Digital Commons Network^™

Revision Of Criminal Law -- Objectives And Methods, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Constitutional Law—Admission Of Evidence Obtained By Use Of Stomach Pump Violative Of Due Process, Joseph A. Taddeo

Buffalo Law Review

Rochin v. People of California, 72 S. Ct. 205 (1952).

Insanity As A Defense To Crime, James Daniel Cornette

Kentucky Law Journal

No abstract provided.

The Historical Development Of Self-Defense As Excuse For Homicide, Jack Lowery Jr.

Kentucky Law Journal

No abstract provided.

Constitutional Law-Due Process-Use Of Extraneous Evidence In Determining Criminal Sentence, Colvin A. Peterson, Jr. S. Ed.

Michigan Law Review

Petitioner was convicted of murder in the first degree with a recommendation for life imprisonment. In reliance on police and probation reports showing petitioner's background which included over thirty burglaries for which he had never been arraigned and a "morbid sexuality," the trial judge disregarded the jury's recommendation and imposed the death sentence. Although petitioner did not have an opportunity to examine the reports prior to the sentence hearing, he was represented by counsel at the hearing and did not challenge them at that time. Petitioner contended that he had been denied due process of law because his sentence had …

Injunctive Law Enforcement: Leaven Or Secret Weapon, Frank E. Maloney

Mercer Law Review

The historical development of English law resulted in the division of the law into three main branches: common law, equity, and criminal law. The common law as administered by the king's court developed into a rigid system of formal actions, with relief by way of money damages as the one remedy in personal actions. This development, together with the growth of highly technical rules of pleading, left many situations in which no adequate relief was available in those courts; and the resulting inflexibility of the system led to the growth of equity, under which the king's prerogative might be exercised …

Constitutionality Of Criminal Statutes Containing No Requirement Of Mens Rea

Indiana Law Journal

Criminal Law Note

Criminal Justice In Germany: Ii, Hans Julius Wolff

Michigan Law Review

The trial (Hauptverhandlung) is the main and central part of the whole criminal proceeding. All that is brought forward in the trial and only what is brought forward there can furnish the basis for the verdict. Whatever has preceded the trial proper becomes irrelevant as soon as the trial is opened.

The principles governing the trial are publicity, orality, immediateness, and concentration.

Criminal Justice In Germany, Hans Julius Wolff

Michigan Law Review

Criminal law and procedure, perhaps even more than civil, reflect the underlying conceptions of the political system with which they are connected. The ideological structure of criminal procedure in Germany, as well as in other continental European states, rests on the historical development through which constitutional institutions in those countries have passed since the French Revolution. It mirrors the transformation of the all-powerful state of the period of absolutism into the liberal state with its guaranteed freedoms and rights of the individual and strict legal limits to the power of the authorities (Rechtsstaat); and in recent years it has adapted …

The Proposed Federal Rules Of Criminal Procedure, James J. Robinson

Articles by Maurer Faculty

No abstract provided.

New Federal Criminal Rules: Objectives Of Federal Criminal Procedural Revision, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Criminal Law And Procedure - Remedies Available To Convicted Defendant When New Facts Are Found, Smith Warder

Michigan Law Review

Due to its haphazard growth and evolution, the Anglo-American system of jurisprudence occasionally left gaping defects in its general contours. Many of these defects have been and are being filled, both by statute and by the continuing development of the common law. However, there is one case which re-occurs with distressing frequency where no satisfactory remedy has been developed and where this lack of remedy can have unjust or even barbaric results.

The Law Of Arrest In Maryland, David Kauffman

Maryland Law Review

No abstract provided.

The Plans For The New Rules Of Criminal Procedure, James J. Robinson

Articles by Maurer Faculty

No abstract provided.

Criminal Appeals In America -- A Book Review, James J. Robinson

Articles by Maurer Faculty

No abstract provided.

Improper Discharge Of Jury Before Verdict As Double Jeopardy, C. L. C.

West Virginia Law Review

No abstract provided.

Criminal Law And Procedure - Evidence - Dismissal Of Prosecution For Reference To Other Crimes Of Defendant, John Barker Waite

Michigan Law Review

Any discussion of Judge Pecora's declaration of a mistrial in People v. Hines must adhere firmly to the fundamental proposition that every accused person, no matter how evident his guilt nor how great the hostility toward him, is entitled to a fair trial, conducted in accord with established rules, and to the verdict of a jury uninfluenced by improper factors. But did the judge's ruling perhaps exceed what was reasonably necessary to assure the defendant of these essentials?

Criminal Law And Procedure - Appeal - Reversal Of Conviction Despite Guilt As Rebuke To The Administration Of Justice, Michigan Law Review

Michigan Law Review

In a prosecution for murder the prosecuting attorney, in his opening address, improperly stated that the evidence would show that both defendants had previous records for burglary and robbery, had served time in penitentiaries, and that the state would ask that the two men be hanged on the basis of this and other evidence. No objection or move for a mistrial was made at the time by the defendants, nor was the court requested to instruct the jury to disregard the remarks. Defendants were unquestionably guilty of murder, the evidence for the state being conclusive, while that of the defendants …

Committee On Survey Of Crime, Criminal Law And Criminal Procedure, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Work Of England's Court Of Criminal Appeal, Arthur T. Vanderbilt

Washington Law Review

This article, written by the Chairman of the New Jersey Judicial Council, was first published in the sixth annual report of that body and later reprinted in the October, 1936, Issue of the Journal of the American Judicature Society. So much has been written in non-legal publications in this country concerning the efficiency of the English administration of criminal law and procedure that It will undoubtedly be of interest to the bar to be informed more exactly on the subject by the more detailed and exact research and comment of a member of the legal profession. With that idea in …

The Multiple Consequences Of A Single Criminal Act, Frank Edward Horack Jr.

Articles by Maurer Faculty

No abstract provided.

Constitutional Law - Federal Criminal Procedure - Short Form Indictment, James H. Roberton

Michigan Law Review

It is the purpose of this comment to discuss the validity under the Federal Constitution of an indictment, drawn in accordance with the proposed code, which would merely accuse the defendant of having committed some kind of "offense," and would leave the particulars of the offense to a bill of particulars.

The Right Of Appeal In Criminal Cases, Lester B. Orfield

Michigan Law Review

In the conduct of a criminal proceeding certain steps are regarded as essential. The accused must be brought before the court. There must be a preliminary investigation to insure that the case is one which should be prosecuted. Notice must be given to the accused of the offense charged. He must have an opportunity to prepare for trial, procure witnesses, and make needed investigations. He should have a speedy trial. He should have a fair trial before an impartial tribunal. Finally, there should be one review of the case as a whole by a suitable tribunal. The principle of a …

Attachment And Garnishment--Property Of Prisoner In Hands Of Officer--Custodia Legis

West Virginia Law Review

No abstract provided.

The Law Of Arrest In Relation To Contemporary Social Problems, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

The Investigating Magistrate (Juge D'Instruction) In European Criminal Procedure, Morris Ploscowe

Michigan Law Review

For nearly five centuries the distinctive figure in the preliminary stages of European criminal proceedings has been the investigating magistrate, known in France as the juge d'instruction. Although temporarily eclipsed by the revolutionary reforms in France in 1791, he was soon re-established. In other European countries the juge d'instruction continued to be the central figure in the preliminary procedure through all the reforms achieved by the liberal movements of the nineteenth century. The investigating magistrate has remained a purely Continental institution. In theory and in practice he embodies the essential difference between Continental and Anglo-American criminal procedure preliminary to trial.

Proposed Criminal Code Changes For Kentucky As Recommended In The Report In 1934 Of The Kentucky State Bar Association's Committee On The Code Of Criminal Procedure Of The American Law Institute, John A. Geyer, George T. Skinner

Kentucky Law Journal

No abstract provided.

Prosecution Appeals In West Virginia, Frank E. Horack Jr.

West Virginia Law Review

No abstract provided.

Prosecution Appeals In West Virginia, Frank Edward Horack Jr.

Articles by Maurer Faculty

No abstract provided.

Criminal Law And Procedure - Sufficiency Of Information

Michigan Law Review

In an information for murder, after a definite statement of time and place it was charged that the defendant "did then and there . . . shoot, wound and kill" the deceased. On appeal from the order of the lower court overruling his demurrer to the information, the defendant contended that the information was defective in that it failed to allege death within a year and a day or that the deceased died in the county where the information was filed. Held, both time and place were sufficiently stated and the demurrer was properly overruled. State v. Stone, …