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Articles 11221 - 11250 of 12094
Full-Text Articles in Criminal Procedure
Due Process In Extra-Judicial Identifications
Due Process In Extra-Judicial Identifications
Washington and Lee Law Review
No abstract provided.
The Court And The Criminal, Robert J. Steamer
The Court And The Criminal, Robert J. Steamer
William & Mary Law Review
No abstract provided.
The Disclosure To Defense Of Presentence Reports In West Virginia, Willard D. Lorensen
The Disclosure To Defense Of Presentence Reports In West Virginia, Willard D. Lorensen
West Virginia Law Review
No abstract provided.
Enforcement Of The Common Law Rules Of Arrest: A Handcuffing Of Police?, Douglas D. Mcbroom
Enforcement Of The Common Law Rules Of Arrest: A Handcuffing Of Police?, Douglas D. Mcbroom
Duquesne Law Review
"In the streets, the only law is that at the end of the policeman's nightstick." The degree of truth in this statement has long been a subject of concern among civil libertarians. Nevertheless, police agencies were for many years left to their own devices in meeting the essential problem of keeping order on the streets; only a small portion of their actions were subject to judicial review.
Criminal Procedure—Miranda: The Application Of The Fifth Amendment Right Against Self-Incrimination To Confessions—A Change In Approach., Gary M. Cohen
Buffalo Law Review
Miranda v. Arizona (consolidated in a single opinion with three companion cases, Vignera v. New York, Westover v. United States and California v. Stewart), 384 U.S. 436 (1966).
Family Law—Application Of The Rules Against Search And Seizure To Juvenile Delinquency Proceedings, Alan Eber
Family Law—Application Of The Rules Against Search And Seizure To Juvenile Delinquency Proceedings, Alan Eber
Buffalo Law Review
Matter of Williams, 49 Misc. 2d 154, 267 N.Y.S.2d 91 (Ulster County Family Ct. 1966).
Grounds For Relief Under 28 U.S.C. § 2255: A Suggested Standard, Patrick L. Baude
Grounds For Relief Under 28 U.S.C. § 2255: A Suggested Standard, Patrick L. Baude
Articles by Maurer Faculty
No abstract provided.
Recent Developments, Various Editors
Recent Developments, Various Editors
Villanova Law Review (1956 - )
No abstract provided.
In Re Gault: Understanding The Attorney's New Role, Glenn C. Equi, James D. Hutchinson, Barney B. Welsh
In Re Gault: Understanding The Attorney's New Role, Glenn C. Equi, James D. Hutchinson, Barney B. Welsh
Villanova Law Review (1956 - )
No abstract provided.
Law Enforcement States Its Views, John Edgar Hoover
Law Enforcement States Its Views, John Edgar Hoover
Villanova Law Review (1956 - )
No abstract provided.
Capacity To Stand Trial: The Amnesic Criminal Defendant - Commonwealth Ex Rel. - Cummins V. Price1 State V. Mcclendon
Maryland Law Review
No abstract provided.
Psychiatric Testimony And The Doctrine Of Diminished Responsibility - State V. Sikora
Psychiatric Testimony And The Doctrine Of Diminished Responsibility - State V. Sikora
Maryland Law Review
No abstract provided.
United States V. Tempia: The Questionable Application Of Miranda To The Military, James F. Falco
United States V. Tempia: The Questionable Application Of Miranda To The Military, James F. Falco
Villanova Law Review (1956 - )
No abstract provided.
Film Censorship: The American And British Experience, Robert J. Klein
Film Censorship: The American And British Experience, Robert J. Klein
Villanova Law Review (1956 - )
No abstract provided.
The Citizen On Trial: The New Confession Rules, Yale Kamisar
The Citizen On Trial: The New Confession Rules, Yale Kamisar
Articles
Commenting on why it has taken the United States so long to apply "the privilege against self-incrimination and the right to counsel to the proceedings in the stationhouse as well as to those in the courtroom" - as the Supreme Court did in Miranda v. Arizona - this author notes that, "To a large extent this is so because here, as elsewhere, there has been a wide gap between the principles to which we aspire and the practices we actually employ."
Book Review, Lawrence J. Rich
Book Review, Lawrence J. Rich
Cleveland State Law Review
Reviewing Richard J. Medalie, From Escobedo to Miranda: The Anatomy of a Supreme Court Decision, Lerner Law Book Co., Inc., 1966
Legal Aspects Of Police Radar, William K. Mccarter
Legal Aspects Of Police Radar, William K. Mccarter
Cleveland State Law Review
As a vehicle approaches the radar unit, it enters its operating zone or "zone of influence." The length and width of the zone depends on such factors as the strength of the signal and the transmittor height above the ground. The unit will record the speed of only one vehicle at a time, determined by the vehicle presenting the best target by reason of reflecting surface, position, or speed. Based on this, many courts have pointed out possible defenses to proof of speed by radar. One court has stated in its opinion there are many more defenses that can be …
Contemporary Winds And Currents In Criminal Law, With Special Reference To Constitutional Criminal Procedure: A Defense And Appreciation, Sanford Jay Rosen
Contemporary Winds And Currents In Criminal Law, With Special Reference To Constitutional Criminal Procedure: A Defense And Appreciation, Sanford Jay Rosen
Maryland Law Review
No abstract provided.
A Federal Verdict Of Not Guilty By Reason Of Insanity And A Subsequent Commitment Procedure, Joseph D. Tydings
A Federal Verdict Of Not Guilty By Reason Of Insanity And A Subsequent Commitment Procedure, Joseph D. Tydings
Maryland Law Review
No abstract provided.
Criminal Procedure—Double Jeopardy—Retrial For Greater Degree Of Offense Charged After Reversal Of Conviction For Lesser Degree Of Same Offense Constitutes Double Jeopardy, Jeffrey Sellers
Buffalo Law Review
People v. Ressler, 17 N.Y.2d 174, 216 N.E.2d 582, 269 N.Y.S.2d 414 (1966).
Newman: Conviction: The Determination Of Guilt Or Innocence Without Trial, B. J. George Jr.
Newman: Conviction: The Determination Of Guilt Or Innocence Without Trial, B. J. George Jr.
Michigan Law Review
A Review of Conviction: The Determination of Guilt or Innocence Without Trial by Donald J. Newman
Criminal Law-Confessions-Admission Of Illegally Obtained Confession In State Criminal Prosecution Is Harmless Error Not Requiring Reversal Of Conviction--People V. Jacobson, Michigan Law Review
Criminal Law-Confessions-Admission Of Illegally Obtained Confession In State Criminal Prosecution Is Harmless Error Not Requiring Reversal Of Conviction--People V. Jacobson, Michigan Law Review
Michigan Law Review
Defendant voluntarily admitted that he had murdered his daughter to a social worker, two ambulance attendants, and three police officers sent to investigate the incident. He continued to declare his guilt to these officers after his arrest, on the way to the police station, and at the police station where he was interrogated without the benefit of counsel although he had not waived his right to counsel. All of the confessions-approximately ten-were admitted in evidence at the defendant's trial over his objection that the two confessions obtained during the interrogation should have been excluded since he had been denied his …
Police Policy Formulation: A Proposal For Improving Police Performance, Herman Goldstein
Police Policy Formulation: A Proposal For Improving Police Performance, Herman Goldstein
Michigan Law Review
The police function in this country is much more varied and much more complex than is generally recognized. This is particularly true today in the congested areas of large urban centers· where the demand for police services is especially great and where the police are confronted with an increasing variety of difficult situations, many of which stem from dissatisfaction with the economic and social conditions existing in such areas. As law enforcement has become more difficult, it has, for the same reasons, taken on new importance as a function of local government.
Police Interrogation And The Supreme Court--The Latest Round, Jerold H. Israel
Police Interrogation And The Supreme Court--The Latest Round, Jerold H. Israel
Book Chapters
My first task is to explain to some degree the nature of the problem embodied in our title. This book has been designated as "Escobedo-The Second Round." What we will be discussing is a series of cases, decided in June, 1966, the most noteworthy of which is Miranda v. Arizona [384 U.S. 436 (1966)]. In these cases, the United States Supreme Court prescribed a new set of standards governing the introduction in evidence of statements obtained from the defendant through police interrogation. Actually, to a degree these standards were not entirely new. They had been suggested, at least in part, …
Review Of H.L.A. Hart, The Morality Of The Criminal Law, Oxford University Press (1965), Stanley Z. Fisher
Review Of H.L.A. Hart, The Morality Of The Criminal Law, Oxford University Press (1965), Stanley Z. Fisher
Faculty Scholarship
This slim volume contains the text of two lectures given by Professor Hart at the Hebrew University of Jerusalem in 1964. The first lecture, "Changing Conceptions of Responsibility," expresses concern at the turn in which the "liberal" criminal law reform movement in England has taken in connection with the law of criminal responsibility. Professor Hart takes issue with the stand of a leading reformer, Lady Wootton, who advocates abolition of the mens rea prerequisite to penal liability. In her view, the mental state of a harm-doer is relevant not to determining his penal liability (conviction), but only to the decision …
Habeas Corpus--Custody And Release From Custody Requirements Of Habeas Corpus--Viability Of Mcnally V. Hill In The Moden Context, Michigan Law Review
Habeas Corpus--Custody And Release From Custody Requirements Of Habeas Corpus--Viability Of Mcnally V. Hill In The Moden Context, Michigan Law Review
Michigan Law Review
Section 2241 of Title 28 of the United States Code requires that a petitioner for a writ of habeas corpus be "in custody." As a corollary of the "custody" requirement, the common law tradition required that the effect of the writ must be the petitioner's "release from custody.'' Because the United States Constitution and the federal habeas corpus statutes guarantee the availability of the writ in general terms, it is to the common law that the courts have consistently turned for the definition of these terms and for the restrictive effect of these requirements on the availability of the writ …
Comparative Study Of Certain Due Process Requirements Of The European Human Rights Convention, Thomas Buergenthal
Comparative Study Of Certain Due Process Requirements Of The European Human Rights Convention, Thomas Buergenthal
Buffalo Law Review
No abstract provided.
Some Observations On The Origin And Structure Of Evidence Rules Under The Common Law System And The Civil Law System Of "Free Proof" In The German Code Of Criminal Procedure, Karl H. Kunert
Buffalo Law Review
No abstract provided.
Book Review Of Cases And Readings In Criminal Law And Procedure, Michael Katz
Book Review Of Cases And Readings In Criminal Law And Procedure, Michael Katz
Journal of Legal Education
No abstract provided.
Constitutionality Of Conviction Under Narcotics Possession Statute, Anon
Constitutionality Of Conviction Under Narcotics Possession Statute, Anon
Washington Law Review
Defendant was convicted of the felony of possession of a narcotic without a prescription, and was sentenced to serve a maximum term of twenty years. Defendant claimed that, on the same facts, the prosecutor could have charged the defendant with the gross misdemeanor of illegal use of narcotic drugs. Defendant argued that this vests discretion in the prosecutor to charge either a felony or a gross misdemeanor, and that this discretion is violative of the equal protection clauses of the Washington and United States constitutions. On appeal, the Washington Supreme Court affirmed the conviction. Held: The gross misdemeanor of illegal …