Nomination of Warren E. Burger: Hearing, Ninety-first Congress, First Session. June 3, 1969, Volume 4U.S. Government Printing Office, 1969 - 116 páginas |
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Página 7
... amended as the Constitution provides that it be amended ? Judge BURGER . Well , within the confines of a limited hearing , Sena- tor , Mr. Chairman , it might call for a lecture , which I am sure the committee does not want , to try to ...
... amended as the Constitution provides that it be amended ? Judge BURGER . Well , within the confines of a limited hearing , Sena- tor , Mr. Chairman , it might call for a lecture , which I am sure the committee does not want , to try to ...
Página 43
... Amendment right to counsel clause and without retroactive effect . Some people think the word " consensus " has become a " bad " word , but I for one do not . It is only by developing a consensus that any of the great issues of the ...
... Amendment right to counsel clause and without retroactive effect . Some people think the word " consensus " has become a " bad " word , but I for one do not . It is only by developing a consensus that any of the great issues of the ...
Página 49
... Amendment under which an accused person may not be required to testify . They go swiftly , efficiently and directly to the question of whether the accused is guilty . By our standards their system of finding the facts concerning guilt ...
... Amendment under which an accused person may not be required to testify . They go swiftly , efficiently and directly to the question of whether the accused is guilty . By our standards their system of finding the facts concerning guilt ...
Página 52
... Amendment requirement that only those statements elicited through compulsion be excluded from evidence . Indeed , Miranda itself cannot be read as going beyond the language of the Fifth Amend- ment . Any lingering doubts on this score ...
... Amendment requirement that only those statements elicited through compulsion be excluded from evidence . Indeed , Miranda itself cannot be read as going beyond the language of the Fifth Amend- ment . Any lingering doubts on this score ...
Página 54
... Amendment does not prevent proscription of utterances that comprises knowing and willful threats to the life or safety of the President . . . Simply because first amendment rights are in the ' balance , ' Congress is not precluded from ...
... Amendment does not prevent proscription of utterances that comprises knowing and willful threats to the life or safety of the President . . . Simply because first amendment rights are in the ' balance , ' Congress is not precluded from ...
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Palavras e frases frequentes
2d SERIES 395 FEDERAL REPORTER 90th Congress accused action Adam Clayton Powell administration American Bar Association appellant Powell Appellant's Appellees arrest Attorney Baker Burger as Chief Chairman Chief Justice claims Clause confession Congressional Constitution counsel Court of Appeals crime criminal justice criminal procedure D.C. Cir D.C. DEAR SENATOR DEAR SENATOR EASTLAND decisions dissenting opinion District Court District of Columbia evidence exclusion Federal Bar Association federal judicial Federal Rules Fifth Amendment Frazier hearing House of Representatives identification interrogation issue JAMES EASTLAND Judge Burger Judge Warren June jurisdiction Keahon L.Ed lawyers legislative Mallory matter McCORMACK Cite ment Miranda past president person police political question Powell's present problems qualifications record relief rulemaking S.Ct Select Committee Senate Judiciary Committee Senator DIRKSEN Senator TYDINGS speech statement statute supra note Supreme Court tion trial U.S. Court U.S. Senate United vote waiver Warren Burger Warren E Washington
Passagens conhecidas
Página 97 - If the interrogation continues without the presence of an attorney and a statement is taken, a heavy burden rests on the government to demonstrate that the defendant knowingly and intelligently waived his privilege against self-incrimination and his right to retained or appointed counsel.
Página 99 - Whatever the testimony of the authorities as to waiver of rights by an accused, the fact of lengthy interrogation or incommunicado incarceration before a statement is made is strong evidence that the accused did not validly waive his rights.
Página 72 - Prominent on the surface of any case held to involve a political question is found a textually demonstrable constitutional commitment of the issue to a coordinate political department; or a lack of judicially discoverable and manageable standards for resolving it; or the impossibility of deciding without an initial policy determination of a kind clearly for nonjudicial discretion; or the impossibility of a court's undertaking independent resolution without expressing lack of the...
Página 76 - The right to vote freely for the candidate of one's choice is of the essence of a democratic society, and any restrictions on that right strike at the heart of representative government.
Página 80 - In short, to things generally done in a session of the House by one of its members in relation to the business before it.
Página 42 - The premise for the Court's rule is not the general unreliability of eyewitness identifications nor the difficulties inherent in observation, recall, and recognition. The Court assumes a narrower evil as the basis for its rule — improper police suggestion which contributes to erroneous identifications. The Court apparently believes that improper police procedures are so widespread that a broad prophylactic rule must be laid down, requiring the presence of counsel at all pretrial identifications,...
Página 79 - The New Hampshire Constitution (Art. XXX, 1784) contained a provision virtually identical to Massachusetts'. In short "[fjreedom of speech and action in the legislature was taken as a matter of course by those who served the Colonies from the Crown and founded our Nation.
Página 75 - In a case of actual controversy within its jurisdiction, except with respect to Federal taxes, any court of the United States, upon the filing of an appropriate pleading, may declare the rights and other legal relations of any interested party seeking such declaration, whether or not further relief is or could be sought. Any such declaration, shall have the force and effect of a final judgment or decree and shall be reviewable as such.
Página 79 - In order to enable and encourage a representative of the public to discharge his public trust with firmness and success, it is indispensably necessary, that he should enjoy the fullest liberty of speech, and that he should be protected from the resentment of every one, however powerful, to whom the exercise of that liberty may occasion offence.
Página 42 - tainted fruit" determination required by the Court involves more than considerable difficulty. I think it is practically impossible. How is a witness capable of probing the recesses of his mind to draw a sharp line between a courtroom identification due exclusively to an earlier lineup and a courtroom identification due to memory not based on the lineup? What kind of "clear and convincing evidence...