scholarly journals Criminal Procedure: Search and Seizure: Federal Court Injunction against State Officer to Suppress Illegally Obtained Evidence in a State Court

1961 ◽  
Vol 60 (2) ◽  
pp. 217
Author(s):  
S. Anthony Benton
Keyword(s):  
Criminal Procedure ◽  
Federal Court ◽  
State Court ◽  
Search And Seizure

scholarly journals In the Beginning There Was None: Supreme Court Review of State Criminal Prosecutions

2017 ◽  
Author(s):  
Kevin C. Walsh
Keyword(s):  
Supreme Court ◽  
Federal Court ◽  
Structural Relationship ◽  
State Court ◽  
Court Decisions ◽  
Court System ◽  
Federal Law ◽  
Federal Judiciary ◽  
Federal Jurisdiction ◽  
In The Beginning

This Article challenges the unquestioned assumption of all contemporary scholars of federal jurisdiction that section 25 of the Judiciary Act of 1789 authorized Supreme Court appellate review of state criminal prosecutions. Section 25 has long been thought to be one of the most important provisions of the most important jurisdictional statute enacted by Congress. The Judiciary Act of 1789 gave concrete institutional shape to a federal judiciary only incompletely defined by Article III. And section 25 supplied a key piece of the structural relationship between the previously existing state court systems and the new federal court system that Congress constructed with the Act. It provided for Supreme Court appellate review of certain state court decisions denying the federal-law-based rights of certain litigants.

A Critique of Search and Seizure in Terms of a Search Warrant in South African Criminal Procedure: A Comparative Analysis

2019 ◽  
Vol 27 (4) ◽  
pp. 497-521
Author(s):  
Vinesh Basdeo
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
South African ◽  
Justice System ◽  
Criminal Procedure ◽  
Primary Objective ◽  
Search And Seizure ◽  
The South ◽  
Judicial Scrutiny ◽  
Search Warrant

The primary objective of this article is to determine whether the search and seizure measures employed in the South African criminal justice system are in need of any reform and/or augmentation in accordance with the ‘spirit, purport and object’ of the Constitution. This article analyses ‘search and seizure’ in the South African criminal justice system as is made possible by Chapter 2 of the Criminal Procedure Act 51 of 1977, which provides for search warrants, the entering of premises, and the seizure, of property connected with offences. It determines whether the required judicial scrutiny provides a real control upon the exercise of search and seizure powers. Search and seizure legal principles extracted from American criminal procedure will also be analysed for comparative purposes.

Courts: Federal Court Injunction against State Court Proceedings: Section 2283 of the Judicial Code

1958 ◽  
Vol 46 (2) ◽  
pp. 290
Author(s):  
K. D. Lyders
Keyword(s):  
Federal Court ◽  
State Court ◽  
Court Proceedings
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