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Articles 2281 - 2310 of 2373
Full-Text Articles in Criminal Procedure
Sarno V. Illinois Crime Investigating Commission, Lewis F. Powell Jr.
Sarno V. Illinois Crime Investigating Commission, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Invoking Summary Criminal Contempt Procedures--Use Of Abuse? United States V. Dellinger --The "Chicago Seven" Contempts, Michigan Law Review
Invoking Summary Criminal Contempt Procedures--Use Of Abuse? United States V. Dellinger --The "Chicago Seven" Contempts, Michigan Law Review
Michigan Law Review
In late August of 1968, while delegates to the Democratic National Convention were arriving in Chicago, a group of several thousand demonstrators gathered in the city's Lincoln Park to protest the Convention, the Vietnam War, and the city's refusal to grant the group a permit to hold rallies and marches during the Convention. The week that followed was marred by violent confrontations between the demonstrators and the city's police.1 This violence in Chicago provided the impetus for an indictment by a federal grand jury of the defendants in United States v. Dellinger.
Habeas Corpus--Applicability Of Doctrine Of Res Judicata
Habeas Corpus--Applicability Of Doctrine Of Res Judicata
West Virginia Law Review
No abstract provided.
The Standard Of Proof In Juvenile Proceedings: Gault Beyond A Reasonable Doubt, James Hillson Cohen
The Standard Of Proof In Juvenile Proceedings: Gault Beyond A Reasonable Doubt, James Hillson Cohen
Michigan Law Review
Some of those who have studied the question of the appropriate standard of proof in juvenile proceedings have determined that the "preponderance of the evidence" standard-the standard applied in civil cases-is sufficient, and that the criminal standard should not be applied in such cases. Others have suggested that the standard-of proof question is unimportant since the particular standard which is required will seldom, if ever, make a difference to the outcome of a case. The first of these views is the subject to which the bulk of this Article is addressed; the second can be rebutted by the observation that …
American Bar Association Project On Minimum Standards For Criminal Justice: Standards Relating To Trial By Jury (Approved Draft), Melvin M. Belli
American Bar Association Project On Minimum Standards For Criminal Justice: Standards Relating To Trial By Jury (Approved Draft), Melvin M. Belli
Michigan Law Review
A Review of American Bar Association Project on Minimum Standards for Criminal Justice: Standards Relating to Trial by Jury (Approved Draft). Recommended by the Advisory Committee on the Criminal Trial
Reimbursement Of Defense Costs As A Condition Of Probation For Indigents, Michigan Law Review
Reimbursement Of Defense Costs As A Condition Of Probation For Indigents, Michigan Law Review
Michigan Law Review
It is extremely difficult to obtain precise information concerning the prevalence of this practice. There is only one reported case on the subject, and empirical evidence is almost wholly lacking because of the wide discretion granted sentencing courts in imposing probation conditions, and because of the reluctance of appellate courts to review the exercise of that discretion. However, courts have frequently imposed costs on nonindigent probationers, and in many jurisdictions the statutes which authorize such a probation condition with respect to solvent probationers seem broad enough to include indigents as well. Moreover, two recent studies have unearthed specific data which …
Federal Courts--Discovery--Stay Of Discovery In Civil Court To Protect Proceedings In Concurrent Criminal Action--The Pattern Of Remedies, Michigan Law Review
Federal Courts--Discovery--Stay Of Discovery In Civil Court To Protect Proceedings In Concurrent Criminal Action--The Pattern Of Remedies, Michigan Law Review
Michigan Law Review
The federal criminal discovery rules were a carefully weighed compromise between the parties' needs for information and the defendant's need for protection from inquisatorial investigation. This balance may be upset when the more liberal discovery rules in a concurrent, related civil action permit information to be obtained which is not discoverable under the criminal rules. Two recent cases, United States v. Simon and United States v. American Radiator &- Standard Sanitary Corp., illustrate the difficulty of protecting the integrity of the criminal discovery rules in such a situation.
Criminal Procedure--Evidence--Composite Drawing Not Producible Under Jencks Act--United States V. Zurita, Michigan Law Review
Criminal Procedure--Evidence--Composite Drawing Not Producible Under Jencks Act--United States V. Zurita, Michigan Law Review
Michigan Law Review
Following a bank robbery, the bank manager and his wife provided descriptions enabling an agent of the Federal Bureau of Investigation to compose drawings of the robbers which were then "approved" by each of these witnesses as being substantially accurate. At the defendant's trial four years later, he was identified by the manager and his wife as one of the robbers. The defendant, in an attempt to impeach their testimony, requested that the government be compelled under the Jencks Act to produce the original composite drawings. The trial court denied this request, stating that the production of these drawings was …
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
Recent Developments, Various Editors
Recent Developments, Various Editors
Villanova Law Review (1956 - )
No abstract provided.
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.
Notes For Law Day Speech, Lewis F. Powell Jr.
Notes For Law Day Speech, Lewis F. Powell Jr.
Powell Speeches
Speech delivered at Richmond Kiwanis Club, Richmond, Virginia.
The Uncertain Rules Of Timeliness In Petitions For The Writ Of Habeas Corpus, Edwin M. Goldsmith Iii
The Uncertain Rules Of Timeliness In Petitions For The Writ Of Habeas Corpus, Edwin M. Goldsmith Iii
Villanova Law Review (1956 - )
No abstract provided.
The Use Of Coerced Confessions In State Courts, J. A. Spanogle
The Use Of Coerced Confessions In State Courts, J. A. Spanogle
Vanderbilt Law Review
It is now well settled that involuntary confessions must be excluded from evidence in all criminal trials in state courts. It has been difficult, however, to distinguish a voluntary confession from an involuntary one, because the term "involuntary" is not well defined. This lack of definition, which creates great problems for state trial and appellate courts in attempting to apply the rule to individual cases, has, in turn, stemmed from a lack of understanding of the reasons for excluding involuntary confessions. The United States Supreme Court has handed down thirty-four coerced confession cases, holding confessions admissible in some factual situations …
The Use Of Public Opinion Polls In Continuance And Venue Hearings, Edward F. Sherman
The Use Of Public Opinion Polls In Continuance And Venue Hearings, Edward F. Sherman
Articles by Maurer Faculty
Courts are becoming increasingly receptive to the admission of the results of public opinion polls to show community attitudes and prejudgments as to certain criminal cases in which continuances or changes of venue are sought by the defendants. Mr. Sherman concludes that polls may provide a degree of evidentiary certainty now lacking, but he warns that polls can also be tricky unless properly conducted and interpreted.
Misconduct Of Judges And Attorneys During Trial: Informal Sanctions, Charles W. Ehrhardt
Misconduct Of Judges And Attorneys During Trial: Informal Sanctions, Charles W. Ehrhardt
Scholarly Publications
No abstract provided.
Power To Comment On The Issue Of Guilt: Trial By Jury Or Trial By Judge, Thomas F. Schilpp
Power To Comment On The Issue Of Guilt: Trial By Jury Or Trial By Judge, Thomas F. Schilpp
Villanova Law Review (1956 - )
No abstract provided.
The New Michigan Pre-Trial Procedural Rules-Models For Other States?, Robert Meisenholder
The New Michigan Pre-Trial Procedural Rules-Models For Other States?, Robert Meisenholder
Michigan Law Review
The new Michigan procedural laws are embodied in a revised set of statutes and court rules which became effective January 1, 1963, after a long period of study by a Joint Committee on Michigan Procedural Revision. They abolish an anachronistic distinction between procedures in law and equity, abrogate a scattered, disorganized set of rules and statutes, and create a unified, coherent procedural system.
Gideon V. Wainwright: The Art Of Overruling, Jerold H. Israel
Gideon V. Wainwright: The Art Of Overruling, Jerold H. Israel
Articles
During the 1962 Term, the Supreme Court, on a single Monday, announced six decisions concerned with constitutional limitations upon state criminal procedure. The most publicized of these, though probably not the most important in terms of legal theory or practical effect, was Gideon v. Wainwright. In an era of constantly expanding federal restrictions on state criminal processes, the holding of Gideon-that an indigent defendant in a state criminal prosecution has an unqualified right to the appointment of counsel-was hardly startling. And while Gideon will obviously have an important effect in the handful of states that still fail to appoint counsel …
The Constitution And Contempt Of Court, Ronald Goldfarb
The Constitution And Contempt Of Court, Ronald Goldfarb
Michigan Law Review
Few legal devices find conflict within the lines of our Constitution with the ubiquity of the contempt power. These conflicts involve issues concerning the governmental power structure such as the separation of powers and the delicate balancing of federal-state relations. In addition, there are civil rights issues attributable to the conflict between the use of the contempt power and such vital procedural protections as the right to trial by jury, freedom from self-incrimination, double jeopardy, and indictment-to name only the most recurrent and controversial examples. Aside from these problems, there are other civil liberties issues, such as those involving freedom …
Constitutional Law - Right To Jury Trial In Indirect Criminal Contempts In Federal Courts, Denis T. Rice S.Ed.
Constitutional Law - Right To Jury Trial In Indirect Criminal Contempts In Federal Courts, Denis T. Rice S.Ed.
Michigan Law Review
Should constitutional provisions for jury trial apply to contempts committed outside the physical presence of a federal court? The United States Supreme Court, in the recent case of Green v. United States, reviewed this long disputed question. The case involved two Communist Party leaders who had been convicted of Smith Act violations and then had "jumped bail" when they disappeared in violation of surrender orders requiring their presence in court for sentencing. After four and a half years as fugitives they surrendered in 1956 and were charged with criminal contempt of court. Following a so-called "summary" hearing (without the …
Jury - Pre-Trial Selection - Suggested Improvements, Edward B. Stulberg
Jury - Pre-Trial Selection - Suggested Improvements, Edward B. Stulberg
Michigan Law Review
Over the course of the past twenty years, the desirability of trial by jury has been a subject of constant debate. In contrast, the matter of jury selection has been given little direct attention. Yet it is obvious that if consideration is given to improvements in selection procedure aimed primarily at raising the calibre of the jury panel, disappointment in the judicial process due to the general ineptness of jurors can be decreased. It is true that the fate of a litigant often is entirely within the discretion of the jury. This is not necessarily a reason for the abandonment …
Constitutional Law - Grand Jury Under The Fifth Amendment Indictments Not Subject To Attack On Evidentiary Ground, Jerome K. Walsh, Jr. S.Ed.
Constitutional Law - Grand Jury Under The Fifth Amendment Indictments Not Subject To Attack On Evidentiary Ground, Jerome K. Walsh, Jr. S.Ed.
Michigan Law Review
Defendant was indicted by a grand jury on four counts of willfully evading federal income taxes due for the years 1946, 1947, 1948 and 1949. His motion before trial to dismiss the indictment on the ground that he was firmly convinced that there could have been no legal or competent evidence before the grand jury was denied by the trial court. At the conclusion of the government's case, and again just before the case went to the jury, counsel for the defendant moved to dismiss the indictment on the ground that only hearsay evidence offered by three revenue agents had …
Constitutional Law - Due Process - Use Of Habeas Corpus To Allow Federal Court To Review State Court Jury Determination Of Voluntariness Of Confession, Herbert R. Brown S.Ed.
Constitutional Law - Due Process - Use Of Habeas Corpus To Allow Federal Court To Review State Court Jury Determination Of Voluntariness Of Confession, Herbert R. Brown S.Ed.
Michigan Law Review
The prisoner had been convicted of murder in the state court. He brought a habeas corpus proceeding in federal district court to secure his release from custody on the ground that the conviction was based on a confession which was obtained by physical violence. The confession had been submitted to the jury, which was instructed to consider it only if it found that it was not obtained by duress or fear produced by threats. The district court granted the writ of habeas corpus. On appeal, held, affirmed. The district court could determine the facts of the case for itself. …
Criminal Procedure - Availablity Of Federal Court Injunction To Prevent Federal Officer From Testifying In State Court As To Illegally-Obtained Evidence, Edward C. Hanpeter
Criminal Procedure - Availablity Of Federal Court Injunction To Prevent Federal Officer From Testifying In State Court As To Illegally-Obtained Evidence, Edward C. Hanpeter
Michigan Law Review
Prosecution of petitioner in federal court for the unlawful acquisition of marihuana failed when the court granted petitioner's motion to suppress the marihuana as evidence because it was obtained by a search based on an invalid search warrant. The federal officer who had seized the marihuana then swore to a complaint before a state judge, and a warrant for petitioner's arrest for violation of state law issued. While awaiting trial, petitioner filed a motion in federal district court to enjoin the federal officer from testifying in the state court. The district court denied the injunction, and the court of appeals …
Federal Procedure - Availability Of Coram Nobis In Federal Cases Involving Right Of Counsel, John Leddy S.Ed.
Federal Procedure - Availability Of Coram Nobis In Federal Cases Involving Right Of Counsel, John Leddy S.Ed.
Michigan Law Review
ln 1939 Robert Morgan pleaded guilty to a charge of mail theft and was sentenced by a federal district court to four years imprisonment. He served the term and was released. In 1950 he was convicted of a crime in New York state and sentenced as a second offender because of his previous federal conviction. In 1952 he made application to the district court of original sentence for a common law writ of coram nobis, seeking an order vacating and setting aside his conviction by that court on the ground that he was not given assistance of counsel and had …
Biskind: How To Prepare A Case For Trial, And Lake: How To Win Lawsuits Before Juries, Charles W. Joiner
Biskind: How To Prepare A Case For Trial, And Lake: How To Win Lawsuits Before Juries, Charles W. Joiner
Michigan Law Review
A Review of How to Prepare a Case for Trial. By Elliott L. Biskind; How to Win Lawsuits Before Juries . By Lewis W. Lake
Constitutional Law - Criminal Procedure - Federal Immunity Statute Applicable To State Court, Raymond R. Trombadore S.Ed.
Constitutional Law - Criminal Procedure - Federal Immunity Statute Applicable To State Court, Raymond R. Trombadore S.Ed.
Michigan Law Review
ln response to a summons, petitioner appeared to testify before a congressional committee investigating crime, and confessed to having run a gambling business in Maryland. This confession was used in the criminal court of Baltimore to convict petitioner of conspiring to violate the state's anti-lottery laws. The conviction was affirmed by the Court of Appeals of Maryland, which rejected petitioner's contention that use of the committee testimony was forbidden by a federal statute which provides that no testimony given by a witness in congressional inquiries "shall be used as evidence in any criminal proceeding against him in any court." On …
Constitutional Law - Judicial Powers - Legality Of The Grand Jury Report, Alan Reeve Hunt S.Ed.
Constitutional Law - Judicial Powers - Legality Of The Grand Jury Report, Alan Reeve Hunt S.Ed.
Michigan Law Review
On December 2, 1952, a federal grand jury for the United States District Court for the Southern District of New York, in a "presentment" made to that court, took the State Department severely to task for what it considered to be a conspicuous failure in handling the problem of subversive employees, United States citizens, at the United Nations. It further charged the State Department with impeding the grand jury's progress in attempting to fix responsibility for the failure upon certain State Department officials. On October 11, 1951, the Camden County grand jury presented to the Superior Court of New Jersey …