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Articles 1 - 8 of 8
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Constitutional Law-Fifth Amendment-Privilege Against Self-Incrimination By Admission, Or Knowledge, Of Communist Activities, Morris G. Shanker
Constitutional Law-Fifth Amendment-Privilege Against Self-Incrimination By Admission, Or Knowledge, Of Communist Activities, Morris G. Shanker
Michigan Law Review
ln response to a subpoena, petitioner appeared as a witness before a United States district court grand jury. Several questions concerning· her knowledge and association with the Communist Party were put to her. In each case, she refused to answer the questions, claiming the constitutional privilege against self-incrimination. For refusal to answer these same questions when brought before the district court, petitioner was adjudged to be in contempt of court. The court of appeals affirmed the holdings, and certiorari was granted by the Supreme Court. Held, judgment reversed. The Smith Act makes it unlawful to advocate knowingly the desirability …
Criminal Law-Confessions And Due Process, Harold G. Christensen S. Ed.
Criminal Law-Confessions And Due Process, Harold G. Christensen S. Ed.
Michigan Law Review
Petitioner was arrested on suspicion of robbery and the next day confessed the theft of a car owned by a person who had been found dead a month previous. On the following evening, after a four and one-half hour "interview" with two F.B.I. agents, he "broke down and confessed the killing." Other confessions were made the next day and finally, after a detention of five days from the day of arrest, petitioner was taken before a committing magistrate. He was found guilty of murder at a trial in which these confessions were used against him. He sued out a writ …
Criminal Law-Confessions And Due Process, Harold G. Christensen S. Ed.
Criminal Law-Confessions And Due Process, Harold G. Christensen S. Ed.
Michigan Law Review
Petitioner was arrested on suspicion of robbery and the next day confessed the theft of a car owned by a person who had been found dead a month previous. On the following evening, after a four and one-half hour "interview" with two F.B.I. agents, he "broke down and confessed the killing." Other confessions were made the next day and finally, after a detention of five days from the day of arrest, petitioner was taken before a committing magistrate. He was found guilty of murder at a trial in which these confessions were used against him. He sued out a writ …
Habeas Corpus-Jurisdiction Of Federal Courts To Review Jurisdiction Of Military Tribunals When The Prisoner Is Physically Confined Outside The United States, Willis B. Snell S. Ed.
Habeas Corpus-Jurisdiction Of Federal Courts To Review Jurisdiction Of Military Tribunals When The Prisoner Is Physically Confined Outside The United States, Willis B. Snell S. Ed.
Michigan Law Review
The question of the power of federal courts to issue the writ of habeas corpus for a prisoner confined outside the territorial United States has not as yet been completely answered. Until recently, there were few instances in which anyone was confined outside the United States under the authority of the United States. However, during and since World War II, American military tribunals have exercised power over citizens and aliens, civilians and military personnel, in many parts of the world, and especially in Germany and Japan. Because of this extended use of military tribunals, the question of the power of …
Habeas Corpus-Jurisdiction Of Federal Courts To Review Jurisdiction Of Military Tribunals When The Prisoner Is Physically Confined Outside The United States, Willis B. Snell S. Ed.
Habeas Corpus-Jurisdiction Of Federal Courts To Review Jurisdiction Of Military Tribunals When The Prisoner Is Physically Confined Outside The United States, Willis B. Snell S. Ed.
Michigan Law Review
The question of the power of federal courts to issue the writ of habeas corpus for a prisoner confined outside the territorial United States has not as yet been completely answered. Until recently, there were few instances in which anyone was confined outside the United States under the authority of the United States. However, during and since World War II, American military tribunals have exercised power over citizens and aliens, civilians and military personnel, in many parts of the world, and especially in Germany and Japan. Because of this extended use of military tribunals, the question of the power of …
Military Habeas Corpus: Ii, Seymour W. Wurfel
Military Habeas Corpus: Ii, Seymour W. Wurfel
Michigan Law Review
The doctrine is well established that habeas corpus is an extraordinary remedy which will not ordinarily lie where the law has provided another remedy. The numerical pressure of habeas corpus petitions by all types of prisoners in recent years has reached such proportions as to constitute a major problem in the administration of justice. It has engaged the administrative consideration of judicial officers and been the subject of legislation both federal and state. The Chief Justice of the United States in an address before the American Bar Association on September 7, 1949 strikingly stated the problem and urged "that something …
Constitutional Law-Fourteenth Amendment-Discrimination In Selection Of Grand Jurors, Alan C. Boyd S. Ed.
Constitutional Law-Fourteenth Amendment-Discrimination In Selection Of Grand Jurors, Alan C. Boyd S. Ed.
Michigan Law Review
Defendant's conviction of murder was affirmed by the Texas Court of Criminal Appeals, which rejected defendant's claim that discrimination in selection of the indicting grand jury had violated his constitutional rights. Defendant pointed out that the Negro proportion of grand jurors had uniformly been less than the ratio of Negroes to the total population of the county, and that on the past twenty-one lists the commissioners had consistently limited the number of Negroes to not more than one on each grand jury. On certiorari to the United States Supreme Court, held, reversed. Limitation of the number of Negroes on …
Military Habeas Corpus: I, Seymour W. Wurfel
Military Habeas Corpus: I, Seymour W. Wurfel
Michigan Law Review
The mobilization of over twelve million persons into the armed forces in World War II made necessary a vastly expanded resort to court martial proceedings to enforce the criminal law. The trial by military tribunals of civilian employees of the military establishment in overseas areas and of prisoners of war and war crimes defendants added substantially to the number confined by military authority. On January 31, 1950, there remained in federal penal institutions 2508 prisoners serving civilian type felony sentences imposed by military tribunals. Before World War II, legal problems arising from attempts to invoke the remedy of habeas corpus …