Evidence - Admissibility Of Statements To Parole Officer - Miranda Warnings; State V. Gallagher,
2015
The University of Akron
Evidence - Admissibility Of Statements To Parole Officer - Miranda Warnings; State V. Gallagher, Thomas A. Treadon
Akron Law Review
The opinion handed down in this recent decision from the Montgomery County Court of Appeals examined a question of first impression in the courts of Ohio. The issue presented was "whether a parole or probation officer is a law enforcement officer within the contemplation of Miranda and thus subject to the Miranda requirements of constitutional warnings to suspects during custodial interrogation...."
Searches And Seizures - Arrest - Motor Vehicle Exception To Warrant Requirement - Limits? People V. Dumas,
2015
The University of Akron
Searches And Seizures - Arrest - Motor Vehicle Exception To Warrant Requirement - Limits? People V. Dumas, Gordon D. Arnold
Akron Law Review
On May 11, 1970, officers of the Los Angeles Police Department approached the apartment of Clay Dumas. Based on a report from a reliable informant, whose information had been corroborated by independent police investigation, the police had obtained a warrant to search Dumas' apartment and "all trash cans, storage areas, garages and carports which are assigned to and/or used by occupants of the aforesaid apartment." The objects of the search were certain stolen bonds and bank checks which, according to the police informant, Dumas had been in possession of for about eight weeks; also narcotics and narcotics gear. The police …
Entrapment - An End? State V. Rowan,
2015
The University of Akron
Entrapment - An End? State V. Rowan, Kenneth D. Morse
Akron Law Review
Rowan creates a trap for the individual who is confronted by the undercover narcotics agent and who had no intention of committing the crime. That the crime is more likely to occur under Rowan cannot be doubted. It is of utmost significance that the narcotics agent may sell and deliver drugs. Courts cannot ignore a change of social mores which have occurred. 25 More and more people are willing to accept the existence of conduct which was previously branded as criminal behavior. It is precisely these people that the Rowan decision sets out to trap.
Book Review: Justice Is The Crime,
2015
The University of Akron
Book Review: Justice Is The Crime, James G. France
Akron Law Review
[R]eform suggestions are bold, sometimes to the point of brashness. Many of them are urgently needed, but few are new. They bear a curious resemblance to those offered by the National Conference on the Judiciary in its Concensus Report, and to some of the more recent reports and recommendations of state court studies, all financed by L.E.A.A. grants, some of them quite substantial. It is as if the real source of the proposals was in the Department of Justice in Washington, all for the benefit of the untutored provincials. These suggestions are of three types: Those which are untried and …
Book Review: Insanity Defense: By Richard Arens,
2015
The University of Akron
Book Review: Insanity Defense: By Richard Arens, Gustav Goldberger
Akron Law Review
It is not often that the average criminal trial lawyer will seriously contemplate the use of the insanity defense. The law presumes a defendant sane and counsel will naturally attribute sanity to his client unless obvious signs trigger the consideration of the insanity defense.
Search And Seizure - Warrantless Search- Allowable Extent Incident To Arrest; United States V. Robinson,
2015
The University of Akron
Search And Seizure - Warrantless Search- Allowable Extent Incident To Arrest; United States V. Robinson, John Nelson Childs
Akron Law Review
DISTRICT OF COLUMBIA Metropolitan Policeman Richard Jencks, on April 19, 1968, halted Willie Robinson for a "routine spot check."' While examining Robinson's driver's license, motor vehicle registration, and selective service card, Officer Jencks noticed an 11-year discrepancy between the two birthdates listed on his driver's license and his draft card. Upon a later check of police traffic records, Officer Jencks discovered that an operator's permit issued to "Willie Robinson, Jr.," born in 1927, had been revoked and that a temporary license had been issued to a "Willie Robinson," born in 1938. Four days later, the same officer observed Robinson operating …
Reforming The Mental Health Law Of Ohio,
2015
The University of Akron
Reforming The Mental Health Law Of Ohio, James K. Feldman
Akron Law Review
IT WAS A COLD, SNOWY DAY toward the end of November, 1859. C. P. Wolcott, one of Akron's prominent attorneys, bundled up on the seat of his "buckboard," was driving his team all about town, trying to obtain affidavits from various citizens of his community who could testify to his client's mad delusions, and thereby save him from execution for charges arising from his attempt to seize the federal army arsenal at Harper's Ferry, Virginia, the previous October 16th. John Brown, married and the father of 20 children, was sentenced to be hanged on December 2nd. The client sincerely believed …
Corporal Punishment In The Public Schools: The Legal Question,
2015
The University of Akron
Corporal Punishment In The Public Schools: The Legal Question, William Irwin Arbuckle Iii
Akron Law Review
PUBLIC EDUCATION in the United States has come a long way since the one-room schoolhouse days. This phenomenal growth has been paced by the controversy surrounding the use of corporal punishment as a means of enforcing discipline in the schools. From the oldest reported case reaching the issue of corporal punishment' back in 1833 down to the present, the proponents of corporal punishment have had to defend their actions in the courts from a wide variety of attacks based on criminal law, tort law, state statutes, school board regulations and, most recently, constitutional guarantees. Although the attacks on corporal punishment …
Warrantless Search Of A College Dormitory,
2015
The University of Akron
Warrantless Search Of A College Dormitory, Ronald J. Bacigal
Akron Law Review
The first question the courts must consider is whether there are any limitations on when and how university officials may search a dormitory room. Since the fourth amendment has no application to searches and seizures conducted by private individuals, the courts have jurisdiction to review only state action infringing on the constitutional right to a reasonable expectation of privacy. In spite of indirect public financial support and state regulation of private universities, the courts have thus far held that the actions of private university officials are not to be considered as a form of state action. Thus this article is …
Religious Objections To The Death Penalty After Hobby Lobby,
2015
University of Washington School of Law
Religious Objections To The Death Penalty After Hobby Lobby, Danieli Evans
Articles
In Glossip v. Gross, the Supreme Court held that in order to prevail on the claim that a method of execution is cruel and unusual punishment, petitioners must prove that there is an available alternative that entails a lesser risk of pain. In this case, the state was using a method that is allegedly more painful than drugs used in the past because manufacturers of the preferable drugs objected to selling them for the purpose of executions. These manufacturers are not alone in their desire to boycott the death penalty. Many religious groups have declared opposition to the death …
Searches And Seizures - Banks And Banking - Witnesses - Right To Privacy; California Bankers Association V. Schultz,
2015
The University of Akron
Searches And Seizures - Banks And Banking - Witnesses - Right To Privacy; California Bankers Association V. Schultz, David F. Dybvig
Akron Law Review
FOLLOWING EXTENSIVE HEARINGS, Congress enacted what has become known as the Bank Secrecy Act of 1970. In California Bankers Association v. Schultz, certain parts of the Act were subjected to constitutional attack by various plaintiffs, including individual bank customers, a national bank, a bankers association, and the American Civil Liberties Union, representing itself and its bank customer members. The plaintiffs' challenges rested on the first, fourth, fifth, ninth, tenth, and fourteenth amendments.
Legislative Response To Furman V. Georgia - Ohio Restores The Death Penalty,
2015
The University of Akron
Legislative Response To Furman V. Georgia - Ohio Restores The Death Penalty, Jeffrey T. Heintz
Akron Law Review
THE ABOVE REPRESENTS the first inclusion of a prohibition against cruel and unusual punishments in any charter of any colony in the New World. Believed to be traceable to the Magna Charta, such a prohibition is now embodied in our eighth amendment. It has been the subject of much litigation and construction, most recently in Furman v. Georgia, where the death penalty, as then imposed, was declared to be invalid as cruel and unusual. Some states, including Ohio, have responded with new statutes controlling imposition of the death penalty in order to circumvent the Furman proscriptions. Only time will tell …
The Right To Resist An Unlawful Arrest: Judicial And Legislative Overreaction?,
2015
The University of Akron
The Right To Resist An Unlawful Arrest: Judicial And Legislative Overreaction?, James B. Lindsey
Akron Law Review
THIS COMMENT will focus on the subject of the right to resist an unlawful arrest. The choice of this topic is the result of a change in the common law rule in a few key states which may herald the demise of this rule in all of the states. It is also of particular note that the State of Ohio has seen fit to alter its position on the common law rule recently.' In its essence, this writing will address itself to the clash between the American legal tradition of providing an effective legal remedy for every actionable harm or …
The Right To Resist An Unlawful Arrest: Judicial And Legislative Overreaction?,
2015
The University of Akron
The Right To Resist An Unlawful Arrest: Judicial And Legislative Overreaction?, James B. Lindsey
Akron Law Review
THIS COMMENT will focus on the subject of the right to resist an unlawful arrest. The choice of this topic is the result of a change in the common law rule in a few key states which may herald the demise of this rule in all of the states. It is also of particular note that the State of Ohio has seen fit to alter its position on the common law rule recently.' In its essence, this writing will address itself to the clash between the American legal tradition of providing an effective legal remedy for every actionable harm or …
Admissibility Of In-Court Identifications; Unnecessarily Suggestive Out-Of-Court Identifications; Due Process; Manson V. Brathwaite,
2015
The University of Akron
Admissibility Of In-Court Identifications; Unnecessarily Suggestive Out-Of-Court Identifications; Due Process; Manson V. Brathwaite, Frank A. Barbieri Jr.
Akron Law Review
Prior to the Supreme Court's decision in Manson v. Brathwaite, a substantial amount of confusion existed concerning the judicial test which was to be applied to in-court and out-of-court criminal identification procedures. The Court, in the case of Stovall v. Denno, had first set forth a two stage test for determining whether such procedures were violative of due process. While later cases were somewhat unclear, the Stovall test continued to be used. When the Court again confronted the identification procedure question in the case of Neil v. Biggers, a new "totality of the circumstances" test was set forth. …
Fools Rush In Where Lawyers Would Better Tread: The Right To Self-Representation And Related Standards Of Competency,
2015
Touro University Jacob D. Fuchsberg Law Center
Fools Rush In Where Lawyers Would Better Tread: The Right To Self-Representation And Related Standards Of Competency, Julia M. Capie
Touro Law Review
No abstract provided.
Public Danger,
2015
Yale Law School
Public Danger, James Dawson
Cardozo Law Review
This Article provides the first account of the term "public danger," which appears in the Grand Jury Clause of the Fifth Amendment. Drawing on historical records from the seventeenth and eighteenth centuries, the Article argues that the proper reading of "public danger" is a broad one. On this theory, "public danger" includes not just impending enemy invasions, but also a host of less serious threats (such as plagues, financial panics, jailbreaks, and natural disasters). This broad reading is supported by constitutional history. In 1789, the first Congress rejected a proposal that would have replaced the phrase "public danger" in the …
Holding The Line: Customs And Border Protection's Expansion Of The Border Search Exception And The Ensuing Destruction Of Interior Fourth Amendment Rights,
2015
Benjamin N. Cardozo School of Law
Holding The Line: Customs And Border Protection's Expansion Of The Border Search Exception And The Ensuing Destruction Of Interior Fourth Amendment Rights, Hannah Robbins
Cardozo Law Review
No abstract provided.
Corporate Rights And Individual Interests: The Corporate Right To Privacy As A Bulwark Against Warrantless Government Surveillance,
2015
Benjamin N. Cardozo School of Law
Corporate Rights And Individual Interests: The Corporate Right To Privacy As A Bulwark Against Warrantless Government Surveillance, Kayla Robinson
Cardozo Law Review
No abstract provided.
In The Beginning There Was None: Supreme Court Review Of State Criminal Prosecutions,
2015
University of Richmond School of Law
In The Beginning There Was None: Supreme Court Review Of State Criminal Prosecutions, Kevin C. Walsh
Notre Dame Law Review
This Article challenges the unquestioned assumption of all contemporary scholars of federal jurisdiction that section 25 of the Judiciary Act of 1789 authorized Supreme Court appellate review of state criminal prosecutions. This Article resurrects Charles Hammond’s arguments and contends that he was right: the best interpretation of section 25 is that it did not encompass Supreme Court appellate review of state criminal prosecutions. Others may reasonably disagree with this Article’s ultimate interpretive conclusion about section 25’s limited reach even while acknowledging the strength of the various supporting arguments. Accordingly, this Article’s basic claim comes in both a strong version and …
