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Articles 61 - 86 of 86
Full-Text Articles in Law
The Draftman's View Of The Revised Code, Richard H. Holmquist
The Draftman's View Of The Revised Code, Richard H. Holmquist
Washington Law Review
In this article, the author seeks to review the Code with the advantage of hindsight afforded by the passage of time since the completion of his activities as Reporter for the Judiciary Committee. Beyond this general review of the Code, the author will offer general observations concerning the process of code revision and the philosophy of the Code. Finally, the author will consider, in the context of the students' Notes appearing in this issue of the Washington Law Review, the effect adoption of the Code will have on criminal law in Washington.
A Hornbook To The Code, Anon
A Hornbook To The Code, Anon
Washington Law Review
This comment is designed to acquaint the reader with the major sections of the Revised Washington Criminal Code. In addition to analyzing the language and operative effect of each section, the student authors have compared each section with its counterpart under the present law and with the different positions taken by other modern revised criminal codes. This comment is intended to supplement, not replace, the official comments to the Code; therefore, the student authors have concentrated on raising a number of issues not dealt with in the official comments.
Statutory Control Of Campus Disorders In Washington: Effect Of R.C.W. §§ 28b.10.570-.573 (1970), Anon
Statutory Control Of Campus Disorders In Washington: Effect Of R.C.W. §§ 28b.10.570-.573 (1970), Anon
Washington Law Review
In 1970, the Washington Legislature enacted a campus disorder statute which makes it unlawful for any person to "intimidate by any threat of force or violence," or "interfere by force or violence" with any university, college, community college, or public school administrator, teacher or student who is peacefully discharging his duties. A conviction of the crime carries a maximum penalty of six months imprisonment and a fine of five hundred dollars. This note examines the scope of the new statute, its constitutionality and its potential for furthering the purposes of the criminal law. It is submitted that while the Washington …
A View From The Capitol, Brock Adams
A View From The Capitol, Brock Adams
Washington Law Review
A book review essay considering Crime in America: Observations on Its Nature, Causes, Prevention and Control, by Ramsey Clark (1970).
Criminal Law—Narcotics—Constructive Possession: Conviction Reversed Where No Positive Showing Of Dominion And Control Over Drugs Or Premises.—State V. Callahan,77 Wash. Dec. 2d 26, 459 P.2d 400 (1969), Anon
Washington Law Review
Defendant Hutchinson was arrested after Seattle police discovered narcotics during a search of a houseboat on which he had been a visitor during the previous two days. The only personal effects of the defendant which were found on the houseboat were two books on drugs, a set of broken scales, and two guns. There was no evidence offered to substantiate a claim that the defendant resided on the houseboat, or that he contributed significantly to its maintenance. No narcotics were found on the defendant's person, although various narcotics were discovered within the defendant's reach on and underneath a desk which …
A Common Sense Approach To Crime Control, Arval A. Morris
A Common Sense Approach To Crime Control, Arval A. Morris
Washington Law Review
A book review essay considering The Honest Politician's Guide to Crime Control, by Norval Morris and Gordon Hawkins (1969).
Survey Of Abortion Reform Legislation, Anon
Survey Of Abortion Reform Legislation, Anon
Washington Law Review
Abortion statutes seek two ends: 1) a definition of the crime of abortion and 2) the creation of a procedure for implementing the statute definition. Definition is accomplished by declaring purposeful miscarriage unlawful except in certain generalized situations. The procedure then designates who determines when an excepting situation exists. Therefore, the decision to terminate a pregnancy raises two issues—who shall make the decision and on what bases. This note will examine the impact of recent abortion reform legislation on these issues
Survey Of Abortion Reform Legislation, Anon
Survey Of Abortion Reform Legislation, Anon
Washington Law Review
Abortion statutes seek two ends: 1) a definition of the crime of abortion and 2) the creation of a procedure for implementing the statute definition. Definition is accomplished by declaring purposeful miscarriage unlawful except in certain generalized situations. The procedure then designates who determines when an excepting situation exists. Therefore, the decision to terminate a pregnancy raises two issues—who shall make the decision and on what bases. This note will examine the impact of recent abortion reform legislation on these issues
In Cold Blood—A True Account Of Multiple Murder And Its Consequences, By Truman Capote (1966), Norval Morris
In Cold Blood—A True Account Of Multiple Murder And Its Consequences, By Truman Capote (1966), Norval Morris
Washington Law Review
No abstract provided.
Legislative Efforts To Control Child Abuse In Washington, Anon
Legislative Efforts To Control Child Abuse In Washington, Anon
Washington Law Review
A newly-enacted Washington law permits, and attempts to encourage, the reporting of cases of physical child abuse to law enforcement agencies by physicians and dentists. Upon receipt of such a report, it is made the "duty" of the law enforcement agency to investigate and refer the case to the juvenile court. The new law provides that any person making such a report shall be immune from civil liability that he might have otherwise incurred for reporting the incident. The new law further provides that the physician-patient communication privilege shall not be a ground for excluding evidence in any judicial proceeding …
Criminal Law—Insanity Defense To First Degree Murder Charge—M'Naghten Reaffirmed, John H. Binns, Jr.
Criminal Law—Insanity Defense To First Degree Murder Charge—M'Naghten Reaffirmed, John H. Binns, Jr.
Washington Law Review
Don Anthony White, a Negro in his mid-twenties, was convicted of first degree murder by a King County jury. In State v. White, the Washington Supreme Court (three judges dissenting) affirmed the conviction and sentence which directed that the death penalty be imposed.
Criminal Law—Proximate Cause In Negligent Homicide, Gust S. Doces
Criminal Law—Proximate Cause In Negligent Homicide, Gust S. Doces
Washington Law Review
Defendant was charged with negligent homicide under RCW 46.56.0401 for causing the death of a pedestrian through the operation of a motor vehicle. The trial jury found the defendant guilty, but the trial judge entered an order arresting judgment and, in the alternative, granting a new trial. From this order the state appealed. In his trial memorandum, the judge ruled as a matter of law that the evidence was insufficient to show any causal relation between the defendant's state of intoxication and the resulting death to a pedestrian. The Washington Supreme Court in a 5-3 decision reversed and remanded with …
Criminal Law—Search Incident To An Arrest, Hayes Elder
Criminal Law—Search Incident To An Arrest, Hayes Elder
Washington Law Review
In a recent case, State v. Michaels, the Washington Supreme Court announced a new rule for search and seizure incident to an arrest: the purpose of the arrest circumscribes the area and nature of the search.
Conflict Of Laws—Statute Of Limitations; Criminal Law—Insanity—M'Naghten Rule Applied; Criminal Law—Presence Of Defendant At Trial; Civil Procedure—Motion For Involuntary Dismissal—Rule 41(B); Torts—Municipal Liability For Operation Of Fire Department;, Michael D. Garvey, Wayne Booth, Jr.
Conflict Of Laws—Statute Of Limitations; Criminal Law—Insanity—M'Naghten Rule Applied; Criminal Law—Presence Of Defendant At Trial; Civil Procedure—Motion For Involuntary Dismissal—Rule 41(B); Torts—Municipal Liability For Operation Of Fire Department;, Michael D. Garvey, Wayne Booth, Jr.
Washington Law Review
No abstract provided.
Criminal Law—Murder—Negligent Medical Treatment Intervening Between Defendant's Act And Decedent's Death, Charles B. Cooper
Criminal Law—Murder—Negligent Medical Treatment Intervening Between Defendant's Act And Decedent's Death, Charles B. Cooper
Washington Law Review
In reviewing a murder conviction, the Washington court recently was confronted with the problem of negligent medical treatment intervening between the defendant's act and the ensuing death. In affirming, the court apparently took the extreme position that proximate causation is solely a jury question, the inquiry on appeal being limited to a cause-in-fact analysis.
Thoughts On Capital Punishment, Arval Morris
Thoughts On Capital Punishment, Arval Morris
Washington Law Review
Legal practices vary in states which allow the death penalty, but a jury can usually levy or recommend life imprisonment. Nevertheless, capital punishment flourishes in states which provide the alternate penalty. In one way or another, this optional life-or-death feature of legal litany necessitates that jurymen answer: "Do you think this defendant ought to be killed?" Citizens shirk this decision and often refuse to serve on death penalty cases. If this practice of citizen disqualification becomes widespread, it may well raise the question eventually of whether the death penalty has systematically excluded citizens to such an extent that it no …
Criminal Law, Arval A. Morris
Criminal Law, Timothy R. Clifford
Criminal Law, Timothy R. Clifford
Washington Law Review
Covers cases on the right to counsel—waiver—indigent prisoners and on aiding and abetting distinguished—effect of knowledge.
Criminal Law, Robert L. Fletcher
Criminal Law, Robert L. Fletcher
Washington Law Review
Covers perjury by deposition—an abortive redefintion.
Criminal Law, Stanley M. Johanson
Criminal Law, Stanley M. Johanson
Washington Law Review
Coves cases on appeal—preservation of grounds—misconduct of the prosecuting attorney.
Criminal Law, Theordore D. Zylstra
Criminal Law, Theordore D. Zylstra
Washington Law Review
Covers cases on: bigamy—necessity of proving continued cohabitation; aiding and abetting—presence with intent to render assistance; and negligent homicide—degree of negligence required.
Criminal Law, William E. Love
Criminal Law, William E. Love
Washington Law Review
Covers laws on abandoned iceboxes, duty of the sheriff to file complaints, indecent liberties, mandatory sentences for certain traffic violations, prisoners, and terms of sentences.
Criminal Law, Frank D. Howard, Phillip Offenbacker
Criminal Law, Frank D. Howard, Phillip Offenbacker
Washington Law Review
Covers cases on perjury and what constitutes a valid oath, burglary and the effect of possessing stolen property when the possession is not exclusive (Howard), and habeas corpus and the scope of inquiry and attack of illegal sentence before the sentence has been served (Offenbacker).
Criminal Law, Samuel F. Pearce
Criminal Law, Samuel F. Pearce
Washington Law Review
Covers cases on the equivocal plea of guilty, on obtaining money by false pretenses, and on punishment for automobile theft.
Administration Of Criminal Law, By Ernest W. Puttkammer (1953), Gerhard O.W. Mueller
Administration Of Criminal Law, By Ernest W. Puttkammer (1953), Gerhard O.W. Mueller
Washington Law Review
The author based his work on lectures given in his course on criminal law administration which he has taught at the University of Chicago Law School for a number of decades. During all these years he has kept in close touch with the profession and has been an active member of numerous commissions and organizations working for improvement of our criminal laws. His book, therefore, is based on the experience of practice. The conclusions are arrived at after thoughtful considerations by an author who has a deep interest in the subject. The book is written in a pleasant and lively …
The Case Of Decasto Earl Mayer And Mary Ellen Smith, Hayden H. Hilling
The Case Of Decasto Earl Mayer And Mary Ellen Smith, Hayden H. Hilling
Washington Law Review
On September 5, 1928, James Eugene Bassett left his sister's home at Bremerton, Washington, with the intention of returning that evening, but was never seen again. Bassett's disappearance aroused nationwide interest and he was made the object of a most intensive but unavailing search. The unanswered question remains: Could a legally sufficient case be made against any defendant for the murder of Bassett, assuming overwhelming evidence of the defendant's connection with whatever catastrophe may have befallen him, but almost no independent evidence that he was dead and not merely missing? Due to an unfortunate chain of events, the question was …