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Articles 301 - 308 of 308

Full-Text Articles in Legal History

The Third Degree--Its Historical Background, The Present Law And Recommendations, Charles Richard Doyle Jan 1955

The Third Degree--Its Historical Background, The Present Law And Recommendations, Charles Richard Doyle

Kentucky Law Journal

No abstract provided.


Self-Incrimination--Historical Background Of The Doctrine, Wendell S. Williams Jan 1955

Self-Incrimination--Historical Background Of The Doctrine, Wendell S. Williams

Kentucky Law Journal

No abstract provided.


The New Federal Rules Of Criminal Procedure: Ii, George .H. Dession Jan 1947

The New Federal Rules Of Criminal Procedure: Ii, George .H. Dession

Faculty Scholarship Series

INDICTMENT AND INFORMATION
The Grand Jury. In approximately half the States as well as in England
use of the grand jury as an investigative body," and of grand jury
indictment as a step in prosecution, has been largely abandoned.
This old institution has, however, been retained in federal practice
pretty much in the traditional common law form. The new Rules do
not change this as, indeed, they could not in view of the constitutional
guaranty that no federal prosecution for a "capital, or otherwise infamous"
crime (in practice, any felony) shall be had save on "presentment
or indictment" by a ...


The New Federal Rules Of Criminal Procedure: I, George H. Dession Jan 1946

The New Federal Rules Of Criminal Procedure: I, George H. Dession

Faculty Scholarship Series

ON March 21, 1946, a new set of rules of criminal procedure for the
federal courts went into effect. Hailed by former Attorney General
Homer Cummings as "a triumph of the democratic process," this
body of rules is the non-legislative product of a laborious, eight-year
enterprise which required the participation of a great many individuals
and groups throughout the United States, including judges, lawyers,
government officers, legal scholars, and committees of bench and bar.
In contrast with the unwieldy legislative codes of criminal procedure
of many of the states, these rules occupy but sixty small pages of large
print. In ...


State Indemnity For Errors Of Criminal Justice, Edwin Borchard Jan 1941

State Indemnity For Errors Of Criminal Justice, Edwin Borchard

Faculty Scholarship Series

All too frequently the public is shocked by the news that Federal or State authorities have convicted and imprisoned a person subsequently proved to have been innocent of any crime. These accidents in the administration of the criminal law happen either through an unfortunate concurrence of circumstances or perjured testimony or are the result of mistaken identity, the conviction having been obtained by zealous prosecuting attorneys on circumstantial evidence. In an earnest effort to compensate in some measure the victims of these miscarriages of justice, Congress in May 1938 enacted a law "to grant relief to persons erroneously convicted in ...


Taney's Influence On Constitutional Law, Edwin Borchard Jan 1936

Taney's Influence On Constitutional Law, Edwin Borchard

Faculty Scholarship Series

The hundredth anniversary of the elevation of Roger Brooke Taney to the post of Chief Justice of the Supreme Court affords a fitting occasion to review the significance of his judicial services to the nation and to American constitutional law. A re-examination of his life work in the perspective of history indicates how unwise it often is to form rigid judgments on men and events in the excitement of contemporary emotion, for the harsh opinions which Taney evoked by his decisions on the slavery question have been tempered in the detached light reason. The historical cloud under which his name ...


Proposed Legislation For Enforcement Of Prohibition, Thomas Frank Konop Jan 1930

Proposed Legislation For Enforcement Of Prohibition, Thomas Frank Konop

Journal Articles

Under date of November 21st, 1929, the Commission on Law Observance and Enforcement made a preliminary report to the President on observance and enforcement of prohibition. Under subdivision (D) of that report, the Commission offered three methods to relieve the congestion in the Federal Courts. Although the bills are constitutional, they will not relieve congestion. Instead, the will promote fraud and lower citizens' respect for the Federal Judiciary and the Constitution.


Liberty And The Police Power, Clarence Emmett Manion Jan 1928

Liberty And The Police Power, Clarence Emmett Manion

Journal Articles

The American citizen now has practically no rights of person or property that neither Congress nor the State legislature may not impair by legislation. The adoption of the Articles of Confederation and the Federal Constitution served merely to transfer to the Federal government certain powers formerly exercised by the individual States. When all individuals were protected in the exercise of their respective rights it was never supposed that the rights of the individual were to be protected or approached through the avenues of legislation dictated by majority opinions as to what is now and again for the "general good". The ...