Criminal Procedure Commons^™

Voir Dire Of Jurors: Constitutional Limits To The Right Of Inquiry Into Prejudice, Jeffrey M. Gaba

Faculty Journal Articles and Book Chapters

Although the voir dire of jurors is one of the most significant mechanisms by which an impartial jury is secured, as a practical matter the right to examine prospective jurors is not unlimited. Vested with great discretion, a trial judge may at some point constitutionally preclude inquiry into possible prejudice, but determining that point has not proved to be easy. In 1976, the Supreme Court in Ristaino v. Ross directly considered the constitutional limits to voir dire and provided a test which could serve as a guide to trial court administration of the process. The Court suggested that questioning about …

Improving Police Discretion: Rationality In Handling Public Inebriates, David Aaronson, C. Dienes, Michael Musheno

Scholarly Articles in Law Reviews & Journals

This two-part article reports on the findings of the "prescriptive" phase of the American University Law School's Project on Public Inebriation.' First, we provide a framework or model designed to contribute to efforts to improve the rationality of police discretion and the quality of discretionary justice. Second, we seek to increase understanding of, and provide the basis for improving, the intake process whereby public inebriates are delivered to designated facilities-jails, detoxification centers, etc.-in criminal and decriminalized jurisdictions. While the article focuses on the discretionary power of police officers to remove street inebriates, it should increase awareness of problems of decriminalizing …

The Attempt To Improve Criminal Defense Representation, Peter W. Tague

Georgetown Law Faculty Publications and Other Works

Improvement of criminal defense representation is one of the most critical problems that faces the criminal justice system. The problem is extensive; some attorneys are frequently ineffective and probably all attorneys are occasionally inadequate because of error, overwork, personal problems or ethical conflicts.

The defendant's only remedy against his attorney's ineffectiveness is through direct appeal or collateral post-conviction attack. This article discusses the reasons why courts cannot improve defense representation through these avenues of review. Deep disagreement among judges about the purpose of post-conviction review has crippled any attempt at improvement. The key unresolved question is whether the standard for …

The Second Circuit Review--1975-76 Term: Courts-- Evidence & Procedure: Commentary: The Second Circuit And The Federal Rules Of Evidence, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

The most significant development in federal trial procedure in recent years has been the enactment of the Federal Rules of Evidence, effective July 1, 1975. In the intervening two years since the Rules became effective, the courts of the Second Circuit have bad occasion to make several illuminating applications of and references to them.

An examination of some of these decisions provides insight into the kinds of questions that are coming up not only in the Second Circuit, but around the country, and the kinds of answers that are being given. It is not the bizarre or unusual case that …

Improving Police Discretion: Rationality In Handling Public Inebriates, David Aaronson

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Beyond The Shut-Eyed Sentry: Toward A Theoretical View Of Corporate Misconduct And An Effective Legal Response, John C. Coffee Jr.

Faculty Scholarship

Like hard cases, festering scandals make bad law. As public perceptions shift so that conduct once tolerated becomes seen as illicit, political pressures develop that can result in hastily improvised responses by the legal system to fill the newly perceived vacuum. This generalization is advanced to question neither the inalienable right of the public to be scandalized, nor the need for corporate reform, but to approach a highly problematic dilemma: hurried, moralistic responses to a perceived evil often prove not only ineffective, but even counterproductive. The serious student of complex organizations may recognize this assertion as a slightly altered variant …

An Evidence Code: The American Experience, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

Professor Paul Rothstien's opening address at the Conference on Current Trends in Evidence, Dalhousie University, 26th November 1976.

Rothstein discusses the American Evidence Code, the American experience with it, and compares it to a proposed Code that Canada is considering.

Florida's Incompetency-To-Stand Trial Rule: A Possible Life Sentence?, Frank A. Vickory

Florida State University Law Review

No abstract provided.

'Materiality' Limits Prosecutors' Duty To Disclose Exculpatory Evidence To Defense, James K. Knight Jr.

Mercer Law Review

In United States v. Agurs, the U.S. Supreme Court held for the first time that criminal prosecutors have a constitutional duty to voluntarily disclose exculpatory evidence to a defendant even when the defense doesn't request such evidence. The Court, however, limited the scope of this new obligation by narrowly defining the category of material evidence to which it applies. It held that the duty arises only when the exculpatory evidence is so material that had it been disclosed, its use at trial would have created a reasonable doubt of the defendant's guilt that did not otherwise exist.

Respondent Agurs …

Craig V. Boren, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Brewer V. Williams, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Santa Fe Industries, Inc. V. Green, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Castaneda V. Partida, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

A Review Of The Presentence Diagnostic Study Procedure In North Carolina, Charles E. Smith

North Carolina Central Law Review

No abstract provided.

The Criminal Justice Act - 1964 To 1976, Dudley B. Bonsal

Indiana Law Journal

Colloquium: The Federal Judiciary: Essays from the Bench

"A Most Deplorable Paradox": Admitting Illegally Obtained Evidence In Georgia--Past, Present, And Future, Donald E. Wilkes Jr.

Scholarly Works

This Article explores the admissibility of illegally obtained evidence in Georgia criminal cases prior to 1961 and during the post-Mapp era and endeavors to assess the future admissibility of illegally seized evidence in Georgia under both federal and state law.

Criminal Law--Due Process--Burden Is On The State To Affirmatively Prove Lack Of License In Prosecution For Carrying Pistol Without A License, Robert V. Rodatus

Mercer Law Review

No abstract provided.

Criminal Law--Criminal Responsibility--A Pragmatic Approach To The Fourth Circuit, Michael Frank Pezzulli

West Virginia Law Review

No abstract provided.

Survey Of Developments In West Virginia Law: 1975-1976, Lloyd George Jackson Ii, John Burdick Koch, Alan Dale Moats, Thomas A. Vorbach

West Virginia Law Review

No abstract provided.

The Speedy Trial Act - Justice On The Assembly Line., Thomas Black

St. Mary's Law Journal

Abstract Forthcoming.

Withdrawal Of The Plea Of Guilty Upon A Decision By The Judge Not To Accept The Plea Agreement., Frank A. Porter

St. Mary's Law Journal

Abstract Forthcoming.

Section 12 Of The Canada Evidence Act And The Deliberations Of Simulated Juries, Valerie P. Hans, Anthony N. Doob

Cornell Law Faculty Publications

In the past, there have been three major approaches to the experimental investigation of the jury. First, juror selection research involves the study of the relation between verdicts or leniency toward certain classes of defendants and the characteristics of potential jurors. The second class of research is group study, in which the amount and style of individual participation is observed within the context of simulated jury deliberations (e.g., Strodtbeck, James and Hawkins, 1957). Finally, experimental psychology has made another contribution to the study of the jury; numerous researchers have conducted experimental studies employing legal stimulus materials. Typically, in such a …

Pro Se Litigation -- Litigating Without Counsel: Faretta Or For Worst, Susan Herman, Ira P. Robbins

Faculty Scholarship

No abstract provided.

Privacy: A Case For Accurate And Complete Criminal History Records, Thomas J. Madden, Helen S. Lessin

Villanova Law Review (1956 - )

No abstract provided.

Between Unfitness And Commitment: Difficulties In The Disposition Of Unfit Defendants In Illinois, 9 J. Marshall J. Prac. & Proc. 905 (1976), Kevin Murnighan

UIC Law Review

No abstract provided.

Confidentiality Of Criminal Records Privacy V. The Public Interest, David Weinstein

Villanova Law Review (1956 - )

No abstract provided.

Conspiracy And Federal Jurisdiction: From Crimmins To Feola, Mark Berger

Villanova Law Review (1956 - )

No abstract provided.

Computerized Criminal Justice Information Systems: A Recognition Of Competing Interests - An Introduction, Lawrence J. Beaser

Villanova Law Review (1956 - )

No abstract provided.

Computers And The Right To Be Let Alone - A Civil Libertarian View, Burton Caine

Villanova Law Review (1956 - )

No abstract provided.

Scientific Evidence In Criminal Cases; Scientific And Expert Evidence In Criminal Advocacy, Ronald J. Allen

Buffalo Law Review

No abstract provided.