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Articles 181 - 210 of 229
Full-Text Articles in Criminal Procedure
The Insanity Defense And A "Jury" Experiment, Arval A. Morris
The Insanity Defense And A "Jury" Experiment, Arval A. Morris
Washington Law Review
A book review essay covering The Insanity Defense, by Abraham S. Goldstein (1967) and The Jury and the Defense of Insanity, by Rita James Simon (1967).
The Juvenile At Waiver: Is Counsel Required?, Anon
The Juvenile At Waiver: Is Counsel Required?, Anon
Washington Law Review
The petitioner was before juvenile court on charges of committing a battery. Defendant and his mother were advised of their right to counsel, but not to appointed counsel at certification, a proceeding which determines whether the juvenile court should waive jurisdiction in favor of district court. Neither defendant nor his family was financially able to employ counsel. Counsel was appointed only after the defendant had been transferred to the district court for criminal prosecution. On motion to vacate judgment and sentence on the subsequent criminal conviction, Held: An indigent juvenile offender has no right to appointed counsel in a transfer …
The Juvenile At Waiver: Is Counsel Required?, Anon
The Juvenile At Waiver: Is Counsel Required?, Anon
Washington Law Review
The petitioner was before juvenile court on charges of committing a battery. Defendant and his mother were advised of their right to counsel, but not to appointed counsel at certification, a proceeding which determines whether the juvenile court should waive jurisdiction in favor of district court. Neither defendant nor his family was financially able to employ counsel. Counsel was appointed only after the defendant had been transferred to the district court for criminal prosecution. On motion to vacate judgment and sentence on the subsequent criminal conviction, Held: An indigent juvenile offender has no right to appointed counsel in a transfer …
The Insanity Defense And A "Jury" Experiment, Arval A. Morris
The Insanity Defense And A "Jury" Experiment, Arval A. Morris
Washington Law Review
A book review essay covering The Insanity Defense, by Abraham S. Goldstein (1967) and The Jury and the Defense of Insanity, by Rita James Simon (1967).
Criminal Insanity, Arval A. Morris
Criminal Insanity, Arval A. Morris
Washington Law Review
Mental capacity becomes relevant to the criminal law as soon as a peace officer apprehends a person who has committed an anti-social act. Policemen, and later prosecutors, must decide whether the offender is "well" (sane), responsible for his acts, and the proper subject of criminal proceedings or whether he is "sick" (insane), not responsible for his acts, and the proper subject of civil commitment or similar process. These are threshhold questions in criminal law enforcement. If criminal processes are used, then the trial stage presents twin questions: whether an accused is capable of standing trial, and whether he was insane …
Felony Information: Due Process And Preliminary Hearing On Probable Cause, Anon
Felony Information: Due Process And Preliminary Hearing On Probable Cause, Anon
Washington Law Review
Defendants were charged with manslaughter by an information filed directly in superior court. They made timely motion to dismiss, contending that the information was defective because not found before a grand jury, or alternatively that due process required a determination before either a grand jury or a committing magistrate that probable cause existed to hold the defendants for trial. The motion was granted. On appeal, the Washington Supreme Court reversed. Held: Due process does not require persons charged with an infamous crime to be indicted by a grand jury or afforded a preliminary hearing on the issue of probable cause, …
Felony Information: Due Process And Preliminary Hearing On Probable Cause, Anon
Felony Information: Due Process And Preliminary Hearing On Probable Cause, Anon
Washington Law Review
Defendants were charged with manslaughter by an information filed directly in superior court. They made timely motion to dismiss, contending that the information was defective because not found before a grand jury, or alternatively that due process required a determination before either a grand jury or a committing magistrate that probable cause existed to hold the defendants for trial. The motion was granted. On appeal, the Washington Supreme Court reversed. Held: Due process does not require persons charged with an infamous crime to be indicted by a grand jury or afforded a preliminary hearing on the issue of probable cause, …
Constitutionality Of Conviction Under Narcotics Possession Statute, Anon
Constitutionality Of Conviction Under Narcotics Possession Statute, Anon
Washington Law Review
Defendant was convicted of the felony of possession of a narcotic without a prescription, and was sentenced to serve a maximum term of twenty years. Defendant claimed that, on the same facts, the prosecutor could have charged the defendant with the gross misdemeanor of illegal use of narcotic drugs. Defendant argued that this vests discretion in the prosecutor to charge either a felony or a gross misdemeanor, and that this discretion is violative of the equal protection clauses of the Washington and United States constitutions. On appeal, the Washington Supreme Court affirmed the conviction. Held: The gross misdemeanor of illegal …
Exposure To Unrelated But Inadmissible Evidence Constitutes Reversible Error, Anon
Exposure To Unrelated But Inadmissible Evidence Constitutes Reversible Error, Anon
Washington Law Review
Defendant was charged with unlawful possession of burglary tools, and fraudulent attempt to obtain narcotics. With agreement of defense counsel, the charges were consolidated for trial. At the close of the state's case, the trial court granted defendant's motion to suppress evidence relating to the burglary tools charge because it was obtained by an illegal search, dismissed the charge of unlawful possession of burglary tools, and instructed the jury to disregard all evidence or inferences concerning that charge. The trial court denied defendant's motion for a mistrial, and he was subsequently convicted of fraudulent attempt to obtain narcotics. On appeal, …
Criminal Law: Right To Counsel—Critical Stage Test In Non-Confession Cases, Anon
Criminal Law: Right To Counsel—Critical Stage Test In Non-Confession Cases, Anon
Washington Law Review
Defendant was arrested for driving under the influence of alcohol, a misdemeanor. After being taken to jail, his requests to call an attorney were denied in accordance with a police department regulation. Defendant's counsel submitted that, if contacted, he would have ordered a chemical, blood-alcohol test administered by a physician. Convicted in police court and superior court, defendant appealed to the Washington Supreme Court, which reversed and dismissed the charges. Held: The time immediately following arrest for driving under the influence of alcohol is a "critical stage" in criminal proceedings, during which defendant is entitled to counsel under the sixth …
Federal Habeas Corpus Jurisdiction—The Undeveloped Areas, David F. Berger
Federal Habeas Corpus Jurisdiction—The Undeveloped Areas, David F. Berger
Washington Law Review
This comment is concerned with habeas corpus jurisdiction in terms of its availability and issuance in behalf of persons physically restrained by the exercise of federal authority other than article III federal courts. Restraint by article III courts is excluded from discussion because the federal Habeas Corpus Act of 19486 fully covers those cases by specific provisions for relief of persons convicted and confined as a result of criminal proceedings in state or federal district courts. Thus, uncertainties as to habeas corpus availability and issuance only exist in regard to "non-article III"' restraint.
Juror Misconduct: Availability Of A Hearing On Alleged Illegal View, Anon
Juror Misconduct: Availability Of A Hearing On Alleged Illegal View, Anon
Washington Law Review
Defendants were convicted of attempted burglary in the third degree and possession of burglar's instruments. Their counsel moved for a new trial, on his own affidavit, deposing that certain jurors had told him of an unauthorized visit during the trial to the scene of defendants' alleged crime, apparently in order to better understand the evidence. Denial of defendants' motion for a new trial was affirmed by the Appellate Division of the Supreme Court, and—on appeal to the New York Court of Appeals—again affirmed. Held: Affidavit of defense counsel that certain jurors had reported an unauthorized visit during a trial to …
Acquittal Of Reckless Driving Does Not Bar Prosecution For Vehicular Homicide, Anon
Acquittal Of Reckless Driving Does Not Bar Prosecution For Vehicular Homicide, Anon
Washington Law Review
After being involved in a fatal automobile collision, defendant was charged by information, in a court of limited jurisdiction, with the misdemeanor of reckless driving. Trial by a three judge panel resulted in acquittal. Subsequently, an indictment was returned by county grand jury charging defendant with vehicular homicide, a felony requiring proof of driving in a "reckless or culpably negligent manner, whereby a human being is killed." Defendant contended that the prosecution for vehicular homicide would subject him to double jeopardy. The Appellate Division of the New York Supreme Court granted an order prohibiting the trial, agreeing that it would …
Criminal Law—Constitutional Law—Search And Seizure—Admissibility Of Evidence Incident To Arrest, Anon
Criminal Law—Constitutional Law—Search And Seizure—Admissibility Of Evidence Incident To Arrest, Anon
Washington Law Review
Defendant was riding as a guest in a car when Seattle police stopped the car and arrested the driver for twice turning without signaling and for failure to produce a valid driver's license. Defendant and the other passengers in the automobile were also arrested and taken to jail. The car was impounded. A search of the car the next day, accomplished without a search warrant, disclosed two revolvers hidden under the dash. At defendant's subsequent trial on robbery charges, the revolvers were admitted in evidence despite defendant's motion to suppress and objection. The trial court ruled that, although defendant's arrest …
Criminal Law—Jurisdiction—Habeas Corpus—State Jurisdiction Over Constitutional Questions Pending In Federal Court, Anon
Washington Law Review
In July, 1960, petitioner Don Anthony White was convicted of murder in the first degree and sentenced to death. The Washington Supreme Court affirmed the conviction, and certiorari was denied by the United States Supreme Court. In February 1964, the Washington court denied petitioner's application for writ of habeas corpus. Petitioner then applied for writ of habeas corpus in the federal district court. This petition raised a new issue based on facts asserted to have come to the attention of petitioner's counsel subsequent to the denial of the application by the Washington court." Respondent penitentiary superintendant maintained that petitioner had …
The Defense Of Indigent Persons Accused Of Crime In Washington—A Survey, Richard B. Amandes, George Neff Stevens
The Defense Of Indigent Persons Accused Of Crime In Washington—A Survey, Richard B. Amandes, George Neff Stevens
Washington Law Review
Eight months before the decision of the United States Supreme Court in Gideon v. Wainwright the American Bar Association, in accordance with its long existing concern with the problem of indigent defendants, authorized the appointment of a special committee with associate subcommittees in each state "to study present practices and to initiate, coordinate and accelerate efforts to assure adequacy of the defense provided indigent persons accused of crime in the United States..." The work of state subcommittees was coordinated and directed by the American Bar Foundation. This article is based upon the report prepared by the Washington subcommittee, and follows …
The Juvenile Offender And Self-Incrimination, Rodger W. Pegues
The Juvenile Offender And Self-Incrimination, Rodger W. Pegues
Washington Law Review
A juvenile offender whose case has been transferred from juvenile court to criminal court may be confronted with incriminating statements which he made during the course of the juvenile proceedings. The admissibility in a criminal prosecution of confessions and admissions made by a juvenile to police, probation officers, juvenile court judges, or other juvenile authorities involves important issues of public policy and constitutional law. The problem typically arises when a youth of sixteen or seventeen commits an act which, were he an adult, would be characterized as a crime. The youth has a history of several juvenile offenses. He is …
Five Years Under State V. Thompson Criminal Pretrial Discovery In Washington, Kenneth L. Schubert, Jr.
Five Years Under State V. Thompson Criminal Pretrial Discovery In Washington, Kenneth L. Schubert, Jr.
Washington Law Review
Shortly after its 1959 decision in State v. Thompson, the Washington Supreme Court was credited with having made substantial change in the availability of pretrial discovery in Washington criminal procedure. This comment seeks to determine the effect of State v. Thompson by surveying the law of pretrial discovery on two levels of the Washington judicial system. First, the comment analyzes the recent supreme court cases that followed State v. Thompson, emphasizing the policy reasons behind current Washington procedure. Then the comment discusses a survey of the state's trial judges, which was made in conjunction with this paper for the purpose …
Effectice Representation—An Evasive Substantive Notion Masquerading As Procedure, Kenneth O. Jarvi
Effectice Representation—An Evasive Substantive Notion Masquerading As Procedure, Kenneth O. Jarvi
Washington Law Review
Recent cases show an increasing judicial concern with the right to counsel for an indigent accused. This concern flows from the constitutional requirement of a fair trial for every accused, and has culminated with Gideon v. Wainright, establishing the right to counsel in the state courts in all cases. Concommitantly, a related concept of effective representation has acquired momentum. It dates from the language of Powell v. Alabama. This latter concept encompasses answers to the question of what amounts to competent and/or effective counsel. The answers to the question have proved to be delicate and shifting in emphasis from concern …
Poverty And Criminal Justice, Arval A. Morris
Poverty And Criminal Justice, Arval A. Morris
Washington Law Review
A conflict of the ideal of equality with reality exists today. Although our society has been characterized as affluent, there exist many citizens for whom reasonable legal fees appear unreasonable or impossible.
Double Jeopardy Where Both City And State Prosecute The Same Act, L. William Houger
Double Jeopardy Where Both City And State Prosecute The Same Act, L. William Houger
Washington Law Review
This comment's concern is the situation in which a municipality and a state each define the same conduct as criminal, and each, in a separate action prosecutes the same defendant for the same act. The sole question explored in this comment is whether there is, or should be, a bar, on the ground of double jeopardy, to city or state prosecutions where the other has prosecuted. An attempt has been made exhaustively to canvass the question and also the position of the state and federal courts.
Criminal Law—Admissibility Of Confessions, Michael D. Garvey
Criminal Law—Admissibility Of Confessions, Michael D. Garvey
Washington Law Review
State v. Moore recently held that only two proper grounds exist for excluding a confession from evidence in a criminal trial: That it was obtained in violation of the due process clause of the fourteenth amendment to the federal constitution or that it has not met the test provided by Washington statute. The Washington Constitution provides that, "no person shall be compelled in any criminal case to give evidence against himself . . ."' But the court held that this provision does not apply to the admissibility of confessions. The defendant had been convicted of second degree burglary and grand …
Criminal Law—Double Jeopardy, David W. Sandell
Criminal Law—Double Jeopardy, David W. Sandell
Washington Law Review
In State v. Connors, the Washington State Supreme Court held that a defendant had been placed in jeopardy when, sua sponte, a trial court erroneously declared a mistrial over his objection. A later retrial of the defendant therefore constituted double jeopardy.
The Child As A Witness, Charles F. Stafford
The Child As A Witness, Charles F. Stafford
Washington Law Review
Most parents will agree that small children have an uncanny ability of being in strange places at unexpected moments. Children are often in the right place at the right time to see people, things and events that are never witnessed by adults. As we know from experience, they often overhear things that adults have felt were said in confidence or were said because they felt there were no witnesses. While this faculty is often a mere source of annoyance to the adult members of the family, it may have considerable impact upon the outcome of some legal action. Unfortunately, the …
Instructing A Jury In Washington, Lloyd L. Wiehl
Instructing A Jury In Washington, Lloyd L. Wiehl
Washington Law Review
One of the most burdensome, time-consuming and vexing aspects of a jury trial is the preparation of jury instructions. Several matters in the area of instructions are particularly troublesome in Washington, and the purpose of this article is to analyze some of them, point out certain pitfalls, and make certain suggestions, with emphasis on simplification and standardization.
Criminal Law, Lloyd W. Peterson
Criminal Law, Lloyd W. Peterson
Washington Law Review
Covers observations on State v. Beck on "the joint problems of delineating the function of the grand jury and the protections required to be afforded those who appear in a grand jury proceeding" and related cases.
Criminal Law, Robert G. Swenson
Criminal Law, Robert G. Swenson
Washington Law Review
Covers cases on discovery in criminal actions.
Confessions And Criminal Procedure—A Proposal, George Neff Stevens
Confessions And Criminal Procedure—A Proposal, George Neff Stevens
Washington Law Review
The time has come to review in the light of United States Supreme Court decisions the procedures presently employed by state courts in testing the voluntariness of confessions in criminal cases. If these procedures be wanting, new procedures should be and must be devised which will give promise of assuring compliance with the standards established by these United States Supreme Court decisions.
Former Jeopardy On Retrial, Lawrence M. Ross
Former Jeopardy On Retrial, Lawrence M. Ross
Washington Law Review
The Supreme Court of the United States, in Green v. United States, was for the first time squarely presented with a much-debated and much-litigated question involving former jeopardy. Defendant Green was indicted on two counts, the first alleging arson and the second, the death of a woman resulting from that arson. If the defendant were guilty of arson and the arson caused the death of the woman, it would clearly amount to murder in the first degree under the felony-murder doctrine, as provided in Washington, D.C., Code 22-2401. The trial court, mistakenly believing that second degree murder was a lesser-included …
Extent Of Washington Criminal Jurisdiction Over Indians, Allen Lane Carr, Stanley M. Johanson
Extent Of Washington Criminal Jurisdiction Over Indians, Allen Lane Carr, Stanley M. Johanson
Washington Law Review
The case of In re Andy, a 1956 decision of the Washington Supreme Court, demonstrated that there are approximately 15,000 persons in the state of Washington who are not amenable to criminal prosecution under state law in certain situations, and in many instances are not amenable to either state or federal prosecution. These 15,000 persons are the Indians who live in our state but who reside in "Indian country" and have retained their status as wards of the federal government. The problem of investigating and prosecuting crimes committed by these Indians has confronted and frustrated both state and federal law …