NCJ Number
18146
Journal
Georgetown Law Journal Volume: 63 Issue: 2 Dated: (NOVEMBER 1974) Pages: 325-704
Date Published
1974
Length
380 pages
Annotation
AN ASSESSMENT AND DISCUSSION OF THE MAJOR TRENDS AND DEVELOPMENTS IN CRIMINAL CASES, COVERING ASPECTS OF THE JUDICIAL PROCESS FROM ARREST, INDICTMENTS, AND TRIAL THROUGH SENTENCING, APPEALS, AND CORRECTIONS.
Abstract
AS PART OF THE CONTINUING EFFORT TO PROVIDE THOSE INVOLVED IN THE CRIMINAL SYSTEM WITH A RESEARCH TOOL IN THE RAPIDLY DEVELOPING FIELD OF CRIMINAL LAW, THE GEORGETOWN LAW JOURNAL HAS, IN THIS CIRCUITS NOTE, ASSESSED THE DEVELOPMENTS IN CRIMINAL CASES DECIDED BY THE UNITED STATES CIRCUIT COURTS OF APPEALS BETWEEN JUNE 1, 1973, AND JUNE 1, 1974, AND BY THE SUPREME COURT DURING ITS 1973-1974 TERM. REFERENCES TO THE FEDERAL RULES OF CRIMINAL PROCEDURE ARE INCLUDED WHERE APPROPRIATE. REFERENCES ALSO ARE MADE TO THE PROPOSED FEDERAL RULES OF EVIDENCE, ALTHOUGH THE STATUS OF THESE RULES IN CONGRESS AND THE UNCERTAINTY ABOUT THEIR FINAL FORM PRECLUDED COMPREHENSIVE TREATMENT. THE BASIC ORGANIZATION OF THIS CIRCUITS NOTE FOLLOWS THE CHRONOLOGICAL PROGRESSION OF THE CRIMINAL PROCESS AND INCLUDES SECTIONS ON ARREST, SEARCH AND SEIZURE, IDENTIFICATIONS AND CONFESSIONS, PRELIMINARY PROCEEDINGS, GENERAL CONDUCT OF TRIAL, EVIDENCE, AND ELEMENTS AND DEFENSES. ALSO INCLUDED ARE SECTIONS ON JURY INSTRUCTIONS, SENTENCING, REVIEW PROCEEDINGS, PRISONER'S RIGHTS, PAROLE AND PROBATION REVOCATION PROCEEDINGS, AND DETAINERS. THE FINAL SECTIONS TREAT JUVENILE PROCEEDINGS, WHICH FALL OUTSIDE THE NORMAL CRIMINAL PROCESS, AND CONSTITUTIONAL CHALLENGES THAT MAY BE DIRECTED AGAINST THE FUNDAMENTAL VALIDITY OF ENTIRE CRIMINAL PROCEEDINGS. WITHIN EACH SECTION, THE PROBLEMS ARISING FREQUENTLY OR DEEMED IMPORTANT BY THE COURTS THIS TERM PROVIDE THE FOCUS FOR DISCUSSIONS, WHICH INCLUDE BRIEF STATEMENTS OF BACKGROUND, ASSESSMENTS OF TRENDS, AND DESCRIPTIONS OF THE MOST IMPORTANT CASES. THE MAJORITY OF THE CASES ARE CITED IN APPROPRIATE FOOTNOTES. (SNI ABSTRACT)