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Articles 3211 - 3240 of 3359

Full-Text Articles in Criminal Procedure

Constitutional Law—Right To Counsel—Alleged Parole Violator Has Right To Counsel At A Parole Revocation Hearing, S. D. Hester Apr 1969

Constitutional Law—Right To Counsel—Alleged Parole Violator Has Right To Counsel At A Parole Revocation Hearing, S. D. Hester

Buffalo Law Review

People ex rel. Combs v. La Vallee, 29 A.D. 2d 128, 286 N.Y.S.2d 600 (4th Dept. 1968), appeal dismissed, 22 N.Y.2d 857, 293 N.Y.S.2d 117 (1968).


Due Process And The Juvenile Offender., Carlos Cadena Mar 1969

Due Process And The Juvenile Offender., Carlos Cadena

St. Mary's Law Journal

For over sixty years, courts consistently found notions of due process inapplicable in juvenile proceedings. The goal of the juvenile court movement was to establish systems of education and protection of errant children, rather than deterrence and retribution. To accomplish these results, the juvenile court was shorn of all resemblance to criminal courts. Public hearings were to be avoided and the intervention of counsel was not required, since the juvenile judge represented both the child and the state. However, it became clear that children were receiving the protection of the state because they engaged in criminal conduct and with little …


The Effect Of Mathis On Right To Counsel In Tax Investigations, Norvie L. Lay Jan 1969

The Effect Of Mathis On Right To Counsel In Tax Investigations, Norvie L. Lay

Villanova Law Review (1956 - )

No abstract provided.


Bail As A Preferred Freedom And The Failures Of New York's Revision, Neil Fabricant Jan 1969

Bail As A Preferred Freedom And The Failures Of New York's Revision, Neil Fabricant

Buffalo Law Review

No abstract provided.


Criminal Law—Denial Of Counsel And Failure To Provide Adequate Warnings Regarding Constitutional Rights Have Important Bearing On Confessions Which Are Tested Under The Totality Of Circumstances., Edwin H. Wolf Jan 1969

Criminal Law—Denial Of Counsel And Failure To Provide Adequate Warnings Regarding Constitutional Rights Have Important Bearing On Confessions Which Are Tested Under The Totality Of Circumstances., Edwin H. Wolf

Buffalo Law Review

Greenwald v. Wisconsin, 390 U.S. 519 (1968).


Journalistic Media And Fair Trial, William M. Ware, Gerard D. Dimarco Jan 1969

Journalistic Media And Fair Trial, William M. Ware, Gerard D. Dimarco

Cleveland State Law Review

The rights of an accused to a fair trial, and freedom of the press, both are fundamental rights guaranteed by the Federal Constitution. Yet these constitutional guarantees, in collision, present one of the most critical current conflicts in the administration of criminal justice. The problem involves what is presently called "prejudicial news reporting" -news which is prejudicial to the right of the defendant to a fair trial. This paper will try to analyze this conflict, hoping to reach some conclusions which will ultimately aid in the administration of justice without abridging the rights of any parties involved.


Police Warning In Drunk Driver Tests, Richard Galex Jan 1969

Police Warning In Drunk Driver Tests, Richard Galex

Cleveland State Law Review

Recently, the Supreme Court specifically declined to consider the applicability of Miranda to motor vehicle cases in general. The various state courts are now being called upon to decide the extent of its application and, in particular, whether the Miranda mandate controls in misdemeanor proceedings. This article examines the present status of Miranda in relation to drinking driver traffic offenses as interpreted by the various courts, and the necessity of extending the rule to these offenses.


For A Swifter Criminal Appealto Protect The Public As Well As The Accused, Albert V. Bryan Sep 1968

For A Swifter Criminal Appealto Protect The Public As Well As The Accused, Albert V. Bryan

Washington and Lee Law Review

No abstract provided.


Marijuana And The Law: The Constitutional Challenges To Marijuana Laws In Light Of The Social Aspects Of Marijuana Use, Mark S. Dichter Jan 1968

Marijuana And The Law: The Constitutional Challenges To Marijuana Laws In Light Of The Social Aspects Of Marijuana Use, Mark S. Dichter

Villanova Law Review (1956 - )

No abstract provided.


'Custodial Interrogation' Within The Meaning Of Miranda, Yale Kamisar Jan 1968

'Custodial Interrogation' Within The Meaning Of Miranda, Yale Kamisar

Book Chapters

The primary conceptual hurdle confronting the Miranda Court was the "legal reasoning" that any and all police interrogation is unaffected by the privilege against self-incrimination because such interrogation does not involve any kind of judicial process for the taking of testimony; inasmuch as police officers have no legal authority to compel statements of any kind, there is no legal obligation, ran the argument, to which a privilege can apply. See, e.g., the discussion and authorities collected in Kamisar, A Dissent from the Miranda Dissents: Some Comments on the "New" Fifth Amendment and the Old "Voluntariness" Test, 65 MICH. L. REv. …


The Drinking Driver: An Approach To Solving A Problem Of Underestimated Severity, David A. Scholl Jan 1968

The Drinking Driver: An Approach To Solving A Problem Of Underestimated Severity, David A. Scholl

Villanova Law Review (1956 - )

No abstract provided.


Do Police Sometimes Practice 'Civil Disobedience', Too?, Yale Kamisar Jan 1968

Do Police Sometimes Practice 'Civil Disobedience', Too?, Yale Kamisar

Articles

In a recent address, Mr. Joseph J. Casper, Assistant Director of the FBI, asserted that "a society living under the rule of law cannot permit persons to choose the Jaws which they will obey and the Jaws which they will break." But on reading the rest of his speech, one wonders whether he would strenuously object if the police were permitted to select the laws which they must obey and those they may disregard.


Causation In Common Sense: A Reply To Messrs. Hart And Honore, Paul F. Rothstein Jan 1968

Causation In Common Sense: A Reply To Messrs. Hart And Honore, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

No abstract provided.


Advisory Committee On Sentencing And Review: American Bar Association Project On Minimum Standards For Criminal Justice: Standards Relating To Post-Conviction Remedies, Daniel J. Meador Nov 1967

Advisory Committee On Sentencing And Review: American Bar Association Project On Minimum Standards For Criminal Justice: Standards Relating To Post-Conviction Remedies, Daniel J. Meador

Michigan Law Review

A Review of American Bar Association Project on Minimum Standards for Criminal Justice: Standards Relating to Post-Conviction Remedies (Tentative Draft) recommended by the Advisory Committee on Sentencing and Review


Criminal Procedure—Indictment—Evidence Inadmissible At Trial Is Inadmissible In Grand Jury Proceedings, Michael Nelson Apr 1967

Criminal Procedure—Indictment—Evidence Inadmissible At Trial Is Inadmissible In Grand Jury Proceedings, Michael Nelson

Buffalo Law Review

West v. United States, 359 F.2d 50 (8th Cir.), cert. denied mem., 87 Sup. Ct. 131 (1966).


Criminal Procedure—Miranda: The Application Of The Fifth Amendment Right Against Self-Incrimination To Confessions—A Change In Approach., Gary M. Cohen Jan 1967

Criminal Procedure—Miranda: The Application Of The Fifth Amendment Right Against Self-Incrimination To Confessions—A Change In Approach., Gary M. Cohen

Buffalo Law Review

Miranda v. Arizona (consolidated in a single opinion with three companion cases, Vignera v. New York, Westover v. United States and California v. Stewart), 384 U.S. 436 (1966).


Family Law—Application Of The Rules Against Search And Seizure To Juvenile Delinquency Proceedings, Alan Eber Jan 1967

Family Law—Application Of The Rules Against Search And Seizure To Juvenile Delinquency Proceedings, Alan Eber

Buffalo Law Review

Matter of Williams, 49 Misc. 2d 154, 267 N.Y.S.2d 91 (Ulster County Family Ct. 1966).


Recent Developments, Various Editors Jan 1967

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.


In Re Gault: Understanding The Attorney's New Role, Glenn C. Equi, James D. Hutchinson, Barney B. Welsh Jan 1967

In Re Gault: Understanding The Attorney's New Role, Glenn C. Equi, James D. Hutchinson, Barney B. Welsh

Villanova Law Review (1956 - )

No abstract provided.


Law Enforcement States Its Views, John Edgar Hoover Jan 1967

Law Enforcement States Its Views, John Edgar Hoover

Villanova Law Review (1956 - )

No abstract provided.


Criminal Law-Confessions-Admission Of Illegally Obtained Confession In State Criminal Prosecution Is Harmless Error Not Requiring Reversal Of Conviction--People V. Jacobson, Michigan Law Review Jan 1967

Criminal Law-Confessions-Admission Of Illegally Obtained Confession In State Criminal Prosecution Is Harmless Error Not Requiring Reversal Of Conviction--People V. Jacobson, Michigan Law Review

Michigan Law Review

Defendant voluntarily admitted that he had murdered his daughter to a social worker, two ambulance attendants, and three police officers sent to investigate the incident. He continued to declare his guilt to these officers after his arrest, on the way to the police station, and at the police station where he was interrogated without the benefit of counsel although he had not waived his right to counsel. All of the confessions-approximately ten-were admitted in evidence at the defendant's trial over his objection that the two confessions obtained during the interrogation should have been excluded since he had been denied his …


United States V. Tempia: The Questionable Application Of Miranda To The Military, James F. Falco Jan 1967

United States V. Tempia: The Questionable Application Of Miranda To The Military, James F. Falco

Villanova Law Review (1956 - )

No abstract provided.


The Citizen On Trial: The New Confession Rules, Yale Kamisar Jan 1967

The Citizen On Trial: The New Confession Rules, Yale Kamisar

Articles

Commenting on why it has taken the United States so long to apply "the privilege against self-incrimination and the right to counsel to the proceedings in the stationhouse as well as to those in the courtroom" - as the Supreme Court did in Miranda v. Arizona - this author notes that, "To a large extent this is so because here, as elsewhere, there has been a wide gap between the principles to which we aspire and the practices we actually employ."


Criminal Procedure—Double Jeopardy—Retrial For Greater Degree Of Offense Charged After Reversal Of Conviction For Lesser Degree Of Same Offense Constitutes Double Jeopardy, Jeffrey Sellers Jan 1967

Criminal Procedure—Double Jeopardy—Retrial For Greater Degree Of Offense Charged After Reversal Of Conviction For Lesser Degree Of Same Offense Constitutes Double Jeopardy, Jeffrey Sellers

Buffalo Law Review

People v. Ressler, 17 N.Y.2d 174, 216 N.E.2d 582, 269 N.Y.S.2d 414 (1966).


Newman: Conviction: The Determination Of Guilt Or Innocence Without Trial, B. J. George Jr. Jan 1967

Newman: Conviction: The Determination Of Guilt Or Innocence Without Trial, B. J. George Jr.

Michigan Law Review

A Review of Conviction: The Determination of Guilt or Innocence Without Trial by Donald J. Newman


Film Censorship: The American And British Experience, Robert J. Klein Jan 1967

Film Censorship: The American And British Experience, Robert J. Klein

Villanova Law Review (1956 - )

No abstract provided.


Habeas Corpus--Custody And Release From Custody Requirements Of Habeas Corpus--Viability Of Mcnally V. Hill In The Moden Context, Michigan Law Review Nov 1966

Habeas Corpus--Custody And Release From Custody Requirements Of Habeas Corpus--Viability Of Mcnally V. Hill In The Moden Context, Michigan Law Review

Michigan Law Review

Section 2241 of Title 28 of the United States Code requires that a petitioner for a writ of habeas corpus be "in custody." As a corollary of the "custody" requirement, the common law tradition required that the effect of the writ must be the petitioner's "release from custody.'' Because the United States Constitution and the federal habeas corpus statutes guarantee the availability of the writ in general terms, it is to the common law that the courts have consistently turned for the definition of these terms and for the restrictive effect of these requirements on the availability of the writ …


Comparative Study Of Certain Due Process Requirements Of The European Human Rights Convention, Thomas Buergenthal Oct 1966

Comparative Study Of Certain Due Process Requirements Of The European Human Rights Convention, Thomas Buergenthal

Buffalo Law Review

No abstract provided.


Constitutionality Of Conviction Under Narcotics Possession Statute, Anon Jun 1966

Constitutionality Of Conviction Under Narcotics Possession Statute, Anon

Washington Law Review

Defendant was convicted of the felony of possession of a narcotic without a prescription, and was sentenced to serve a maximum term of twenty years. Defendant claimed that, on the same facts, the prosecutor could have charged the defendant with the gross misdemeanor of illegal use of narcotic drugs. Defendant argued that this vests discretion in the prosecutor to charge either a felony or a gross misdemeanor, and that this discretion is violative of the equal protection clauses of the Washington and United States constitutions. On appeal, the Washington Supreme Court affirmed the conviction. Held: The gross misdemeanor of illegal …


Constitutional Law--Indigents' Waiver Of Counsel On Appeal, John I. Rogers Ii Jun 1966

Constitutional Law--Indigents' Waiver Of Counsel On Appeal, John I. Rogers Ii

West Virginia Law Review

No abstract provided.