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Criminal Procedure Commons™

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West Virginia Law Review

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Articles 61 - 90 of 179

Full-Text Articles in Criminal Procedure

Survey Of Developments In West Virginia Law: 1981 Jan 1982

Survey Of Developments In West Virginia Law: 1981

West Virginia Law Review

No abstract provided.


Prosecutorial Discovery: An Overview, Harry G. Deitzler, Susan Klimas, Walt Auvil Dec 1980

Prosecutorial Discovery: An Overview, Harry G. Deitzler, Susan Klimas, Walt Auvil

West Virginia Law Review

No abstract provided.


Survey Of Developments In West Virginia Law: 1980 Dec 1980

Survey Of Developments In West Virginia Law: 1980

West Virginia Law Review

No abstract provided.


Commentary--The Federal Criminal Code Reform Act And New Sentencing Alternatives, Edward M. Kennedy Apr 1980

Commentary--The Federal Criminal Code Reform Act And New Sentencing Alternatives, Edward M. Kennedy

West Virginia Law Review

No abstract provided.


Jury Instructions V. Jury Charges, J. Patrick Jones Apr 1980

Jury Instructions V. Jury Charges, J. Patrick Jones

West Virginia Law Review

No abstract provided.


Survey Of Developments In West Virginia Law: 1979 Apr 1980

Survey Of Developments In West Virginia Law: 1979

West Virginia Law Review

No abstract provided.


Prior Crime Impeachment Of Criminal Defendants: A Constitutional Analysis Of Rule 609, Gene R. Nichol Jr. Apr 1980

Prior Crime Impeachment Of Criminal Defendants: A Constitutional Analysis Of Rule 609, Gene R. Nichol Jr.

West Virginia Law Review

The use of prior criminal convictions to impeach the credibility of a witness is an almost universally applied and time-honored tenet of our evidentiary jurisprudence. Past convictions may not be used substantively to demonstrate criminal propensity; i.e., the likelihood that an individual will engage in criminal conduct based upon his past activities. However any witness giving testimony in a court of law is deemed to have placed his credibility in issue. As a result, in almost all American jurisdictions, a witness' character for truth and veracity may be attacked by proof that he has been convicted of a crime. This …


Compensating Victims Of Crime: Evolving Concept Or Dying Theory, Kathleen V. Duffield Sep 1979

Compensating Victims Of Crime: Evolving Concept Or Dying Theory, Kathleen V. Duffield

West Virginia Law Review

No abstract provided.


Substantive And Procedural Aspects Of The Right To Effective Assistance Of Counsel, Irene M. Keeley Apr 1979

Substantive And Procedural Aspects Of The Right To Effective Assistance Of Counsel, Irene M. Keeley

West Virginia Law Review

In an earlier era trial courts perceived their responsibility regarding the quality of legal assistance to be limited to the appointment of reputable counsel. Unless the circumstances were exceptional, judges confronted with a lack of adequate representation for a defendant "papered over" the problem either because they feared a flood of frivolous claims or because they were reluctant to upset the finality of criminal convictions. Even today, when a growing number of courts have formulated a more stringent sixth amendment standard for judging counsel effectiveness, there remains a judicial reluctance to recognize the fundamental nature of the right to effective …


Survey Of Developments In West Virginia Law: 1978 Feb 1979

Survey Of Developments In West Virginia Law: 1978

West Virginia Law Review

No abstract provided.


Book Review: A Theory Of Criminal Justice, James R. Elkins Feb 1979

Book Review: A Theory Of Criminal Justice, James R. Elkins

West Virginia Law Review

No abstract provided.


The Right To An In Camera Voluntariness Hearing: State V. Sanders, Ellen Carle Lilly Sep 1978

The Right To An In Camera Voluntariness Hearing: State V. Sanders, Ellen Carle Lilly

West Virginia Law Review

No abstract provided.


Criminal Procedure--Recent Developments In West Virginia--Boyd, Mcaboy, And Cannellas, Joseph M. Price Jan 1978

Criminal Procedure--Recent Developments In West Virginia--Boyd, Mcaboy, And Cannellas, Joseph M. Price

West Virginia Law Review

No abstract provided.


Survey Of Develpoments In West Virginia Law: 1977, Joseph W. Bowman, Thomas Evans, Janet Archer Goodwin, Laura Jane Kelly, Kenneth E. Tawney Sep 1977

Survey Of Develpoments In West Virginia Law: 1977, Joseph W. Bowman, Thomas Evans, Janet Archer Goodwin, Laura Jane Kelly, Kenneth E. Tawney

West Virginia Law Review

No abstract provided.


Legal Ethics And The Prosecuting Attorney, John O. Kizer Apr 1977

Legal Ethics And The Prosecuting Attorney, John O. Kizer

West Virginia Law Review

No abstract provided.


Survey Of Developments In West Virginia Law: 1976 Apr 1977

Survey Of Developments In West Virginia Law: 1976

West Virginia Law Review

No abstract provided.


Streamlining Criminal Procedure In Magistrate Court, Robert Batey, Diana L. Fuller Apr 1977

Streamlining Criminal Procedure In Magistrate Court, Robert Batey, Diana L. Fuller

West Virginia Law Review

No abstract provided.


Criminal Procedure--Right Of Cross-Examination--Sexual Assault Statute, Priscilla L. Swalm Jan 1977

Criminal Procedure--Right Of Cross-Examination--Sexual Assault Statute, Priscilla L. Swalm

West Virginia Law Review

No abstract provided.


Criminal Law--Criminal Responsibility--A Pragmatic Approach To The Fourth Circuit, Michael Frank Pezzulli Jun 1976

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 Jun 1976

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.


Criminal Procedure--Warrantless Seach Permissable Even Though Arresting Officer Had Time To Procure Warrant, J.P.B. May 1976

Criminal Procedure--Warrantless Seach Permissable Even Though Arresting Officer Had Time To Procure Warrant, J.P.B.

West Virginia Law Review

No abstract provided.


Criminal Procedure--Due Process--Right To Counsel At Pretrial Identifications, Diana L. Fuller Dec 1975

Criminal Procedure--Due Process--Right To Counsel At Pretrial Identifications, Diana L. Fuller

West Virginia Law Review

No abstract provided.


Finality And Habeas Corpus: Is The Rule That Res Judicata May Not Apply To Habeas Corpus Or Motion To Vacate Still Viable, Marilyn L. Kelley Dec 1975

Finality And Habeas Corpus: Is The Rule That Res Judicata May Not Apply To Habeas Corpus Or Motion To Vacate Still Viable, Marilyn L. Kelley

West Virginia Law Review

No abstract provided.


Criminal Procedure--Post-Conviction Right To Counsel, Thomas W. Smith Apr 1975

Criminal Procedure--Post-Conviction Right To Counsel, Thomas W. Smith

West Virginia Law Review

No abstract provided.


Criminal Procedure--Discovery--Movement Toward Full Disclosure, Richard B. Pyles Apr 1975

Criminal Procedure--Discovery--Movement Toward Full Disclosure, Richard B. Pyles

West Virginia Law Review

No abstract provided.


Criminal Procedure--Recidivism--Constitutionality Of The West Virginia Recidivist Statute, Cynthia L. Turco Feb 1975

Criminal Procedure--Recidivism--Constitutionality Of The West Virginia Recidivist Statute, Cynthia L. Turco

West Virginia Law Review

No abstract provided.


Disquisition On The Need For A New Model For Criminal Sanctioning Systems, M. Kay Harris Feb 1975

Disquisition On The Need For A New Model For Criminal Sanctioning Systems, M. Kay Harris

West Virginia Law Review

The time is ripe for a major restructuring of our criminal sanctioning systems. Pressures for change are arising from many sources. As crime rates continue to rise and public fear of crime grows apace, thoughtful persons from many walks of life are more strongly articulating the need to find a different method of dealing with those convicted of violating the criminal law. The criminal prosecutions and dispositions arising from Watergate and related cases have brought many of the issues of unequal justice into the thoughts of American citizens. Proposals for criminal and penal code revision await action in legislatures throughout …


Criminal Procedure--Right To Counsel--Standard For Judging The Effectiveness Of Assistance, Rowland H. Burns Jr. Feb 1975

Criminal Procedure--Right To Counsel--Standard For Judging The Effectiveness Of Assistance, Rowland H. Burns Jr.

West Virginia Law Review

No abstract provided.


Criminal Procedure--Habeas Corpus--Waiver Of Relief Under The West Virginia Post-Conviction Habeas Corpus Act, Steven E. Deems Feb 1974

Criminal Procedure--Habeas Corpus--Waiver Of Relief Under The West Virginia Post-Conviction Habeas Corpus Act, Steven E. Deems

West Virginia Law Review

No abstract provided.


Criminal Procedure--Habeas Corpus--Federal Jurisdiction Expanded, Charles J. Kaiser Feb 1974

Criminal Procedure--Habeas Corpus--Federal Jurisdiction Expanded, Charles J. Kaiser

West Virginia Law Review

No abstract provided.