Criminal Procedure Commons^™

Prisoners' Rights - A Prosecutor's View, James D. Crawford

Villanova Law Review (1956 - )

No abstract provided.

The Expansion Of Prisoners' Rights, Victor Rabinowitz

Villanova Law Review (1956 - )

No abstract provided.

The Correctional Institution As A Rehabilitation Center - A Former Inmate's View, Victor Taylor

Villanova Law Review (1956 - )

No abstract provided.

Chamber V. Maroney: New Dimensions In The Law Of Search And Seizure, Stephen H. Paul

Indiana Law Journal

No abstract provided.

Preventive Detention During Riots, Jerold H. Israel

Book Chapters

Various studies of the administration of justice during riots establish that persons arrested during riots generally have been detained for substantially longer periods than persons arrested during nonriot situations. This "extra" period of pretrial detention has been the product of quite different practices in different cities, and these practices have been based on several different administrative policies including, but not limited to, preventive detention.

In several cities, extra-lengthy detention resulted from a general judicial policy of setting extraordinarily high bail for the duration of the riot. A prime example was Detroit, where 70% of the bail initially set was in …

Book Review, Walter Greenwood

Cleveland State Law Review

This entry reviews Law Without Order: Capital Punishment and the Liberals by Bernard Lande Cohen. The book's scope encompasses criminal law in both the United States and Canada. Cohen argues that the excessive liberalism that followed the elimination of capital punishment has caused murder rates and other crimes to increase.

The Role Of Abandonment In The Law Of Search And Seizure: An Application Of Misdirected Emphasis, Edward G. Mascolo

Buffalo Law Review

No abstract provided.

The Theory Of Criminal Negligence: A Comparative Analysis, George P. Fletcher

Faculty Scholarship

Negligence is a problematic ground for criminal liability. Every major Western legal system punishes negligent as well as intentional violations of protected interests; but theorists both here and abroad feel uneasy about the practice Negligent motoring and negligent manufacturing significantly threaten the public interest; yet Western judges seem more comfortable punishing counterfeiters and prostitutes than imposing sanctions against those who inadvertently take unreasonable risks. Negligence appears indeed to be an inferior, almost aberrant ground for criminal liability. Every interest protected by the criminal law is protected against intentional violations; but only a few-life, bodily integrity, and sometimes property-are secured against …

Prison Reform In The Future - The Trend Toward Expansion Of Prisoners' Rights, Monrad G. Paulsen

Villanova Law Review (1956 - )

No abstract provided.

Warrantless Searches And Seizures, Mack Allen Player

Scholarly Works

The fourth amendment to the Constitution has two basic clauses. The first, the reasonableness clause, protects the people against unreasonable searches and seizures. The second, the warrant clause, sets forth conditions under which a warrant may issue. Searches and seizures made pursuant to a warrant are, quite obviously, governed by the commands of the warrant clause. However, the effect of the warrant clause upon searches and seizures made without warrants is not clear from the amendment itself, and the Supreme Court has failed to develop a consistent interpretation of the proper role of that clause.

Codification, Reform, And Revision: The Challenge Of A Modern Federal Criminal Code, John L. Mcclellan

Journal Articles

The four chief factors influencing the quality of American justice were identified by Dean Roscoe Pound as personnel, administration, procedure, and the substantive law. It is certain that better judges, prosecutors, and enforcement officers, better organization of courts, better administrative methods, and more adequate administrative personnel must come first in any effective program for the improvement of our nation's system of criminal justice. At the same time, the men who staff that system will be guided by an authoritatively prescribed criminal procedure, and they will be giving effect to an authoritatively prescribed criminal law. An archaic code of procedure and …

In Forma Pauperis Relief- An Endless Road?

University of Richmond Law Review

At early common law, a pauper seeking judicial relief prayed to the English Justices in Eyre for a cost-free deliverance. Today, the prayer is the same but the deliverance is provided through in forma pauperis statutes.

Sentencing: The Use Of Psychiatric Information And Presentence Reports, Rutheford B. Campbell Jr.

Kentucky Law Journal

No abstract provided.

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

Faculty Scholarship

No abstract provided.

The Jury System And Special Verdicts., Judge Ernest Guinn

St. Mary's Law Journal

A jury is entitled to know what it is doing by its verdict. As such, it is satisfying in charging a jury to explain fully and completely the legal principles involved in a case, the rights and duties of the parties, and the facts that the jury must deduct from the evidence presented to reach a verdict. Those who hold contrary views do not trust jurors, and in fact, do not trust the jury system. The views of professors, lawyers, and judges on this question and the reasoning for and against a full disclosure of the case to a jury …

Texas Code Of Criminal Procedure Requires That Grand Jury Commissioner Be A Freeholder., Robert A. Shivers

St. Mary's Law Journal

Abstract Forthcoming.

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 …

Criminal Procedure—Re-Arrest Of Parolees: Washington Legislative Standards And Constitutional Considerations—Ch. 98, Wash. Laws Of 1968, Anon

Washington Law Review

During its 1969 Regular Session the Washington Legislature enacted legislation governing parole revocation hearings and re-enacted existing provisions concerning the arrest and initial detention of suspected parole violators. The re-enacted portion of the statute provides that any parole or probation officer may arrest a parolee without a warrant when he has "reason to believe" that a convicted person has violated any state statute or a condition of his parole. The prisoner is not to be released until the board acts to reinstate his parole status

Opinions—Criminal Procedure—Misdemeanant's Right To Counsel: Legislative Inaction Resolves Constitutional Doubts?—Hendrix V. Seattle, 76 Wn. 2d 142, 456 P.2d 696 (1969), Anon

Washington Law Review

Since Gideon v. Wainwright was decided, a major question has been: to what crimes does the indligent's constitutional right to trial counsel at public expense extend? The Washington and Oregon Supreme Courts recently considered the question and reached conflicting results.

Juvenile Courts - Proper Quantum Of Proof In Juvenile Hearings. In Re Samuel Winship, 90 S. Ct. 1068 (1970), Dennis L. Beck

William & Mary Law Review

No abstract provided.

Criminal Law--Right To Counsel At Revocation Of Probation, Steven C. Hanley

West Virginia Law Review

No abstract provided.

Criminal Procedure—Search And Seizure—Electronic Eavesdropping—Abortion: Recording Of Voluntary Conversation Between Police Agent And Defendant Admissible In Evidence.—State V. Wright, 74 Wn. 2d 355, 444 P.2d 867 (1968), Anon

Washington Law Review

Informed that defendant had committed an abortion in his home, the police hired a female agent who made arrangements with the defendant by telephonic conversations, which were monitored and recorded. The agent, equipped with a hidden transmitter, kept her appointment and transmitted defendant's explanation of the abortion to the police, who again monitored and recorded the conversation. That evening she returned to defendant's home and paid the fee, and, as defendant prepared her for the operation, sent the conversation to monitoring police, who recorded it. All monitoring was done without prior court order. Just before the operation was to occur, …

Criminal Procedure—Lineups—Right To Counsel: "Independence" Of In-Court Identification Of Criminal Defendant From Previous Lineup Identification Inadmissible Due To Absence Of Counsel.—State V. Redmond, 75 Wash. Dec. 2d 64, 448 P.2d 938 (1968, Anon

Washington Law Review

Virginia Rohn, alone in her beverage store, was robbed by an unmasked man who remained in the store for approximately five minutes. At a police lineup, five days later, she identified defendant as the robber. Defendant's counsel filed a pre-trial motion to suppress the lineup identification because defendant had not been afforded prior opportunity to contact counsel and counsel had not been present at the lineup. After a preliminary hearing, the trial judge suppressed the lineup identification but ruled that Virginia Rohn was not legally precluded from making an in-court identification. Upon conviction, defendant appealed assigning error to the admission …

Statutory Presumption Of Illegal Importation Of Cocaine Is Unconstitutional., Ricardo D. Palacios

St. Mary's Law Journal

Abstract Forthcoming.

Informing A Jury Of The Legal Effect Of Its Answers., James G. Denton

St. Mary's Law Journal

Limiting jury consideration to facts, as opposed to the outcome, best serves special issue systems. The purpose of the special issues system is to ensure juries answer the presented questions without bias or prejudice. Though several writers have persuasively advocated for advising juries of the consequences of their findings, doing so seems to undermine the purpose of special issue systems because it allows for juries to answer questions with reference to their desired outcome. To ensure juries answer issues on the facts alone, trial judges should not give a jury, directly or indirectly, any information that may apprise them of …

Federal Habeas Corpus, Kevin M. Clermont

Cornell Law Faculty Publications

No abstract provided.

Criminal Procedure - Plea Bargaining, Stanley M. Stein

Duquesne Law Review

The Supreme Court of Pennsylvania has held that any participation by a trial judge in the plea bargaining process prior to trial is forbidden.

Commonwealth v. Evans, 434 Pa. 52, 252 A.2d 689 (1969).

Criminal Procedure - Right To Counsel - Indentification Evidence, Marcia I. Lappas

Duquesne Law Review

The Court of Appeals for the Third Circuit, by extending the rule of United States v. Wade, has held that an accused who is in custody has a right to counsel at pre-trial photographic identifications; that evidence of such out-of-court identifications conducted in the absence of the accused's counsel is not admissible at trial; and that the eyewitnesses in question are not competent to make in-court identifications.

United States v. Zeiler, 427 F.2d 1305 (3d Cir. 1970).

Over a period of more than five years, the Pittsburgh area was the victim of a series of bank robberies, all …

Assistance In Addition To Counsel For Indigent Defendants: The Need For, The Lack Of, The Right To, Dennis W. Alexander

Villanova Law Review (1956 - )

No abstract provided.

Toward Effective Criminal Discovery: A Proposed Revision Of Federal Rule 16, Alan M. Lieberman

Villanova Law Review (1956 - )

No abstract provided.