The Failure of the Criminal Procedure Revolution

By Craig M. Bradley | Go to book overview
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Advisory Committee on the Federal Rules of Criminal Procedure, 4
Alschuler, Albert, 53
American Bar Association (ABA): Criminal Justice in Crisis, 2, 5; exclusionary rule, study of, 42-44
American Law Institute, 6; Model Code of Pre-Arraignment Procedure, 147
Amsterdam, Anthony, 65
Arrests, rules concerning: in Australia, 109; in Canada, 113; in England, 102; investigatory, 32
Australia: arrests in, rules concerning, 109; confessions in, rules concerning, 110; confessions in, tape recording requirement for, 111; exclusionary rule in, 109; searches in, rules concerning, 109
Australian Law Reform Commission, 112
Bail: prohibition on excessive, applied to states, 20
Bator, Paul, 147
Beale, Sara Sun, 172
Bevan, Vaughan, 96, 101
Black, Hugo L., 23, 26, 32
Blackmun, Harry, 32, 33, 65
Bookspan, Phyllis, 49n
Brennan, William J., Jr., 22, 26, 33, 62, 63, 66, 67, 75, 169
Brilmayer, R. Lea, 69
Burger, Warren, 30, 32, 33, 41, 65, 153
Burger Court, 1, 24, 33, 39, 73, 81, 165
Burton, Harold H., 68
Canada: arrests in, rules concerning, 113, 114; Charter of Rights, 112; consent searches in, rules concerning, 114; counsel in, right to, 114, 115; exclusionary rules in, 113, 115, 116; interrogations in, rules concerning, 114; searches in, rules concerning, 113; search warrants in, rules concerning, 113
Cardozo, Benjamin N., 71
Case-or-controversy limitation, 69-71
Certiorari grant, purpose of, 69
Clark, Ramsey, 30
Clark, Tom C., 27, 31
Clear rules/flexible response, 159; and uncertainty principle, 77
Confessions: coerced, 9, 24-27; law, "murky and difficult," 51; and "voluntariness test," 14-15, 26
Congress, United States: power to enact national code of criminal procedure, 145; power under Fourteenth Amendment, 86; reaction to Miranda, 29-30; role in criminal procedure reform, 145; veto authority only, 153
Constitution, United States, commerce clause, 147-48, 152. See also Due process; Fourth amendment; Fifth amendment; Sixth amendment
Counsel, right to: in Australia, 111; in Canada, 114, 115; in England, 103-4, 106; in France, 118; in Germany, 126; in Italy, at interrogations, 128; limited, 33; at lineups, 84-85, 165; police interrogation, 27, 28-29; at trial, 27
Criminal Justice in Crisis, 2, 5
Criminal procedure: Advisory Committee on the Federal Committee on, 4; case by case resolution in, 78; and


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The Failure of the Criminal Procedure Revolution


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