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Articles 10921 - 10950 of 12096

Full-Text Articles in Criminal Procedure

Criminal Law And Procedure – Bringing It Home, Fernand N. Dutile Sep 1973

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

Journal of Legal Education

No abstract provided.


Discretion In Felony Sentencing—A Study Of Influencing Factors, Barbara L. Johnston, Nicholas P. Miller, Ronald Schoenberg, Laurence Ross Weatherly Aug 1973

Discretion In Felony Sentencing—A Study Of Influencing Factors, Barbara L. Johnston, Nicholas P. Miller, Ronald Schoenberg, Laurence Ross Weatherly

Washington Law Review

The desirability and constitutionality of discretionary criminal sentencing can be ascertained only if the factors influencing sentencing decisions are known. The authors analyze data generated by a 1971 survey of Washington State superior court trial judges in order to identify the significant factors and to evaluate their relative importance in criminal sentencing. The results indicate that discretionary sentencing is influenced strongly by social biases in no way dependent upon the culpability of the offender, his personal behavior patterns, or circumstances of the crime.


The Search And Seizure Of Private Papers: Fourth And Fifth Amendment Considerations, Steven H. Shiffrin Jul 1973

The Search And Seizure Of Private Papers: Fourth And Fifth Amendment Considerations, Steven H. Shiffrin

Cornell Law Faculty Publications

There is a recognizable factual distinction between the search and seizure of private papers and the search and seizure of non-documentary items. It is difficult, however, to decide when such a distinction should assume constitutional dimensions. Specifically, are there circumstances under which private papers should be immune from search and seizure? In a 1967 landmark case, Warden v. Hayden, the United States Supreme Court raised doubts concerning the continued validity of decades of settled law on this important issue. Warden's reopening of this problem aroused the curiosity of commentators, spurred new policy arguments in the American Law Institute, divided …


Criminal Procedure--Justice Of The Peace Courts--Increased Penalty Upon Trial De Novo, Anne C. Reppert Jun 1973

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

West Virginia Law Review

No abstract provided.


Adoptive Admissions In Custody And The Constitution Jun 1973

Adoptive Admissions In Custody And The Constitution

Washington and Lee Law Review

No abstract provided.


Criminal Procedure—Dismissals In The Futherance Of Justice—State V. Sonneland, 80 Wn. 2d 343, 494 P.2d 469 (1972), K. D. K. May 1973

Criminal Procedure—Dismissals In The Futherance Of Justice—State V. Sonneland, 80 Wn. 2d 343, 494 P.2d 469 (1972), K. D. K.

Washington Law Review

In March 1969, Sonneland was charged with possession of marijuana, then a felony. His offer to plead guilty to a gross misdemeanor was accepted. Subsequently, a second bargain was made whereby Sonneland agreed to furnish information leading to the arrest of three dealers in exchange for a promise to dismiss all the charges against him. A continuance was granted to provide a cover, and in August 1969, Sonneland gave a tip which culminated in the arrest of three men. It was disputed whether all were dealers. In February 1970, the prosecuting attorney concluded that Sonneland would provide no further information …


Criminal Procedure—Immunity: Fifth Amendment Privilege Against Self-Incrimination Eclipsed By Use Immunity—Kastigar V. United States, 406 U.S. 441 (1972), W. J. M. May 1973

Criminal Procedure—Immunity: Fifth Amendment Privilege Against Self-Incrimination Eclipsed By Use Immunity—Kastigar V. United States, 406 U.S. 441 (1972), W. J. M.

Washington Law Review

Kastigar refused to answer questions during federal grand jury proceedings despite an order commanding him to answer and granting him use and derivative use immunity, protecting him from the use of his testimony or any evidence derived from it. Kastigar's refusal to testify was premised on the theory that the grant of immunity extended to him was constitutionally deficient and that only transactional immunity could supplant his fifth amendment privilege. The trial court found Kastigar in civil contempt and ordered him confined pursuant to section 301(a) of the Organized Crime Control Act of 1970. The United States Court of Appeals …


Effects Of Alternative Types Of Counsel On Criminal Procedure Treatment, Stuart S. Nagel Apr 1973

Effects Of Alternative Types Of Counsel On Criminal Procedure Treatment, Stuart S. Nagel

Indiana Law Journal

No abstract provided.


Lie Detector Test - Transcript Of Hearing, Supreme Court Of The State Of New York Mar 1973

Lie Detector Test - Transcript Of Hearing, Supreme Court Of The State Of New York

Motions

No abstract provided.


The Federal Jury., Joe J. Fisher Mar 1973

The Federal Jury., Joe J. Fisher

St. Mary's Law Journal

Abstract Forthcoming.


A Search Warrant Is Not Required Where There Is Probable Cause To Search A Chattel Consigned To A Carrier., Frank B. Murchison Mar 1973

A Search Warrant Is Not Required Where There Is Probable Cause To Search A Chattel Consigned To A Carrier., Frank B. Murchison

St. Mary's Law Journal

Abstract Forthcoming.


Devitalization Of The Right To A Speedy Trial: The Per Case Method V. The Per Se Theory., J. Michael Myers Mar 1973

Devitalization Of The Right To A Speedy Trial: The Per Case Method V. The Per Se Theory., J. Michael Myers

St. Mary's Law Journal

Abstract Forthcoming.


Pretrial Disclosure Of Federal Grand Jury Testimony, William J. Knudsen, Jr. Feb 1973

Pretrial Disclosure Of Federal Grand Jury Testimony, William J. Knudsen, Jr.

Washington Law Review

The scope of this study is limited to what is probably the most criticized aspect of the traditional grand jury system, the restrictions on disclosure of grand jury proceedings, especially the criminal defendant's lack of access to a transcript of the testimony given before the grand jury which indicted him. Examining the history of the grand jury as it relates to the tradition of secrecy, this study discusses the philosophies underlying the practice and analyzes the impact of the Federal Rules of Criminal Procedure, federal statutes, and certain Supreme Court decisions on this tradition. This study concludes that there is …


Double Jeopardy: Mistrial Declared Without The Consent Of Defendant As A Bar To Reprosecution - Baker V. State Jan 1973

Double Jeopardy: Mistrial Declared Without The Consent Of Defendant As A Bar To Reprosecution - Baker V. State

Maryland Law Review

No abstract provided.


Constitutional Law - Privilege Against Self-Incrimination - Compulsory Production Of Taxpayer's Business Records In Third Party Possession Held Not Violative Of The Fourth And Fifth Amendments, Douglas Paul Coopersmith Jan 1973

Constitutional Law - Privilege Against Self-Incrimination - Compulsory Production Of Taxpayer's Business Records In Third Party Possession Held Not Violative Of The Fourth And Fifth Amendments, Douglas Paul Coopersmith

Villanova Law Review (1956 - )

No abstract provided.


Constitutional Law - Fourteenth Amendment Due Process - Representation By Counsel At Trial Is A Prerequisite To The Imposition Of Any Sentence Of Imprisonment Absent Valid Waiver, William J. Lehane Jan 1973

Constitutional Law - Fourteenth Amendment Due Process - Representation By Counsel At Trial Is A Prerequisite To The Imposition Of Any Sentence Of Imprisonment Absent Valid Waiver, William J. Lehane

Villanova Law Review (1956 - )

No abstract provided.


The Communication Of The Supreme Court's Criminal Procedure Decisions: A Preliminary Mapping, Stephen L. Wasby Jan 1973

The Communication Of The Supreme Court's Criminal Procedure Decisions: A Preliminary Mapping, Stephen L. Wasby

Villanova Law Review (1956 - )

No abstract provided.


Constitutional Law - Rights Of Criminal Defendants - Counsel's Presence Is Not Required At Pre-Indictment Identification Confrontations, Howell K. Rosenberg Jan 1973

Constitutional Law - Rights Of Criminal Defendants - Counsel's Presence Is Not Required At Pre-Indictment Identification Confrontations, Howell K. Rosenberg

Villanova Law Review (1956 - )

No abstract provided.


Constitutional Law - Double Jeopardy - State Prosecution Barred After Federal Prosecution For Same Offense - Burden On State To Show Substantially Different Interests From Those Of Initial Prosecuting Jurisdiction, Ronald J. Examitas Jan 1973

Constitutional Law - Double Jeopardy - State Prosecution Barred After Federal Prosecution For Same Offense - Burden On State To Show Substantially Different Interests From Those Of Initial Prosecuting Jurisdiction, Ronald J. Examitas

Villanova Law Review (1956 - )

No abstract provided.


Voir Dire In Federal Criminal Trials: Protecting The Defendant's Right To An Impartial Jury, Laura Cooper Jan 1973

Voir Dire In Federal Criminal Trials: Protecting The Defendant's Right To An Impartial Jury, Laura Cooper

Indiana Law Journal

No abstract provided.


Indigents' Dissatisfaction With Assigned Counsel, Mary Sue Lang Jan 1973

Indigents' Dissatisfaction With Assigned Counsel, Mary Sue Lang

Cleveland State Law Review

The American concept of democracy embraces the principle that the basic interests of society are endangered when the rights of an individual are diminished. The indigent's dissatisfaction with his assigned counsel is relevant only because Americans presuppose that a criminal prosecution unaccompanied by the panoply of the adversary process is a deprivation of the fundamental rights of the accused. This concept of justice obligates a government which institutes criminal prosecutions to provide representation for those unable to afford their own counsel. It further imposes a duty to assure effective counsel in order to preserve the element of challenge which is …


American Grand Jury: Investigatory And Indictment Powers, Timothy G. Kasparek Jan 1973

American Grand Jury: Investigatory And Indictment Powers, Timothy G. Kasparek

Cleveland State Law Review

As a result of the obvious discrepancies and conflicts among the three reports concerning the Kent State incident, the U.S. Department of Justice was reported to have been considering whether the convening of a federal grand jury was necessary) Additionally, Robert I. White, President of Kent State University at the time of the tragedy, the Kent State faculty and student senates, and the Kent State graduate-student council expressed a need for and re- quested the empaneling of a federal grand jury. To date, none has been convened nor has there been any indication that one will be called in the …


The Emergency Doctrine Exception To The Warrant Requirement Under The Fourth Amendment, Edward G. Mascolo Jan 1973

The Emergency Doctrine Exception To The Warrant Requirement Under The Fourth Amendment, Edward G. Mascolo

Buffalo Law Review

No abstract provided.


Constitutional Law—Due Process Requires That Limits Be Placed On Psychiatric Confinement Commensurate With The Procedural Safeguards Employed In Obtaining That Confinement., Christopher B. Ashton Jan 1973

Constitutional Law—Due Process Requires That Limits Be Placed On Psychiatric Confinement Commensurate With The Procedural Safeguards Employed In Obtaining That Confinement., Christopher B. Ashton

Buffalo Law Review

McNeil v. Director, Patuxent Institution, 407 U.S. 245 (1972).


The Second Circuit Review: Ix. Evidence: Introduction, Paul F. Rothstein Jan 1973

The Second Circuit Review: Ix. Evidence: Introduction, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

The past year's developments in the law of evidence have been characterized by a hardening attitude toward criminal defendants. The United States Supreme Court's evidentiary rulings during the term covered by the Second Circuit Review (1971-72) manifested this trend (although not uniformly). For example, police stop-and-frisk authority was broadened (and with it the use of evidence obtained therefrom); the scope of the immunity from criminal prosecution required to be granted by a governmental body before self-incriminatory statements can be compelled from a witness was narrowed; the right to have counsel at line-ups was limited to postindictment or post-charge line-ups (with …


Clearing The Path For An Entrapment Defense, Paul V. Hibberd Jan 1973

Clearing The Path For An Entrapment Defense, Paul V. Hibberd

Kentucky Law Journal

No abstract provided.


Character Evidence--The Rules Of Admissibility In Criminal Cases In Kentucky, Merle C. Clark Jan 1973

Character Evidence--The Rules Of Admissibility In Criminal Cases In Kentucky, Merle C. Clark

Kentucky Law Journal

No abstract provided.


The Effect Of Due Process On Criminal Defense Discovery, Barry Nakell Jan 1973

The Effect Of Due Process On Criminal Defense Discovery, Barry Nakell

Kentucky Law Journal

No abstract provided.


Brown V. Commonwealth: The Court Balks On Quotient Verdicts, William M. Lear Jan 1973

Brown V. Commonwealth: The Court Balks On Quotient Verdicts, William M. Lear

Kentucky Law Journal

No abstract provided.


The New Federalism In Criminal Procedure: State Court Evasion Of The Burger Court, Donald E. Wilkes Jr. Jan 1973

The New Federalism In Criminal Procedure: State Court Evasion Of The Burger Court, Donald E. Wilkes Jr.

Kentucky Law Journal

No abstract provided.