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Constitutional Law

Institution
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Articles 751 - 780 of 946

Full-Text Articles in Evidence

United States V. Dionisio, Lewis Powell Jr. Oct 1972

United States V. Dionisio, Lewis Powell Jr.

Supreme Court Case Files

No abstract provided.


Police Inventories Of The Contents Of Vehicles And The Exclusionary Rule Mar 1972

Police Inventories Of The Contents Of Vehicles And The Exclusionary Rule

Washington and Lee Law Review

No abstract provided.


The Demise Of The Iron Curtain Statute, Denis James Lawler Jan 1972

The Demise Of The Iron Curtain Statute, Denis James Lawler

Villanova Law Review (1956 - )

No abstract provided.


Miranda Warnings And The Harmless Error Doctrine: Comments On The Indiana Approach, Michael W. Fruehwald Jan 1972

Miranda Warnings And The Harmless Error Doctrine: Comments On The Indiana Approach, Michael W. Fruehwald

Indiana Law Journal

No abstract provided.


Easy Cases, Bad Law, And Burdens Of Proof, Roger B. Dworkin Jan 1972

Easy Cases, Bad Law, And Burdens Of Proof, Roger B. Dworkin

Articles by Maurer Faculty

No abstract provided.


Constitutional Law--Evidence--Use Of Miranda-Violative Confessions For Impeachment Purposes, William F. Dobbs Jr. Nov 1971

Constitutional Law--Evidence--Use Of Miranda-Violative Confessions For Impeachment Purposes, William F. Dobbs Jr.

West Virginia Law Review

No abstract provided.


Criminal Procedure--Self-Incrimination--Harmless Error--Application Of The Harmless Error Doctrine To Violations Of Miranda: The California Experience, Michigan Law Review Apr 1971

Criminal Procedure--Self-Incrimination--Harmless Error--Application Of The Harmless Error Doctrine To Violations Of Miranda: The California Experience, Michigan Law Review

Michigan Law Review

Using decisions of the appellate courts of California that have applied the federal harmless error rule to violations of Miranda v. Arizona and Escobedo v. Illinois, this Note will examine the logic and effects of the California application. However, the California experience can only be understood by first briefly describing the United States Supreme Court's decisions regarding harmless constitutional error and then showing the approaches taken by other states in their application of the harmless error rule to Miranda violations. Not only will this analysis put the California experience in its proper perspective, but it will also show the …


Intrusion Into The Body, William G. Eckhardt Jan 1971

Intrusion Into The Body, William G. Eckhardt

Faculty Works

The thesis of this article is that the rights of servicemen should be protected with the search and seizure concepts of the fourth amendment rather than with the fifth amendment protection against self-incrimination when intrusive bodily searches are required. The Supreme Court enunciated standard for intrusion into the body found in Schmerber v. California, 384 U.S. 757 (1966). The subsequent application of this standard in the federal courts, and its adoption in the Manual for Courts-Martial, United States, 1969, (Rev.) are explored. Federal court decisions discussing the privilege against self-incrimination are contrasted with opinions of the Court of Military Appeals …


The Role Of Abandonment In The Law Of Search And Seizure: An Application Of Misdirected Emphasis, Edward G. Mascolo Jan 1971

The Role Of Abandonment In The Law Of Search And Seizure: An Application Of Misdirected Emphasis, Edward G. Mascolo

Buffalo Law Review

No abstract provided.


Constitutional Law—Warrantless Search Incident To A Lawful Arrest Must Be Limited To Area Within Suspect ‘S Control, Susan Levenberg Jan 1970

Constitutional Law—Warrantless Search Incident To A Lawful Arrest Must Be Limited To Area Within Suspect ‘S Control, Susan Levenberg

Buffalo Law Review

Chimel v. California, 395 U.S. 752 (1969).


Constitutional Law—Exclusionary Rule Applied To State Liquor Authority Administrative Searches, Judith B. Ittig Jan 1970

Constitutional Law—Exclusionary Rule Applied To State Liquor Authority Administrative Searches, Judith B. Ittig

Buffalo Law Review

Matter of Finn's Liquor Shop, Inc. v. State Liquor Authority, 24 N.Y.2d 647 (1969).


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.


Recent Developments, Various Editors Jan 1970

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.


Criminal Law—Electronic Eavesdropping-Standing To Object To Third Party Conversations, Joel E. Schweitzer Jan 1970

Criminal Law—Electronic Eavesdropping-Standing To Object To Third Party Conversations, Joel E. Schweitzer

Buffalo Law Review

Alderman v. United States, 394 U.S. 165 (1969).


Books Received Jan 1970

Books Received

University of Richmond Law Review

These are the books received by the Law School in 1970.


Constitutional Limitations On Evidence In Criminal Cases. By James George, Jr., Irving Younger Oct 1969

Constitutional Limitations On Evidence In Criminal Cases. By James George, Jr., Irving Younger

Buffalo Law Review

No abstract provided.


Recent Developments, Various Editors Jan 1969

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.


'Custodial Interrogation' Within The Meaning Of Miranda, Yale Kamisar Jan 1968

'Custodial Interrogation' Within The Meaning Of Miranda, Yale Kamisar

Book Chapters

The primary conceptual hurdle confronting the Miranda Court was the "legal reasoning" that any and all police interrogation is unaffected by the privilege against self-incrimination because such interrogation does not involve any kind of judicial process for the taking of testimony; inasmuch as police officers have no legal authority to compel statements of any kind, there is no legal obligation, ran the argument, to which a privilege can apply. See, e.g., the discussion and authorities collected in Kamisar, A Dissent from the Miranda Dissents: Some Comments on the "New" Fifth Amendment and the Old "Voluntariness" Test, 65 MICH. L. REv. …


The Drinking Driver: An Approach To Solving A Problem Of Underestimated Severity, David A. Scholl Jan 1968

The Drinking Driver: An Approach To Solving A Problem Of Underestimated Severity, David A. Scholl

Villanova Law Review (1956 - )

No abstract provided.


The Presently Expanding Concept Of Judicial Notice, Fortunata Giudice, C. William Kraft Jan 1968

The Presently Expanding Concept Of Judicial Notice, Fortunata Giudice, C. William Kraft

Villanova Law Review (1956 - )

No abstract provided.


Constitutional Law - Search And Seizure - "Fruit Of Poisonous Tree" Doctrine - Jacobs V. Warden, 367 F.2d 321 (4th Cir. 1966), Gilbert A. Bartlett Oct 1967

Constitutional Law - Search And Seizure - "Fruit Of Poisonous Tree" Doctrine - Jacobs V. Warden, 367 F.2d 321 (4th Cir. 1966), Gilbert A. Bartlett

William & Mary Law Review

No abstract provided.


Criminal Procedure—Indictment—Evidence Inadmissible At Trial Is Inadmissible In Grand Jury Proceedings, Michael Nelson Apr 1967

Criminal Procedure—Indictment—Evidence Inadmissible At Trial Is Inadmissible In Grand Jury Proceedings, Michael Nelson

Buffalo Law Review

West v. United States, 359 F.2d 50 (8th Cir.), cert. denied mem., 87 Sup. Ct. 131 (1966).


Family Law—Application Of The Rules Against Search And Seizure To Juvenile Delinquency Proceedings, Alan Eber Jan 1967

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).


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 Jan 1967

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 …


The Citizen On Trial: The New Confession Rules, Yale Kamisar Jan 1967

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."


Constitutional Law - Admissibility Of Evidence - Reasonable Search And Seizure. Hawley V. Commonwealth, 206 Va. 479 (1965), Robert E. Scott May 1966

Constitutional Law - Admissibility Of Evidence - Reasonable Search And Seizure. Hawley V. Commonwealth, 206 Va. 479 (1965), Robert E. Scott

William & Mary Law Review

No abstract provided.


A New Constitutional Limit For Electronic Surveillance Cases, Allan Zaleski Jan 1966

A New Constitutional Limit For Electronic Surveillance Cases, Allan Zaleski

William & Mary Law Review

No abstract provided.


Proof By Confession, O. John Rogge Jan 1966

Proof By Confession, O. John Rogge

Villanova Law Review (1956 - )

No abstract provided.


Constitutional Ramifications Of The Police Lineup, Thomas Edward Byrne, Marc B. Kaplin, Walter John Taggart Jan 1966

Constitutional Ramifications Of The Police Lineup, Thomas Edward Byrne, Marc B. Kaplin, Walter John Taggart

Villanova Law Review (1956 - )

No abstract provided.


Constitutional Law—Inspections And The Warrant Requirement—Warrant Required In Zoning Inspections Where Purpose Is To Gather Evidence For A Criminal Prosecution, George Wallach Dec 1965

Constitutional Law—Inspections And The Warrant Requirement—Warrant Required In Zoning Inspections Where Purpose Is To Gather Evidence For A Criminal Prosecution, George Wallach

Buffalo Law Review

People v. Laverne, 14 N.Y.2d 304, 200 N.E.2d 441, 251 N.Y.S.2d 452 (1964).