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Criminal Procedure Commons™

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University of Georgia School of Law

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Articles 121 - 123 of 123

Full-Text Articles in Criminal Procedure

Warrantless Searches And Seizures, Mack Allen Player Jan 1971

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.


James V. Headley: Right To Counsel For Petty Offenses Jan 1969

James V. Headley: Right To Counsel For Petty Offenses

Georgia Law Review

The Court of Appeals for the Fifth Circuit in the case of James v. Headley' was confronted with the question of whether an accused is entitled to court-appointed counsel when charged only with a "petty offense," that is, an offense carrying a maximum penalty of six months in jail and/or a $500 fine. Basing its decision on the sixth amendment,the court concluded that the two appellants were entitled to have court appointed counsel. The court, in an opinion by Judge Wisdom, held that as a general proposition, there is a sixth amendment right to counsel for any defendant in a …


Appointed Counsel In Criminal Prosecutions: A Study Of Indigent Defense, Ronald L. Carlson Jul 1965

Appointed Counsel In Criminal Prosecutions: A Study Of Indigent Defense, Ronald L. Carlson

Scholarly Works

Attorney Carlson surveyed Iowa for the American Bar Association's study of the defense of indigent accused persons, and in this Article the results of that study are disclosed. The author sets forth recent constitutional developments involving appointments of counsel in criminal cases, then reviews criminal procedure and practice as it relates to the indigent. Survey techniques utilized in the study are revealed, and the responses obtained from jurists, prosecutors, and defense attorneys throughout the jurisdiction are detailed. Finally, he advances recommendations to assist in meeting the challenge of justice for the poor.