Criminal Procedure Commons^™

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).

Compulsory Husband-Wife Testimony In Criminal Cases

Washington and Lee Law Review

No abstract provided.

Constitutional Right To Jury Trial In Criminal Contempt Cases?-United States V. Barnett, Michigan Law Review

Michigan Law Review

Federal courts historically have had the power to try criminal contempt cases without a jury. There is a virtually uninterrupted 150-year line of cases which holds that contempt is not a "Crime" or "criminal prosecution" within the meaning of article III and the sixth amendment to the Constitution. Superficially, the decision in United States v. Barnett is in accord with these precedents. However, in an important "dictum," footnote number 12, the majority cautioned that "punishment by summary trial without a jury would be constitutionally limited to that penalty provided for petty offenses." Although the Court itself styles this comment a …

The Motion To Strike Out The Evidence In Virginia, J. Brendel

William & Mary Law Review

No abstract provided.

Criminal Procedure - Indictments - Due Process - Former Acquittal, F. Regan Nerone

Duquesne Law Review

A defendant, once acquitted of murder, may be retried under a manslaughter indictment and convicted of manslaughter, although the evidence presented proved the crime of murder but not that of manslaughter.

Commonwealth v. Frazier, 420 Pa. 209, 216 A.2d 337 (1966).

Title 28, Section 2255 Of The United States Code: Motion To Vacate, Set Aside Or Correct Sentence: Effective Or Ineffective Aid To A Federal Prisoner?, George P. Smith Ii

Scholarly Articles

This article places in historical perspective the enactment and administration by the federal courts of Section 2255 of the Judicial Code and concludes a prisoner’s basic right to attack, collaterally, a conviction is largely unimpaired by this legislation. Section 2255 was enacted not with the idea of enlarging the class of remedies already available to attack a conviction, but rather to provide that a proper attack upon an original conviction be made in the sentencing court and not in some other court through use of the writ of habeas corpus. Resort to habeas corpus is thus allowed only when the …

Nonresidents And Jurisdiction: A Modern Dilemma In Civil And Criminal Procedure, Malcolm J. Gross, Robert M. Schwartz

Villanova Law Review (1956 - )

No abstract provided.

The Plea Of Nolo Contendere, Thomas C. Hayden Jr.

Maryland Law Review

No abstract provided.

Federal Procedure: Proposed Solutions To The Problem Of Proliferation Of Petitions For The Writ Of Habeas Corpus And 28 U.S.C. 2255 Proceedings In The Federal Courts, David Pitkin, Ray Shollenbarger

San Diego Law Review

The Writ of Habeas Corpus is a limit on arbitrary government. The proliferation of this writ has created a problem in the federal courts. The proliferation problem is due to the application of the Bill of Rights to the states through the Fourteenth Amendment, the changes in procedural rules involving hearing habeas petitions, and the fact that the doctrine of res judicata does not apply to habeas proceedings. Two U.S. Supreme Court cases dealt the final blow to this proliferation problem by requiring evidentiary hearings when a substantive constitutional question or § 2255 was presented. This Article proposes possible solutions …

Evidence - Hearsay Statement In The Nature Of A Declaration Against A Penal Interest Admissible In Evidence Even Though The Unavailability Of The Dedarant Is Not Established. People V. Spriggs (Cal. 1964), Robert E. Madruga

San Diego Law Review

This recent case discusses People v. Spriggs (Cal. 1964)

Kamisar, Inbau & Arnold: Criminal Justice In Our Time, Theodore Souris

Michigan Law Review

A Review of Criminal Justice in Our Time by Yale Kamisar, Fred E. Inbau, and Thurman Arnold

Grand Jury Secrecy, Richard M. Calkins

Michigan Law Review

When a leading state such as Illinois enacts "reform" legislation, an impact on the legislatures of other jurisdictions may be anticipated. Accordingly, a need exists for an examination of this legislation in the light of the common-law background of grand jury secrecy and for a further analysis of it in the face of the growing trend toward more liberalized discovery of grand jury minutes in other jurisdictions. It is the contention of the author that such an empirical study will demonstrate that this legislation adopted by Illinois is contrary to all modern judicial thinking and is, in fact, a retrogressive …

The Right To Counsel During Police Interrogation - Escobedo V. Illinois

Maryland Law Review

No abstract provided.

Discovery In Criminal Cases - A Survey Of The Proposed Rule Changes, Joseph Fontana

Maryland Law Review

No abstract provided.

Why Imprisonment Must Go, Giles Playfair

Kentucky Law Journal

No abstract provided.

Post Conviction Remedy--Habeas Corpus--Kentucky Rule Of Criminal Procedure 11.42, Ralph R. Kinney

Kentucky Law Journal

No abstract provided.

Trial By Newspaper: Should It Continue?, William R. Hamlin

Kentucky Law Journal

No abstract provided.

Book Review, Ira Michael Heyman, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Gideon's Army: Student Soldiers, Henry Paul Monaghan

Faculty Scholarship

Ours is a nation that takes great pride in the manner in which it administers justice to its citizens. To us, "equal justice under law" is not simply hollow rhetoric; it gives expression to some of our most fundamental values, and it proclaims that every man should be treated fairly and equally in the administration of the laws. It is, of course, of no small moment that we hold such an ideal, for a nation invites judgment on how well its performance comports with its professions of faith.

In the administration of our laws there is much to which we …

Criminal Procedure—Coram Nobis—Not Available Where Counsel Has Failed To File Timely Notice Of Appeal When Requested By Defendant, David Gerald Jay

Buffalo Law Review

People v. Kling, 19 A.D.2d 750, 242 N.Y.S.2d 977 (2d Dep't 1963) (one judge dissenting),3 aff'd mem., 14 N.Y.2d 571, 198 N.E.2d 46, 248 N.Y.S.2d 661 (1964), motion to amend remittitur granted, 14 N.Y.2d 687, 198 N.E.2d 913, 249 N.Y.S.2d 884 (1964), petition for cert. filed, Misc. Calendar, July 1, 1964 (No. 198); People v. Marchese, 19 A.D.2d 728,242 N.Y.S.2d 464 (2d Dep't 1963), aff'd mern., 14 N.Y.2d 695, 198 N.E.2d 916, 249 N.Y.S.2d 888 (1964), petition for cert. filed, Misc. Calendar, August 18, 1964 (No. 388).

The Role Of A Trial Jury In Determining The Voluntariness Of A Confession, Michigan Law Review

Michigan Law Review

The Supreme Court of the United States has vigorously implemented the principle that criminal prosecution is an investigative, not an inquisitorial, process. Evidence of guilt must be obtained by methods free from physical or psychological coercion. Protections in the Bill of Rights against illegal search and seizure, self-incrimination, and trial without counsel have been extended to the states through the due process clause of the fourteenth amendment. Safeguards against the admissibility of coerced confessions into evidence have also been instituted. Because a confession practically determines the ultimate question of guilt, the critical standards for· admissibility are frequently challenged on appeal. …

Popular Misconceptions Regarding Police Interrogations Of Criminal Suspects, Fred E. Inbau

Buffalo Law Review

No abstract provided.

Criminal Procedure—Finding Of Guilt Beyond A Reasonable Doubt Does Not Require A Unanimous Verdict, Thomas L. David

Buffalo Law Review

People v. DeCillis, 14 N.Y.2d 203, 250 N.Y.S.2d 288 (1964).

Five Years Under State V. Thompson Criminal Pretrial Discovery In Washington, Kenneth L. Schubert, Jr.

Washington Law Review

Shortly after its 1959 decision in State v. Thompson, the Washington Supreme Court was credited with having made substantial change in the availability of pretrial discovery in Washington criminal procedure. This comment seeks to determine the effect of State v. Thompson by surveying the law of pretrial discovery on two levels of the Washington judicial system. First, the comment analyzes the recent supreme court cases that followed State v. Thompson, emphasizing the policy reasons behind current Washington procedure. Then the comment discusses a survey of the state's trial judges, which was made in conjunction with this paper for the purpose …

Law And Tactics In Federal Criminal Cases, Edited By George W. Shadoan, David W. Mernitz

Indiana Law Journal

No abstract provided.

Effectice Representation—An Evasive Substantive Notion Masquerading As Procedure, Kenneth O. Jarvi

Washington Law Review

Recent cases show an increasing judicial concern with the right to counsel for an indigent accused. This concern flows from the constitutional requirement of a fair trial for every accused, and has culminated with Gideon v. Wainright, establishing the right to counsel in the state courts in all cases. Concommitantly, a related concept of effective representation has acquired momentum. It dates from the language of Powell v. Alabama. This latter concept encompasses answers to the question of what amounts to competent and/or effective counsel. The answers to the question have proved to be delicate and shifting in emphasis from concern …

Law Of Arrest In Virginia

Washington and Lee Law Review

No abstract provided.

Speedy Trial And Pre-Trial Incarceration

Washington and Lee Law Review

No abstract provided.

Executive And Judicial Banishment Compared

Washington and Lee Law Review

No abstract provided.

Discharge Of Hung Jury

Washington and Lee Law Review

No abstract provided.