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Articles 6991 - 7020 of 7291
Full-Text Articles in Criminal Procedure
The Indigent's Right To A Transcript Of Record, Larry Yackle
The Indigent's Right To A Transcript Of Record, Larry Yackle
Faculty Scholarship
There is no more fascinating subject in the field of federal constitutional law than the relationship between due process and equal protection, concepts brought together in the fourteenth amendment. Governmental action that is fundamentally unfair and a denial of due process may also involve discriminatory treatment and a denial of equal protection.' Accordingly, in a number of cases the distinction between the two concepts has been blurred. In Douglas v. California, the Supreme Court held that on first appeal counsel must be furnished to indigents at state expense because the failure to provide professional representation is both fundamentally unfair and …
A Study In The Treatment Of Crime And Law Enforcement In The United States As Compared To The European Countries., George E. Glos
A Study In The Treatment Of Crime And Law Enforcement In The United States As Compared To The European Countries., George E. Glos
St. Mary's Law Journal
The United States holds a comparably higher crime rate than European countries in the area of homicide, aggravated assault, robbery, burglary, and incitation of riots. This article explores the differences existing in the treatment of serious crimes in the leading systems of criminal law and law enforcement. This study examines how the United States, compared with European countries, define subcategories of major crimes and establish the penalties, defenses, and the access to relief attached to each crime. Contrasted with the provisions of the various states of the United States, the European provisions are simpler and carry stiffer penalties. The object …
Primary Requirements For The Application Of The Federal Writ Of Habeas Corpus And Its Problem Areas., L. Vance Stanton
Primary Requirements For The Application Of The Federal Writ Of Habeas Corpus And Its Problem Areas., L. Vance Stanton
St. Mary's Law Journal
Applications for issuance of writs of habeas corpus are among the most frequently filed petitions in federal courts. The substantial number of applications may be attributed to the fact that habeas corpus can be the fastest and most effective method which the law provides to insure an individual’s liberty. However, there are still areas within its framework that are unsettled. Specifically, there are two primary unsettled problems existing in federal habeas corpus proceedings, which include the certificate of probable cause and whether the federal rules apply to habeas corpus proceedings. The primary purpose of this article is to explain the …
Argersinger V. Hamlin, Lewis F. Powell Jr.
Argersinger V. Hamlin, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
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.
Kastigar V. United States, Lewis F. Powell, Jr.
Kastigar V. United States, Lewis F. Powell, Jr.
Supreme Court Case Files
No abstract provided.
United States V. Brewster, Lewis F. Powell Jr.
United States V. Brewster, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Shadwick V. Tampa, Lewis F. Powell Jr.
Apodoca V. Oregon, Lewis F. Powell, Jr.
Apodoca V. Oregon, Lewis F. Powell, Jr.
Supreme Court Case Files
No abstract provided.
Kois V. Wisconsin, Lewis F. Powell Jr.
Traditional Criminal Procedure In Ethiopia, Stanley Z. Fisher
Traditional Criminal Procedure In Ethiopia, Stanley Z. Fisher
Faculty Scholarship
In the decade 1955-1965 the Ethiopian government completely revolutionized its legal system by promulgating comprehensive legal codes and a new constitution. These laws have a predominantly Western flavor, and seem to bear little relation to the traditional patterns of life which still prevail in the Empire-one of the least "developed" areas of Africa. This state of affairs has led some to characterize the new codes as "fantasy law," which may serve to put a modern "face" on the country but, at least for some time to come, will not have any serious impact on the conduct of its affairs.
Criminal Law--Indigent's Payment For Depositions, Joseph Wagoner
Criminal Law--Indigent's Payment For Depositions, Joseph Wagoner
West Virginia Law Review
No abstract provided.
Criminal Law--Speedy Trial--The Three Term Rule, Stephen P. Swisher
Criminal Law--Speedy Trial--The Three Term Rule, Stephen P. Swisher
West Virginia Law Review
No abstract provided.
Prisoners--Enforcing Prisoners' Rights, Arthur W. Campbell
Prisoners--Enforcing Prisoners' Rights, Arthur W. Campbell
West Virginia Law Review
No abstract provided.
Right To Hearing Upon Extension Of Probation
Right To Hearing Upon Extension Of Probation
University of Richmond Law Review
Aside from the fact that its use was originally limited and random in nature, the historical origin of the probation process is uncertain. Revolutionary changes in the theories controlling the treatment of convicted criminals, however, has resulted in the development of probation into the most widely used form of correctional treatment.
Intrusion Into The Body, William G. Eckhardt
Intrusion Into The Body, William G. Eckhardt
Faculty Works
The thesis of this article is that the rights of servicemen should be protected with the search and seizure concepts of the fourth amendment rather than with the fifth amendment protection against self-incrimination when intrusive bodily searches are required. The Supreme Court enunciated standard for intrusion into the body found in Schmerber v. California, 384 U.S. 757 (1966). The subsequent application of this standard in the federal courts, and its adoption in the Manual for Courts-Martial, United States, 1969, (Rev.) are explored. Federal court decisions discussing the privilege against self-incrimination are contrasted with opinions of the Court of Military Appeals …
The Legal Controversy As It Relates To Correctional Institutions - A Prison Administrator's View, Joseph R. Brierley
The Legal Controversy As It Relates To Correctional Institutions - A Prison Administrator's View, Joseph R. Brierley
Villanova Law Review (1956 - )
No abstract provided.
Prisoners' Rights And The Correctional Scheme: The Legal Controversy And Problems Of Implementation, Joseph R. Brierley, Victor Rabinowitz, Edmund B. Spaeth Jr., James D. Crawford
Prisoners' Rights And The Correctional Scheme: The Legal Controversy And Problems Of Implementation, Joseph R. Brierley, Victor Rabinowitz, Edmund B. Spaeth Jr., James D. Crawford
Villanova Law Review (1956 - )
No abstract provided.
Prisoner's Rights And The Correctional Scheme: The Legal Controversy And Problems Of Implementation - A Symposium - Introduction, Donald W. Dowd
Prisoner's Rights And The Correctional Scheme: The Legal Controversy And Problems Of Implementation - A Symposium - Introduction, Donald W. Dowd
Villanova Law Review (1956 - )
No abstract provided.
Chamber V. Maroney: New Dimensions In The Law Of Search And Seizure, Stephen H. Paul
Chamber V. Maroney: New Dimensions In The Law Of Search And Seizure, Stephen H. Paul
Indiana Law Journal
No abstract provided.
Book Review, Walter Greenwood
Book Review, Walter Greenwood
Cleveland State Law Review
This entry reviews Law Without Order: Capital Punishment and the Liberals by Bernard Lande Cohen. The book's scope encompasses criminal law in both the United States and Canada. Cohen argues that the excessive liberalism that followed the elimination of capital punishment has caused murder rates and other crimes to increase.
The Role Of Abandonment In The Law Of Search And Seizure: An Application Of Misdirected Emphasis, Edward G. Mascolo
The Role Of Abandonment In The Law Of Search And Seizure: An Application Of Misdirected Emphasis, Edward G. Mascolo
Buffalo Law Review
No abstract provided.
Prison Reform In The Future - The Trend Toward Expansion Of Prisoners' Rights, Monrad G. Paulsen
Prison Reform In The Future - The Trend Toward Expansion Of Prisoners' Rights, Monrad G. Paulsen
Villanova Law Review (1956 - )
No abstract provided.
Codification, Reform, And Revision: The Challenge Of A Modern Federal Criminal Code, John L. Mcclellan
Codification, Reform, And Revision: The Challenge Of A Modern Federal Criminal Code, John L. Mcclellan
Journal Articles
The four chief factors influencing the quality of American justice were identified by Dean Roscoe Pound as personnel, administration, procedure, and the substantive law. It is certain that better judges, prosecutors, and enforcement officers, better organization of courts, better administrative methods, and more adequate administrative personnel must come first in any effective program for the improvement of our nation's system of criminal justice. At the same time, the men who staff that system will be guided by an authoritatively prescribed criminal procedure, and they will be giving effect to an authoritatively prescribed criminal law. An archaic code of procedure and …
The Courts' Responsibility For Prison Reform, Edmund B. Spaeth Jr.
The Courts' Responsibility For Prison Reform, Edmund B. Spaeth Jr.
Villanova Law Review (1956 - )
No abstract provided.
Prisoners' Rights - A Prosecutor's View, James D. Crawford
Prisoners' Rights - A Prosecutor's View, James D. Crawford
Villanova Law Review (1956 - )
No abstract provided.
The Expansion Of Prisoners' Rights, Victor Rabinowitz
The Expansion Of Prisoners' Rights, Victor Rabinowitz
Villanova Law Review (1956 - )
No abstract provided.
The Correctional Institution As A Rehabilitation Center - A Former Inmate's View, Victor Taylor
The Correctional Institution As A Rehabilitation Center - A Former Inmate's View, Victor Taylor
Villanova Law Review (1956 - )
No abstract provided.
Warrantless Searches And Seizures, Mack Allen Player
Warrantless Searches And Seizures, Mack Allen Player
Scholarly Works
The fourth amendment to the Constitution has two basic clauses. The first, the reasonableness clause, protects the people against unreasonable searches and seizures. The second, the warrant clause, sets forth conditions under which a warrant may issue. Searches and seizures made pursuant to a warrant are, quite obviously, governed by the commands of the warrant clause. However, the effect of the warrant clause upon searches and seizures made without warrants is not clear from the amendment itself, and the Supreme Court has failed to develop a consistent interpretation of the proper role of that clause.
The Grand Jury As The New Inquisition, Michael E. Tigar, Madeline R. Levy
The Grand Jury As The New Inquisition, Michael E. Tigar, Madeline R. Levy
Faculty Scholarship
No abstract provided.