Criminal Law Commons^™

China Reexamined: The Worst Offender Or A Strong Contender?, Yang Wang

Michigan Law Review

These are the questions that Professor Randall Peerenboom sets out to answer from an American legal scholar's perspective in China Modernizes: Threat to the West or Model for the Rest. Peerenboom advances three main arguments in China Modernizes. First, to more accurately assess China's performance in its quest for modernization, one must "plac[e] China within a broader comparative context" (p. 10). Through a careful analysis of empirical data, Peerenboom observes that China outperforms many other countries at a similar income level on almost all key indicators of well-being and human rights, with the sole exception of civil and political …

Pinochet And International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith

Michigan Law Review

The British House of Lords recently considered whether Augusto Pinochet was subject to arrest and possible extradition to Spain for alleged acts of torture and other egregious conduct carried out during his reign as Chile's head of state. The Law Lords held that a large majority of the charges against Pinochet were not proper grounds for extradition under British law. They also held, however, that Pinochet could potentially be extradited for alleged acts of torture committed after Britain's 1988 ratifica· tion of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. In reaching this latter conclusion, …

Revenge For The Condemned, Sara Sun Beale, Paul H. Haagen

Michigan Law Review

A Review of V.A.C. Gatrell, The Hanging Tree: Execution and the English People 1770-1868

Strings Attached--Violin Fraud And Other Deceptions, Carla J. Shapreau

Michigan Law Review

A Review of Violin Fraud: Deception, Forgery, Theft, and the Law by Brian W. Harvey

Crime And The Courts In England 1660-1800, Frank C. Shaw

Michigan Law Review

A Review of Crime and the Courts in England 1660-1800 by J.M. Beattie

History Against Free Speech: The New German Law Against The "Auschwitz" -- And Other -- "Lies", Eric Stein

Michigan Law Review

An American observer would expect the central issue in the public debate to be the conflict between the constitutionally protected values of individual freedom of expression on the one hand and public security and personal honor on the other. This, however, has not been the case. To the contrary, the constitutional issue has played a marginal role in the legislative process, and it has been resolved by the courts with obvious ease in favor of the constitutionality of the previous legislation on the same general subject. There is every reason to believe that the new law will also be upheld, …

Conscience And The Law: The English Criminal Jury, Robert C. Palmer

Michigan Law Review

A Review of Verdict According to Conscience by Thomas Andrew Green

Euthanasia For Sale?, A.W. Brian Simpson

Michigan Law Review

A Review of Easing the Passing: The Trial of Dr. John Bodkin Adams by Patrick Devlin

The Trials Of Israel Lipski, Blaine G. Renfert

Michigan Law Review

A Review of The Trials of Israel Lipski by Martin L. Friedland

Tightening The Reins Of Justice In America: A Comparative Analysis Of The Criminal Jury I England And The United States, Michigan Law Review

Michigan Law Review

A Review of Tightening the Reins of Justice in America: A Comparative Analysis of the Criminal Jury I England and the United States by Michael H. Graham

The Influence Of Modernization In Comparative Criminology, Marshall B. Clinard

Michigan Law Review

A Review of Crime and Modernization by Louise Shelley, and Readings in Comparative Criminology edited by Louise Shelley

The Criminal Liability Of Corporations And Other Groups: A Comparative View, L. H. Leigh

Michigan Law Review

Briefly, three positions concerning corporate liability may be identified. First, there are systems of full corporate criminal liability, such as those in England and the United States. Second, there are systems that recognize only partial corporate criminal liability, for example Denmark, Belgium, and France. Finally, some systems do not permit such liability at all, or permit it only under the guise of administrative offenses. Italy and West Germany afford examples of this restrictive view of corporate liability.

This Article will sketch each of these positions in some detail, beginning, in Part I, with those systems that authorize full liability. Part …

Social Research And The Use Of Medieval Criminal Records, Edward Powell

Michigan Law Review

A Review of Society and Homicide in Thirteenth-Century England by James Buchanan Given, and Crime and Conflict in English Communities, 1300-1348 by Barbara A. Hanawalt

Incapacitating The Habitual Criminal: The English Experience, Sir Leon Radzinowicz, Roger Hood

Michigan Law Review

In this Article, Sir Leon Radzinowicz and .Dr. Roger Hood trace 150 years of unsuccessful English efforts to identify, sentence, and reform habitual criminal offenders. The Supreme Court's recent decision in Rummel v. Estelle has publicized habitual offender statutes in the United States. But Rummel primarily addressed the constitutionality, rather than the desirability, of a state habitual offender statute. This Article examines the broader policy questions common to habitual offender programs in both the United Stales and Great Britain. It describes the tension between liberal tradition and the state's desire to incapacitate those who repeatedly threaten life or property.

Macdonald: Fraud On The Widow's Share, Max Rheinstein

Michigan Law Review

A Review of FRAUD ON THE WIDOW'S SHARE. By William D. Macdonald

Criminal Justice In Germany, Hans Julius Wolff

Michigan Law Review

Criminal law and procedure, perhaps even more than civil, reflect the underlying conceptions of the political system with which they are connected. The ideological structure of criminal procedure in Germany, as well as in other continental European states, rests on the historical development through which constitutional institutions in those countries have passed since the French Revolution. It mirrors the transformation of the all-powerful state of the period of absolutism into the liberal state with its guaranteed freedoms and rights of the individual and strict legal limits to the power of the authorities (Rechtsstaat); and in recent years it has adapted …

Criminal Law In Russia, Pendelton Howard

Michigan Law Review

A Review of SOVIET ADMINISTRATION OF CRIMINAL LAW. By Judah Zelitch.

Report On Prosecution, Rollin M. Perkins

Michigan Law Review

The logical starting point was the discovery and restatement of existing knowledge and information on these subjects, and because of the tremendous mass of material which has appeared in the form of surveys and reports within the last decade and a half, it was deemed wise to enlist the services of an expert in such matters. The analysis which he has produced, let it be added, amply justifies the Commission in his selection.

Criminal Law-Prosecution For Poisoning Not Resulting In Fatality

Michigan Law Review

In considering the question of criminal liability for poisoning not resulting in death, the problem may be discussed to best advantage by making the following four-fold classification: (1) administering with intent to kill, (2) attempt to administer with intent to kill, (3) administering with intent to injure, and (4) attempt to administer with intent to injure.

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

Note And Comment, Joseph J. Kennedy, Samuel H. Morris, Burke W. Shartel, George S. Burgess

Michigan Law Review

Attendance at the Law School; An Extreme Case in the Application of the Safety Appliance Act; Advisory Opinions; Refusal of Specific Performance Where Subsequent Unexpected Events Render it Inequitable; Is Vasectomy a Cruel Punishment

Extra-Territorial Jurisdiction In China, Gustavus Ohlinger

Michigan Law Review

The Chinese have long been accustomed to the presence in their midst of foreign populations governed by laws peculiar to themselves and, perchance, owing allegiance to a foreign sovereignty. As long ago as the eighth century the Arabian traders who resorted to Canton were permitted to govern themselves by their own laws. The Mohaminedans have for many centuries formed a distinct element in the population, being subject to a separate law and to their own authorities. When, therefore, in the sixteenth century the first European traders began to appear on the China coast the government treated them as they had …

Note And Comment, Michigan Law Review

Michigan Law Review

Lawyers and Jurists at the Exposition; Convention of the Commercial Law League of America; The Philippine Island Cases in the Supreme Court of the United States; The Writ of Habeas Corpus in Chinese Exclusion Cases; What is a "Crime" Within the Meaning of the Constitution?; Due Process of Law; Winding up Proceedings; Literary Criticism and the Law of Libel; The New Japanese Civil Code;