Criminal Procedure Commons^™

The Key-Man System For Composing Jury Lists In West Virginia--The Story Of Abuse, The Case For Reform, Charles R. Disalvo

West Virginia Law Review

No abstract provided.

Book Review Of Tightening The Reins Of Justice In America: A Comparative Analysis Of The Criminal Jury Trial In England And The United States, B. J. George Jr.

Journal of Legal Education

No abstract provided.

Criminal Procedure - Voir Dire - Prosecutors Must Now Show That A Juror Is Irrevocably Committed To Voting Against The Maximum Penalty Before Striking For Cause, Marcella Taylor

University of Arkansas at Little Rock Law Review

No abstract provided.

Voir Dire In Kentucky: An Empirical Study Of Voir Dire In Kentucky Circuit Courts, William H. Fortune

Law Faculty Scholarly Articles

Voir dire is the stage of a jury trial at which prospective jurors are questioned under oath by court or counsel to determine their suitability as jurors in the case to be tried. Kentucky's high court has repeatedly recognized the importance of voir dire to the exercise of for-cause and peremptory challenges.

The trial judge's wide discretion in voir dire, however, necessarily makes a review of appellate decisions of minimal assistance in ascertaining what actually occurs during this important phase of a jury trial. Published opinions provide little guidance in this area; information about voir dire must come from a …

A Case For Jury Determination Of Search And Seizure Law, Ronald J. Bacigal

Law Faculty Publications

In a criminal case the option to return a general verdict of acquittal invests the jury with the raw power to nullify many legal determinations, including the trial judge's ruling that a search is constitutional. While courts grudingly acknowledge the existence of an extra-legal jury nullification power, courts do not recognize any jury prerogative to determine the lawfulness of a search. The United States Supreme Court's discussion of the jury's role in interpreting and applying the fourth amendment consists of one terse statement that the legality of a search "is a question of fact and law for the court and …

Remedies For Prejudicial Publicity: A Brief Review, James T. Ranney

Villanova Law Review (1956 - )

No abstract provided.

The Pauper--Short-Changed At The Jury Box, Jeffrey J. Yost

West Virginia Law Review

Fear of governmental domination prompted the founders of the United States to restrict governmental interference with individual liberties. Indeed, the Bill of Rights was added to the Constitution to prohibit tampering with preferred freedoms. One such prohibition is that no citizen can be deprived of his life, liberty or property solely upon governmental accusations. Such deprivation can follow only after determination of guilt by a jury of the individual's peers. However, West Virginia statutorily denies paupers this fundamental right to a trial by their peers. This denial constitutes an invidious discrimination violative of the equal protection clause of the Constitution.

Jury Consideration Of Parole, Fernand N. Dutile

Journal Articles

Under our system of criminal justice, a jury faces two basic decisions: the determination of guilt and, in many cases, the selection of an appropriate penalty for the convicted. In both instances the jurors' impressions of the parole system could be crucial. For example, the jury's notion—correct or incorrect—that the defendant will be eligible for parole very quickly if sentenced to prison may cause it to compromise on the issue of guilt. In cases where the jury has discretion in setting the penalty, this notion may seduce it into selecting the death penalty over life imprisonment.

There are additional problems …

Discharge Of Hung Jury

Washington and Lee Law Review

No abstract provided.

Misconduct Of Judges And Attorneys During Trial: Informal Sanctions, Charles W. Ehrhardt

Scholarly Publications

No abstract provided.

Jurors And The Sanctity Of Their Verdicts, Lee O'Hanlon Hill

West Virginia Law Review

No abstract provided.

Rule 558 - What The Jury May Take To The Jury Room - Bell V. State, Herbert A. Seidman

Maryland Law Review

No abstract provided.

Criminal Procedure - Juries - Effect Of Disqualified Juror On The Verdict, Joseph M. Kortenhof S.Ed.

Michigan Law Review

Defendant was convicted of selling whiskey and imprisoned in the county jail. After the time for appeal had elapsed he discovered that one jury member had been an unpardoned convict. In a habeas corpus proceeding the defendant urged that the judgment was void and subject to collateral attack. The county court refused to discharge the defendant. On appeal, held, affirmed. Discovery after the verdict that a convict sat on the jury, contrary to statute, gives an automatic right to a new trial. However, since the defect only renders the verdict voidable and not void it must be challenged within …

Constitutional Law-Fourteenth Amendment-Discrimination In Selection Of Grand Jurors, Alan C. Boyd S. Ed.

Michigan Law Review

Defendant's conviction of murder was affirmed by the Texas Court of Criminal Appeals, which rejected defendant's claim that discrimination in selection of the indicting grand jury had violated his constitutional rights. Defendant pointed out that the Negro proportion of grand jurors had uniformly been less than the ratio of Negroes to the total population of the county, and that on the past twenty-one lists the commissioners had consistently limited the number of Negroes to not more than one on each grand jury. On certiorari to the United States Supreme Court, held, reversed. Limitation of the number of Negroes on …

Mr. Justice Murphy And Civil Rights, Thurgood Marshall

Michigan Law Review

There is constant danger that the unpopularity of an individual, or of the group of which he is a member, will be reflected in dealings with his rights by his neighbors or by the organized community. In America today this bias is most likely to stern from differences of race, origin, nationality, or religious or political belief. Prejudice may victimize an entire group or any of its members. Any charge of shocking or anti-social conduct against one who is already thus unpopular increases the likelihood of unfair treatment. Not only private citizens, but legislators, judges and administrative officers of government …

Habeas Corpus As A Method Of Review-Prohibition-Mandamus

Michigan Law Review

It is a well-settled rule, sustained by innumerable cases, that errors and irregularities committed by a court within the sphere of its jurisdiction cannot be inquired into in habeas corpus proceedings. The reason commonly given for this rule is that such a proceeding is a collateral attack on the judgment, and a collateral attack is necessarily limited to the inquiry whether the court has acted without jurisdiction or has exceeded its jurisdiction.