[PDF] Top 20 Chapter 12: Criminal Law and Procedure

... On appeal the Supreme Judicial Court affirmed the holding of the trial court, reasoning that the prosecution sustained its burden of proving sanity beyond a reasonable doubt [r] ... See full document

... Criminal Law and Procedure SMU Law Review Volume 30 Issue 1 Annual Survey of Texas Law Article 13 1976 Criminal Law and Procedure Walter W Steele Jr Follow this and additional works at https //scholar[.] ... See full document

... Criminal Law and Procedure SMU Law Review Volume 31 Issue 1 Annual Survey of Texas Law Article 15 1977 Criminal Law and Procedure Vincent W Perini Follow this and additional works at https //scholar s[.] ... See full document

... Criminal Law and Procedure SMU Law Review Volume 28 Issue 1 Annual Survey of Texas Law Article 12 1974 Criminal Law and Procedure Robert P Davidow Follow this and additional works at https //scholar s[.] ... See full document

... Wade requires that in the case of post-indictment lineups without counsel occurring after June 12, 1967, testimony about lineup identifications is to be excluded per s[r] ... See full document

... The recent decisions of the United States Supreme Court in the area of criminal procedure have begun to have a considerable impact upon litigation in the Massachusetts [r] ... See full document

... One case has stated that "[t]here is nothing in the statutes of Massachusetts giving a person accused of a capital crime or any other crime a right to counsel[r] ... See full document

... Counsel for the defendant argued that since the statute, as amended, was operative before the case was entered in the Supreme Judicial Court, the defendant was entitled to i[r] ... See full document

... Peopcik,12 it is said: "It was nevertheless a question of fact for the jury to decide upon all the evidence, including the defendant's pos- session of the stolen[r] ... See full document

... Thus the need for counsel to protect the Fifth Amendment privi- lege comprehends not merely a right to consult with counsel prior to questioning, but also to have co[r] ... See full document

... One of the new amendments removes the mandatory imprisonment for first offenders, thus permitting a court to order probation with no incarceration at all or the parole b[r] ... See full document

... He appealed to the Supreme Judicial Court, claiming (1) that the Superior Court lost jurisdiction over him when it had been determined that he had not committed fi[r] ... See full document

... Other major recommendations advocated: formation of a statutory committee to bring about the long-range recommendations, particu- larly changes in the laws to elimina[r] ... See full document

... 1I It will be recalled that Page held that "the summary procedure established for dealing with sexually dangerous persons can be employed only to commit a perso[r] ... See full document

... The trial judge re- ported to the Supreme Judicial Court the questions of (1) whether the provisions of Section 12A are applicable to non-support cases, and (2) wh[r] ... See full document

... During the survey year the Supreme Judicial Court reviewed on a writ of error cases where the petitioner claimed that he had been de- prived of the right to effec[r] ... See full document

... The United States Supreme Court had never considered the general right of a sus- pect to the assistance of counsel at a state proceeding involving inter- rogation, prio[r] ... See full document

... no alerted criminal bent on flight, no fleeting opportunity on an open highway after a hazardous chase, no contraband or stolen goods or weapons, no confederates waiting to m[r] ... See full document

... Two other cases involving the Crime Commission this past year pertained to the efforts of the Commission to obtain information re- garding certain practices and tr[r] ... See full document

... After reaching this conclusion, the Supreme Judicial Court outlined the procedures that should be followed before interrogating prospective jurors as to possible racial prejudice, wh[r] ... See full document