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Self-Defense In Kentucky: A Need For Clarification Or Revision, Robert G. Lawson, William S. Cooper

Law Faculty Scholarly Articles

Recent prosecutions have pushed Kentucky’s concept of self-defense beyond the limits of tolerance for complexity and confusion. There is little doubt that there exists a critical need to clarify or to revise the Kentucky law of self-defense. A demonstration of this need and a description of its nature are the principal objectives of this article. To accomplish these objectives, it is necessary to provide some information about the recent history of homicide and self-defense in Kentucky and to describe some important recent interpretations of this law by the Supreme Court of Kentucky.

Criminal Law—Child Abuse Resulting In Death—Arkansas Amends Its First Degree Murder Statute, Paul H. Taylor

University of Arkansas at Little Rock Law Review

No abstract provided.

Criminal Law—Manslaughter—A Fetus Is Not A Person As The Term Is Used In The Manslaughter Statute, John T. Shannon

University of Arkansas at Little Rock Law Review

No abstract provided.

Constructive Murder And The Charter: In Search Of Principle, A. Wayne Mackay, Isabel Grant

Articles, Book Chapters, & Popular Press

This article explores the principle of "constructive" murder and how it interacts with the sentencing and the parties sections of the Criminal Code. The authors re-examine these issues in light of the Charter. They conclude that constructive murder has no place in a post-Charter Canada.

Criminal Law, Richard A. Williamson

Faculty Publications

No abstract provided.

Should Virginia Put The Planning Back Into The Premeditation Required For Murder?

Washington and Lee Law Review

No abstract provided.

The Jury And The English Law Of Homicide, 1200-1600, Thomas A. Green

Articles

The early English jury was self-informing and composed of persons supposed to have first-hand knowledge of the events and persons in question. The judge instructed the jury on the law, but was himself almost entirely dependent upon the jury for his knowledge of the case. By stating the evidence in a way that made the result it wanted a necessary conclusion, the medieval jury was able to alter the impact of formal rules of law to conform with prevailing social attitudes.

Evidence--Presumptions--Application Of The Deadly Weapons Presumption In West Virginia, John P. Carter

West Virginia Law Review

No abstract provided.

Review Of The King's Pardon For Homicide To A.D. 1307, Thomas A. Green

Reviews

NAOMI D. Hurnard's The King's Pardon for Homicide before AD 1307 is significant and instructive for both legal and social historians. The author has painstakingly pieced together the available evidence from a variety of classes of mediaeval English public records to achieve a clear statement of the law of excusable homicide, i.e., non-felonious but requiring a royal pardon. She has lucidly presented the procedure which marks out the legal life story of persons deserving pardon, from the pardonable slaying to the formal proclamation of the king's peace. But she has also accomplished much more. Through careful and generally sound use …

Societal Concepts Of Criminal Liability For Homicide In Medieval England, Thomas A. Green

Articles

THE early history of English criminal law lies hidden behind the laconic formulas of the rolls and law books. The rules of the law, as expounded by the judges, have been the subject of many studies; but their practical application in the courts, where the jury of the community was the final and unbridled arbiter, remains a mystery: in short, we know little of the social mores regarding crime and crimi- nals. This study represents an attempt to delineate one major aspect of these societal attitudes. Its thesis is that from late Anglo-Saxon times to the end of the middle …

A Study In The Treatment Of Crime And Law Enforcement In The United States As Compared To The European Countries., George E. Glos

St. Mary's Law Journal

The United States holds a comparably higher crime rate than European countries in the area of homicide, aggravated assault, robbery, burglary, and incitation of riots. This article explores the differences existing in the treatment of serious crimes in the leading systems of criminal law and law enforcement. This study examines how the United States, compared with European countries, define subcategories of major crimes and establish the penalties, defenses, and the access to relief attached to each crime. Contrasted with the provisions of the various states of the United States, the European provisions are simpler and carry stiffer penalties. The object …

Criminal Law--Vicarious Liability--Robber Convicted Of Murder When Robbery Victim Killed Accomplice, Ronald B. Johnson

West Virginia Law Review

No abstract provided.

A Re-Examination Of The Law Of Homicide In 1971: The Model Penal Code, Roy Mitchell Moreland

Kentucky Law Journal

No abstract provided.

The Killing Of A Viable Fetus Is Murder - Keeler V. Superior Court

Maryland Law Review

No abstract provided.

Homicide And Succession To Property, William M. Mcgovern Jr.

Michigan Law Review

Today, most jurisdictions bar a killer from succeeding to his victim's property. The traditional rationale for that result is that a criminal should not be allowed to enrich himself by his crime. Assuming that this principle is sound, its application in individual cases often proves troublesome. What would happen, for example, if the crime were of a lesser degree than murder, and the killer had no intent to enrich himself? If the killer is barred, who should take what would have been his share under a will? Or, if the decedent and murderer held property jointly, should the killer forfeit …

Criminal Law Revision In Kentucky: Part I--Homicide And Assault, Robert G. Lawson

Kentucky Law Journal

No abstract provided.

Murder By Motorist

Washington and Lee Law Review

No abstract provided.

Kentucky Homicide Law With Recommendations, Roy Mitchell Moreland

Kentucky Law Journal

No abstract provided.

Proof Of The Corpus Delicti By Circumstantial Evidence Where The Body Is Never Found, John George Van Meter

West Virginia Law Review

No abstract provided.

Felony Murder, Transferred Intent, And The Palsgraf Doctrine In The Criminal Law, Wilfred J. Ritz

Washington and Lee Law Review

No abstract provided.

Criminal Law And Procedure -- 1958 Tennessee Survey, Charles H. Miller

Vanderbilt Law Review

In surveying the field of criminal law and procedure the cases presented to the supreme court during the year were little more than normal or typical. Several of the criminal cases are not presented in detail in this article, as they are dealt with in other survey sections.

Criminal Law - Felony - Murder-Guilt Of Robber For The Justifiable Killing Of His Accomplice By A Policeman, Nick E. Yocca S.Ed.

Michigan Law Review

The defendant was convicted of murder in the first degree for the death of his co-felon resulting from a wound inflicted by a policeman while the felons were fleeing the scene of a robbery. On appeal to the Supreme Court of Pennsylvania, held, reversed, one judge dissenting. For conviction in felony-murder, the killing must be done by the defendant or by one acting in furtherance of the felonious undertaking. One cannot be convicted for the consequences of lawful conduct of another person. Commonwealth v. Redline, 391 Pa. 486, 137 A. (2d) 472 (1958).

Book Reviews, Edward R. Hayes, Bennett B. Patterson, Elston Roady

Vanderbilt Law Review

Anatomy of a Murder

By Robert Traver

This novel of a killing and its consequences has great dramatic qualities and is outstanding in its description of the lawyer's role in defending one accused of crime. The author, who has written several other books under the name of Robert Traver, qualifies as a legal expert through many years of practice in the Upper Peninsula; he has also recently become a Justice on the Supreme Court of Michigan.

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Groups and the Constitution

By Robert A. Horn

The first chapter in the book, which deals with the growth of the freedom of …

People V. Wilburn, Jesse W. Carter

Jesse Carter Opinions

Although defendant engaged in a shoot-out with a retired police officer who walked in on a robbery, the evidence pointed to the conclusion that a bullet fired from defendant's gun killed a decedent. Thus, he was guilty of first-degree murder.

Comments, Various Editors

Villanova Law Review

No abstract provided.

Purposeful Reforms In Criminal Law, Lee E. Skeel

Cleveland State Law Review

What is the relation of the Office of the County Prosecutor or District Attorney to the job of public law enforcement? It is true that the county prosecutor's office has much to do with the civil practice of the law as the legal representative of the county Government, including public boards and commissions. Yet, may it ever be remembered, the proper enforcement of the public or criminal law is a matter of great importance to every resident of the community. It is important not only to protect the safety of the community from unlawful disturbances and aggressions against the peace …

People V. Granados [Dissent], Jesse W. Carter

Jesse Carter Opinions

Defendant was entitled to modification of his conviction of first degree murder to second degree murder because no competent evidence established that he engaged in sexual molestation of a child under the age of 14.

Criminal Law And Procedure -- 1957 Tennessee Survey, James B. Earle

Vanderbilt Law Review

Homicide: The statutory requirement that a killing be "willful; deliberate, malicious, and premeditated" for a finding of murder in the first degree is not applicable to a killing committed while in the perpetration of one of the felonies listed in the statute. This question arose in Farmer v. State, in which it appeared that the killing resulted from the setting on fire of a dwelling, i.e. arson, by the defendant. It was urged on appeal to the Tennessee Supreme Court that there was no proof of felonious homicide because there was no showing of an intent to kill nor even …

People V. Moore [Dissent], Jesse W. Carter

Jesse Carter Opinions

A verdict of first-degree murder was proper under the felony murder doctrine because the evidence showed that the killing occurred in the course of an attempted rape.

People V. Hardenbrook, Jesse W. Carter

Jesse Carter Opinions

The prior consistent statement of a witness was properly admitted to refute an inference of recent fabrication of the testimony. A lay witness was not competent to testify as to defendant's ability to commit premeditated murder.