Criminal Procedure Commons^™

Manson V. Brathwaite: Looking For The Silver Lining In The Area Of Eyewitness Identifications

Washington and Lee Law Review

No abstract provided.

Recent Cases, Daniel P. Smith, R. Michael Moore

Vanderbilt Law Review

Courts Split on the Necessity of Separate Authorization for a Covert Entry Under Title III of the Omnibus Crime Control and Safe Streets Act of 1968

Daniel Paul Smith

Title III of the Omnibus Crime Control and Safe Streets Act of 1968,' which regulates the use of electronic surveillance, was designed to protect "the privacy of wire and oral communications,"and to delineate "on a uniform basis the circumstances and conditions under which the interception of wire and oral communications may be authorized."' In general, communications may be intercepted only by law enforcement officers, who are engaged in the investigation of …

Theory And Reform Of Criminal Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Prosecutorial Discretion, Plea Bargaining And The Supreme Court's Opinion In Bordenkircher V. Hayes, William T. Pizzi

Publications

No abstract provided.

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

West Virginia Law Review

No abstract provided.

Improving Police Discretion Rationality In Handling Public Inebriates Part Ii, David Aaronson

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Improving Police Discretion: Rationality In Handling Public Inebriates Part Ii, David Aaronson, C. Dienes, Michael Musheno

Scholarly Articles in Law Reviews & Journals

In 1913 Eugene Ehrlich spoke of the living law when he stated that "[a]t the present as well as at any other time, the center of gravity of legal development lies not in legislation, nor in juristic science, nor in judicial decision, but in society itself.' This article is premised on the belief that Ehrlich's perception is as valid today as it was then. If you want to know the law relating to public intoxication you cannot be content with the statutes and ordinances, in the court decisions nor even the administrative rules and regulations of those charged with enforcing …

The Florida Rules Of Criminal Procedure: 1977 Amendments, John F. Yetter

Florida State University Law Review

No abstract provided.

Criminal Procedure As Defined By The Tennessee Supreme Court, Julian L. Bibb, Walter S. Weems

Vanderbilt Law Review

The Tennessee Supreme Court, elected simultaneously for the first time since the early 1900's, assumed office in September 1974 amid speculation concerning future judicial policy. The court, com-posed of Chief Justice William H. D. Fones and Justices Ray L.Brock, Jr., Robert E. Cooper, William J. Harbison, and Joe W.Henry, immediately indicated the importance of a uniform judicial policy governing criminal procedure by creating a special commission to revise the state rules of criminal procedure. Additionally,during its present term the court has decided numerous cases directed toward the formation of well-defined rules under which criminal allegations can be adjudged. This Special …

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

West Virginia Law Review

No abstract provided.

Survey Of Criminal Procedure — Alternative Dispositions Of Defendants, Charles Shafer

All Faculty Scholarship

The criminal justice system provides various alternatives for the disposition of criminal defendants. Three of these alternatives, pretrial intervention, drug treatment, and probation, were dealt with in recent New Jersey Supreme Court decisions. The court examined the substantive criteria and procedures used in assigning each disposition and focused primarily on the desire to provide rehabilitative opportunities for each defendant. This note will examine those decisions and the implications of the court's concentration on the goal of rehabilitation.

Competency To Stand Trial In Federal Courts: Conceptual And Constitutional Problems, William T. Pizzi

Publications

No abstract provided.

Castaneda V. Partida, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Expanding Criminal Procedural Rights Under State Constitutions

Washington and Lee Law Review

No abstract provided.

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

West Virginia Law Review

No abstract provided.

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

West Virginia Law Review

No abstract provided.

Gerstein V. Pugh, 420 U.S. 103 (1975); In Re Florida Rules Of Criminal Procedure, 309 So. 2d 544 (Fla. 1975), R. Wayne Miller

Florida State University Law Review

Criminal Procedure- PRELIMINARY HEARINGS- NONADVERSARY JUDICIAL DETERMINATION OF PROBABLE CAUSE TO DETAIN IS PREREQUISITE TO EXTENDED RESTRAINT OF LIBERTY FOLLOWING ARREST.

In Re Forfeiture Of The Following Described Vehicle, 1972 Porsche 2 Dr., '74 Florida License Tag Id 91788 Vin #9111200334, 307 So. 2d 451 (Fla. 3d Dist. Ct. App. 1975), Michael P. Mabile

Florida State University Law Review

Criminal Law- FORFEITURES- SIGNIFICANT INVOLVEMENT IN ILLICIT DRUG OPERATION REQUIRED TO JUSTIFY AUTOMOBILE FORFEITURE; EVIDENCE OBTAINED BY ILLEGAL SEARCH INADMISSIBLE IN FORFEITURE PROCEEDING; IMPOUNDMENT OF AUTOMOBILE WITHOUT WARRANT IN ABSENCE OF PROBABLE CAUSE AND EXIGENT CIRCUMSTANCES INVALIDATES RELATED INVENTORY SEARCH.

Pretrial Diversion From The Criminal Process: Some Constitutional Considerations, Kenneth W. Macke

Indiana Law Journal

No abstract provided.

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

West Virginia Law Review

No abstract provided.

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

West Virginia Law Review

No abstract provided.

More On The New Federalism In Criminal Procedure, Donald E. Wilkes Jr.

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Criminal Procedure, Rutheford B. Campbell Jr.

Law Faculty Scholarly Articles

This article provides a survey of Kentucky legal developments in the area of criminal procedure. The Kentucky Court of Appeals has had an especially active year in the criminal procedure area. Since the nature of this article does not permit extended commentary on all of the Court's decisions, discussion will be limited to the more significant cases, which deal with automobile inventory searches, waiver of constitutional rights, and plea bargaining.

Kentucky Law Survey: Criminal Procedure, Rutheford B. Campbell Jr.

Law Faculty Scholarly Articles

In 1974, the Kentucky Court of Appeals decided a number of criminal procedure cases. Although these included cases involving prisoners’ rights, probation revocation procedure, and discovery, the more significant decisions were in the area of the right of effective assistance of counsel and the area of search and seizure. It is to these latter two areas that the author will limit his discussion.

Recent Cases, Michael D. Kelly, Robert D. Tuke

Vanderbilt Law Review

Antitrust Law--Clayton Act--Statistics of Market Concentration and Increased Market Share are Insufficient to Show Violation of Section 7 When Other Factors Mandate a Conclusion that Competition will not be Substantially Lessened by the Contested Acquisition --

Preservation of a large number of marginal competitors does not necessarily result in the optimum level of competition, and size per se is not illegal' and should not be equated with anticompetitive effect. Seemingly, the competitive objectives of antimerger law have been infused with a theory characterized by socio-political feelings of hostility towards large, integrated corporations contrasted with friendliness toward small, independent business units …

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 Law Notes: The Preliminary Hearing As A Constitutional Requirement, F. Thomas Schornhorst

Articles by Maurer Faculty

No abstract provided.

Criminal Procedure: Jury Prejudice After Wounded Knee--The Sufficiency Of Federal Voir Dire, John C. Dill

American Indian Law Review

No abstract provided.

Criminal Law Notes: Fourth Amendment Developments And Their Impact Upon The Criminal Process In Indiana, F. Thomas Schornhorst

Articles by Maurer Faculty

No abstract provided.