held Constitutional, Bruce D. Maloch

University of Arkansas at Little Rock Law Review

No abstract provided.

Coast Guard Boardings Of Suspected Drug Smuggling Vessels On The High Seas And The Fourth Amendment: United States V. Streifel, Roger A. Stetter

Cardozo Law Review

Report and Recommendation to the New York State Bar Association by the Committee on Federal Constitution

The Right Of Confrontation: Part Ii, Paul C. Giannelli

Faculty Publications

No abstract provided.

The Right To Defense Experts, Paul C. Giannelli

Faculty Publications

No abstract provided.

"Arbeit Macht Frei:" Vocational Rehabilitation And The Release Of Virginia's Criminally Insane, Daryl B. Matthews, Patrick J. Coyne

University of Richmond Law Review

The release from confinement of persons acquitted by reason of insanity is one of the most perplexing problems of the criminal law. The insanity acquittee's release confronts our deepest fears, and the procedures which society employes in this process force us to face the difficult and often intractable issue of the responsibility of the criminally insane.

Judicial Restraining Orders And The Media: Does It Really Matter Who Is Gagged?, James M. Jennings Ii

University of Richmond Law Review

Writing in Bridges v. California, Justice Hugo Black observed forty years ago that "free speech and fair trials are two of the most cherished policies of our civilization, and it would be a trying task to choose between them." And yet, these constitutionally guaranteed rights have been in conflict since at least 1807.