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 6
... reason to think it is any different , Senator . Senator MCCLELLAN . You further said in that same opinion : " Under the guise of protecting legitimate individual rights , the majority aban- dons the balance we are charged with ...
... reason to think it is any different , Senator . Senator MCCLELLAN . You further said in that same opinion : " Under the guise of protecting legitimate individual rights , the majority aban- dons the balance we are charged with ...
Página 13
... reason to believe will follow within a few days . I am going to make some comments and observations about opinions you have rendered and statements you have made as a judge of the U.S. Court of Appeals for the District of Columbia ...
... reason to believe will follow within a few days . I am going to make some comments and observations about opinions you have rendered and statements you have made as a judge of the U.S. Court of Appeals for the District of Columbia ...
Página 14
... reason for being and we are very close to failing . PROTECTION FOR MAJORITY OF CITIZENS The overwhelming majority of people are decent and law abiding and we must ask — and judges among others must ultimately answer - of what value is a ...
... reason for being and we are very close to failing . PROTECTION FOR MAJORITY OF CITIZENS The overwhelming majority of people are decent and law abiding and we must ask — and judges among others must ultimately answer - of what value is a ...
Página 16
... reason- able people consider unsound . But policy is not the business of judges . I sincerely hope and I believe that you will maintain your regard for the doctrine of separation of powers as Chief Justice of the United States . The ...
... reason- able people consider unsound . But policy is not the business of judges . I sincerely hope and I believe that you will maintain your regard for the doctrine of separation of powers as Chief Justice of the United States . The ...
Página 19
... reason you find , not about this issue as such , but about the impact and the meaning of that refusal of certiorari . Does that close it so far as the Supreme Court is concerned ? Because you will find opinion now all over this country ...
... reason you find , not about this issue as such , but about the impact and the meaning of that refusal of certiorari . Does that close it so far as the Supreme Court is concerned ? Because you will find opinion now all over this country ...
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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...