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Constitutional Law-Evidence-Use Of Illegally Obtained Evidence And Due Process Of Law, Allan Neef S.Ed.
Constitutional Law-Evidence-Use Of Illegally Obtained Evidence And Due Process Of Law, Allan Neef S.Ed.
Michigan Law Review
It is fundamental, even in a federal system, that a state be free to regulate the procedure of its courts in accordance with its own conceptions of proper policy, subject only to constitutional limitations safeguarding individuals from arbitrary action by the state. In the United States this constitutional protection is two-fold-both state and federal constitutions acting as limitations on state action. As a result, a problem arises as to what extent the federal courts can, in the enforcement of federal constitutional limitations, override state criminal procedures and the policies underlying them. It is clear that the states have, by virtue …
Evidence-Admissibility Of Confessions In Federal Courts Under The Mcnabb Rule, Harry T. Baumann S.Ed.
Evidence-Admissibility Of Confessions In Federal Courts Under The Mcnabb Rule, Harry T. Baumann S.Ed.
Michigan Law Review
Defendant, after proper arraignment on a charge of as· sault, was questioned intermittently about and confessed to a murder. This confession, introduced at the trial in the District Court of Alaska, was instrumental in convicting the defendant of the graver charge. The court of appeals reversed because of a failure to file the murder complaint within a reasonable time. On certiorari, held, the confession, made after proper detention on a lesser charge, was legal and admissible if given freely; but case affirmed as modified on other grounds. United States v. Carignan, 342 U.S. 36, 72 S.Ct. 97 (1951).