Criminal Procedure Commons^™

Recent Cases, Law Review Staff

Vanderbilt Law Review

Criminal Law-Confessions-- Government Can Satisfy Its Burden of Proving Waiver of Miranda Rights By Showing Warnings Given, Signed Waiver, and Proof of Defendant's Capacity to Understand the Warnings

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Criminal Procedure--Grand Jury-Attorney Work Product Consisting of Written Summaries and Personal Recollections of Interviews Is Privileged Against Disclosure at Federal Grand Jury Investigations

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Public Employees --Freedom of Association-Discharge of Non-policy-making Public Employees on Ground of Political Affiliation Infringes Employees' Freedom of Association

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Torts--Wrongful Death-Common--Law Cause of Action for Wrongful Death Exists Under Massachusetts Law

Criminal Procedure--Justice Of The Peace Courts--Increased Penalty Upon Trial De Novo, Anne C. Reppert

West Virginia Law Review

No abstract provided.

Criminal Law And Procedure--Bringing It Home, Fernand N. Dutile

Journal Articles

When I first began teaching six years ago at the Catholic University Law School, one of the two sections of Criminal Law and Procedure assigned to me was approximately 33 % larger than the other. I remember feeling a considerable difference in atmosphere in the two sections, due to the numbers involved. In the smaller section, discussion seemed more intimate, more coherent, more shared by all the students. I felt able to know students better and more quickly. It is stunning now to realize that the larger section in that 1966-67 school year numbered 32 students! When I left Catholic …

Recent Cases, Law Review Staff

Vanderbilt Law Review

RECENT CASES

Antitrust--Sham Exception--Allegations of Purposeful and Concerted Use of Adjudicatory Processes to Harass and Deter Parties From Having Free Access to These Processes Constitute a Cause of Action Under Antitrust Laws

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Criminal Procedure--Confessions--Determination of Confession's Voluntariness by Preponderance of the Evidence Is Not Violative of Fifth Amendment Prohibition Against Self-Incrimination

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Landlord and Tenant--Forcible Entry and Detainer Statute--Provisions for Immediate Trial and Limitation of Triable Issues Not Violative of Due Process or Equal-Protection Clauses

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Securities Regulation-Section 16(b) of Securities Exchange Act of 1934--Insider May Sell Enough Stock To Bring His Holdings Below Ten Percent and Within Six …

Excessive Delay In The Courts: Toward A Continuance Policy Relating To Counsel And Parties, Thomas O. Gorman

Cleveland State Law Review

The maxim "Justice delayed is justice denied" is an expression which is becoming all too meaningful in our courts today. Many of the large metropolitan courts in this country are being strangled by the ever-increasing backlog of cases. ...In most court systems, continuance policies are either non-existent or couched in vague terms such as "good cause shown.' It is the aim of this study to formulate guidelines for a sound continuance policy which will serve to speed the administration of justice without interfering with the high standard of judicial fairness necessary to proper adjudication.

Kirby V. Illinois, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Traditional Criminal Procedure In Ethiopia, Stanley Z. Fisher

Faculty Scholarship

In the decade 1955-1965 the Ethiopian government completely revolutionized its legal system by promulgating comprehensive legal codes and a new constitution. These laws have a predominantly Western flavor, and seem to bear little relation to the traditional patterns of life which still prevail in the Empire-one of the least "developed" areas of Africa. This state of affairs has led some to characterize the new codes as "fantasy law," which may serve to put a modern "face" on the country but, at least for some time to come, will not have any serious impact on the conduct of its affairs.

Habeas Corpus--Applicability Of Doctrine Of Res Judicata

West Virginia Law Review

No abstract provided.

Criminal Law--Speedy Trial--The Three Term Rule, Stephen P. Swisher

West Virginia Law Review

No abstract provided.

Judicial Problems In Administering Court Appointment Of Counsel For Indigents

Washington and Lee Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Administrative Law--Judicial Review of SEC Decisions--No-Action Letter Under Commission's Proxy Rules Procedures Has Sufficient Finality and Formality to be Reviewable

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Creditors' Rights--Section 77 Railroad Reorganization--Federal Priority Under Section 191 Denied; Interline Balance Claims Granted Priority Under Equitable Six-Months Rule

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Criminal Procedure --Breach of the Peace--State Peace Bond Statute Establishes Criminal Proceedings and Must Satisfy Requirements of Due Process and Equal Protection Clauses

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Criminal Procedure--Presumption of Innocence--Cautionary Instruction to Jury that Presumption of Innocence is Not Intended To Aid the Guilty To Escape is Not Misleading or Erroneous

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Landlord and Tenant Law--Warranty of Habitability Implied by Law …

The Grand Jury As The New Inquisition, Michael E. Tigar, Madeline R. Levy

Faculty Scholarship

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Civil Rights--Personal Injury--Intent to Injure Is Not a Prerequisite to Recovery for Police Abuse Under Section 1983

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Constitutional Law--Abortion--Statute Prohibiting Abortion of Unquickened Fetus Violates Mother's Constitutional Right of Privacy

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Constitutional Law--Obscenity--State Statute Allowing Injunction Against Dissemination of Allegedly Obscene Material Prior to Adversary Hearing Not Violative of First Amendment

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Constitutional Law--Right of Privacy--State Statute Requiring Disclosure of All Substantial Financial Interests of Public Officials is Overbroad and an Unconstitutional Invasion of Privacy

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Constitutional Law--Sixth Amendment--Admission of Prior Inconsistent Statements as Substantive Evidence Does Not Violate Right of Confrontation

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Criminal Procedure--Search and Seizure--Warrantless Search of …

Some Observations On Waiver In Indiana Criminal Appeals: The Substantial Re-Adoption Of Rule 1-14b In Trial Rule 59, Francis X. Mccloskey

Indiana Law Journal

No abstract provided.

Imprisonment For Nonpayment Of Fines And Costs: A New Look At The Law And The Constitution, Paul M. Stein

Vanderbilt Law Review

This note is based on the premise that a new understanding of the principles of sentencing has evolved during the past half-century. After articulating this thesis, one which has been more fully developed elsewhere, an assessment is made of the extent to which the more modern concepts of sentencing have been embodied in public policy as enunciated in statutes and court decisions, particularly decisions interpreting constitutional requirements. This examination reveals tha the existing rules and practices concerning imprisonment for fines and costs reflect uneasy compromises between competing policies and that these rules and practices are largely holdovers from an earlier …

The Use Of Prior Convictions To Impeach The Credibility Of The Criminal Defendant, James Alan Harris

West Virginia Law Review

No abstract provided.

Criminal Procedure, 1969 - Is It A Means Or An End?, Erwin N. Griswold

Maryland Law Review

No abstract provided.

For A Swifter Criminal Appealto Protect The Public As Well As The Accused, Albert V. Bryan

Washington and Lee Law Review

No abstract provided.

Increased Sentence Upon Retrial

Washington and Lee Law Review

No abstract provided.

Science And Morality Of Criminal Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

The Warren Court And Criminal Procedure, A. Kenneth Pye

Faculty Scholarship

No abstract provided.

Post-Conviction Relief For Federal Prisoners: A Survey And A Suggestion Under 28 U.S.C. 2255, Gerald F. Uelmen

West Virginia Law Review

In answer to the complaints of numerous federal judges that they were being engulfed by a flood of habeas corpus petitions, Congress in 1948 enacted a complete revision of the habeas corpus provisions of the Judicial Code. Part of this revision was title 28, section 2255, of the United States Code which "restates, clarifies and simplifies the procedure in the nature of the ancient writ of error coram nobis." Adopted upon the recommendation of the Judicial Conference of the United States, its declared purpose was to provide "an expeditious remedy for correcting erroneous sentences without resort to habeas corpus." The …

The Disclosure To Defense Of Presentence Reports In West Virginia, Willard D. Lorensen

West Virginia Law Review

No abstract provided.

Double Punishment For Burglarious Offenses

Washington and Lee Law Review

No abstract provided.

Jury Trial Of Crimes, Lewis F. Powell, Jr.

Washington and Lee Law Review

No abstract provided.

The Use Of Federal Habeas Corpus By State Prisoners, J. Deweese Carter

Washington and Lee Law Review

No abstract provided.

The Supreme Court And Criminal Procedure, Edward S. Northrop

Maryland Law Review

No abstract provided.

Criminal Law And Procedure, Henry Paul Monaghan

Faculty Scholarship

§12.1 Introduction. The recent decisions of the United States Supreme Court in the area of criminal procedure have begun to have a considerable impact upon litigation in the Massachusetts courts; indeed, for at least the second successive year the major emphasis of the Supreme Judicial Court's criminal law opinions centered upon considerations of "criminal due process." On the whole, the Court demonstrated an admirable concern for protecting the requirements of a fair trial. However, in at least two significant areas its decisions are open to considerable question: (1) in a series of opinions the Court confined the admittedly unclear …

Criminal Law And Procedure -- 1964 Tennessee Survey, Graham Parker, Robert E. Kendrick

Vanderbilt Law Review

The substantive criminal law receives little attention from the Tennessee appellate courts. No doubt this observation would be equally true of most jurisdictions. To one who received his legal training in a common law system of criminal law and who yet has had some experience with Canada's federal code of criminal law, the emphasis on criminal procedure is surprising. Does this mean that the state codes of substantive law have reached such heights of perfection and expertise that the efforts of the Model Penal Code draftsmen are unnecessary or, at best, academic? It is unlikely. The position rather reflects a …

Police Interrogation: A Psychoanalytic View, Philipp Brockington

Law Faculty Publications

No abstract provided.