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Articles 1 - 6 of 6
Full-Text Articles in Law
Criminal Law And Procedure - Admissibility Of Confessions - Exhortations To Tell The Truth, Dan K. Cook
Criminal Law And Procedure - Admissibility Of Confessions - Exhortations To Tell The Truth, Dan K. Cook
Michigan Law Review
Defendant, while in the custody of police officers, confessed to the crime of murder. It was shown that the police officers during the course of defendant's examination, stated to the defendant that "it was better for him to tell the whole truth," and ''You are not telling the truth, give us the truth on this," "You might as well tell the truth; to me now," "I advise you to tell the truth in this case." In the subsequent prosecution of the defendant for murder, it was held that the confession was properly admissible notwithstanding these statements by the officers. Commonwealth …
Criminal Law And Procedure - Physicians And Surgeons - Contraceptive Statutes And Implied Exceptions Thereto, Thomas K. Fisher
Criminal Law And Procedure - Physicians And Surgeons - Contraceptive Statutes And Implied Exceptions Thereto, Thomas K. Fisher
Michigan Law Review
A Massachusetts statute made the selling of any drug, medicine or instrument for the prevention of conception a criminal offense. The defendants, a doctor, a nurse, and two social workers, all connected with a charitable association, prescribed and sold contraceptives to non-pregnant, married women. Defendants' offer of proof, admitting the facts charged, but contending that the statute did not apply where the sale was made under a physician's prescription for the preservation of life or health, was found by the trial court to constitute no defense. Held, that the wording was plain and unequivocal allowing for no implied exception. …
Criminal Law And Procedure - Evidence - Dismissal Of Prosecution For Reference To Other Crimes Of Defendant, John Barker Waite
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 By State - Constitutionality Of Statutes-Due Process Of Law, Edward D. Ransom
Criminal Law And Procedure - Appeal By State - Constitutionality Of Statutes-Due Process Of Law, Edward D. Ransom
Michigan Law Review
Developing as a result of a period when an accused person was placed at a tremendous disadvantage at the hands of tyrannical judges exercising an unconscionable abuse of power, the concept that no person shall "be subject for the same offence to be twice put in jeopardy of life or limb" was put into the Fifth Amendment of the Federal Constitution and into many of the state constitutions. As a part of this double jeopardy concept, the American courts, from the first, established the rule that the state should not be allowed to appeal in a criminal prosecution. The accused, …
Criminal Law And Procedure - Appeal - Reversal Of Conviction Despite Guilt As Rebuke To The Administration Of Justice, Michigan Law Review
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 …
Witnesses - Effect Of Mental Deficiency On Competency And Credibility, Erwin B. Ellmann
Witnesses - Effect Of Mental Deficiency On Competency And Credibility, Erwin B. Ellmann
Michigan Law Review
Inquiry into the admissibility of evidence showing mental deficiency in a witness is suggested by State v. Teager, a recent decision of the Supreme Court of Iowa. Defendant, charged with assault with intent to commit rape, offered to prove by a school teacher that the complaining witness, a child twelve years old, was "at least two years behind in her school work . . . subnormal mentally . . . and ought to be in an institution . . . . " No objection had been made to the competency of such witness. It was held that the evidence …