Criminal Procedure Commons^™

Juries, Susan E. Morton

West Virginia Law Review

No abstract provided.

Improving Jury Deliberations: A Reconsideration Of Lesser Included Offense Instructions, Michael D. Craig

University of Michigan Journal of Law Reform

This Note approves of efforts to avoid hung juries by giving lesser included offense instructions but opposes those instructions that restrict juror decisions and coerce minority jurors. Rather, this Note offers a lesser included offense instruction that promotes flexibility and jury compromise without undermining the deliberative process. Part I describes the problem of hung juries and how courts have tried to prevent them with restrictive lesser included offense instructions. Part II analyzes the coercive impact of restrictive lesser included offense instructions and concludes that an instruction conditioning deliberations upon individual juror disagreement better promotes compromises on the merits while reducing …

Habeas Corpus Review Of State Trial Court Failure To Give Lesser Included Offense Instructions, Michael H. Hoffheimer

University of Michigan Journal of Law Reform

This Note advocates that federal courts review state criminal convictions in habeas corpus proceedings when lesser included offense instructions are available under state law but were not given. Part I demonstrates that granting such review conforms to the modern jurisdictional scope of federal collateral review because failure to give the instructions undermines the fact-finding function of juries and is therefore unconstitutional. Part II analyzes the proper standard of review and determines that the federal interest in protecting the reliability of the fact-finding process should prevail over any conflicting state interest in refusing to give lesser included offense instructions. Part II …

Jury Instructions, John M. Purcell

West Virginia Law Review

No abstract provided.

Prosecutorial Peremptory Challenge Practices In Capital Cases: An Empirical Study And A Constitutional Analysis, Bruce J. Winick

Michigan Law Review

As presently construed, the Constitution does not prohibit the death penalty. The states and the federal government may punish the commission of certain crimes with death, so long as the extreme penalty is not imposed on a mandatory basis and so long as the procedures used in imposing a death sentence meet constitutional scrutiny.

A demonstration that the prosecutor used the peremptory challenge in the manner described in a single case probably would be insufficient to support a constitutional challenge in the federal courts and in the vast majority of state courts. In these courts a prosecutor's use of the …

Joint Trials Of Defendants In Criminal Cases: An Analysis Of Efficiencies And Prejudices, Robert O. Dawson

Michigan Law Review

Legislatures and courts, in weighing the relative advantages of joint and separate trials, have unreasonably struck a balance in favor of joint trials. The strongest justification traditionally offered for joint trials is efficiency. This Article shows that courts have greatly exaggerated the supposed efficiencies of joint trials while grossly underestimating the impediments joint trials pose to fair and accurate determinations of individual guilt or innocence. The propriety of joint trials is more than a question of efficiencies. Joint trials usually, although not always, help the prosecutor to get convictions, and thereby modify the balance of advantage in criminal trials. Disputes …

Ballew V. Georgia: A Move Toward Neo-Incorporationism?

Washington and Lee Law Review

No abstract provided.

A Jury Of One's Peers, Lewis H. Larue

Washington and Lee Law Review

No abstract provided.

Statistical Studies Of The Costs Of Six-Man Versus Twelve-Man Juries, William R. Pabst Jr.

William & Mary Law Review

No abstract provided.

Societal Concepts Of Criminal Liability For Homicide In Medieval England, Thomas A. Green

Articles

THE early history of English criminal law lies hidden behind the laconic formulas of the rolls and law books. The rules of the law, as expounded by the judges, have been the subject of many studies; but their practical application in the courts, where the jury of the community was the final and unbridled arbiter, remains a mystery: in short, we know little of the social mores regarding crime and crimi- nals. This study represents an attempt to delineate one major aspect of these societal attitudes. Its thesis is that from late Anglo-Saxon times to the end of the middle …

American Bar Association Project On Minimum Standards For Criminal Justice: Standards Relating To Trial By Jury (Approved Draft), Melvin M. Belli

Michigan Law Review

A Review of American Bar Association Project on Minimum Standards for Criminal Justice: Standards Relating to Trial by Jury (Approved Draft). Recommended by the Advisory Committee on the Criminal Trial

Jury Trial Of Crimes, Lewis F. Powell, Jr.

Washington and Lee Law Review

No abstract provided.

Developments In The Law Of Coerced Confessions, Howard Klemme

Publications

No abstract provided.

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

West Virginia Law Review

No abstract provided.

The Mind Of The Juror, Stephen Ailes

West Virginia Law Review

No abstract provided.

Criminal Law And Procedure - Appeal - Reversal Of Conviction Despite Guilt As Rebuke To The Administration Of Justice, Michigan Law Review

Michigan Law Review

In a prosecution for murder the prosecuting attorney, in his opening address, improperly stated that the evidence would show that both defendants had previous records for burglary and robbery, had served time in penitentiaries, and that the state would ask that the two men be hanged on the basis of this and other evidence. No objection or move for a mistrial was made at the time by the defendants, nor was the court requested to instruct the jury to disregard the remarks. Defendants were unquestionably guilty of murder, the evidence for the state being conclusive, while that of the defendants …

Criminal Law And Procedure - Instruction As To The Reasonable Doubt Of Each Juror

Michigan Law Review

The accused in a criminal prosecution requested, in addition to a general charge on reasonable doubt, an instruction stating, "The court instructs the jury that if after the consideration of the whole case, any juror entertains a reasonable doubt of the defendant's guilt it is the duty of such juror so entertaining such doubt, not to vote for a verdict of guilty, or be influenced in so voting for the single reason that a majority of the jury might be in favor of a verdict of guilty:" This instruction was refused and the defendant appealed from his conviction. Held, …

Trial--Instructions--Unanimity Of The Jury Verdict, Richard F. Currence

West Virginia Law Review

No abstract provided.

Jury Trial, Waiver Thereof And The Alternate Juror, Alfred A. Naff

Kentucky Law Journal

No abstract provided.

Trial--Polling The Jury--Manner Of Conducting, E. Gaujot Bias

West Virginia Law Review

No abstract provided.

Crimes--Burden Of Proving Alibi And Self-Defense

Michigan Law Review

The defendant, indicted for murder, requested a charge that, if the evidence as to self-defense raised in the minds of the jurors a reasonable doubt of the guilt of the defendant, they should acquit him. Held, the trial court properly refused to· give the instruction. The burden was on the defendant to establish the defense by a preponderance of the evidence. Commonwealth v. Troup (Pa. 1931) 153 Atl. 337.

Crimes-Speedy Trial-Justification For Delay

Michigan Law Review

The defendant was convicted under a state prohibition statute. The information was filed on June 7, 1929, and no further proceedings were taken against him for more than sixty days thereafter. The defendant moved to dismiss the suit on the ground that he had not had a speedy trial. No jury was on duty during the months of July, August, and the early part of September. Held, that the constitutional guaranty of a speedy trial was not infringed by such delay. State v. Vukich (Wash. 1930) 290 Pac. 992.

Should The Jury System Be Abolished, T. W. A.

West Virginia Law Review

No abstract provided.

Special Interrogatories To The Jury--Their Nature And Purpose--Court's Discretion Relative To Their Submission, G. D. H.

West Virginia Law Review

No abstract provided.

Abolish The Jury, J. C. Mcwhorter

West Virginia Law Review

No abstract provided.