Open Access. Powered by Scholars. Published by Universities.®

Criminal Procedure Commons™

Open Access. Powered by Scholars. Published by Universities.®

University of Michigan Law School

Discipline
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 541 - 570 of 808

Full-Text Articles in Criminal Procedure

American Bar Association Section Of Antitrust Law: Jury Instructions In Criminal Antitrust Cases, Ralph M. Carson Jan 1966

American Bar Association Section Of Antitrust Law: Jury Instructions In Criminal Antitrust Cases, Ralph M. Carson

Michigan Law Review

A Review of Jury Instructions in Criminal Antitrust Cases by The American Bar Association Section of Antitrust Law

Go to article

Legal History In The High Court--Habeas Corpus, Dallin H. Oaks Jan 1966

Legal History In The High Court--Habeas Corpus, Dallin H. Oaks

Michigan Law Review

Ever since Chief Justice Marshall declared that courts could resort to the common law to determine what Congress meant by the term "habeas corpus" in a federal statute, the history of this venerable remedy has played an important role in the Supreme Court. Over the years, however, courts have moved away from using the writ of habeas corpus for its historic functions of eliciting the cause of commitment and compelling adherence to prescribed procedures in advance of trial until today it has become primarily a means by which one court of general jurisdiction exercises post-conviction review over the judgment of …

Go to article

Lafave: Arrest: The Decision To Take A Suspect Into Custody, B. J. George Jr. Jan 1966

Lafave: Arrest: The Decision To Take A Suspect Into Custody, B. J. George Jr.

Michigan Law Review

A Review of The Decision To Take a Suspect Into Custody by Wayne R. LaFave

Go to article

A Dissent From The Miranda Dissents: Some Comments On The 'New' Fifth Amendment And The Old 'Voluntariness' Test, Yale Kamisar Jan 1966

A Dissent From The Miranda Dissents: Some Comments On The 'New' Fifth Amendment And The Old 'Voluntariness' Test, Yale Kamisar

Articles

F the several conferences and workshops (and many lunch conversations) on police interrogation and confessions in which I have participated this past summer3 are any indication, Miranda v. Arizona' has evoked much anger and spread much sorrow among judges, lawyers and professors. In the months and years ahead, such reaction is likely to be translated into microscopic analyses and relentless, probing criticism of the majority opinion. During this period of agonizing appraisal and reappraisal, I think it important that various assumptions and assertions in the dissenting opinions do not escape attention.

Go to article

Has The Court Left The Attorney General Behind? The Bazelon-Katzenbach Letters On Poverty, Equality, And The Administration Of Criminal Justice, Yale Kamisar Jan 1966

Has The Court Left The Attorney General Behind? The Bazelon-Katzenbach Letters On Poverty, Equality, And The Administration Of Criminal Justice, Yale Kamisar

Articles

Distribution of the first preliminary draft of the proposed American Law Institute Model Code of Pre-Arraignment Procedure last June touched off a brisk exchange of letters between Chief Judge David Bazelon of the United States Court of Appeals for the District of Columbia Circuit, who maintained that the proposed code left a good deal to be desired, and Attorney General Nicholas deB. Katzenbach, who, although he did not explicitly treat any provision of the preliminary draft, sharply challenged the conception of equality underlying Bazelon's criticism of it. By now, both the code, and the Bazelon-Katzenbach correspondence which it evoked, are …

Go to article

The Psychiatrist As An Expert Witness: Some Ruminations And Speculations, Bernard L. Diamond, David W. Louisell Jun 1965

The Psychiatrist As An Expert Witness: Some Ruminations And Speculations, Bernard L. Diamond, David W. Louisell

Michigan Law Review

Consider the difference between the expert testimony of an orthopedic surgeon in a personal injury suit and the testimony of a psychiatrist in a murder trial in which some elements of the mens rea are at issue. In both instances an expert opinion is received in evidence, providing the trier of fact with technical, specialized information which must, or should, be available in order to permit a rational decision-making process. Well-established rules govern the nature of expert evidence and its mode of presentation. In legal theory, the orthopedic surgeon and the psychiatrist are both experts-physicians-who perform comparable functions in the …

Go to article

Predicting Court Cases Quantitatively, Stuart Nagel Jun 1965

Predicting Court Cases Quantitatively, Stuart Nagel

Michigan Law Review

This article illustrates and systematically compares three methods for quantitatively predicting case outcomes. The three methods are correlation, regression, and discriminant analysis, all of which involve standard social science research techniques. Two prior articles have generated requests for a study dealing with the problems involved in handling a larger number of cases and predictive variables. The present article is also designed to provide such a study. It does not presuppose that the reader has read the earlier articles, although such a reading might help to clarify further some of the points made here. The cases used to illustrate the methods …

Go to article

Constitutional Right To Jury Trial In Criminal Contempt Cases?-United States V. Barnett, Michigan Law Review Feb 1965

Constitutional Right To Jury Trial In Criminal Contempt Cases?-United States V. Barnett, Michigan Law Review

Michigan Law Review

Federal courts historically have had the power to try criminal contempt cases without a jury. There is a virtually uninterrupted 150-year line of cases which holds that contempt is not a "Crime" or "criminal prosecution" within the meaning of article III and the sixth amendment to the Constitution. Superficially, the decision in United States v. Barnett is in accord with these precedents. However, in an important "dictum," footnote number 12, the majority cautioned that "punishment by summary trial without a jury would be constitutionally limited to that penalty provided for petty offenses." Although the Court itself styles this comment a …

Go to article

Kamisar, Inbau & Arnold: Criminal Justice In Our Time, Theodore Souris Jan 1965

Kamisar, Inbau & Arnold: Criminal Justice In Our Time, Theodore Souris

Michigan Law Review

A Review of Criminal Justice in Our Time by Yale Kamisar, Fred E. Inbau, and Thurman Arnold

Go to article

Grand Jury Secrecy, Richard M. Calkins Jan 1965

Grand Jury Secrecy, Richard M. Calkins

Michigan Law Review

When a leading state such as Illinois enacts "reform" legislation, an impact on the legislatures of other jurisdictions may be anticipated. Accordingly, a need exists for an examination of this legislation in the light of the common-law background of grand jury secrecy and for a further analysis of it in the face of the growing trend toward more liberalized discovery of grand jury minutes in other jurisdictions. It is the contention of the author that such an empirical study will demonstrate that this legislation adopted by Illinois is contrary to all modern judicial thinking and is, in fact, a retrogressive …

Go to article

The Role Of A Trial Jury In Determining The Voluntariness Of A Confession, Michigan Law Review Dec 1964

The Role Of A Trial Jury In Determining The Voluntariness Of A Confession, Michigan Law Review

Michigan Law Review

The Supreme Court of the United States has vigorously implemented the principle that criminal prosecution is an investigative, not an inquisitorial, process. Evidence of guilt must be obtained by methods free from physical or psychological coercion. Protections in the Bill of Rights against illegal search and seizure, self-incrimination, and trial without counsel have been extended to the states through the due process clause of the fourteenth amendment. Safeguards against the admissibility of coerced confessions into evidence have also been instituted. Because a confession practically determines the ultimate question of guilt, the critical standards for· admissibility are frequently challenged on appeal. …

Go to article

Federal Criminal Procedure-Transfer For Trial Under Rule 21(B), F. David Trickey Jun 1964

Federal Criminal Procedure-Transfer For Trial Under Rule 21(B), F. David Trickey

Michigan Law Review

Defendant, a Delaware corporation, was indicted in the Eastern District of Illinois for violations of the Sherman Act. Proceeding under Rule 21(b) of the Federal Rules of Criminal Procedure defendant moved to transfer the trial to the District of Minnesota, where its principal business offices were located. The parties stipulated that the alleged offenses occurred in both Illinois and Minnesota and submitted affidavits, briefs, and oral argument on the transfer motion to petitioner, the district court judge. While evaluating numerous other factors relevant to the transfer motion, the district court gave some weight to the contention of government counsel that …

Go to article

Constitutional Law-Federal Criminal Procedure-Right To Counsel Under Section 2255 Of The Judicial Code, Gerald J. Laba May 1964

Constitutional Law-Federal Criminal Procedure-Right To Counsel Under Section 2255 Of The Judicial Code, Gerald J. Laba

Michigan Law Review

Petitioner, seeking to attack a conviction for illegal possession of narcotics, was granted leave to sue in form a pauperis under 28 U.S.C. section 2255, but his request that counsel be appointed for him was denied. Petitioner's section 2255 motion to vacate judgment was denied. Petitioner then entered a second section 2255 petition alleging basically the same errors but adding that the court had erred in not appointing counsel for his first petition. The second motion was denied without a hearing on the ground that it was "the second or successive motion for similar relief .... " Petitioner appealed in …

Go to article

Federal Criminal Procedure-Subpoena Of Nonresident Citizen As Witness Before Grand Jury, Andre A. Schwartz Apr 1964

Federal Criminal Procedure-Subpoena Of Nonresident Citizen As Witness Before Grand Jury, Andre A. Schwartz

Michigan Law Review

Defendant, a nonresident citizen of the United States, was subpoenaed by a federal district court to appear before a grand jury investigating alleged fraud in the procurement of government contracts. Defendant having failed to appear, the district court issued an order directing him to show cause why he should not be held in contempt. On appeal from a judgment holding defendant in contempt, held, reversed, one judge dissenting in part. The power of a federal district court to subpoena a nonresident citizen is limited to the actual trial of a criminal action. United States v. Thompson, 319 F.2d …

Go to article

Criminal Law-Reiterated Contempt Of Court, Robert C. Bonges Apr 1964

Criminal Law-Reiterated Contempt Of Court, Robert C. Bonges

Michigan Law Review

The defendant was found guilty of criminal contempt of court in a civil proceeding for giving "don't remember" answers, after having been granted immunity from prosecution, to questions concerning his activities, asked during a grand jury investigation of an attempted homicide. For his refusal to testify, the defendant was given the maximum penalty provided for criminal contempt under the applicable statute. After paying the fine and serving the sentence, the defendant was brought before the same grand jury thirty-five days later and was asked the same questions. The defendant repeated the "don't remember" answers and was again fined and incarcerated. …

Go to article

Federal Criminal Procedure-Collateral Relief Under 28 U.S.C. Section 2255- Discretion Of Sentencing Court To Dismiss Successive Application Without Hearing, Richard B. Rogers Mar 1964

Federal Criminal Procedure-Collateral Relief Under 28 U.S.C. Section 2255- Discretion Of Sentencing Court To Dismiss Successive Application Without Hearing, Richard B. Rogers

Michigan Law Review

Prisoner, sentenced by a United States district court, filed two successive motions to vacate his sentence under 28 U.S.C. section 2255, which provides for a compulsory motion procedure for federal prisoners in lieu of habeas corpus. Under this section, a prisoner is required to petition the court which sentenced him in order to test the legality of his detention. The motion must be given a prompt hearing, "unless the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief. .. " If a successive motion is filed for "similar relief" the …

Go to article

The New Michigan Pre-Trial Procedural Rules-Models For Other States?, Robert Meisenholder Jun 1963

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.

Go to article

Constitutional Law-Expatriation-Criminal Due Process As Prerequisite To Expatriation When Imposed As Punishment, John W. Erickson Jun 1963

Constitutional Law-Expatriation-Criminal Due Process As Prerequisite To Expatriation When Imposed As Punishment, John W. Erickson

Michigan Law Review

Respondents, native-born Americans, in two separate cases sought declaratory judgments confirming their status as United States citizens. One wanted to return to this country, and the other sought to avoid deportation as an alien. The Government claimed that respondents had lost their citizenship by operation of section 401(j) of the Nationality Act of 1940 and its successor, section 349(a)(10) of the Immigration and Nationality Act of 1952, which automatically divest an American of his citizenship for "departing from or remaining outside the jurisdiction of the United States in time of war or . . . national emergency for the purpose …

Go to article

Criminal Procedure--Discovery-Right Of Prosecution To Pre-Trial Discovery, Thomas G. Dignan Jr. Mar 1963

Criminal Procedure--Discovery-Right Of Prosecution To Pre-Trial Discovery, Thomas G. Dignan Jr.

Michigan Law Review

In a trial for rape, the defendant indicated an intention to rely on his alleged impotency as a defense. The trial court thereupon granted the prosecution's motion for discovery of all medical reports and X-rays relating to the defendant's present physical condition, the names and addresses of all physicians who had treated the defendant prior to trial, and the names and addresses of all physicians who had been subpoenaed to testify for the defendant. On petition by the defendant, the intermediate appellate court issued a writ of prohibition restraining the enforcement of the trial court's order. On review, held, …

Go to article

Gideon V. Wainwright: The Art Of Overruling, Jerold H. Israel Jan 1963

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 …

Go to article

The Constitution And Contempt Of Court, Ronald Goldfarb Dec 1962

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 …

Go to article

Federal Procedure-Appellate Practice-"Excusable Neglect" In Failing To Perfect Criminal Appeal Provides No Ground For Collateral Review Of Conviction, H. C. Snyder Jr. Jun 1962

Federal Procedure-Appellate Practice-"Excusable Neglect" In Failing To Perfect Criminal Appeal Provides No Ground For Collateral Review Of Conviction, H. C. Snyder Jr.

Michigan Law Review

After the ten-day period for filing a notice of appeal from a federal criminal conviction had expired, defendant filed a motion under section 2255 of the Judicial Code to set aside his sentence under a conviction for armed robbery. The motion was based on the improper admission of a confession given during an allegedly unlawful detention. The district court denied the motion on the ground that the error asserted did not amount to a denial of a constitutional right and that only constitutional defects are subject to attack after the time for an appeal has expired. The District of Columbia …

Go to article

Kirchheimer: Political Justice: The Use Of Legal Procedure For Political Ends, Kenneth S. Carlston Mar 1962

Kirchheimer: Political Justice: The Use Of Legal Procedure For Political Ends, Kenneth S. Carlston

Michigan Law Review

A Review of Political Justice: The Use of Legal Procedure for Political Ends. By Otto Kirchheimer.

Go to article

Federal Procedure- Pre-Trail Disclosures- Sanctions Available To Enforce Pre-Trial Orders, John M. Price Dec 1961

Federal Procedure- Pre-Trail Disclosures- Sanctions Available To Enforce Pre-Trial Orders, John M. Price

Michigan Law Review

Petitioner, plaintiff in an action in federal district court, was ordered under Federal Rule 16 to submit pre-trial statements setting out the facts of the case, his damages, his witnesses and exhibits, and his legal theories of recovery. His counsel filed statements which were adjudged insufficient, and a pre-trial order was entered precluding petitioner from offering at trial any testimony by witnesses other than himself and his wife, or any evidence concerning liability in negligence or breach of warranty, and limiting his exhibits and evidence of damages. On petition for mandamus to set aside the preclusion order, held, granted, …

Go to article

Criminal Procedure - Search And Seizure - Federal Court Injunction Against State Officer To Suppress Illegally Obtained Evidence In State Court, S. Anthony Benton Dec 1961

Criminal Procedure - Search And Seizure - Federal Court Injunction Against State Officer To Suppress Illegally Obtained Evidence In State Court, S. Anthony Benton

Michigan Law Review

Federal customs enforcement officers suspected plaintiff of theft from a waterfront pier. In the course of their investigation they searched plaintiff's home without a search warrant and detained plaintiff for questioning without first bringing him before a federal commissioner. Both acts violated the Federal Rules of Criminal Procedure. Defendant, a state officer, although not a participant in the search, was present during the illegal detention at the invitation of the federal officers. Plaintiff obtained an order in federal district court enjoining defendant from giving any testimony or producing any evidence in state criminal proceedings against him with respect to property …

Go to article

Constitutional Law- Search And Seizure- Search Incidental To An Administrative Arrest, James J. White Dec 1960

Constitutional Law- Search And Seizure- Search Incidental To An Administrative Arrest, James J. White

Michigan Law Review

As a preliminary to deportation proceedings, defendant, Rudolf I. Abel, was arrested in his hotel room by Immigration and Naturalization Service agents who acted pursuant to a valid administrative arrest warrant. After the arrest, but without a search warrant, the INS searched Abel's room and seized evidence later used in his trial for espionage. In the district court Abel moved to suppress this evidence on the theory that the search violated the fourth amendment. The district court's denial of the motion was affirmed by the Court of Appeals for the Second Circuit. On certiorari to the United States Supreme Court, …

Go to article

Constitutional Law - Due Process - Right Of Second Offender To Pre-Sentence Hearing Regarding Prior Conviction, John Edward Porter S.Ed. Nov 1960

Constitutional Law - Due Process - Right Of Second Offender To Pre-Sentence Hearing Regarding Prior Conviction, John Edward Porter S.Ed.

Michigan Law Review

Relator was convicted of burglary in 1953 and of voluntary manslaughter in 1954. While passing sentence after the latter conviction, the court declared that it was exercising its discretion under the Habitual Criminal Act by imposing a double penalty on the relator. Neither relator nor his counsel objected to the procedure or demanded a hearing regarding the prior conviction. On petition for writ of habeas corpus, which was denied by the lower court, relator admitted the fact of his prior conviction. He asserted, however, that although the habitual criminal statute in terms contains no provision granting alleged second offenders notice …

Go to article

Criminal Procedure - Jurisdiction - Juvenile Court's Right To Exclusive Jurisdiction Over A Contempt Proceeding Originally Initiated Against A Minor Child In A Court Of General Jurisdiction, Victor J. Gibbons S.Ed. Nov 1960

Criminal Procedure - Jurisdiction - Juvenile Court's Right To Exclusive Jurisdiction Over A Contempt Proceeding Originally Initiated Against A Minor Child In A Court Of General Jurisdiction, Victor J. Gibbons S.Ed.

Michigan Law Review

A seventeen-year-old minor sought a writ of prohibition against a circuit court to prevent it from enforcing a decree of contempt of court which resulted from her refusal to testify before a grand jury proceeding. She asserted that her refusal to testify was a public offense covered by the juvenile code, over which the juvenile court had exclusive jurisdiction. In an original proceeding, held, order of prohibition denied. The purpose of a direct contempt citation is to compel obedience to, and respect for, the court and not to punish for a public offense; consequently, because contempt is only quasi-criminal …

Go to article

Evidence - Rules Of Evidence In Disbarment, Habeas Corpus, And Grand Jury Proceedings, Paul S. Gerding S.Ed. Jun 1960

Evidence - Rules Of Evidence In Disbarment, Habeas Corpus, And Grand Jury Proceedings, Paul S. Gerding S.Ed.

Michigan Law Review

It is the purpose of this comment to examine three common-law proceedings in which rules of evidence are generally not governed by statute, to determine whether the liberalism expressed in administrative hearings has extended to non-statutory areas. Specifically, to what extent have the exclusionary rules of evidence, which rest on the theory of preventing the jury from being misled (the "jury theory"), been abandoned in disbarment, habeas corpus, and grand jury proceedings?

Go to article

Evidence - Rules Of Evidence In Disbarment, Habeas Corpus, And Grand Jury Proceedings, Paul S. Gerding S.Ed. Jun 1960

Evidence - Rules Of Evidence In Disbarment, Habeas Corpus, And Grand Jury Proceedings, Paul S. Gerding S.Ed.

Michigan Law Review

It is the purpose of this comment to examine three common-law proceedings in which rules of evidence are generally not governed by statute, to determine whether the liberalism expressed in administrative hearings has extended to non-statutory areas. Specifically, to what extent have the exclusionary rules of evidence, which rest on the theory of preventing the jury from being misled (the "jury theory"), been abandoned in disbarment, habeas corpus, and grand jury proceedings?

Go to article

First Prev Next Last