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Articles 3121 - 3150 of 3359
Full-Text Articles in Criminal Procedure
Proffitt V. Florida, Lewis F. Powell Jr.
Proffitt V. Florida, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Woodson V. North Carolina, Lewis F. Powell Jr.
Woodson V. North Carolina, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Gregg V, Georgia, Lewis F. Powell Jr.
Gerstein V. Pugh, 420 U.S. 103 (1975); In Re Florida Rules Of Criminal Procedure, 309 So. 2d 544 (Fla. 1975), R. Wayne Miller
Gerstein V. Pugh, 420 U.S. 103 (1975); In Re Florida Rules Of Criminal Procedure, 309 So. 2d 544 (Fla. 1975), R. Wayne Miller
Florida State University Law Review
Criminal Procedure- PRELIMINARY HEARINGS- NONADVERSARY JUDICIAL DETERMINATION OF PROBABLE CAUSE TO DETAIN IS PREREQUISITE TO EXTENDED RESTRAINT OF LIBERTY FOLLOWING ARREST.
Constitutional Restraints On The Exclusion Of Evidence In The Defendant's Favor: The Implications Of Davis V. Alaska, Michigan Law Review
Constitutional Restraints On The Exclusion Of Evidence In The Defendant's Favor: The Implications Of Davis V. Alaska, Michigan Law Review
Michigan Law Review
This Note, first, examines the Davis methodology for determining whether a foreclosed line of cross-examination warrants protection by the confrontation clause, and suggests a test employable by reviewing courts for making that determination. Then, the Note sketches the contours of the clash, prefigured by Davis, between the right of confrontation and the limitations on cross-examination that result from both the assertion of testimonial privileges and trial court relevance rulings.
Pretrial Diversion From The Criminal Process: Some Constitutional Considerations, Kenneth W. Macke
Pretrial Diversion From The Criminal Process: Some Constitutional Considerations, Kenneth W. Macke
Indiana Law Journal
No abstract provided.
Criminal Procedure--Recidivism--Constitutionality Of The West Virginia Recidivist Statute, Cynthia L. Turco
Criminal Procedure--Recidivism--Constitutionality Of The West Virginia Recidivist Statute, Cynthia L. Turco
West Virginia Law Review
No abstract provided.
Expanding Defendant's Discovery: The Jencks Act At Pretrial Hearings, David B. Olney
Expanding Defendant's Discovery: The Jencks Act At Pretrial Hearings, David B. Olney
Buffalo Law Review
No abstract provided.
Attica, Jury Pools And The Intent Requirement Of The Equal Protection Clause, Kenneth B. Forrest
Attica, Jury Pools And The Intent Requirement Of The Equal Protection Clause, Kenneth B. Forrest
Buffalo Law Review
No abstract provided.
Parole Revocation And The Right To Counsel, Paul W. Grimm
Parole Revocation And The Right To Counsel, Paul W. Grimm
Faculty Scholarship
No abstract provided.
The Constitutional Rights Of Criminal Defendants: The Identity Of Informers, 8 J. Marshall J. Prac. & Proc. 401 (1975), John W. Cox Jr.
The Constitutional Rights Of Criminal Defendants: The Identity Of Informers, 8 J. Marshall J. Prac. & Proc. 401 (1975), John W. Cox Jr.
UIC Law Review
No abstract provided.
The Federal Anti-Riot Act And Political Crime: The Need For Criminal Law Theory, Marvin Zalman
The Federal Anti-Riot Act And Political Crime: The Need For Criminal Law Theory, Marvin Zalman
Villanova Law Review (1956 - )
No abstract provided.
Hearsay And Confrontation: Can The Criminal Defendant's Rights Be Preserved Under A Bifurcated Standard?
Washington and Lee Law Review
No abstract provided.
A Reconsideration Of The Fourth Amendment's Doctrine Of Search Incident To Arrest.Pdf, David Aaronson
A Reconsideration Of The Fourth Amendment's Doctrine Of Search Incident To Arrest.Pdf, David Aaronson
Scholarly Articles in Law Reviews & Journals
INTRODUCTION: The doctrine of search incident to arrest provides that, as an incident to every lawful full custody arrest, law enforcement officers have an automatic right to conduct a thorough search of the arrestee and the area within his immediate control.' Although the Supreme Court has stated that the search incident to arrest exception to the fourth amendment's general requirement of a search warrant has been "settled from its first enunciation," the doctrine should be reexamined in terms of constitutional jurisprudence.
The Compulsory Process Clause, Peter Westen
The Compulsory Process Clause, Peter Westen
Michigan Law Review
Part I of this article traces the history of compulsory process, from its origin in the English transition from an inquisitional to an adversary system of procedure to its eventual adoption in the American Bill of Rights. Part II examines the Supreme Court's seminal decision in Washington v. Texas, which recognized after a century and a half of silence that the compulsory process clause was designed to enable the defendant not only to produce witnesses, but to put them on the stand and have them heard. Part III studies the implications of compulsory process for the defendant's case, from the …
Kauper's 'Judicial Examination Of The Accused' Forty Years Later—Some Comments On A Remarkable Article, Yale Kamisar
Kauper's 'Judicial Examination Of The Accused' Forty Years Later—Some Comments On A Remarkable Article, Yale Kamisar
Articles
For a long time before Professor Paul Kauper wrote "Judicial Examination of the Accused" in 1932, and for a long time thereafter, the "legal mind" shut out the de facto inquisitorial system that characterized American criminal procedure. Paul Kauper could not look away. He recognized the "naked, ugly facts" (p. 1224) and was determined to do something about them -more than thirty years before Escobedo v. Illinois' or Miranda v. Arizona.2
Mullaney V. Wilbur, Lewis F. Powell Jr.
Mullaney V. Wilbur, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
United States V. Nobles, Lewis F. Powell Jr.
United States V. Nobles, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
United States V. Nixon, Lewis F. Powell Jr.
United States V. Nixon, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Gerstein V. Pugh, Lewis F. Powell Jr.
Police Interrogation: Michigan V. Tucker, Quentin T. Sumner
Police Interrogation: Michigan V. Tucker, Quentin T. Sumner
North Carolina Central Law Review
No abstract provided.
Constitutional Standards For Applying The Plain View Doctrine., Bennie F. Steinhauser Jr.
Constitutional Standards For Applying The Plain View Doctrine., Bennie F. Steinhauser Jr.
St. Mary's Law Journal
Abstract Forthcoming.
A New Role For An Ancient Writ: Postconviction Habeas Corpus Relief In Georgia (Part Ii), Donald E. Wilkes Jr.
A New Role For An Ancient Writ: Postconviction Habeas Corpus Relief In Georgia (Part Ii), Donald E. Wilkes Jr.
Scholarly Works
In Part I of this Article, appearing in Volume 8 of the Georgia Law Review at page 313, Professor Wilkes traced the development of postconviction habeas corpus in Georgia up to 1967. In this the second part of the Article, he examines the background and passage of the Georgia Habeas Corpus Act of 1967. Finally, Professor Wilkes assesses the degree to which the Act has fulfilled its purposes, and suggests several possible changes for the future.
Applying The Administrative Procedure Act To Federal Parole Decision Making., Campbell Mcginnis
Applying The Administrative Procedure Act To Federal Parole Decision Making., Campbell Mcginnis
St. Mary's Law Journal
Abstract Forthcoming.
Defense Counsel And The First Amendment: A Time To Keep Silence, And A Time To Speak., Jeffrey Cole, Michael I. Spak
Defense Counsel And The First Amendment: A Time To Keep Silence, And A Time To Speak., Jeffrey Cole, Michael I. Spak
St. Mary's Law Journal
Abstract Forthcoming.
A Sixth Amendment Right To Counsel Under Article 15 Of The Uniform Code Of Military Justice, Michigan Law Review
A Sixth Amendment Right To Counsel Under Article 15 Of The Uniform Code Of Military Justice, Michigan Law Review
Michigan Law Review
Article 15 of the Uniform Code of Military Justice (UCMJ) enables a commanding officer to sentence a service member who has committed a minor infraction to thirty days of correctional custody. The article 15 proceeding offers few procedural safeguards; among the protections lacking is the right to counsel. This Note will consider whether the failure of the military to provide counsel at an article 15 proceeding is consistent with the sixth amendment, which provides that "[i]n all criminal prosecutions, the accused shall enjoy the right ... to have the Assistance of Counsel for his defence." The Note first will discuss …
Kirby, Biggers, And Ash: Do Any Constitutional Safeguards Remain Against The Danger Of Convicting The Innocent?, Joseph D. Grano
Kirby, Biggers, And Ash: Do Any Constitutional Safeguards Remain Against The Danger Of Convicting The Innocent?, Joseph D. Grano
Michigan Law Review
Even recognizing the danger of misidentification, procedural safeguards, especially constitutional ones, are not readily apparent. Some judges, such as Justice Stewart, find less need for counsel at photographic displays than at lineups; others find an equivalent or even greater need for counsel. Some judges, in approving on-the-scene identifications without counsel, find a guarantee of accuracy in the short interval between the crime and the identification; other judges decry such procedures and find them inherently suggestive. The problem stems directly from the lack of scientific knowledge and inquiry. Therefore, in analyzing the recent identification cases, this Article will draw upon experimental …
The Fifth Amendment And Compelled Testimony: Practical Problems In The Wake Of Kastigar, E. R. Harding
The Fifth Amendment And Compelled Testimony: Practical Problems In The Wake Of Kastigar, E. R. Harding
Villanova Law Review (1956 - )
No abstract provided.
Constitutional Law - Fourth Amendment - Conduct Of An Effective Foreign Policy Demands That Presidential Power To Conduct Electronic Surveillance For Foreign Affaris Purposes Not Be Subjected To Warrant Requirement, And That Subsequent Judicial Review Be Limited, Mark R. Cuker
Villanova Law Review (1956 - )
No abstract provided.
The Fourth Amendment As A Way Of Talking About People: A Study Of Robinson And Matlock, James Boyd White
The Fourth Amendment As A Way Of Talking About People: A Study Of Robinson And Matlock, James Boyd White
Articles
One way to regard what the Supreme Court has done in the cases it has decided under the Fourth Amendment is to say that it has created a specialized discourse of adjudication, a language in which it can talk about and dispose of the repeated conflicts that arise between an officer engaged in the process of crime control and a citizen upon whose freedom or security he intrudes. The events which bring these two figures together are bewildering in their variety and complexity, and the claims on each side are deeply felt and strenuously made. It has not been easy …