NCJ Number
66979
Journal
Georgetown Law Journal Volume: 68 Issue: 2 Dated: (DECEMBER 1979) Pages: COMPLETE ISSUE
Editor(s)
J R GARRETT
Date Published
1979
Length
410 pages
Annotation
A COMPREHENSIVE REVIEW AND ANALYSIS OF THE CRIMINAL CASES HANDED DOWN BY THE UNITED STATES SUPREME COURT AND BY THE UNITED STATES COURTS OF APPEAL BETWEEN 1978 AND 1979 IS GIVEN, WITH PRIMARY FOCUS ON CASE LAW.
Abstract
THE AREAS OF CRIMINAL LAW IN WHICH THE JUDICIAL DECISIONS WERE MADE INCLUDE INVESTIGATION AND POLICE PRACTICES. MORE SPECIFICALLY, THE AREAS ENCOMPASS THE SCOPE OF THE FOURTH AMENDMENT, ARREST, SEARCH WARRANTS, WARRANTLESS SEARCHES ON PROBABLE CAUSE AND OTHER EXCEPTIONS TO THE WARRANT REQUIREMENT, ELECTRONIC SURVEILLANCE, IDENTIFICATIONS, CONFESSIONS, AND THE EXCLUSIONARY RULE. A SECOND SECTION CONTAINS CASE DISPOSITIONS HIGHLIGHTING THE FOLLOWING ASPECTS OF PRELIMINARY PROCEEDINGS, PROSECUTORIAL DISCRETION, AND INDICTMENTS: GRAND JURY, PRELIMINARY HEARINGS, JOINDER AND SEVERANCE, BAIL DISCOVERY, MOTION FOR CONTINUANCE, SPEEDY TRIAL, COMPETENCE TO STAND TRIAL, GUILTY PLEAS, AND DOUBLE JEOPARDY ARE COVERED. THE THIRD SECTION CONCERNS TRIAL PROCEDURES, AND DEALS WITH THE RIGHT TO COUNSEL, RIGHT TO JURY TRIAL, JURY SELECTION, AND CONTROL OF THE JURY. FURTHER TOPICS ARE THE CONDUCT OF THE TRIAL JUDGE, PROSECUTORIAL MISCONDUCT AT TRIAL, PRIVILEGE AGAINST SELF-INCRIMINATION, AND SIXTH AMENDMENT ISSUES AT TRIAL. THE FOURTH SECTION RELATES TO SENTENCING, PAROLE, AND PROBATION, WHILE THE FIFTH IS DEVOTED TO REVIEW PROCEDURES (E.G., MANDAMUS, APPEAL, HABEAS CORPUS FOR FEDERAL PRISONERS, HABEAS RELIEF FOR STATE PRISONERS. FINALLY, VARIOUS ASPECTS OF PRISONER'S RIGHTS, INCLUDING DUE PROCESS, ARE EXAMINED. A CASE INDEX, SUBDIVIDED INTO SUPREME COURT AND APPELLATE COURT CASES, IS APPENDED, WITH REFERENCE TO BOTH THE TEXT AND THE EXTENSIVE FOOTNOTES INCLUDED IN THE TEXT.