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Articles 11281 - 11310 of 12095
Full-Text Articles in Criminal Procedure
American Bar Association Section Of Antitrust Law: Jury Instructions In Criminal Antitrust Cases, Ralph M. Carson
American Bar Association Section Of Antitrust Law: Jury Instructions In Criminal Antitrust Cases, Ralph M. Carson
Michigan Law Review
A Review of Jury Instructions in Criminal Antitrust Cases by The American Bar Association Section of Antitrust Law
Lafave: Arrest: The Decision To Take A Suspect Into Custody, B. J. George Jr.
Lafave: Arrest: The Decision To Take A Suspect Into Custody, B. J. George Jr.
Michigan Law Review
A Review of The Decision To Take a Suspect Into Custody by Wayne R. LaFave
Norris: A Casebook Of Complete Criminal Trials, Otis J. Smith
Norris: A Casebook Of Complete Criminal Trials, Otis J. Smith
Michigan Law Review
A Review of A Casebook of Complete Criminal Trials by Harold Norris
Legal History In The High Court--Habeas Corpus, Dallin H. Oaks
Legal History In The High Court--Habeas Corpus, Dallin H. Oaks
Michigan Law Review
Ever since Chief Justice Marshall declared that courts could resort to the common law to determine what Congress meant by the term "habeas corpus" in a federal statute, the history of this venerable remedy has played an important role in the Supreme Court. Over the years, however, courts have moved away from using the writ of habeas corpus for its historic functions of eliciting the cause of commitment and compelling adherence to prescribed procedures in advance of trial until today it has become primarily a means by which one court of general jurisdiction exercises post-conviction review over the judgment of …
The Supreme Court And Criminal Procedure, Edward S. Northrop
The Supreme Court And Criminal Procedure, Edward S. Northrop
Maryland Law Review
No abstract provided.
A Test For Retroactivity In Criminal Cases - Schowgurow V. State
A Test For Retroactivity In Criminal Cases - Schowgurow V. State
Maryland Law Review
No abstract provided.
Some Aspects Of Ethiopian Arrest Law: The Eclectic Approach To Codification, Stanley Z. Fisher
Some Aspects Of Ethiopian Arrest Law: The Eclectic Approach To Codification, Stanley Z. Fisher
Faculty Scholarship
The Criminal Procedure Code of 1961 is one of Ethiopia's most recent codes, and one of the least "developed" in terms of published commentary and reported cases. In contrast to the "introduced" and "explained" Penal and Civil Codes, the Criminal Procedure Code has apparently been disowned by its drafters, none of whom have written a word of commentary on it. Its origins remain obscure, and at first glance it is difficult to see which, if any, "system" was its inspiration. In fact, it seems, the Code has roots in no single system, nor even in any single "family" of systems. …
In Defense Of Capital Punishment, R. Rees Kinney
In Defense Of Capital Punishment, R. Rees Kinney
Kentucky Law Journal
No abstract provided.
Constitutional Law--Criminal Procedure--Right To Effective Assistance Of Counsel, Paul F. Guthrie
Constitutional Law--Criminal Procedure--Right To Effective Assistance Of Counsel, Paul F. Guthrie
Kentucky Law Journal
No abstract provided.
Constitutional Law--Criminal Procedure--Right To Counsel On Appeal, Laura L. Murrell
Constitutional Law--Criminal Procedure--Right To Counsel On Appeal, Laura L. Murrell
Kentucky Law Journal
No abstract provided.
Involuntary Confessions And Article 35, Criminal Procedure Code, Stanley Z. Fisher
Involuntary Confessions And Article 35, Criminal Procedure Code, Stanley Z. Fisher
Faculty Scholarship
Improper methods of police interrogation are known to every country in the world. And everywhere, it is agreed that an accused's confession of guilt which has been procured through physical violence, psychological intimidation, or improper inducements or promises cannot be considered in evidence against him at trial. The primary reason why involuntary confessions are excluded from evidence is that they are unreliable indices of truth; men have been known to admit crimes of which they are innocent, simply to escape the pain of torture or to obtain an irresistible benefit.
Recent Cases
University of Richmond Law Review
This is a summary of the case law from 1966.
The Winds Of Change: Criminal Procedure In New York 1941-1965, Monrad G. Paulsen
The Winds Of Change: Criminal Procedure In New York 1941-1965, Monrad G. Paulsen
Buffalo Law Review
No abstract provided.
Criminal Procedure—Right To Assigned Counsel Now Available To Misdemeanants Tried In Special Sessions Courts, David A. Grzywna
Criminal Procedure—Right To Assigned Counsel Now Available To Misdemeanants Tried In Special Sessions Courts, David A. Grzywna
Buffalo Law Review
People v. Witenski, 15 N.Y.2d 392, 207 N.E.2d 358, 259 N.Y.S.2d 413 (1965).
Limiting Instructions In Joint Criminal Trials
Limiting Instructions In Joint Criminal Trials
Washington and Lee Law Review
No abstract provided.
Arraignment, Pre-Trial Motions, And Pleas In Virginia
Arraignment, Pre-Trial Motions, And Pleas In Virginia
Washington and Lee Law Review
No abstract provided.
Appointed Counsel In Criminal Prosecutions: A Study Of Indigent Defense, Ronald L. Carlson
Appointed Counsel In Criminal Prosecutions: A Study Of Indigent Defense, Ronald L. Carlson
Scholarly Works
Attorney Carlson surveyed Iowa for the American Bar Association's study of the defense of indigent accused persons, and in this Article the results of that study are disclosed. The author sets forth recent constitutional developments involving appointments of counsel in criminal cases, then reviews criminal procedure and practice as it relates to the indigent. Survey techniques utilized in the study are revealed, and the responses obtained from jurists, prosecutors, and defense attorneys throughout the jurisdiction are detailed. Finally, he advances recommendations to assist in meeting the challenge of justice for the poor.
Criminal Law—Constitutional Law—Search And Seizure—Admissibility Of Evidence Incident To Arrest, Anon
Criminal Law—Constitutional Law—Search And Seizure—Admissibility Of Evidence Incident To Arrest, Anon
Washington Law Review
Defendant was riding as a guest in a car when Seattle police stopped the car and arrested the driver for twice turning without signaling and for failure to produce a valid driver's license. Defendant and the other passengers in the automobile were also arrested and taken to jail. The car was impounded. A search of the car the next day, accomplished without a search warrant, disclosed two revolvers hidden under the dash. At defendant's subsequent trial on robbery charges, the revolvers were admitted in evidence despite defendant's motion to suppress and objection. The trial court ruled that, although defendant's arrest …
Constitutional Law--The Scope Of The Escobedo Rule, Lester Clay Hess Jr.
Constitutional Law--The Scope Of The Escobedo Rule, Lester Clay Hess Jr.
West Virginia Law Review
No abstract provided.
Abstracts Of Recent Cases, Ralph Judy Bean Jr.
Abstracts Of Recent Cases, Ralph Judy Bean Jr.
West Virginia Law Review
No abstract provided.
Criminal Law—Jurisdiction—Habeas Corpus—State Jurisdiction Over Constitutional Questions Pending In Federal Court, Anon
Washington Law Review
In July, 1960, petitioner Don Anthony White was convicted of murder in the first degree and sentenced to death. The Washington Supreme Court affirmed the conviction, and certiorari was denied by the United States Supreme Court. In February 1964, the Washington court denied petitioner's application for writ of habeas corpus. Petitioner then applied for writ of habeas corpus in the federal district court. This petition raised a new issue based on facts asserted to have come to the attention of petitioner's counsel subsequent to the denial of the application by the Washington court." Respondent penitentiary superintendant maintained that petitioner had …
The Psychiatrist As An Expert Witness: Some Ruminations And Speculations, Bernard L. Diamond, David W. Louisell
The Psychiatrist As An Expert Witness: Some Ruminations And Speculations, Bernard L. Diamond, David W. Louisell
Michigan Law Review
Consider the difference between the expert testimony of an orthopedic surgeon in a personal injury suit and the testimony of a psychiatrist in a murder trial in which some elements of the mens rea are at issue. In both instances an expert opinion is received in evidence, providing the trier of fact with technical, specialized information which must, or should, be available in order to permit a rational decision-making process. Well-established rules govern the nature of expert evidence and its mode of presentation. In legal theory, the orthopedic surgeon and the psychiatrist are both experts-physicians-who perform comparable functions in the …
Predicting Court Cases Quantitatively, Stuart Nagel
Predicting Court Cases Quantitatively, Stuart Nagel
Michigan Law Review
This article illustrates and systematically compares three methods for quantitatively predicting case outcomes. The three methods are correlation, regression, and discriminant analysis, all of which involve standard social science research techniques. Two prior articles have generated requests for a study dealing with the problems involved in handling a larger number of cases and predictive variables. The present article is also designed to provide such a study. It does not presuppose that the reader has read the earlier articles, although such a reading might help to clarify further some of the points made here. The cases used to illustrate the methods …
Criminal Law And Procedure -- 1964 Tennessee Survey, Graham Parker, Robert E. Kendrick
Criminal Law And Procedure -- 1964 Tennessee Survey, Graham Parker, Robert E. Kendrick
Vanderbilt Law Review
The substantive criminal law receives little attention from the Tennessee appellate courts. No doubt this observation would be equally true of most jurisdictions. To one who received his legal training in a common law system of criminal law and who yet has had some experience with Canada's federal code of criminal law, the emphasis on criminal procedure is surprising. Does this mean that the state codes of substantive law have reached such heights of perfection and expertise that the efforts of the Model Penal Code draftsmen are unnecessary or, at best, academic? It is unlikely. The position rather reflects a …
Police Interrogation: A Psychoanalytic View, Philipp Brockington
Police Interrogation: A Psychoanalytic View, Philipp Brockington
Law Faculty Publications
No abstract provided.
Criminal Procedure—Inclusion Of Briefcase In "Frisk" Does Not Create A Constitutionally Protected Search, David Brown
Criminal Procedure—Inclusion Of Briefcase In "Frisk" Does Not Create A Constitutionally Protected Search, David Brown
Buffalo Law Review
People v. Pugach, 15 N.Y.2d 65, 204 N.E.2d 176, 255 N.Y.S.2d 833 (1964).
The Defense Of Indigent Persons Accused Of Crime In Washington—A Survey, Richard B. Amandes, George Neff Stevens
The Defense Of Indigent Persons Accused Of Crime In Washington—A Survey, Richard B. Amandes, George Neff Stevens
Washington Law Review
Eight months before the decision of the United States Supreme Court in Gideon v. Wainwright the American Bar Association, in accordance with its long existing concern with the problem of indigent defendants, authorized the appointment of a special committee with associate subcommittees in each state "to study present practices and to initiate, coordinate and accelerate efforts to assure adequacy of the defense provided indigent persons accused of crime in the United States..." The work of state subcommittees was coordinated and directed by the American Bar Foundation. This article is based upon the report prepared by the Washington subcommittee, and follows …
The Juvenile Offender And Self-Incrimination, Rodger W. Pegues
The Juvenile Offender And Self-Incrimination, Rodger W. Pegues
Washington Law Review
A juvenile offender whose case has been transferred from juvenile court to criminal court may be confronted with incriminating statements which he made during the course of the juvenile proceedings. The admissibility in a criminal prosecution of confessions and admissions made by a juvenile to police, probation officers, juvenile court judges, or other juvenile authorities involves important issues of public policy and constitutional law. The problem typically arises when a youth of sixteen or seventeen commits an act which, were he an adult, would be characterized as a crime. The youth has a history of several juvenile offenses. He is …
The Right To Counsel And The Indigent Accused In Courts Of Criminal Jurisdiction In New York State, Paul Ivan Birzon, Robert Kasanof, Joseph Forma
The Right To Counsel And The Indigent Accused In Courts Of Criminal Jurisdiction In New York State, Paul Ivan Birzon, Robert Kasanof, Joseph Forma
Buffalo Law Review
No abstract provided.
Criminal Procedure—Court Of Appeals Adopts New Procedure For Determining Voluntariness Of Confessions, Robert W. Keller
Criminal Procedure—Court Of Appeals Adopts New Procedure For Determining Voluntariness Of Confessions, Robert W. Keller
Buffalo Law Review
People v. Huntley, 15 N.Y.2d 72, 204 N.E.2d 179, 255 N.Y.S.2d 838(1965).