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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
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
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
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
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
Buffalo Law Review
Greenwald v. Wisconsin, 390 U.S. 519 (1968).
Journalistic Media And Fair Trial, William M. Ware, Gerard D. Dimarco
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
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
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
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
'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
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
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
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
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
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
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
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
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
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
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
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
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
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
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.
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
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
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
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
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
Constitutional Law--Indigents' Waiver Of Counsel On Appeal, John I. Rogers Ii
West Virginia Law Review
No abstract provided.