Open Access. Powered by Scholars. Published by Universities.®

Legal History Commons

Open Access. Powered by Scholars. Published by Universities.®

Yale Law School

Juries

Articles 1 - 2 of 2

Full-Text Articles in Legal History

From Indictment To Information -- Implications Of The Shift, George H. Dession Dec 1932

From Indictment To Information -- Implications Of The Shift, George H. Dession

Faculty Scholarship Series

RECALLING Bentham's assertion that the grand jury had been per-forming no useful function since the beginning of modern prosecu-tion, and remarking the unanimity of modern expert studies to the same effect, the Report on Prosecution by the National Commission on Law Observance and Enforcement concludes:

"that under modern conditions the grand jury is seldom better than a rubber stamp of the prosecuting attorney and has ceased to perform or be needed for the function for which it was established and for which it was retained throughout the centuries; that .... an unnecessary work burden upon the administration of justice .... should ...


Fundamental Legal Conceptions As Applied In Judicial Reasoning, Wesley N. Hohfeld Jan 1917

Fundamental Legal Conceptions As Applied In Judicial Reasoning, Wesley N. Hohfeld

Faculty Scholarship Series

The present discussion, while intended to be intrinsically complete
so far as intelligent and convenient perusal is concerned,
represents, as originally planned, a continuation of an article
which appeared under the same title more than three years ago.
It therefore seems desirable to indicate, in very general form,
the scope and purpose of the latter. The main divisions were
entitled: Legal Conceptions Contrasted with Non-legal Conceptions;
Operative Facts Contrasted with Evidential Facts; and
Fundamental Jural Relations Contrasted with One Another. The
jural relations analyzed and discussed under the last subtitle were,
at the outset, grouped in a convenient "scheme of ...