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Criminal Law

Crimes

1976

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Criminal Redistribution Of Stolen Property: The Need For Law Reform, G. Robert Blakey, Michael Goldsmith Aug 1976

Criminal Redistribution Of Stolen Property: The Need For Law Reform, G. Robert Blakey, Michael Goldsmith

Michigan Law Review

Section I of this article describes various theft and fencing operations. As will be evident from that discussion, the most sophisticated fences are far removed from those receivers who are owners of seedy pawnshops or who indiscriminately select potential customers on the street, and thus they pose peculiar problems for law enforcement. Section II then identifies inadequacies in existing investigative techniques and in the substantive laws of receiving in light of modern theft and fencing operations. It proposes changes in the law and suggests appropriate law enforcement strategies to facilitate the detection and conviction of alleged fences. Needed changes in …


Some Non-Religious Views Against Proposed 'Mercy-Killing' Legislation Part Ii, Yale Kamisar Jan 1976

Some Non-Religious Views Against Proposed 'Mercy-Killing' Legislation Part Ii, Yale Kamisar

Articles

There have been and there will continue to be compelling circumstances when a doctor or relative or friend will violate The Law On The Books and, more often than not, receive protection from The Law In Action. But this is not to deny that there are other occasions when The Law On The Books operates to stay the hand of all concerned, among them situations where the patient is in fact ( 1 ) presently incurable, ( 2) beyond the aid of any respite which may come along in his life expectancy, suffering ( 3 ) intolerable and ( 4) …


Some Non-Religious Views Against Proposed 'Mercy-Killing' Legislation Part I, Yale Kamisar Jan 1976

Some Non-Religious Views Against Proposed 'Mercy-Killing' Legislation Part I, Yale Kamisar

Articles

In essence, Williams' specific proposal is that death be authorized for a person in the above situation "by giving the medical practitioner a wide discretion and trusting to his good sense." This, I submit, raises too great a risk of abuse and mistake to warrant a change in the existing law. That a proposal entails risk of mistake is hardly a conclusive reason against it. But neither is it irrelevant. Under any euthanasia program the consequences of mistake, of course, are always fatal. As I shall endeavor to show, the incidence of mistake of one kind or another is likely …


Juvenile Obscenity Statutes: A Proposal And Analysis, Jerold H. Israel, Rita Ann Burns Jan 1976

Juvenile Obscenity Statutes: A Proposal And Analysis, Jerold H. Israel, Rita Ann Burns

Articles

The article that follows is based largely upon a Study Report on juvenile obscenity statutes prepared for the Michigan Law Revision Commission. The objectives of the Report were (1) to analyze the various issues presented in drafting a juvenile obscenity provision, (2) to survey the treatment of those issues in statutes adopted by various states and statutes proposed by several distinguished commissions, and (3) to propose a comprehensive model statute that offers a choice of alternative provisions on key areas of controversy. Certain limitations placed upon the scope of the Report (and this article) should be noted. First, we were …


The Allocation Of Prosecution: An Economic Analysis, Michigan Law Review Jan 1976

The Allocation Of Prosecution: An Economic Analysis, Michigan Law Review

Michigan Law Review

This Note uses economic theory to reassess the division of prosecutorial tasks between victims and the government for offenses other than victimless offenses. It attempts to answer in a general manner questions such as why the prosecutor should differ from offense to offense and where ,the line should be drawn between governmental and individual prosecution. Work done in the areas of welfare economics and public finance concerning the effectiveness of government and the private sector in providing different sorts of goods is drawn upon heavily. This Note views prosecution as an economic good and a victim's prosecution of an offender …


Some Observations On The Disposition Of Ccw Cases In Detroit, Michigan Law Review Jan 1976

Some Observations On The Disposition Of Ccw Cases In Detroit, Michigan Law Review

Michigan Law Review

Part I of this Note details the disposition of cases alleging violations of the Michigan CCW statute that were brought in the Detroit recorder's court during 1973. Although the statute is only part of the current scheme of gun control in Michigan, it is the principal weapon available to the police and prosecutor in the preventive battle against the illegal use of firearms. To give meaning to the dispositional statistics and to aid in perceiving the over-all judicial attitude toward CCW cases, the statistical results of the study are compared with statistics on the disposition of cases involving felonies similar …