Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Seattle University School of Law (223)
- University of Michigan Law School (61)
- Washington and Lee University School of Law (55)
- Touro University Jacob D. Fuchsberg Law Center (42)
- Yeshiva University, Cardozo School of Law (24)
-
- University of Nebraska - Lincoln (17)
- UIC School of Law (14)
- Cornell University Law School (10)
- Chicago-Kent College of Law (9)
- Northwestern Pritzker School of Law (6)
- Pepperdine University (6)
- William & Mary Law School (6)
- Mitchell Hamline School of Law (5)
- Penn State Dickinson Law (5)
- University of Missouri-Kansas City School of Law (5)
- University of Cincinnati College of Law (4)
- University of Washington School of Law (4)
- Columbia Law School (3)
- Georgia State University College of Law (3)
- Mississippi Christian University School of Law (3)
- University of Arkansas Little Rock (3)
- University of Colorado Law School (3)
- University of Georgia School of Law (3)
- University of Maine School of Law (3)
- University of Miami Law School (3)
- University of Oklahoma College of Law (3)
- Barry University School of Law (2)
- Cleveland State University (2)
- Emory University School of Law (2)
- Florida A&M University College of Law (2)
- Keyword
-
- Due process (51)
- Fourteenth Amendment (35)
- Fifth Amendment (28)
- Due Process (25)
- Constitution (24)
-
- Capital punishment sentencing (21)
- Supreme Court (21)
- Due Process Clause (18)
- Sixth Amendment (18)
- United States Supreme Court (18)
- Capital punishment (17)
- Federal (17)
- Law (16)
- Miranda v. Arizona (16)
- Equal protection (15)
- Evidence (15)
- New York (15)
- Police (15)
- Eighth Amendment (12)
- Fourteenth amendment (12)
- State (12)
- Death penalty (11)
- Defendant (11)
- Exclusionary rule (11)
- § 1 (11)
- 1990) (10)
- Criminal law (10)
- Criminal procedure (10)
- Dickerson v. United States (10)
- Self-incrimination (10)
- Publication Year
- Publication
-
- Seattle University Law Review (189)
- Michigan Law Review (51)
- Capital Defense Journal (33)
- Touro Law Review (32)
- Seattle Journal for Social Justice (25)
-
- Nebraska Journal on Advancing Justice (17)
- UIC Law Review (13)
- Articles (10)
- Cornell Law Faculty Publications (10)
- Journal of Race, Gender, and Ethnicity (10)
- American Indian Law Journal (9)
- Chicago-Kent Law Review (9)
- Cardozo Law Review (8)
- Faculty Scholarship (8)
- Cardozo Public Law, Policy & Ethics Journal (7)
- Supreme Court Case Files (7)
- Washington and Lee Law Review (7)
- Pepperdine Law Review (6)
- Cardozo Journal of Equal Rights & Social Justice (5)
- Faculty Works (5)
- Northwestern Journal of Law & Social Policy (5)
- Washington and Lee Journal of Civil Rights and Social Justice (5)
- Faculty Publications (4)
- Mitchell Hamline Law Journal of Public Policy and Practice (4)
- University of Cincinnati Law Review (4)
- Dickinson Law Review (2017-Present) (3)
- MC Law Review (3)
- Maine Law Review (3)
- Other Faculty Publications (3)
- Publications (3)
- Publication Type
Articles 541 - 565 of 565
Full-Text Articles in Fourteenth Amendment
Constitutional Law - Public Trial In Criminal Cases, Carl S. Krueger S.Ed.
Constitutional Law - Public Trial In Criminal Cases, Carl S. Krueger S.Ed.
Michigan Law Review
The criminal trial has been traditionally open to the public in Anglo-Saxon procedure, as it was in Roman and other civilized societies of an earlier time. The public trial of today, however, has been subjected to considerable criticism on the ground that there is a tendency for criminal trials to degenerate into public spectacles, frequently interrupting the orderly procedure of justice, and not infrequently actually prejudicing the accused. If no useful purpose is served by the presence of the idle public during the deadly serious determination of guilt or innocence, should not the judge, subject to the right of admittance …
Constitutional Law-Due Process-Burden Of Proving Insanity As Defense To Crime, Lois H. Hambro S.Ed.
Constitutional Law-Due Process-Burden Of Proving Insanity As Defense To Crime, Lois H. Hambro S.Ed.
Michigan Law Review
Defendant was convicted of first degree murder after having pleaded insanity as a defense to the charge. He appealed to the Supreme Court of Oregon, alleging that the Oregon statute, which required an accused pleading insanity to prove it beyond a reasonable doubt, violated the due process clause of the Fourteenth Amendment because it placed on him the burden of proving his inability to premeditate and intend the criminal act. The defendant relied in part on the fact that Oregon is the only state requiring insanity to be proved ''beyond a reasonable doubt," while other states require at most that …
Current Decision, Due Process--Use Of Blood Tests To Determine Intoxication Not Violative Of Due Process, Howard Klemme
Current Decision, Due Process--Use Of Blood Tests To Determine Intoxication Not Violative Of Due Process, Howard Klemme
Publications
No abstract provided.
Evidence-Confessions-Mcnabb Rule Not Applicable Under The Fourteenth Amendment, Harry T. Baumann S.Ed.
Evidence-Confessions-Mcnabb Rule Not Applicable Under The Fourteenth Amendment, Harry T. Baumann S.Ed.
Michigan Law Review
Defendant, detained on a vagrancy charge in Texas, voluntarily confessed to a homicide committed in Nebraska. Upon his return to the latter state, the defendant repeated his confession and was subsequently arraigned, having been in custody for twenty-five days. The confessions were introduced at the trial and a conviction of manslaughter followed. Defendant, failing to gain a reversal in the state court, sought review by the United States Supreme Court, charging that a failure to arraign the defendant promptly in breach of local statutes was a want of due process under the Fourteenth Amendment. On certiorari, held, affirmed, Justices …
Constitutional Law-Evidence-Use Of Illegally Obtained Evidence And Due Process Of Law, Allan Neef S.Ed.
Constitutional Law-Evidence-Use Of Illegally Obtained Evidence And Due Process Of Law, Allan Neef S.Ed.
Michigan Law Review
It is fundamental, even in a federal system, that a state be free to regulate the procedure of its courts in accordance with its own conceptions of proper policy, subject only to constitutional limitations safeguarding individuals from arbitrary action by the state. In the United States this constitutional protection is two-fold-both state and federal constitutions acting as limitations on state action. As a result, a problem arises as to what extent the federal courts can, in the enforcement of federal constitutional limitations, override state criminal procedures and the policies underlying them. It is clear that the states have, by virtue …
Constitutional Law-Right To Assistance Of Out-Of-State Counsel In Criminal Cases As Element Of Due Process Of Law [Cooper V. Hutchinson, Fed. 1950]
Washington and Lee Law Review
No abstract provided.
Criminal Law-Confessions And Due Process, Harold G. Christensen S. Ed.
Criminal Law-Confessions And Due Process, Harold G. Christensen S. Ed.
Michigan Law Review
Petitioner was arrested on suspicion of robbery and the next day confessed the theft of a car owned by a person who had been found dead a month previous. On the following evening, after a four and one-half hour "interview" with two F.B.I. agents, he "broke down and confessed the killing." Other confessions were made the next day and finally, after a detention of five days from the day of arrest, petitioner was taken before a committing magistrate. He was found guilty of murder at a trial in which these confessions were used against him. He sued out a writ …
Criminal Law-Confessions And Due Process, Harold G. Christensen S. Ed.
Criminal Law-Confessions And Due Process, Harold G. Christensen S. Ed.
Michigan Law Review
Petitioner was arrested on suspicion of robbery and the next day confessed the theft of a car owned by a person who had been found dead a month previous. On the following evening, after a four and one-half hour "interview" with two F.B.I. agents, he "broke down and confessed the killing." Other confessions were made the next day and finally, after a detention of five days from the day of arrest, petitioner was taken before a committing magistrate. He was found guilty of murder at a trial in which these confessions were used against him. He sued out a writ …
Constitutional Law-Fourteenth Amendment-Discrimination In Selection Of Grand Jurors, Alan C. Boyd S. Ed.
Constitutional Law-Fourteenth Amendment-Discrimination In Selection Of Grand Jurors, Alan C. Boyd S. Ed.
Michigan Law Review
Defendant's conviction of murder was affirmed by the Texas Court of Criminal Appeals, which rejected defendant's claim that discrimination in selection of the indicting grand jury had violated his constitutional rights. Defendant pointed out that the Negro proportion of grand jurors had uniformly been less than the ratio of Negroes to the total population of the county, and that on the past twenty-one lists the commissioners had consistently limited the number of Negroes to not more than one on each grand jury. On certiorari to the United States Supreme Court, held, reversed. Limitation of the number of Negroes on …
Constitutional Law-Due Process-Right Of Condemned Prisoner To A Hearing On Claim Of Supervening Insanity, Robert P. Griffin S.Ed.
Constitutional Law-Due Process-Right Of Condemned Prisoner To A Hearing On Claim Of Supervening Insanity, Robert P. Griffin S.Ed.
Michigan Law Review
Petitioner was convicted of murder in a Georgia court and sentenced to die by electrocution. He made application to the governor to postpone execution on the ground that he had become insane after conviction. The governor, acting under authority of a state statute, appointed three physicians who conducted an examination of petitioner and found him sane. Thereupon, petitioner filed a petition for a writ of habeas corpus in a state court contending that the due process clause of the Fourteenth Amendment entitled him to a hearing on his insanity claim before a judicial or administrative tribunal at which he could …
Constitutional Law-Due Process-Right To Counsel In State Courts, Charles Myneder
Constitutional Law-Due Process-Right To Counsel In State Courts, Charles Myneder
Michigan Law Review
Petitioner was tried before a jury on a charge of larceny, convicted and sentenced to a penitentiary term. He did not request counsel, and the court made no offer to appoint counsel. In the course of the trial, petitioner was prejudiced by his failure to object to certain errors in evidence. In a petition for habeas corpus in the Supreme Court of Pennsylvania, he alleged denial of a constitutional right of counsel. On answer, it was averred that in petitioner's conduct of his own defense he displayed a "familiarity with legal process in the criminal courts." A transcript of petitioner's …
Constitutional Law-Due Process Of Law-Freedom From Unreasonable Search And Seizure-The Admissibility Of Illegally Seized Evidence, Bernard Goldstone S.Ed.
Constitutional Law-Due Process Of Law-Freedom From Unreasonable Search And Seizure-The Admissibility Of Illegally Seized Evidence, Bernard Goldstone S.Ed.
Michigan Law Review
Local police officers entered the private office of petitioner, a practising physician, without a warrant and seized his private books and records. As a result of the information thus obtained, petitioner was convicted of conspiracy to perform an abortion. Petitioner claimed that his constitutional rights were invaded contending that due process of law under the Fourteenth Amendment includes freedom from unreasonable search and seizure and prevents the admission of illegally seized evidence, but this was denied by the Supreme Court of Colorado and the conviction was affirmed. On certiorari to the Supreme Court of the United States, held, affirmed, …
Constitutional Law-Due Process-Federal Right To Counsel In Non-Capital Cases In State Courts, J. D. Mcleod
Constitutional Law-Due Process-Federal Right To Counsel In Non-Capital Cases In State Courts, J. D. Mcleod
Michigan Law Review
Petitioner was convicted in Illinois on pleas of guilty to two indictments charging him with a non-capital offense. On writ of error to the Supreme Court of Illinois, petitioner alleged that the trial court had not inquired into his desire or ability to have counsel and that he had been convicted without having had assistance of counsel. His contention that the circumstances alleged constituted a violation of the State and Federal Constitutions was overruled, and the judgments of the lower court affirmed. On certiorari to the United States Supreme Court, held affirmed. The due process clause of the Fourteenth Amendment …
Constitutional Law-Due Process-Right Of Prisoner Condemned To Death To Hearing On His Sanity, E. Blythe Stason Jr.
Constitutional Law-Due Process-Right Of Prisoner Condemned To Death To Hearing On His Sanity, E. Blythe Stason Jr.
Michigan Law Review
Petitioner, sentenced to death in California for murder, obtained a judicial stay of execution on the ground that he had become insane since sentence had been passed. Eighteen days later he was certified as sane by the medical superintendent of the state hospital, who made this determination by an ex parte examination without giving petitioner notice or opportunity of hearing. A new date for execution was then set. The applicable statute provided a procedure, enforceable by mandamus, whereby a sentenced prisoner could obtain a hearing on his sanity. The petitioner, without seeking mandamus to compel the warden to act, applied …
Habeas Corpus-Federal Courts-Exhaustion Of State Remedies, E. W. Rothe, Jr.
Habeas Corpus-Federal Courts-Exhaustion Of State Remedies, E. W. Rothe, Jr.
Michigan Law Review
Petitioner's writ of habeas corpus, alleging denial of due process of law in violation of the Fourteenth Amendment, was quashed on the merits by an inferior Florida court whose action was affirmed without opinion by the Florida Supreme Court. It was impossible to ascertain whether the affirmance was on the merits or on the ground that, under Florida law, habeas corpus was not the proper procedure to raise the due process issue. A later decision by the Florida Supreme Court clearly established that the prior case had been decided on the merits of the constitutional question, and that habeas corpus …
Constitutional Law-Due Process-Right Of Accused To Writ Of Error Coram Nobis, Bernard L. Trott
Constitutional Law-Due Process-Right Of Accused To Writ Of Error Coram Nobis, Bernard L. Trott
Michigan Law Review
Petitioner, a nineteen year old Negro, was convicted of rape in a circuit court of Alabama. The conviction, largely predicated on a confession made by petitioner on July 3, 1946, to the local police, was affirmed on April 24, 1947, by the Supreme Court of Alabama. This petition was subsequently initiated before the Alabama Supreme Court seeking an order granting permission to petition the trial court for a writ of error coram nobis. The request was accompanied by an allegation that petitioner's confession had been induced by mental and physical torture administered by the local police. At no time during …
Constitutional Law--Due Process-Federal Restrictions On The Use Of Confessions In State Criminal Proceedings, F. L. Adamson
Constitutional Law--Due Process-Federal Restrictions On The Use Of Confessions In State Criminal Proceedings, F. L. Adamson
Michigan Law Review
Undisputed evidence established that petitioner, a negro boy of fifteen, was arrested at about midnight, October 19, 1945 and taken to police headquarters. He was questioned by the police with no friend or counsel present. He was not informed of his right to counsel or of his right to refuse to answer. At about five in the morning, October 20, he confessed. He was then informed of his rights and his statement taken and transcribed. He was photographed by a newspaper photographer, and then placed in jail. On October 23 he was, for the first time, taken before a magistrate …
Constitutional Law-Due Process Clause-Right Of An Accused To Have Counsel Appointed By The Court, Frank H. Roberts
Constitutional Law-Due Process Clause-Right Of An Accused To Have Counsel Appointed By The Court, Frank H. Roberts
Michigan Law Review
On May 16, 1932, petitioner, then seventeen years of age, was arraigned, tried, convicted of murder in the first degree and sentenced to life imprisonment. Petitioner was without legal assistance throughout these proceedings, was never advised of his rights to counsel, was never informed of the consequences of a guilty plea and, as disclosed by the record, was considerably confused as to the effect of such plea. In 1945, he moved for leave to file a delayed motion for new trial in the court in which he was convicted, on the ground that there had been serious impairment of his …
Constitutional Law-Due Process-Punishment For Acts Done Without Consciousness Of Wrongdoing, Benjamin M. Quigg, Jr. S.Ed.
Constitutional Law-Due Process-Punishment For Acts Done Without Consciousness Of Wrongdoing, Benjamin M. Quigg, Jr. S.Ed.
Michigan Law Review
In the recent case of United States v. Dotterweich the United States Supreme Court (four justices dissenting) held the president of a drug jobbing company personally liable for violation of the Federal Food, Drug and Cosmetic Act on informations charging misbranding and adulteration of products. There was no evidence of any personal guilt on the defendant's part, nor was there any proof or claim that he ever knew of the introduction into commerce of the adulterated drugs in question. The disagreement among the members of the court was essentially one of statutory interpretation, but in view of the fact that …
Criminal Law And Procedure - Conditional Pardons - Right To Notice And Hearing Upon Revocation For Breach Of Condition, Smith Warder
Criminal Law And Procedure - Conditional Pardons - Right To Notice And Hearing Upon Revocation For Breach Of Condition, Smith Warder
Michigan Law Review
Plaintiff was granted a pardon upon the condition that if he failed to conduct himself as a useful, upright and law-abiding citizen, he could be rearrested and reconfined at the discretion of the Governor. The Governor made an ex parte revocation and plaintiff was returned to the penitentiary. The action of the Governor was sustained in the state courts. Plaintiff brings habeas corpus in the federal court. Held, plaintiff had a constitutional right to be heard and the denial of this right was in violation of the due process clause of the Fourteenth Amendment. Fleenor v. Hammond, (C. …
Constitutional Law - Due Process - Use Of Involuntary Confessions In Criminal Cases, Reed T. Phalan
Constitutional Law - Due Process - Use Of Involuntary Confessions In Criminal Cases, Reed T. Phalan
Michigan Law Review
The practice of wringing confessions from the lips of persons accused of crime forms a substantial blot on the history of the medieval administration of criminal law. Never legalized in England, the practice early earned the condemnation of writers and criticism of courts. From a recognition of human rights and a perception of the unreliability of statements extorted by violence, evolved the general rule, now long recognized in England and the United States, that the accused's involuntary confession is inadmissible in evidence against him. Recently this rule of evidence has been implemented by the recognition of the United States Supreme …
Criminal Law And Procedure - Appeal By State - Constitutionality Of Statutes-Due Process Of Law, Edward D. Ransom
Criminal Law And Procedure - Appeal By State - Constitutionality Of Statutes-Due Process Of Law, Edward D. Ransom
Michigan Law Review
Developing as a result of a period when an accused person was placed at a tremendous disadvantage at the hands of tyrannical judges exercising an unconscionable abuse of power, the concept that no person shall "be subject for the same offence to be twice put in jeopardy of life or limb" was put into the Fifth Amendment of the Federal Constitution and into many of the state constitutions. As a part of this double jeopardy concept, the American courts, from the first, established the rule that the state should not be allowed to appeal in a criminal prosecution. The accused, …
Criminal Law And Procedure - Non-Unanimous Verdicts - Constitutionality
Criminal Law And Procedure - Non-Unanimous Verdicts - Constitutionality
Michigan Law Review
An amendment to section 11, article 1 of the constitution of the state of Oregon permitted the concurrence of ten of the twelve jurors to control in criminal trials except in cases of murder in the first degree. It was claimed that this amendment discriminated against persons charged with second degree murder and in favor of those on trial for first degree murder, since in the latter case the jury could recommend life imprisonment which was the punishment prescribed in the former. The court held that there was no violation of the Fourteenth Amendment of the Federal Constitution. State v. …
Criminal Law And Procedure - Right Of Defendant To Accompany Jury On View-Due Process
Criminal Law And Procedure - Right Of Defendant To Accompany Jury On View-Due Process
Michigan Law Review
During the trial of appellant in the Massachusetts courts for murder the jury was sent to view the scene of the crime. The accused asked that he be allowed to accompany them, invoking the protection of the Fourteenth Amendment. Permission was refused. At the view, judge and counsel being present, a stipulation was entered into as to changes which had occurred since the crime. Upon conviction, appellant appealed to the United States Supreme Court asserting that there had been a denial of due process. Held, four justices dissenting, that there had been no denial of due process since no …
Due Process And Punishment, Clarence E. Laylin, Alonzo H. Tuttle
Due Process And Punishment, Clarence E. Laylin, Alonzo H. Tuttle
Michigan Law Review
To threaten such a man with punishment," wrote Sir James .LFitzjames Stephen,' "is like threatening to punish a man for not lifting a weight which he cannot move."