Criminal Law Commons^™

Criminal Law - Double Jeopardy - Prior Conviction Of First Degree Murder Resulting In A Penalty Of Life Imprisonment Held To Be An Implied Acquittal Of The Death Penalty On A Retrial Secured On Defendant's Appeal. People V. Henderson (Cal. 1963), George Cory

San Diego Law Review

This recent case discusses People v. Henderson (Cal. 1963)

Criminal Law—Post-Dated Check May Be Criminal Offense Under § 1292-A Of N.Y. Penal Code, Harry J. Poole

Buffalo Law Review

People v. Aryek, 14 N.Y.2d 494, 248 N.Y.S.2d 222 (1964).

The American Law Of Treason. By Bradley Chapin., Peter Simmons

Buffalo Law Review

No abstract provided.

Immunity Through Confession?, John A. Spanogle Jr.

Vanderbilt Law Review

Does this advice from Judge Leonard P. Moore sound fanciful? Could it ever profit a criminal to confess his guilt? The advisability of such action may not be as improbable as it sounds. In order to determine whether it is fanciful or not it is necessary to review several cases decided by the United States Supreme Court, which this article will undertake to do.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust--Consignment Agreements To Fix Retail Prices

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Constitutional Law--Fifth Amendment-Denial of Passport

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Constitutional Law--State Procedure To Determine The Voluntariness of a Confession

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Criminal Law--Statutory Rape-Good Faith, Reasonable Belief That Female Has Reached Age of Consent as a Defense

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Insurance--Validity of Policy Provision Permitting Insured To Choose Forum for Determination, of Disputes Under the Policy

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Labor Law-Closing of Plant Due to Unionization

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Labor Law--National Labor Relations Act--Strike by Minority of Union as Protected Concerted Activity When in Support of Union Position

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Labor Law--National Labor Relations Act--Union's Duty of Fair Representation Not Implicit in Section 7--Discrimination …

Criminal Law--Admissibility On Criminal Courts Of Evidence Derived From Inadmissible Juvenile Confessions, Lester Clay Hess Jr.

West Virginia Law Review

No abstract provided.

A Critical Study Of The Probate System In West Virginia--I, Robert G. Riley Jr.

West Virginia Law Review

The probate system in effect in West Virginia has been the subject of much criticism in recent years. Much of this criticism emanates from attorneys familiar with the operation of the system. For more than a decade, a standing committee of the West Virginia State Bar Association has striven to arrive at a proposal which would offer “comprehensive improvement of the West Virginia law and procedure relating to the probate of wills, ... and allied matters .... " There is widespread and continuing concern about the probate system. This paper will review that system, note principal criticisms of it and …

The Role Of A Trial Jury In Determining The Voluntariness Of A Confession, Michigan Law Review

Michigan Law Review

The Supreme Court of the United States has vigorously implemented the principle that criminal prosecution is an investigative, not an inquisitorial, process. Evidence of guilt must be obtained by methods free from physical or psychological coercion. Protections in the Bill of Rights against illegal search and seizure, self-incrimination, and trial without counsel have been extended to the states through the due process clause of the fourteenth amendment. Safeguards against the admissibility of coerced confessions into evidence have also been instituted. Because a confession practically determines the ultimate question of guilt, the critical standards for· admissibility are frequently challenged on appeal. …

Prejudicial In11uence On Jury Of Newspaper Published During Trial-People V. Purvis, Michigan Law Review

Michigan Law Review

Defendant had been paroled after serving four years of a sentence for second degree murder. While on parole, he was tried for another homicide and convicted of murder in the first degree. In separate penalty trials, juries had twice assessed the death sentence, which, on both occasions, had been set aside by the reviewing court. During the third trial, the Sunday newspaper in the local county published a front-page article attacking the leniency of the parole system, attributing the area's high crime rate partly to the recidivist tendencies of parolees, and quoting the county sheriff's opinion that defendant should be …

Law And Tactics In Federal Criminal Cases, Edited By George W. Shadoan, David W. Mernitz

Indiana Law Journal

No abstract provided.

Legislation, Law Review Staff

Vanderbilt Law Review

Budget Planners--Regulation To Protect Debtors

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Criminal Law--Taxation of Court Costs

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Statute of Limitations--Professional Negligence--Foreign Objects Left in Patient's Body

Requirement Of Arrest In Implied Consent Laws

Washington and Lee Law Review

No abstract provided.

Accomplices To Abortions

Washington and Lee Law Review

No abstract provided.

Criminal Law And Procedure -- 1963 Tennessee Survey, Robert E. Kendrick

Vanderbilt Law Review

1. Homicide. A number of years ago the Tennessee Supreme Court adopted the common law principle that one is justified in taking life in defense of his habitation when actually or apparently necessary to repel an attempt by another to enter forcibly or violently under circumstances creating a reasonable apprehension that the assailant's design is imminently to commit a felony therein or to assault or offer personal violence or inflict personal injury on an inmate so that there are reasonable grounds for concluding that life is endangered or great bodily harm is threatened thereby.'

Flippen v. State, a homicide case, …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust--FTC Proceeding Will Not Toll the Statute of Limitations in an Action Under Section 4(b) of the Clayton Act

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Conflict of Laws--Where None of the Beneficiaries Reside in Forum State, Limitation on Amount of Recovery Imposed by State Where Tort Occurred Governs

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Criminal Law--Double Jeopardy--Conviction of Greater Degree of Offense on Retrial

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Federal Rules of Civil Procedure--No Requirement that Agent Appointed To Receive Service of Process be Expressly Bound To Give Notice to Principal

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Labor Law--NLRA--Union's Duty To Represent Fairly

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Labor Law-Walsh--Healey Act--Secretary of Labor Not Authorized To Set More Than One Prevailing Wage

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Criminal Law--Declaration Of Mistrial Because Of Absence Of Defendant, John Ralph Lukens

West Virginia Law Review

No abstract provided.

Criminal Law--Extradition For Nonsupport, Fred Adkins

West Virginia Law Review

No abstract provided.

The Evolution Of The Durham Rule In The District Of Columbia (1954-1963), Joseph S. Forma

Buffalo Law Review

No abstract provided.

Federal Criminal Procedure-Subpoena Of Nonresident Citizen As Witness Before Grand Jury, Andre A. Schwartz

Michigan Law Review

Defendant, a nonresident citizen of the United States, was subpoenaed by a federal district court to appear before a grand jury investigating alleged fraud in the procurement of government contracts. Defendant having failed to appear, the district court issued an order directing him to show cause why he should not be held in contempt. On appeal from a judgment holding defendant in contempt, held, reversed, one judge dissenting in part. The power of a federal district court to subpoena a nonresident citizen is limited to the actual trial of a criminal action. United States v. Thompson, 319 F.2d …

Crimes Against Humanity And The Principle Of Nonextradition Of Political Offenders, Manuel R. Garcia-Mora

Michigan Law Review

It is thus the purpose of this article to discuss the nature of crimes against humanity in an effort to determine whether they can be classified as political offenses. It is hoped that from the uncertainty and confusion which appear to underlie the practice of the State, some useful legal principles may be extracted.

Criminal Law-Aiding And Abeiting-Criminal Liablity For Knowingly Furnishing Racing Results To Bookmakers, John H. Blish

Michigan Law Review

Appellant, who received a weekly salary for distributing horse-racing results by telephone to some twenty bookmakers, was convicted of aiding and abetting bookmaking activities in violation of section 986 of the New York Penal Law. He admitted knowing that the information would be used by his employer's customers in violation of section 986, but no actual evidence of bookmaking was presented to the court. On appeal, held, reversed, one judge dissenting. Knowingly transmitting racing results to bookmaking establishments by telephone does not, without proof of acceptance of bets on a professional basis, constitute aiding and abetting bookmaking in violation …

Criminal Law-Reiterated Contempt Of Court, Robert C. Bonges

Michigan Law Review

The defendant was found guilty of criminal contempt of court in a civil proceeding for giving "don't remember" answers, after having been granted immunity from prosecution, to questions concerning his activities, asked during a grand jury investigation of an attempted homicide. For his refusal to testify, the defendant was given the maximum penalty provided for criminal contempt under the applicable statute. After paying the fine and serving the sentence, the defendant was brought before the same grand jury thirty-five days later and was asked the same questions. The defendant repeated the "don't remember" answers and was again fined and incarcerated. …

Criminal Liability Of Participants In Fatal Russian Roulette

Washington and Lee Law Review

No abstract provided.

Hart And Honore, Causation In The Law, John H. Mansfield

Vanderbilt Law Review

It is scarcely necessary at this date to give notice of the publication of Causation in the Law. Since its appearance four years ago the book has become widely known and has been much discussed by legal scholars, particularly in the fields of torts and criminal law. Doubtless it has received similar attention from philosophers, for it is a work that seeks to achieve something which is seldom attempted, and then with little success, namely, to combine legal and philosophical thinking in a way that secures the understanding and approval of both philosophers and lawyers by satisfying the analytical rigor …

Book Reviews, Richard C. Allen, Lawrence D. Gaughan

Vanderbilt Law Review

In this little book, Leon Radzinowicz, Wolfson Professor of Criminology and Director of the Institute of Criminology at the University of Cambridge, presents a brief survey of criminology in England, the United States, and eight countries of continental Europe. His perspective is historical as well as geographical: in discussing each nation, he begins with a sketch of the concepts and personalities that lent vitality to the development of its criminological teaching and research and concludes with an analysis of the contemporary scene, based on his own first-hand observations during a recent world tour "in search of criminology."With so vast a …

Recent Case Comments, Law Review Staff

Vanderbilt Law Review

Attorneys--Violation of Canon 27 by Encouraging or Permitting Favorable Publicity

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Constitutional Law--Dismissal of Criminal Charges Because of Deprivation of Right to Effective Counsel by Eavesdropping

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Criminal Law--Credit Card Invoice as a "Security" under National Stolen Property Act

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Criminal Law--Rights of Alleged Parole Violator at Revocation Hearing

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Labor Law--Federal Procedure--Right to Jury Trial under Section 17 of the Fair Labor Standards Act

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Labor Law--Representation. Elections--Provision on Ballot Allowing Vote for "No Representation"

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Labor Law--Unfair Labor Practice--Availability of Injunction Prior to Exhaustion of Administrative Remedies

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Taxation--Federal Estate Tax--Survivor's Annuity as Insurance Under Section 2039 a …

Reliable Informers And Corroboration

Washington and Lee Law Review

No abstract provided.

New And Comprehensive Duties Of Securities Sellers To Investigate, Disclose, And Have An "Adequate Basis" For Representations, Willoughby C. Johnson

Michigan Law Review

The duties of investigation and disclosure imposed upon securities salesmen have been significantly enlarged by several recent cases generated by the Second Circuit's 1963 decision of Berko v. SEC. In a hearing before the Securities and Exchange Commission it was found that Berko was a salesman working out of an acknowledged "boiler room." His employer had provided its salesmen, including Berko, with fraudulent sales brochures, some of which were subsequently distributed by Berko. The action by the Commission against Berko arose out of the sale of a specific security to a customer who had received fraudulent sales brochures and …

Criminal Law--Extension Of Felony Murder Rule, Victor Alfred Barone

West Virginia Law Review

No abstract provided.

Criminal Law--Statutory Presumptions, Eugene Triplett Hague Jr.

West Virginia Law Review

No abstract provided.