Criminal Procedure Commons^™

Citizen's Arrests And The Fourth Amendment--A Fresh Perspective, Howard E. Wallin

Touro Law Review

No abstract provided.

The Twelve-Person, Unanimous Jury: Does It Have More Than History To Recommend It?, Richard O. Lempert

Articles

My focus today will be on the twelve-person unanimous jury and on the contrasts between such juries and six-person juries or twelve-person juries than can return verdicts by ten-two or nine-three votes. Until about fifteen years ago, it appeared that the sixth and seventh amendments required all federal juries to have twelve members who reached unanimous verdicts, and it appeared possible that the Supreme Court would force the states to conform to the federal standards. Instead, the court did almost the opposite. It sanctioned juries as small as size six in state criminal cases and federal civil cases, and it …

Attempting The Impossible: The Emerging Consensus, Ira Robbins

Scholarly Articles in Law Reviews & Journals

Impossible attempts are situations in which an actor fails to consummate a substantive crime because he is mistaken about attendant circumstances. Professor Robbins divides mistakes regarding circumstances into three categories: mistakes of fact, mistakes of law, and mistakes of mixed fact and law. Courts and commentators disagree primarily over the identification and treatment of mixed fact law cases. Professor Robbins surveys each category of mistake. He then examines the objective, subjective, and hybrid approaches to dealing with the mixed fact/law category. The objective approach requires an objective manifestation of the actor's intent before conviction is allowed. The subjective approach permits …

Corrections In Crisis : Report Of The Governor's Blue Ribbon Commission On Corrections, Maine Governor's Blue Ribbon Commission On Corrections

Maine Collection

Corrections In Crisis : Report of the Governor's Blue Ribbon Commission on Corrections.

Augusta, Me., The Commission, December 1985

"This Commission was funded through the 1984 Appropriations Act, P.L. 1983, Ch. 824, Pt. A."

Contents: Preamble / Summary of Recommendations / Community Corrections Recommendations / Sentencing Recommendations / Correctional Management Recommendations / Selected Legislative Issues / Conclusion

Wainwright V. Witt: A New Standard For Death-Qualifying A Capital Jury, Phillip M. Stowers

West Virginia Law Review

No abstract provided.

The Reluctant Witness For The Prosecution: Grand Jury Subpoenas To Defense Counsel, Stacy Caplow

Faculty Scholarship

No abstract provided.

The Burger Court And Prosecutorial Misconduct, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Professor Gershman critically examines a series of recent Supreme Court decisions dealing with prosecutorial misconduct. In each case, the Court reversed the lower court and reinstated the conviction.

There are a broad range of issues involved; from suppression of evidence to trial misconduct. As a former prosecutor in New York City, the author is forced to conclude that, "Prosecutorial misconduct occurs because it works and because sanctions for misbehavior are virtually nonexistent."

The Key-Man System For Composing Jury Lists In West Virginia--The Story Of Abuse, The Case For Reform, Charles R. Disalvo

West Virginia Law Review

No abstract provided.

Depraved Mind Murder And Intoxication: Some Sobering Thoughts On People V. Register

Touro Law Review

No abstract provided.

Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

Passion is a cogently structured, compel Jingly argued and seductively enthralling masterpiece which, in years to come, will undoubtedly stand out as an inspirational source for many who seek social transformation. Unger's style, in this essay at least, is lucid and inviting. Substantively, Passion demonstrates not only the depth of his penetrating intellect but also his command of an array of' disciplines. Unger's polymathy is all the more impressive when we remember that ours is an era in which idiosyncratic specialization is the norm.

Beyond Psychiatric Expertise (By Ben Bursten, M.D.), Bruce N. Morton

Touro Law Review

No abstract provided.

Wainwright V. Witt, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Cross-Racial Identification Errors In Criminal Cases, Sheri Johnson

Cornell Law Faculty Publications

No abstract provided.

Introduction: Trends And Developments With Respect To That Amendment 'Central To Enjoyment Of Other Guarantees Of The Bill Of Rights', Yale Kamisar

Articles

Seventy years ago, in the famous Weeks case,' the Supreme Court evoked a storm of controversy by promulgating the federal exclusionary rule. When, a half-century later, in the landmark Mapp case,2 the Court extended the Weeks rule to state criminal proceedings, at least one experienced observer assumed that the controversy "today finds its end." 3 But as we all know now, Mapp only intensified the controversy. Indeed, in recent years spirited debates over proposals to modify the exclusionary rule or to scrap it entirely have filled the air - and the law reviews.'

The Good, The Bad, And The Burger Court: Victims' Rights And A New Model Of Criminal Review, 75 J. Crim. L. & Criminology 363 (1984), Timothy P. O'Neill

UIC Law Open Access Faculty Scholarship

No abstract provided.

Right Against Self-Incrimination -- "Public Safety" Exception, David C. Williams

Articles by Maurer Faculty

No abstract provided.

Juries, Susan E. Morton

West Virginia Law Review

No abstract provided.

Rethinking Self-Incrimination In Great Britain, Mark Berger

Faculty Works

No abstract provided.

Gates, 'Probable Cause', 'Good Faith', And Beyond, Yale Kamisar

Articles

Illinois v. Gates1 was the most eagerly awaited constitutional-criminal procedure case of the 1982 Term. I think it fair to say, however, that it was awaited a good deal more eagerly by law enforcement officials and the Americans for Effective Law Enforcement than by defense lawyers and the American Civil Liberties Union. As it turned out, of course, the Gates Court, to the disappointment of many, did not reach the question whether the exclusionary rule in search and seizure cases should be modified so as not to require the exclusion of evidence obtained in violation of the fourth amendment when …

Criminal Venue In The Federal Courts: The Obstruction Of Justice Puzzle, Michigan Law Review

Michigan Law Review

Courts have struggled to determine venue for cases involving obstruction of justice with similarly inconsistent results. The circuits have divided over where to lay venue in prosecutions for obstruction of justice when the defendant allegedly acted in one judicial district to obstruct a proceeding that was pending in another. This Note argues that formalistic analysis, which has led courts to set venue in the district of the affected trial, should be rejected in favor of a more policy-oriented approach. Part I demonstrates that a formalistic statutory analysis that closely inspects either legislative history or the language of the statute ultimately …

Jury Vetting: The Jury Under Attack, Peter Duff, Mark Findlay

Research Collection Yong Pung How School Of Law

The English jury has recently been undergoing various alterations. These changes have their roots in assumptions, often not clearly identified, about the nature and purpose of the jury within the criminal justice system. Once the purpose and ideals of the jury system are identified, and there may be arguments about what they are,' it becomes apparent that there may be a conflict about how they should be put into practice. The state and its agencies may take one view whilst others may differ. An example of one such conflict is the controversy over the newly discovered practice of 'jury vetting'.

Improving Jury Deliberations: A Reconsideration Of Lesser Included Offense Instructions, Michael D. Craig

University of Michigan Journal of Law Reform

This Note approves of efforts to avoid hung juries by giving lesser included offense instructions but opposes those instructions that restrict juror decisions and coerce minority jurors. Rather, this Note offers a lesser included offense instruction that promotes flexibility and jury compromise without undermining the deliberative process. Part I describes the problem of hung juries and how courts have tried to prevent them with restrictive lesser included offense instructions. Part II analyzes the coercive impact of restrictive lesser included offense instructions and concludes that an instruction conditioning deliberations upon individual juror disagreement better promotes compromises on the merits while reducing …

Jury Instructions, John M. Purcell

West Virginia Law Review

No abstract provided.

Criminal Procedure—Supreme Court Defines Scope Of Automobile Exception To Fourth Amendment Warrant Requirement, Michael Schneider

University of Arkansas at Little Rock Law Review

No abstract provided.

Habeas Corpus Review Of State Trial Court Failure To Give Lesser Included Offense Instructions, Michael H. Hoffheimer

University of Michigan Journal of Law Reform

This Note advocates that federal courts review state criminal convictions in habeas corpus proceedings when lesser included offense instructions are available under state law but were not given. Part I demonstrates that granting such review conforms to the modern jurisdictional scope of federal collateral review because failure to give the instructions undermines the fact-finding function of juries and is therefore unconstitutional. Part II analyzes the proper standard of review and determines that the federal interest in protecting the reliability of the fact-finding process should prevail over any conflicting state interest in refusing to give lesser included offense instructions. Part II …

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

Watching The Judiciary Watch The Police, Jon O. Newman

Michigan Law Review

A Review of Police Practices and the Law: Essays from the Michigan Law ReviewThe University of Michigan Press

Exploring The Roots Of Our Criminal Justice Systems, Samuel Walker

Michigan Law Review

A Review of The Roots of Justice by Lawrence M. Friedman and Robert V. Percival, and Conscience and Convenience by David Rothman

The Right To Bail In United States Extradition Proceedings, Carl A. Valenstein

Michigan Journal of International Law

This note examines the judicial rationale for denying bail in extradition proceedings except in special circumstances. The author maintains that the courts apply the special circumstances rule inconsistently. Moreover, a better balance should be struck between the interests of the accused and the interests of the United States Government. This can be accomplished by granting the accused in an extradition proceeding the same right to bail before a final order granting extradition as exists under the federal bail statute.

Bowman V. Leverette: Retroactivity Of Criminal Procedure Decisions, Mary Sanders Richards, John Michael Hedges

West Virginia Law Review

No abstract provided.