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Full-Text Articles in Law

Institutional And Post-Institutional Treatment Of The Sex Offender, Thomas P. Wall Jr., Chalmers P. Wylie Dec 1948

Institutional And Post-Institutional Treatment Of The Sex Offender, Thomas P. Wall Jr., Chalmers P. Wylie

Vanderbilt Law Review

The problem of the sex offender is as old as society itself. Today, as in the distant past, man is more concerned, in the first instance, with protecting himself and his loved ones from the corrupting touch of the so-called "sex-fiend" than he is with the punishment, treatment or cure of such persons. This phenomenon of social psychology still prevails in spite of the growing preachments of the doctor, psychologist, criminologist and more recently, of the lawyer prosecutor, the lawyer law-maker and the lawyer practitioner,' to the effect that the primarily desirable end of protecting society can best be achieved …


Criminal Law - Statutory Interpretation - Possession Of Gambling Devices As Misdemeanor, Richard B. Gushée Dec 1948

Criminal Law - Statutory Interpretation - Possession Of Gambling Devices As Misdemeanor, Richard B. Gushée

Michigan Law Review

In raiding a warehouse, a sheriff found forty-six dust-covered slot machines with payoff slots covered and containing no payoff mechanisms. There was no evidence that the machines had ever been used. Appellant had rented the warehouse for the purpose of storing the machines. His testimony showed that he owned the machines and was a dealer engaged in buying and selling them. He was indicted under a statute reading: "Any person who, by himself or with another, shall keep, maintain, employ, or carry on any lottery or other scheme or device for the hazarding of any money or valuable thing shall …


Constitutional Law-Procedural Due Process In Criminal Cases-Adequacy Of Remedies In State Courts To Raise The Questions, David H. Armstrong S.Ed. Nov 1948

Constitutional Law-Procedural Due Process In Criminal Cases-Adequacy Of Remedies In State Courts To Raise The Questions, David H. Armstrong S.Ed.

Michigan Law Review

This comment will not attempt to consider the guarantees of a fair trial, but will deal with the remedies available to a person confined in a state prison in his attempt to secure relief on the ground of an asserted violation of such guarantees in the conduct of his trial.


Constitutionality Of Criminal Statutes Containing No Requirement Of Mens Rea Oct 1948

Constitutionality Of Criminal Statutes Containing No Requirement Of Mens Rea

Indiana Law Journal

Criminal Law Note


To What Extent Does The Privilege Against Self-Incrimination Protect A Witness Against Forced Production Of Documents, Herschiel S. Barnes, Charles K. Cosner Jun 1948

To What Extent Does The Privilege Against Self-Incrimination Protect A Witness Against Forced Production Of Documents, Herschiel S. Barnes, Charles K. Cosner

Vanderbilt Law Review

This comment is intended to be a companion piece to the Comment in Vanderbilt Law Review, Vol. I, No. 2, which discusses self-incrimination by means of physical disclosures. The preceding Comment gave a brief account of the privilege and pointed out that the Constitutions of the Federal Government and forty-six states have incorporated the common law privilege against self-incrimination. The two exceptions among the states, Iowa and New Jersey, have accepted the privilege, either by incorporation into their common law by judicial interpretation, or by statute. It is the purpose of this comment to discuss the possibility of the invocation …


Cases Noted, Journal Staff Apr 1948

Cases Noted, Journal Staff

Vanderbilt Law Review

bankruptcy--unclaimed dividends--distribution to creditors who have not been paid in full

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constitutional law--prohibition of practice of naturopathy as a separate branch of the healing arts

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constitutional law--unAmerican activities committee held valid exercise of congressional power

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criminal law--evidence--admission of confession


Parties-Postmaster General As Indispensable Party To Injunction Against Local Postmaster, Ralph J. Isackson Apr 1948

Parties-Postmaster General As Indispensable Party To Injunction Against Local Postmaster, Ralph J. Isackson

Michigan Law Review

The Postmaster General, after a hearing in Washington, D.C., found petitioners' business fraudulent, and issued a fraud order directing respondent, the local postmaster, to stamp "fraudulent" on all mail addressed to petitioners and return it to the senders. The petitioners sued, without joining the Postmaster General, to enjoin respondent from carrying out the order. The federal district court dismissed the complaint, and the circuit court affirmed. On certiorari, held, reversed. The Postmaster General is not an indispensable party if the decree restraining the local postmaster will give the relief desired without requiring any action on the part of the …


Constitutional Law-Scope Of Reasonableness Of Search And Seizure Without Search Warrant Mar 1948

Constitutional Law-Scope Of Reasonableness Of Search And Seizure Without Search Warrant

Washington and Lee Law Review

No abstract provided.


Evidence-Proper Agency For Determining The Voluntary Character Of A Confession In A Criminal Trial Mar 1948

Evidence-Proper Agency For Determining The Voluntary Character Of A Confession In A Criminal Trial

Washington and Lee Law Review

No abstract provided.


Carr: Federal Protection Of Civil Rights: Quest For A Sword, Michigan Law Review Mar 1948

Carr: Federal Protection Of Civil Rights: Quest For A Sword, Michigan Law Review

Michigan Law Review

A Review of FEDERAL PROTECTION OF CIVIL RIGHTS: QUEST FOR A SWORD. By Robert K. Carr.


Criminal Law-Failure Of Accused To Testify--Extent Of Judge's Instruction In Federal Courts, Carson C. Grunewald Mar 1948

Criminal Law-Failure Of Accused To Testify--Extent Of Judge's Instruction In Federal Courts, Carson C. Grunewald

Michigan Law Review

In a prosecution against defendant for violation of the White Slave Traffic Act, the trial judge instructed the jury that defendant's failure to testify should not be considered by them in determining his guilt or innocence. On appeal from conviction, held, there was no error in this instruction. United States v. Fleenor, (C.C.A. 7th, 1947) 162 F. (2d) 935.


To What Extent Does The Privilege Against Self-Incrimination Protect An Accused From Physical Disclosures, Mary E. Mann, Thomas A. Thomas Feb 1948

To What Extent Does The Privilege Against Self-Incrimination Protect An Accused From Physical Disclosures, Mary E. Mann, Thomas A. Thomas

Vanderbilt Law Review

The Federal Government and forty-six states have incorporated within their constitutions the common law privilege against self-incrimination. Iowa and New Jersey, the two exceptions, have accepted the privilege, either by incorporation into their common law by judicial interpretation, or by statute. Originally, this universal acceptance was an outgrowth of the thumb-screw and rack days of the star chamber in England, and the protection from physical torture by officers of the law to extract confessions was deemed such a fundamental right' as to warrant constitutional safeguards. However, since its adoption in this country, authorities both in and outside of the legal …


Criminal Law--Keeping Place Of Prostitution--Circumstantial Evidence Of Corpus Delicti, G. R. A. Jr. Feb 1948

Criminal Law--Keeping Place Of Prostitution--Circumstantial Evidence Of Corpus Delicti, G. R. A. Jr.

West Virginia Law Review

No abstract provided.


Evidence--Hearsay--Spontaneous Exclamation, C. W. W. Jr. Feb 1948

Evidence--Hearsay--Spontaneous Exclamation, C. W. W. Jr.

West Virginia Law Review

No abstract provided.


Evidence--Reported Testimony Of Deceased Witness--Substantially Similar Offenses, M. S. K. Feb 1948

Evidence--Reported Testimony Of Deceased Witness--Substantially Similar Offenses, M. S. K.

West Virginia Law Review

No abstract provided.


Criminal Law-Manslaughter-Effect Of Violation Of Statute Or Ordinance On Criminal Negligence, C. E. Becraft Feb 1948

Criminal Law-Manslaughter-Effect Of Violation Of Statute Or Ordinance On Criminal Negligence, C. E. Becraft

Michigan Law Review

Defendant was convicted of the crime of negligent homicide and appealed, alleging that the Louisiana statute, making violation of a statute or ordinance presumptive evidence of criminal negligence, was repugnant to the due process clauses of the state and federal constitutions. Held, affirmed. The effect of the statute is merely to shift the burden of introducing evidence of one element of the crime charged: that of criminal negligence. The presumption does not operate as a prima facie presumption of guilt of the crime -and the state must still prove every element of the offense. State v. Nix, (La. …


Red Hair And Outlawry, Hans Von Hentig Jan 1948

Red Hair And Outlawry, Hans Von Hentig

Journal of Criminal Law and Criminology

No abstract provided.


Limitations On An Accused's Right To Counsel, John W. Kerrigan Jan 1948

Limitations On An Accused's Right To Counsel, John W. Kerrigan

Journal of Criminal Law and Criminology

No abstract provided.


Police Science Technical Abstracts And Notes Jan 1948

Police Science Technical Abstracts And Notes

Journal of Criminal Law and Criminology

No abstract provided.


Some Observations On Occupational Markings, Gilbert Forbes Jan 1948

Some Observations On Occupational Markings, Gilbert Forbes

Journal of Criminal Law and Criminology

No abstract provided.


Suppression Prior To Indictment Of Confessions Unconstitutionally Obtained, Allan F. Conwill Jan 1948

Suppression Prior To Indictment Of Confessions Unconstitutionally Obtained, Allan F. Conwill

Journal of Criminal Law and Criminology

No abstract provided.


Admissibility In Evidence Of Statements Made In The Presence Of The Defendant, Irwin J. Shapiro Jan 1948

Admissibility In Evidence Of Statements Made In The Presence Of The Defendant, Irwin J. Shapiro

Journal of Criminal Law and Criminology

No abstract provided.


Police Science Technical Notes And Abstracts Jan 1948

Police Science Technical Notes And Abstracts

Journal of Criminal Law and Criminology

No abstract provided.


Analysis Of Thirty-One Individuals Examined While Awaiting Trial In Federal Court, Harry R. Lipton Jan 1948

Analysis Of Thirty-One Individuals Examined While Awaiting Trial In Federal Court, Harry R. Lipton

Journal of Criminal Law and Criminology

No abstract provided.


Pre-Trial Education Of Jurors, Dick Lansden Johnson Jan 1948

Pre-Trial Education Of Jurors, Dick Lansden Johnson

Journal of Criminal Law and Criminology

No abstract provided.


Dismissal Of Police Officers For Exercising Privilege Against Self Incrimination, Dale Ellsworth Sherrow Jan 1948

Dismissal Of Police Officers For Exercising Privilege Against Self Incrimination, Dale Ellsworth Sherrow

Journal of Criminal Law and Criminology

No abstract provided.


Recent Decisions On The Right Of Federal Law Enforcement Officers To Search Without Warrant, W. P. Hill Jan 1948

Recent Decisions On The Right Of Federal Law Enforcement Officers To Search Without Warrant, W. P. Hill

Journal of Criminal Law and Criminology

No abstract provided.


Questioned Documents In Police Work, Louis A. Waters Jan 1948

Questioned Documents In Police Work, Louis A. Waters

Journal of Criminal Law and Criminology

No abstract provided.


Observations On The Problem Of Traffic Control , Arthur J. Leahey Jan 1948

Observations On The Problem Of Traffic Control , Arthur J. Leahey

Journal of Criminal Law and Criminology

No abstract provided.


The Peoria Police Emergency Car, O. F. Brinkman Jan 1948

The Peoria Police Emergency Car, O. F. Brinkman

Journal of Criminal Law and Criminology

No abstract provided.