Criminal Procedure Commons^™

The Unprivileged Status Of The Fifth Amendment Privilege, Mark Berger

Faculty Works

No abstract provided.

Brewer V. Williams, Massiah And Miranda: What Is 'Interrogation'? When Does It Matter?, Yale Kamisar

Articles

On Christmas Eve, 1968, a ten-year-old girl, Pamela Powers, disappeared while with her family in Des Moines, Iowa.2 Defendant Williams, an escapee from a mental institution and a deeply religious person, 3 was suspected of murdering her, and a warrant was issued for his arrest.4 Williams telephoned a Des Moines lawyer, McKnight, and on his advice surrendered himself to the Davenport, Iowa, police.5 Captain Learning and another Des Moines police officer arranged to drive the 160 miles to Davenport, pick up Williams, and return him directly to Des Moines. 6 Both the trial court 7 and the federal district court8 …

The Supreme Court, Warrantless Searches, And Exigent Circumstances, Richard A. Williamson

Faculty Publications

No abstract provided.

Federal Habeas Corpus And Ineffective Representation Of Counsel: The Supreme Court Has Work To Do, Peter W. Tague

Georgetown Law Faculty Publications and Other Works

The availability of federal habeas corpus relief for state criminal defendants has always borne a complex relationship to state rules barring defendants from litigating constitutional claims in state court because of procedural defaults in raising those claims. The Warren Court's landmark attempt to resolve this relationship was the 1963 decision in Fay v. Noia, which asserted that a state procedural forfeiture rule could not bar federal habeas review of a constitutional claim unless the defendant had "deliberately bypassed" the procedural opportunity to raise the claim; the Court defined "deliberate bypass" in terms of a defendant's intentional and voluntary relinquishment of …

Ballew V. Georgia, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Survey Of Develpoments In West Virginia Law: 1977, Joseph W. Bowman, Thomas Evans, Janet Archer Goodwin, Laura Jane Kelly, Kenneth E. Tawney

West Virginia Law Review

No abstract provided.

Away From Waiver: A Rationale For The Forfeiture Of Constitutional Rights In Criminal Procedure, Peter Westen

Michigan Law Review

Ten years ago, when I was a student in law school, I learned that it was difficult for a criminal defendant to lose completely his right to assert constitutional defenses. The only way he could relinquish his constitutional defenses, I was told, was by actually "waiving" them. Moreover, in order to establish that a defendant had waived his defenses, the state faced a rigorous test: it had to show, in the famous phrase, that his waiver was "knowing, intelligent, and voluntary." In other words, before the state could permanently prevent a defendant from asserting constitutional defenses, it had to show …

Survey Of Developments In West Virginia Law: 1976

West Virginia Law Review

No abstract provided.

Stone V. Powell: Scope Of Habeas Corpus Restricted, 10 J. Marshall J. Of Prac. & Proc. 401 (1977), Thomas M. Kilbane Jr.

UIC Law Review

No abstract provided.

Foreword: Brewer V. Williams--A Hard Look At A Discomfiting Record, Yale Kamisar

Articles

In recent decades, few matters have split the Supreme Court, troubled the legal profession, and agitated the public as much as the police interrogation-confession cases. The recent case of Brewer v. Williams3 is as provocative as any, because the Supreme Court there revdrsed the defendant's conviction for the "savage murder of a small child" even though no Justice denied his guilt,4 he was warned of his rights no fewer than five times, 5 and any "interrogation" that might have occurred seemed quite mild.6

Competency To Stand Trial In Federal Courts: Conceptual And Constitutional Problems, William T. Pizzi

Publications

No abstract provided.

An Evidence Code: The American Experience, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

Professor Paul Rothstien's opening address at the Conference on Current Trends in Evidence, Dalhousie University, 26th November 1976.

Rothstein discusses the American Evidence Code, the American experience with it, and compares it to a proposed Code that Canada is considering.

Craig V. Boren, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Brewer V. Williams, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Castaneda V. Partida, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Domestic Intelligence Informants, The First Amendment And The Need For Prior Judicial Review, Martin L. Perschetz

Buffalo Law Review

No abstract provided.

Rape Shield Laws: Some Constitutional Problems, David S. Rudstein

William & Mary Law Review

No abstract provided.

Expanding Criminal Procedural Rights Under State Constitutions

Washington and Lee Law Review

No abstract provided.

Prisoner Correspondence With Courts, Prosecuting Attorneys, Probation And Parole Officers, Governmental Agencies, Lawyers, And The Press Is Subject To Constitutional Protections Which Limit Regulation By Prison Officials., Barry Paul Hitchings

St. Mary's Law Journal

Abstract Forthcoming.

A Jury Of One's Peers, Lewis H. Larue

Washington and Lee Law Review

No abstract provided.

Survey Of Developments In West Virginia Law: 1975-1976, Lloyd George Jackson Ii, John Burdick Koch, Alan Dale Moats, Thomas A. Vorbach

West Virginia Law Review

No abstract provided.

Constitutional Law-Criminal Procedure-Criminal Contempt-The Right To Trial By Jury - Muniz V. Hoffman, Lon D. Packard

BYU Law Review

No abstract provided.

The Summary Contempt Power And The Constitution: The View From Without And Within, Robert Allen Sedler

Law Faculty Research Publications

The "political trials" of the past decade generated a storm of legal controversy over the conduct of the defendants and their attorneys-and of the judges who presided at their trials. For some, the actions and attitudes of both lawyers and defendants courted disrespect for and presaged a breakdown in the law and its processes; for others, however, it was the response of the judges-chiefly, their heavy-handed wielding of the summary contempt power--that presented the real danger. Professor Sedler brings a unique expertise to his discussion of the use-and abuse--of summary contempt. While his approach reflects the concerns of the scholar, …

Equal Protection And Criminal Sentencing: Legal And Policy Considerations, Mark Berger

Faculty Works

No abstract provided.

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Revocation Of Conditional Liberty For The Commission Of A Crime: Double Jeopardy And Self-Incrimination Limitations, Michigan Law Review

Michigan Law Review

Persons on deferred sentence, probation, or parole who arguably violate the criminal law may face two proceedings: a hearing to revoke their conditional liberty and a criminal trial. The possibility of two proceedings raises at least two major constitutional questions. First, are the defendant's rights under the double jeopardy or due process clauses violated if the state holds two inquiries into the alleged criminal act? Second, is the defendant's privilege against self-incrimination abridged if the revocation hearing is held before the criminal trial?

Due Process In The Prison: A Third Form, Edmund B. Spaeth Jr.

Villanova Law Review (1956 - )

No abstract provided.

Compulsory Process Ii, Peter Westen

Michigan Law Review

This Article examines the validity of the conventional wisdom. It draws support for its analysis from the constitutional principles of compulsory process, and, in their absence, from related doctrine in the areas of a defendant's right to confront witnesses against him and his right to a fair trial. Part I of the article defines the constitutional standard that governs the simple case of a nonindigent defendant who makes a timely application to produce a witness from within the territory of the jurisdiction. Parts II through IV, in turn, examine that standard in the light of complicating factors such as the …

Jurek V. Texas, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Roberts V. Louisiana, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.