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Articles 11401 - 11430 of 12093
Full-Text Articles in Criminal Procedure
Comments On Recent Cases, Charles W. Ehrhardt
Comments On Recent Cases, Charles W. Ehrhardt
Scholarly Publications
No abstract provided.
Habeas Corpus - Federal Courts Have Power To Issue The Writ Provided Petitioner Has Exhausted Remedies Available In State Court At Time Of Application, Thomas M. Twardowski
Habeas Corpus - Federal Courts Have Power To Issue The Writ Provided Petitioner Has Exhausted Remedies Available In State Court At Time Of Application, Thomas M. Twardowski
Villanova Law Review (1956 - )
No abstract provided.
Procedural Due Process And State University Students, William W. Van Alstyne
Procedural Due Process And State University Students, William W. Van Alstyne
Faculty Scholarship
This examination seeks to address the problems both universities and students confront regarding the growth of student expression. It is noted that contemporary students sometimes have fewer rights than petty criminals and this article explores the common reasons behind universities’ abbreviated procedures and reconcile those reasons with students’ emerging Fourteenth Amendment rights.
Criminal Procedure - Dismissal - Eavesdropping By Sheriff On Consultations Between Criminal Defendant And His Attorney Requires Dismissal Of Charges Against Defendant, James L. Griffith
Criminal Procedure - Dismissal - Eavesdropping By Sheriff On Consultations Between Criminal Defendant And His Attorney Requires Dismissal Of Charges Against Defendant, James L. Griffith
Villanova Law Review (1956 - )
No abstract provided.
Gideon V. Wainwright: The Art Of Overruling, Jerold H. Israel
Gideon V. Wainwright: The Art Of Overruling, Jerold H. Israel
Articles
During the 1962 Term, the Supreme Court, on a single Monday, announced six decisions concerned with constitutional limitations upon state criminal procedure. The most publicized of these, though probably not the most important in terms of legal theory or practical effect, was Gideon v. Wainwright. In an era of constantly expanding federal restrictions on state criminal processes, the holding of Gideon-that an indigent defendant in a state criminal prosecution has an unqualified right to the appointment of counsel-was hardly startling. And while Gideon will obviously have an important effect in the handful of states that still fail to appoint counsel …
M'Naghten V. Durham, Lee E. Skeel
M'Naghten V. Durham, Lee E. Skeel
Cleveland State Law Review
The mental competence of a defendant charged with crime is assumed in most jurisdictions, and the defense of insanity,whereby the defendant's act is claimed not to have been knowingly and purposefully done because of lack of mental capacity,as indicated is an affirmative defense. (In some jurisdictions,where insanity is suggested, the burden of proving mental competence is placed on the State). The issue, no matter on whom the burden of proof is placed, is what state of mental incapacity must be found by the trier of the facts in order to relieve the defendant from the imposition of the penalties under …
Privileges In The Law Of Evidence: The Realities Of Attorney-Client Confidences, Robert Allen Sedler, Joseph J. Simeone
Privileges In The Law Of Evidence: The Realities Of Attorney-Client Confidences, Robert Allen Sedler, Joseph J. Simeone
Law Faculty Research Publications
No abstract provided.
The Right To Counsel For Indigents In State Criminal Trials, H,. Rutherford Turnbull Iii
The Right To Counsel For Indigents In State Criminal Trials, H,. Rutherford Turnbull Iii
Maryland Law Review
No abstract provided.
Recent Cases
University of Richmond Law Review
This article provides a list of the recent cases and their summaries for the year of 1963.
Sentencing The Recidivist--An Ethical Dilemma, Theodore Sager Meth
Sentencing The Recidivist--An Ethical Dilemma, Theodore Sager Meth
Kentucky Law Journal
No abstract provided.
The United States Commissioner--A Little Known Component Of The Federal Judicial System, Paul Frederick Helfer
The United States Commissioner--A Little Known Component Of The Federal Judicial System, Paul Frederick Helfer
Kentucky Law Journal
No abstract provided.
Criminal Procedure--Evidence--Wiretapping--Admissibility In State Courts, George W. Mills
Criminal Procedure--Evidence--Wiretapping--Admissibility In State Courts, George W. Mills
Kentucky Law Journal
No abstract provided.
Criminal Procedure--Search Prior To Arrest, Joe Harrison
Criminal Procedure--Search Prior To Arrest, Joe Harrison
Kentucky Law Journal
No abstract provided.
Criminal Law--Presence Of Accused At Trial, Thomas Edward Mchugh
Criminal Law--Presence Of Accused At Trial, Thomas Edward Mchugh
West Virginia Law Review
No abstract provided.
The Constitution And Contempt Of Court, Ronald Goldfarb
The Constitution And Contempt Of Court, Ronald Goldfarb
Michigan Law Review
Few legal devices find conflict within the lines of our Constitution with the ubiquity of the contempt power. These conflicts involve issues concerning the governmental power structure such as the separation of powers and the delicate balancing of federal-state relations. In addition, there are civil rights issues attributable to the conflict between the use of the contempt power and such vital procedural protections as the right to trial by jury, freedom from self-incrimination, double jeopardy, and indictment-to name only the most recurrent and controversial examples. Aside from these problems, there are other civil liberties issues, such as those involving freedom …
Criminal Law And Procedure—Coram Nobis Allowed Upon Allegation That Acceptance Of Guilty Plea Violative Of Due Process, Walter J. Licata
Criminal Law And Procedure—Coram Nobis Allowed Upon Allegation That Acceptance Of Guilty Plea Violative Of Due Process, Walter J. Licata
Buffalo Law Review
People v. Codarre, 10 N.Y.2d 361, 179 N.E.2d 475, 223 N.Y'S.2d 457 (1961).
Criminal Law And Procedure—Confession During Period Of Illegal Detention Admissible If Voluntary, Walter J. Licata
Criminal Law And Procedure—Confession During Period Of Illegal Detention Admissible If Voluntary, Walter J. Licata
Buffalo Law Review
People v. Lane, 10 N.Y.2d 347, 179 N.E.2d 339, 223 N.Y.S.2d 197 (1961); People v. Everett, 10 N.Y.2d 500, 180 N.E.2d 556, 225 N.Y.S.2d 193 (1962); People v. Meyer, 11 N.Y.2d 162, 182 N.E.2d 103, 227 N.Y.S.2d 427 (1962).
Criminal Law And Procedure—Contempt Proceedings Immediately Following Notice Held Sufficient When Conduct In Grand Jury Room Is Obviously Contemptous, Albert Dolata
Buffalo Law Review
People ex rel. Cirillo v. Warden of City Prison, 11 N.Y.2d 51, 182 N.E.2d 85, 226 N.Y.S.2d 398 (1962).
Criminal Law And Procedure—Extremely Long And Unreasonable Delay In Sentencing Convicted Criminal Divests Court Of Jurisdiction, James P. Manak
Criminal Law And Procedure—Extremely Long And Unreasonable Delay In Sentencing Convicted Criminal Divests Court Of Jurisdiction, James P. Manak
Buffalo Law Review
People ex rel. Harty v. Fay, 10 N.Y.2d 374, 179 N.E.2d 483, 223 N.Y.S.2d 468 (1961).
Criminal Law And Procedure—Evidence Obtained By Means Of Wiretap Admissible In State Criminal Proceeding, William A. Carnahan
Criminal Law And Procedure—Evidence Obtained By Means Of Wiretap Admissible In State Criminal Proceeding, William A. Carnahan
Buffalo Law Review
People v. Dinan, 11 N.Y.2d 350, 183 N.E.2d 689, 229 N.Y.S.2d 406 (1962).
Criminal Law And Procedure—Application Of The Exclusionary Rule To New York Trials Before Mapp V. Ohio, Roger V. Barth
Criminal Law And Procedure—Application Of The Exclusionary Rule To New York Trials Before Mapp V. Ohio, Roger V. Barth
Buffalo Law Review
People v. Loria, 10 N.Y.2d 368, 179 N.E.2d 478, 223 N.Y.S.2d 462 (Nov. 30 1961); People v. Coffey, 11 N.Y.2d 142, 182 N.E.2d 92, 227 N.Y.S.2d 412 (1962); People v. O'Neill, 11 N.Y.2d 148, 182 N.E.2d 95, 227 N.Y.S.2d 416 (1962); People v. Muller, 11 N.Y.2d 154, 182 N.E.2d 99, 227 N.Y.S.2d 421 (1962); People v. Friola, 11 N.Y.2d 157, 182 N.E.2d 100, 227 N.Y.S.2d 423 (1962); People v. Yarmosh, 11 N.Y.2d 397, 184 N.E.2d 165, 230 N.Y.S.2d 185 (1962).
Criminal Law And Procedure—Confessions Obtained By Confrontation With Illegally Seized Evidence Initiation Of Criminal Proceedings Without Benefit Of Or After Counsel Are Inadmissible, Timothy C. Leixner
Buffalo Law Review
People v. Rodriguez, 11 N.Y.2d 279, 183 N.E.2d 651, 229 N.Y.S.2d 353 (1962); People v. Meyer, 11 N.Y.2d 162, 182 N.E.2d 103, 227 N.Y.S.2d 427 (1962).
Criminal Law And Procedure—Reading Of Inflammatory Articles By Jurors Held Not Enough To Warrant Mistrial, Rosario J. Dilorenzo
Criminal Law And Procedure—Reading Of Inflammatory Articles By Jurors Held Not Enough To Warrant Mistrial, Rosario J. Dilorenzo
Buffalo Law Review
People v. Genovese, 10 N.YS.2d 478, 180 N.E.2d 419, 225 N.Y.S.2d 26 (1962).
Criminal Law And Procedure—Opinion Of Defendant’S Sanity Based On Direct Observation Should Have Been Allowed Although Preceded By Hypothetical Question, Louis H. Siegel
Criminal Law And Procedure—Opinion Of Defendant’S Sanity Based On Direct Observation Should Have Been Allowed Although Preceded By Hypothetical Question, Louis H. Siegel
Buffalo Law Review
People v. Jackson, 10 N.Y.2d 510, 180 N.E.2d 561, 225 N.Y.S.2d 200 (1962).
The Child As A Witness, Charles F. Stafford
The Child As A Witness, Charles F. Stafford
Washington Law Review
Most parents will agree that small children have an uncanny ability of being in strange places at unexpected moments. Children are often in the right place at the right time to see people, things and events that are never witnessed by adults. As we know from experience, they often overhear things that adults have felt were said in confidence or were said because they felt there were no witnesses. While this faculty is often a mere source of annoyance to the adult members of the family, it may have considerable impact upon the outcome of some legal action. Unfortunately, the …
Appointment Of Counsel For Indigent Defendants, Reno S. Harp, Iii
Appointment Of Counsel For Indigent Defendants, Reno S. Harp, Iii
Washington and Lee Law Review
No abstract provided.
Federal Procedure-Appellate Practice-"Excusable Neglect" In Failing To Perfect Criminal Appeal Provides No Ground For Collateral Review Of Conviction, H. C. Snyder Jr.
Federal Procedure-Appellate Practice-"Excusable Neglect" In Failing To Perfect Criminal Appeal Provides No Ground For Collateral Review Of Conviction, H. C. Snyder Jr.
Michigan Law Review
After the ten-day period for filing a notice of appeal from a federal criminal conviction had expired, defendant filed a motion under section 2255 of the Judicial Code to set aside his sentence under a conviction for armed robbery. The motion was based on the improper admission of a confession given during an allegedly unlawful detention. The district court denied the motion on the ground that the error asserted did not amount to a denial of a constitutional right and that only constitutional defects are subject to attack after the time for an appeal has expired. The District of Columbia …
Book Reviews, Kurt L. Hanslowe, Boaz Siegel, Walter J. Derenberg, David S. Stern, B. J. George
Book Reviews, Kurt L. Hanslowe, Boaz Siegel, Walter J. Derenberg, David S. Stern, B. J. George
Journal of Legal Education
No abstract provided.
Necessity For New Indictment After Release On Habeas Corpus
Necessity For New Indictment After Release On Habeas Corpus
Washington and Lee Law Review
No abstract provided.
Kirchheimer: Political Justice: The Use Of Legal Procedure For Political Ends, Kenneth S. Carlston
Kirchheimer: Political Justice: The Use Of Legal Procedure For Political Ends, Kenneth S. Carlston
Michigan Law Review
A Review of Political Justice: The Use of Legal Procedure for Political Ends. By Otto Kirchheimer.