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Articles 11071 - 11100 of 12092

Full-Text Articles in Criminal Procedure

Juveniles And Their Right To A Jury Trial, Timothy E. Foley Jan 1970

Juveniles And Their Right To A Jury Trial, Timothy E. Foley

Villanova Law Review (1956 - )

No abstract provided.

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Decision Trees, Peter L. Strauss, Michael R. Topping Jan 1970

Decision Trees, Peter L. Strauss, Michael R. Topping

Faculty Scholarship

The object of this paper is to inform those concerned with the administration of justice in Ethiopia – particularly, criminal justice – about a new and simple procedure which may assist in procuring uniform interpretation and application of laws and regulations. The problem of uniform interpretation and application is particularly severe where, as in Ethiopia, new laws must be interpreted and applied by persons who have not yet had the opportunity of formal legal education. For these persons the discovery of the relevant code articles and the understanding of their interrelationships and application must be very difficult indeed. One possible …

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Some Observations On Waiver In Indiana Criminal Appeals: The Substantial Re-Adoption Of Rule 1-14b In Trial Rule 59, Francis X. Mccloskey Jan 1970

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.

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The New Local Criminal Rules For The Northern District Of Illinois, Terence F. Maccarthy, Kevin M. Forde Jan 1970

The New Local Criminal Rules For The Northern District Of Illinois, Terence F. Maccarthy, Kevin M. Forde

Loyola University Chicago Law Journal

No abstract provided.

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The Standard Of Proof In Juvenile Proceedings: Gault Beyond A Reasonable Doubt, James Hillson Cohen Jan 1970

The Standard Of Proof In Juvenile Proceedings: Gault Beyond A Reasonable Doubt, James Hillson Cohen

Michigan Law Review

Some of those who have studied the question of the appropriate standard of proof in juvenile proceedings have determined that the "preponderance of the evidence" standard-the standard applied in civil cases-is sufficient, and that the criminal standard should not be applied in such cases. Others have suggested that the standard-of proof question is unimportant since the particular standard which is required will seldom, if ever, make a difference to the outcome of a case. The first of these views is the subject to which the bulk of this Article is addressed; the second can be rebutted by the observation that …

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American Bar Association Project On Minimum Standards For Criminal Justice: Standards Relating To Trial By Jury (Approved Draft), Melvin M. Belli Jan 1970

American Bar Association Project On Minimum Standards For Criminal Justice: Standards Relating To Trial By Jury (Approved Draft), Melvin M. Belli

Michigan Law Review

A Review of American Bar Association Project on Minimum Standards for Criminal Justice: Standards Relating to Trial by Jury (Approved Draft). Recommended by the Advisory Committee on the Criminal Trial

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Criminal Restitution: A Survey Of Its Past History And An Analysis Of Its Present Usefulness, Richard E. Laster Jan 1970

Criminal Restitution: A Survey Of Its Past History And An Analysis Of Its Present Usefulness, Richard E. Laster

University of Richmond Law Review

In the complex structure often inappropriately designated the system of criminal justice,a there are few visible signs of consideration for the party who suffers most from criminal activity-the victim. Yet, historically, this was not always the situation, nor is it necessarily true today in countries other than the United States. Even in the United States compensation plans for victims of crime have been passed by a few state legislatures, and most state statutes on probation allow restitution by the criminal to his victim as a condition thereof. In addition, at the less visible levels of the criminal legal process, restitution …

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Criminal Procedure For Juvenile Offenders In Ethiopia, Stanley Z. Fisher Jan 1970

Criminal Procedure For Juvenile Offenders In Ethiopia, Stanley Z. Fisher

Faculty Scholarship

The purpose of this article is to set out, in summary fashion, the law concerning juvenile offenders in Ethiopia. Our focus will be on procedural rather than substantive aspects-insofar as it is possible to separate the two-and particularly upon the enforcement of constitutional guarantees in the process.

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A Model Of Criminal Process: Game Theory And Law, Robert L. Birmingham Jan 1970

A Model Of Criminal Process: Game Theory And Law, Robert L. Birmingham

Articles by Maurer Faculty

No abstract provided.

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The Quest For Balance In Bail: The New South Wales Experience, R.P. Roulston Jan 1970

The Quest For Balance In Bail: The New South Wales Experience, R.P. Roulston

University of Richmond Law Review

The right to bail is as old as the law of England itself and it is, as Lord Devlin has remarked, "indeed curious that fundamental questions concerning it have never been settled. The system so far has worked satisfactorily without providing any occasion for their resolution."

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Recent Legislation Jan 1970

Recent Legislation

University of Richmond Law Review

This is a list of the recent legislation from 1970.

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Foreword: Waiver Of Constitutional Rights: Disquiet In The Citadel, Michael E. Tigar Jan 1970

Foreword: Waiver Of Constitutional Rights: Disquiet In The Citadel, Michael E. Tigar

Faculty Scholarship

Foreword to Harvard Law Review review of Supreme Court 1969 Term

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The Machinery Of Criminal Justice In England And The United States, William Burns Lawless Jan 1970

The Machinery Of Criminal Justice In England And The United States, William Burns Lawless

Journal Articles

This article will lay side by side the major structures of the English and American criminal law procedures and will attempt to draw some conclusions helpful to strengthening American technique. Such a comparison is relevant at this time because of the mounting concern of the American people with the problem of crime and the particular feeling that, in some mysterious way, our courts or the men who man them have not properly responded to the cruel waves of lawlessness which engulf us. In other quarters, there is a feeling that the police are either inept or inadequate to the challenge …

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Constitutional Law--Double Jeopardy--Prosecutions By Both A City And A State For An Identical Offense As A Violation Of The Prohibition Against Double Jeopardy--Waller V. State, Michigan Law Review Dec 1969

Constitutional Law--Double Jeopardy--Prosecutions By Both A City And A State For An Identical Offense As A Violation Of The Prohibition Against Double Jeopardy--Waller V. State, Michigan Law Review

Michigan Law Review

In Benton v. Maryland, decided in June of this year, the Supreme Court explicitly extended fifth amendment protection against double jeopardy to the states through the fourteenth amendment. Palko was specifically overruled to the extent that it was inconsistent with the Benton decision. Thus, the theories traditionally used to defend prosecutions by both a city and a state for the same offense must be examined to determine whether they are still valid when the fifth amendment's prohibition against double jeopardy is applied to state proceedings. This Recent Development examines the implications of the Benton decision for those theories.

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Supreme Court Of Texas Is Without Jurisdiction To Grant A Writ Of Mandamus To Direct A District Judge To Dismiss An Indictment In A Criminal Case On The Ground That Relator Was Denied A Speedy Trial., John A. Pizzitola Dec 1969

Supreme Court Of Texas Is Without Jurisdiction To Grant A Writ Of Mandamus To Direct A District Judge To Dismiss An Indictment In A Criminal Case On The Ground That Relator Was Denied A Speedy Trial., John A. Pizzitola

St. Mary's Law Journal

Abstract Forthcoming.

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Preventive Detention And The Proposed Amendment To The Bail Reform Act Of 1966, Haldane Robert Mayer Dec 1969

Preventive Detention And The Proposed Amendment To The Bail Reform Act Of 1966, Haldane Robert Mayer

William & Mary Law Review

No abstract provided.

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The Virginia Procedure For Commitment And Release Of Persons Acquitted By Reason Of Insanity, Donald E. Scearce Oct 1969

The Virginia Procedure For Commitment And Release Of Persons Acquitted By Reason Of Insanity, Donald E. Scearce

William & Mary Law Review

No abstract provided.

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Book Review Of Comparative Constitutional Process, William F. Swindler Oct 1969

Book Review Of Comparative Constitutional Process, William F. Swindler

William & Mary Law Review

No abstract provided.

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Wright: Federal Practice And Procedure, Criminal Procedure, J. Edward Lumbard, George W. Shadoan Jun 1969

Wright: Federal Practice And Procedure, Criminal Procedure, J. Edward Lumbard, George W. Shadoan

Michigan Law Review

Reviews of 3 Vols. By Charles Alan Wright

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The Congressional Invitation To Avoid The Preliminary Hearing: An Analysis Of Section 303 Of The Federal Magistrates Act Of 1968, Patricia W. Weinberg, Robert L. Weinberg May 1969

The Congressional Invitation To Avoid The Preliminary Hearing: An Analysis Of Section 303 Of The Federal Magistrates Act Of 1968, Patricia W. Weinberg, Robert L. Weinberg

Michigan Law Review

Under prior law, it is true, many federal prosecutors routinely avoided preliminary hearings by securing continuances of the hearing date until after an indictment was obtained. But this ploy required a complaisant magistrate or an inert defendant. Moreover, the propriety of using continuances to circumvent the accused's right to a preliminary hearing had come under increasing and sometimes successful attack. Section 303, if literally construed, can legitimize the prosecutorial practice of mooting the defendant's right to a preliminary hearing under rule 5(c) by obtaining a relatively quick indictment. This predictable use or abuse of the Act should and can be …

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Reimbursement Of Defense Costs As A Condition Of Probation For Indigents, Michigan Law Review May 1969

Reimbursement Of Defense Costs As A Condition Of Probation For Indigents, Michigan Law Review

Michigan Law Review

It is extremely difficult to obtain precise information concerning the prevalence of this practice. There is only one reported case on the subject, and empirical evidence is almost wholly lacking because of the wide discretion granted sentencing courts in imposing probation conditions, and because of the reluctance of appellate courts to review the exercise of that discretion. However, courts have frequently imposed costs on nonindigent probationers, and in many jurisdictions the statutes which authorize such a probation condition with respect to solvent probationers seem broad enough to include indigents as well. Moreover, two recent studies have unearthed specific data which …

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Due Process Considerations In Police Showup Practices, Gordon G. Young Apr 1969

Due Process Considerations In Police Showup Practices, Gordon G. Young

Faculty Scholarship

No abstract provided.

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Constitutional Law—Right To Counsel—Alleged Parole Violator Has Right To Counsel At A Parole Revocation Hearing, S. D. Hester Apr 1969

Constitutional Law—Right To Counsel—Alleged Parole Violator Has Right To Counsel At A Parole Revocation Hearing, S. D. Hester

Buffalo Law Review

People ex rel. Combs v. La Vallee, 29 A.D. 2d 128, 286 N.Y.S.2d 600 (4th Dept. 1968), appeal dismissed, 22 N.Y.2d 857, 293 N.Y.S.2d 117 (1968).

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The Limits Of The Criminal Sanction, By Herbert L. Packer, Roger B. Dworkin Apr 1969

The Limits Of The Criminal Sanction, By Herbert L. Packer, Roger B. Dworkin

Indiana Law Journal

No abstract provided.

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The Confusion Of Confinement Syndrome Extended: The Treatment Of Mentally Ill Non-Criminal Criminals In New York, Grant H. Morris Apr 1969

The Confusion Of Confinement Syndrome Extended: The Treatment Of Mentally Ill Non-Criminal Criminals In New York, Grant H. Morris

Buffalo Law Review

No abstract provided.

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Imprisonment For Nonpayment Of Fines And Costs: A New Look At The Law And The Constitution, Paul M. Stein Apr 1969

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 …

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Change Of Venue In Criminal Cases: Mandamus To Review A Pretrial Order Mar 1969

Change Of Venue In Criminal Cases: Mandamus To Review A Pretrial Order

Washington and Lee Law Review

No abstract provided.

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Habeas Corpus Proceedings In The Supreme Court Of Texas., Joe Greenhill, Martin D. Beirne Jr. Mar 1969

Habeas Corpus Proceedings In The Supreme Court Of Texas., Joe Greenhill, Martin D. Beirne Jr.

St. Mary's Law Journal

Writs of habeas corpus, anchored both in the common law and Constitution of Texas, are vitally important to secure the freedom of those wrongfully imprisoned. However, minimal literature on the subject exists to assist attorneys who must prepare and present an application for writ of habeas corpus to the Supreme Court of Texas. To address the gap in literature, this article lays out the process attorneys should follow when filing a writ of habeas corpus. The most important items which should be brought before the Court are: (1) a motion for leave to file the application; (2) the application for …

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Due Process And The Juvenile Offender., Carlos Cadena Mar 1969

Due Process And The Juvenile Offender., Carlos Cadena

St. Mary's Law Journal

For over sixty years, courts consistently found notions of due process inapplicable in juvenile proceedings. The goal of the juvenile court movement was to establish systems of education and protection of errant children, rather than deterrence and retribution. To accomplish these results, the juvenile court was shorn of all resemblance to criminal courts. Public hearings were to be avoided and the intervention of counsel was not required, since the juvenile judge represented both the child and the state. However, it became clear that children were receiving the protection of the state because they engaged in criminal conduct and with little …

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A History Of Criminal Procedures As Related To Mental Disorders, Ralph Slovenko Feb 1969

A History Of Criminal Procedures As Related To Mental Disorders, Ralph Slovenko

West Virginia Law Review

No abstract provided.

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