[PDF] Top 20 Criminal Law: Student Comments

... EXCLUSION OF UNCONSTITUTIONALLY SEIZED EVIDENCE AT THE PRELIMINARY HEARING Today, sixty-one years after the Supreme Court of the United States first imposed the "exclusionary rule" on th[r] ... See full document

... Yet, under the courts' present method of applying the test, many defendants are declared incompetent who are properly able to stand trial, because the presence of mental disease does not[r] ... See full document

... § 1983, where one's right to be free from unreasonable searches and seizures has been denied under color of state law," and the right to state a cause of action for damages against feder[r] ... See full document

... Whether or not discovery is constitutionally required, discovery rights, in varying degrees, are accorded to defendants either by statute or by judge-made law." Some statutes preclude di[r] ... See full document

... The Supreme Court has never specifically addressed the issue"' and there is considerable disagreement about the extent to which the judge has a duty to determine before trial whether the[r] ... See full document

... It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons.... CRIMINAL LAW COMMENTS[r] ... See full document

... United States,48 held that the accused in a criminal trial could not, under any circumstances, waive his right to a unanimous verdict, since this right is an "inescepable element of due [r] ... See full document

... Tlie jurisdiction of the Family Court is not exclusive, although the statute would seem to indicate so, since the Illinois Constitution confers primary jurisdiction upon the circuit cour[r] ... See full document

... differences the courts must balance the right of a citizen action police illegal an is movement of freedom to move freely about without any undue restraint 8 Also, not evidence.' of supp[r] ... See full document

... Upon conviction for any misdemeanor or felony, except drug offenses, where the defendant is found to be addicted, and the court determines that the crime was committed solely for purpose[r] ... See full document

... 10-15, 1951 and provided that: Upon motion of a defendant at any time after the filing of the indictment or information and on a showing that the items sought may be material to the prep[r] ... See full document

... prisoner was given the right to receive aid from a Although these practical considerations adfellow inmate." The court said that a state prison vanced for some limitations on a prisoner'[r] ... See full document

... 4 Many statutes provide that if an alleged sexual psychopath is already on trial for some crime, the trial judge may, in his discretion, arrest the proceedings at any point and order a m[r] ... See full document

... In some jurisdictions, legislative approval of the reliability of the drunkometer has been given," and the Supreme Court of New Jersey has held that judicial notice of breath devices is [r] ... See full document

... Another class of cases is that in which the informer participates in the crime.3 ' Because of his participation, the informer can be considered a material witness, and failure to disclos[r] ... See full document

... Judge Frank strongly dissented on the ground that contempt cases do not involve the same issues as change of venue cases and should not be subject to the same standards of proof.' In the[r] ... See full document

... He stated that the fourteenth amendment does not enact a rigid exclusionary rule for confessions based on compulsive practices-rather it guarantees against a conviction based on untrustw[r] ... See full document

... United States,"8 the Court of Appeals for the District of Columbia attempted to iron out this difficulty and concluded that the only rational view is that the Weeks and Wolf decisions, c[r] ... See full document

... Justice Fortas argued that it was time for the Court to decide whether a person suffering from the illness of alcoholism and exhibiting its symptoms or effects may be punished criminally[r] ... See full document

... Zierlion, advanced the res gestae argument as adopted from the law of evidence but made no reference to its use in the felony-murder cases in which context it is generally thought to ass[r] ... See full document