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Articles 1231 - 1260 of 1354
Full-Text Articles in Evidence
Searches Without Warrants, Jerold H. Israel
Searches Without Warrants, Jerold H. Israel
Book Chapters
My primary area of concentration today is the search made without a warrant. Studies indicate that 95 percent or more of all searches are without warrants. It is quite understandable, then, that most of the search-and-seizure litigation concerns the validity of searches without warrants.
The Role Of Abandonment In The Law Of Search And Seizure: An Application Of Misdirected Emphasis, Edward G. Mascolo
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.
Criminal Procedure—Search And Seizure—Electronic Eavesdropping—Abortion: Recording Of Voluntary Conversation Between Police Agent And Defendant Admissible In Evidence.—State V. Wright, 74 Wn. 2d 355, 444 P.2d 867 (1968), Anon
Washington Law Review
Informed that defendant had committed an abortion in his home, the police hired a female agent who made arrangements with the defendant by telephonic conversations, which were monitored and recorded. The agent, equipped with a hidden transmitter, kept her appointment and transmitted defendant's explanation of the abortion to the police, who again monitored and recorded the conversation. That evening she returned to defendant's home and paid the fee, and, as defendant prepared her for the operation, sent the conversation to monitoring police, who recorded it. All monitoring was done without prior court order. Just before the operation was to occur, …
Juveniles And Their Right To A Jury Trial, Timothy E. Foley
Juveniles And Their Right To A Jury Trial, Timothy E. Foley
Villanova Law Review (1956 - )
No abstract provided.
The Use Of Prior Convictions To Impeach The Credibility Of The Criminal Defendant, James Alan Harris
The Use Of Prior Convictions To Impeach The Credibility Of The Criminal Defendant, James Alan Harris
West Virginia Law Review
No abstract provided.
Custodial Police Interrogation In Our Nation's Capital: The Attempt To Implement Miranda, Richard J. Medalie, Leonard Zeitz, Paul Alexander
Custodial Police Interrogation In Our Nation's Capital: The Attempt To Implement Miranda, Richard J. Medalie, Leonard Zeitz, Paul Alexander
Michigan Law Review
In his attempt to define the meaning of democracy, Carl Becker, looking back to Plato's view of society, observed that "[a]ll human institutions, we are told, have their ideal forms laid away in heaven, and we do not need to be told that the actual institutions conform but indifferently to these ideal counterparts." Becker's observation may well set the perspective from which to view what occurred when the attempt was made in the District of Columbia to implement the Supreme Court's decision in Miranda v. Arizona.
Defendant's Right To Inspect Investigative Files Of Law Enforcement Agencies
Defendant's Right To Inspect Investigative Files Of Law Enforcement Agencies
Washington and Lee Law Review
No abstract provided.
Plea Of Self-Defense: Admissibility Of Evidence Of Deceased's Character
Plea Of Self-Defense: Admissibility Of Evidence Of Deceased's Character
Washington and Lee Law Review
No abstract provided.
Federal Courts--Discovery--Stay Of Discovery In Civil Court To Protect Proceedings In Concurrent Criminal Action--The Pattern Of Remedies, Michigan Law Review
Federal Courts--Discovery--Stay Of Discovery In Civil Court To Protect Proceedings In Concurrent Criminal Action--The Pattern Of Remedies, Michigan Law Review
Michigan Law Review
The federal criminal discovery rules were a carefully weighed compromise between the parties' needs for information and the defendant's need for protection from inquisatorial investigation. This balance may be upset when the more liberal discovery rules in a concurrent, related civil action permit information to be obtained which is not discoverable under the criminal rules. Two recent cases, United States v. Simon and United States v. American Radiator &- Standard Sanitary Corp., illustrate the difficulty of protecting the integrity of the criminal discovery rules in such a situation.
Criminal Procedure--Evidence--Composite Drawing Not Producible Under Jencks Act--United States V. Zurita, Michigan Law Review
Criminal Procedure--Evidence--Composite Drawing Not Producible Under Jencks Act--United States V. Zurita, Michigan Law Review
Michigan Law Review
Following a bank robbery, the bank manager and his wife provided descriptions enabling an agent of the Federal Bureau of Investigation to compose drawings of the robbers which were then "approved" by each of these witnesses as being substantially accurate. At the defendant's trial four years later, he was identified by the manager and his wife as one of the robbers. The defendant, in an attempt to impeach their testimony, requested that the government be compelled under the Jencks Act to produce the original composite drawings. The trial court denied this request, stating that the production of these drawings was …
Search By Consent, Jerold H. Israel
Search By Consent, Jerold H. Israel
Book Chapters
My topics this morning are eavesdropping, search by consent and entrance gained by fraud and deceit. You should be forewarned that these are areas in which the law has been "on the move" for the past few years. Changes have occurred and still more will take place in the future. I will attempt to anticipate some of those developments, but, obviously, the only safe course is keeping up-to-date through continuing education. In covering my assigned topics, I hope to paint with a rather broad brush. It has always been my feeling that the pohce officer cannot be expected to learn …
Recent Developments In The Law Of Search And Seizure, Jerold H. Israel
Recent Developments In The Law Of Search And Seizure, Jerold H. Israel
Book Chapters
This article is designed to provide a survey of recent decisions dealing with several important issues in the area of search and seizure. It is intended primarily as a basic collection of sources. I have, therefore, sought to keep my own commentary at a minimum and the citations to relevant cases at a maximum. Wherever space permits, I have let the courts speak for themselves. In most instances, however, it has been necessary to provide fairly general descriptions of the cases.
'Custodial Interrogation' Within The Meaning Of Miranda, Yale Kamisar
'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
The Drinking Driver: An Approach To Solving A Problem Of Underestimated Severity, David A. Scholl
Villanova Law Review (1956 - )
No abstract provided.
Criminal Procedure—Indictment—Evidence Inadmissible At Trial Is Inadmissible In Grand Jury Proceedings, Michael Nelson
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
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
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 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, …
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."
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.
Use Of Record Of Criminal Conviction In Subsequent Civil Action Arising From The Same Facts As The Prosecution, Michigan Law Review
Use Of Record Of Criminal Conviction In Subsequent Civil Action Arising From The Same Facts As The Prosecution, Michigan Law Review
Michigan Law Review
The overwhelming majority of courts considering the issue without the aid of pertinent legislation have held that a record of a prior criminal conviction may not be used against a convicted person in subsequent civil proceedings arising from the same facts as the criminal prosecution but to which the state is not a party. It is admissible neither as evidence of the facts underlying it, nor as the basis of an estoppel preventing the convicted party from relitigating those issues which must have been decided against him in the criminal trial for the judge or jury to have found him …
Proof By Confession, O. John Rogge
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
Constitutional Ramifications Of The Police Lineup, Thomas Edward Byrne, Marc B. Kaplin, Walter John Taggart
Villanova Law Review (1956 - )
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.
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 …
Compulsory Husband-Wife Testimony In Criminal Cases
Compulsory Husband-Wife Testimony In Criminal Cases
Washington and Lee Law Review
No abstract provided.
Grand Jury Secrecy, Richard M. Calkins
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 …
Derivative Evidence Under Mcnabb-Mallory
Derivative Evidence Under Mcnabb-Mallory
Washington and Lee Law Review
No abstract provided.
Reliable Informers And Corroboration
Reliable Informers And Corroboration
Washington and Lee Law Review
No abstract provided.
Police Refusal Of A Blood Test As Suppression Of Evidence
Police Refusal Of A Blood Test As Suppression Of Evidence
Washington and Lee Law Review
No abstract provided.