Confirmation Hearings on Federal Appointments: Hearings Before the Committee on the Judiciary, United States Senate, One Hundredth Congress, First [-second] Session, on Confirmation of Appointments to the Federal Judiciary and the Department of JusticeU.S. Government Printing Office, 1989 |
Άλλες εκδόσεις - Προβολή όλων
Συχνά εμφανιζόμενοι όροι και φράσεις
action amendment American Bar Association appointed assets Board of Directors Browning-Ferris Industries Chairman Cherry Hills Cherry Hills Country CIRCUIT clients Code Collin County Colo Colorado Corporation counsel County Court of Appeals criminal dates defendant Denver District Attorney District Court district judge Eastern District elected fees filed Filers golf hearing Hills Country Club Houston income involved issue Judge LEVITT Judge ROBERTO judicial judicial activism jury Justice Erickson Konigsberg Kreindler & Kreindler Lake law firm law school lawsuit lawyer letter Levy liability litigation matter membership Miranda motion Nassau County nomination Office opinion partners partnership agreement Paul Simon plaintiffs practice President questionnaire questions record reporting period response Richard Schell rules schedule Senator LEAHY Senator SIMON Senator SPECTER Senator THURMOND Sim Lake sixth amendment statement Summit Supreme Court Thank Town of Hempstead trial Trupin U.S. District United States District United States Senate Washington York
Δημοφιλή αποσπάσματα
Σελίδα 254 - Once warnings have been given, the subsequent procedure is clear. If the individual indicates in any manner, at any time prior to or during questioning, that he wishes to remain silent, the interrogation must cease. At this point he has shown that he intends to exercise his Fifth Amendment privilege; any statement taken after the person invokes his privilege cannot be other than the product of compulsion, subtle or otherwise.
Σελίδα 254 - At this point he has shown that he intends to exercise his Fifth Amendment privilege; any statement taken after the person invokes his privilege cannot be other than the product of compulsion, subtle or otherwise. Without the right to cut off questioning, the setting of in-custody interrogation operates on the individual to overcome free choice in producing a statement after the privilege has been once invoked.
Σελίδα 252 - He must be warned prior to any questioning that he has the right to remain silent, that anything he says can be used against him in a court of law, that he has the right to the presence of an attorney, and that if he cannot afford an attorney one will be appointed for him prior to any questioning if he so desires.
Σελίδα 650 - File a suit, assert a position, conduct a defense, delay a trial, or take other action on behalf of his client when he knows or when it is obvious that such action would serve merely to harass or maliciously injure another.
Σελίδα 678 - Agreements Restricting the Practice of a Lawyer. (A) A lawyer shall not be a party to or participate in a partnership or employment agreement with another lawyer that restricts the right of a lawyer to practice law after the termination of a relationship created by the agreement, except as a condition to payment of retirement benefits.
Σελίδα 255 - Miranda opinion can sensibly be read to create a per se proscription of indefinite duration upon any further questioning by any police officer on any subject, once the person in custody has indicated a desire to remain silent.
Σελίδα 824 - The judge, even when he is free, is still not wholly free. He is not to innovate at pleasure. He is not a knight-errant, roaming at will in pursuit of his own ideal of beauty or of goodness. He is to draw his inspiration from consecrated principles. He is not to yield to spasmodic sentiment, to vague and unregulated benevolence. He is to exercise a discretion informed by tradition, methodized by analogy, disciplined by system, and subordinated to 'the primordial necessity of order in the social life.
Σελίδα 255 - Edwards, having expressed his desire to deal with the police only through counsel, is not subject to further interrogation by the authorities until counsel has been made available to him, unless the accused himself initiates further communication, exchanges, or conversations with the police
Σελίδα 273 - Court has concluded that the assistance of counsel is among those 'constitutional rights so basic to a fair trial that their infraction can never be treated as harmless error.
Σελίδα 824 - Cardozo wrote: ... the judge, even when he is free. Is still not wholly free. He Is not to innovate at pleasure. He is not a knight-errant, roaming at will In pursuit of his own Ideal of beauty or of goodness. He is to draw his inspiration from consecrated principles.