Rules for Courts: The Role of Lawyers, Judges, Professors and Government

1978 ◽  
Vol 13 (4) ◽  
pp. 459-473
Author(s):  
Jack B. Weinstein
Keyword(s):  
United States ◽  
Criminal Procedure ◽  
The United States ◽  
Civil Procedure ◽  
Federal Courts ◽  
Criminal Trials ◽  
The Rule Of Law ◽  
Independent Judiciary ◽  
The Supreme Court

This discussion covers some methods and institutions for changing procedures in the courts. More particularly, I refer to procedures for conducting litigations in courts of general jurisdiction, that is to say, civil procedure, criminal procedure and evidence.Since criminal procedure and evidence are controlled here by statutes, I realize that when the terms “rules” or “regulations” are used you would normally think only of civil procedure. I use the term “rules” in a broader sense since in federal courts in the United States, most procedure governing civil and criminal trials and appeals, including evidence, stems from rules promulgated by the Supreme Court of the United States, subject to modification by Congress.I shall describe briefly the history and present situation in the United States, making some reference to the British method, touch on the Israeli method, and then draw some general conclusions, raising some questions about the Israeli pattern as I understand it. These countries are comparable since each has a strong, independent judiciary and a tradition of freedom and the rule of law.

scholarly journals THE CONCEPT AND THE CONTENT OF THE INTERROGATION OF THE SUSPECT IN CUSTODY IN CRIMINAL PROCEDURE IN THE UNITED STATES

2019 ◽  
Vol 1 (40) ◽  
Author(s):  
Miodrag N. Simović ◽  
Vladimir M. Simović
Keyword(s):  
United States ◽  
Supreme Court ◽  
Criminal Procedure ◽  
The United States ◽  
Federal Courts ◽  
The State ◽  
Constitutional Rights ◽  
The Supreme Court ◽  
The Right ◽  
The U.S

The paper analyses some relevant issues related to the treatment oflaw enforcement officers in the United States after a person has been taken intocustody or otherwise deprived of liberty, which requires informing that personof his/her constitutional rights. In the landmark decision Miranda v. Arizona(1966), the Supreme Court of the United States set standards for law enforcementofficers to follow when interrogating suspects held in custody.Suspects who are subject to custodial interrogation must be warned of theirright to remain silent; that any statements they make may be used as evidenceagainst them; that they have a right to an attorney; and if they cannot afford anattorney, the State will assign them one prior to any questioning, if they so wish.According to Miranda, unless those rights are not read, any evidence obtainedduring the interrogation may not be used against the defendant.Ever since Miranda was decided, state and federal courts have struggled witha number of issues with regard to its application, including the suspect’s beingin custody, which entitles the suspect to being readMiranda rights, the suspect’swaiving the right to have an attorney present during questioning. Some decisionsby the U.S. Supreme Court have attempted to answer these difficult questions.

The Role of Courts in Rifted Democracies

1999 ◽  
Vol 33 (2) ◽  
pp. 216-258 ◽  
Author(s):  
Ruth Gavison
Keyword(s):  
Supreme Court ◽  
Rule Of Law ◽  
Judicial Review ◽  
Public Life ◽  
The Political ◽  
The Rule Of Law ◽  
Independent Judiciary ◽  
The Supreme Court ◽  
Harsh Criticism

A discussion of the role of courts in Israel today demands some introductory remarks. The Supreme Court and the President of the Supreme Court enjoy great acclaim and respect within Israel and abroad, but have recently come under attack from a variety of sources. These attacks are often confused, and many of them are clearly motivated by narrow partisan interests and an inherent objection to the rule of law and judicial review. But these motives do not necessarily weaken the dangers which the attacks pose to the legitimacy of the courts in general, and the Supreme Court in particular, in Israel's public life. The fact that in some sectors extremely harsh criticism of the court is seen to be an electoral boost, testifies to the serious and dangerous nature of the threat. This situation creates a dilemma for those who want a strong and independent judiciary, believing it is essential for freedom and democracy, but who also believe that, during the last two decades, the courts have transgressed limits they should respect. The dilemma becomes especially acute when the political echo sounds out in one's criticism, and when one is part of the group that believes that the legal and the judicial systems have made some contribution to the prevalence of these hyperbolic and dangerous attacks, as I am.

Prosecutors Post-Conviction

2021 ◽  
pp. 170-182
Author(s):  
Brandon L. Garrett
Keyword(s):  
United States ◽  
Criminal Procedure ◽  
The United States ◽  
Traditional Model ◽  
Police Misconduct ◽  
Forensic Evidence ◽  
New Evidence

In recent years, the involvement of prosecutors in post-conviction proceedings has begun to change from a strictly adversarial to a more investigative and remedial posture. Particularly in the United States, prosecutors’ offices have taken the affirmative responsibility to conduct post-conviction investigations of closed cases. A growing number of exonerations occur because prosecutors themselves agree to review new evidence of innocence or locate it themselves. Prosecutors have created specialized conviction integrity units tasked with reviewing such cold cases. They have created units to conduct other types of audits and reviews to investigate systemic issues, including regarding forensic evidence and police misconduct. They have even, in some offices, conducted investigations of their own conduct. Although most offices may follow a traditional model in which work largely consists in defending final convictions, there has been a notable trend towards experimentation with reconception of the post-conviction role of prosecutors. This chapter describes each of those changes and describes their implications for post-conviction criminal procedure.

Judicial Deference in Foreign Relations

1989 ◽  
Vol 83 (4) ◽  
pp. 805-813 ◽  
Author(s):  
Jonathan I. Charney
Keyword(s):  
United States ◽  
Foreign Policy ◽  
Rule Of Law ◽  
Foreign Relations ◽  
The United States ◽  
Federal Courts ◽  
Policy Implications ◽  
The Political ◽  
The Rule Of Law ◽  
The Law

Disputes with foreign policy implications have often been brought to the federal courts. These cases call attention to the tension between the authority of the political branches to conduct the foreign relations of the United States and the authority of the courts to render judgments according to the law. How this tension is resolved, in turn, bears directly on the commitment of the United States to the rule of law.

Decisions of the Supreme Court of the United States on Constitutional Questions: 1914–1917. I

1918 ◽  
Vol 12 (1) ◽  
pp. 17-48 ◽  
Author(s):  
Thomas Reed Powell
Keyword(s):  
United States ◽  
Supreme Court ◽  
The United States ◽  
Chief Justice ◽  
The Supreme Court ◽  
Republican Nomination

In previous issues of this Review Professor Wambaugh and the late Judge McClain have summarized the decisions of the Supreme Court on constitutional questions from 1909 to 1914. It is the purpose of this and a succeeding paper to deal in like manner with the decisions of the last three years. Owing to the number of cases decided during the triennium, the writer must content himself with the rôle of annalist and refrain from assuming that of analyst. For the benefit of those who desire fuller comment or criticism, references are given to articles and notes in various legal periodicals discussing the more important cases.Since the expiration of the October term of 1913, three changes have occurred in the personnel of the bench. Mr. Justice Lurton died July 12, 1914, and his successor, Mr. Justice McReynolds, took his seat October 12, 1914. Illness prevented Mr. Justice Lamar from participating in any of the decisions of the October term of 1915. He died on January 2, 1916. The commission of Mr. Justice Brandeis, who succeeded him, was not recorded until June 5, 1916, so that during the 1915 term only eight justices participated in the work of the court. Mr. Justice Hughes resigned June 10, 1916, to accept the Republican nomination for the presidency, and his successor, Mr. Justice Clarke, took his seat on October 9, 1916. The bench as at present constituted consists of Chief Justice White, appointed associate justice by President Cleveland and chief justice by President Taft; Mr. Justice McKenna, appointed by President McKinley; Justices Holmes and Day, appointed by President Roosevelt; Justices Van Devanter and Pitney, appointed by President Taft; and the three new justices appointed by President Wilson.

The Creative Role of the Supreme Court of the United States

1957 ◽  
Vol 9 (4) ◽  
pp. 847
Author(s):  
Harvey M. Grossman ◽  
M. Ramaswamy
Keyword(s):  
United States ◽  
Supreme Court ◽  
The United States ◽  
The Supreme Court ◽  
Creative Role

scholarly journals Glimpses of Marshall in the Military

2017 ◽  
Author(s):  
Kevin C. Walsh
Keyword(s):  
United States ◽  
The United States ◽  
Federal Courts ◽  
John Adams ◽  
Quarter Century ◽  
State Legislator ◽  
The Supreme Court ◽  
Life Lessons ◽  
The Military ◽  
John Marshall

Before President John Adams appointed him as Chief Justice of the United States in 1801, John Marshall was a soldier, a state legislator, a federal legislator, an envoy to France, and the Secretary of State. He also maintained a thriving practice in Virginia and federal courts, occasionally teaming up with political rival and personal friend Patrick Henry. Forty-five years old at the time of his appointment to the Supreme Court, Marshall has been serving his state and his country for a quarter century before he took judicial office. Marshall is an exemplar of professional excellence for all lawyers and judges. But one looking for life lessons in the law from the life of John Marshall should not neglect his time as a soldier, before he became a lawyer.

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