Criminal Law | Open Access Articles | Digital Commons Network™

Criminal Law--Trial--Presence Of Accused During Trial, J. C. A.

West Virginia Law Review

No abstract provided.

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Improper Discharge Of Jury Before Verdict As Double Jeopardy, C. L. C.

West Virginia Law Review

No abstract provided.

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Criminal Law-Double Jeopardy-Dismissing After Jury Impaneled

Indiana Law Journal

No abstract provided.

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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 …

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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. …

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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?

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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, …

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