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Prosecution Appeals In West Virginia, Frank Edward Horack Jr.

Articles by Maurer Faculty

No abstract provided.

The Right To Comment On The Failure Of The Defendant To Testify, Andrew A. Bruce

Michigan Law Review

In 1931 the American Law Institute adopted a resolution to the effect that "The judge, the prosecuting attorney and counsel for the defense may comment upon the fact that the defendant did not testify."

In the same year the American Bar Association resolved: "That by law it should be permitted to the prosecution to comment to the jury on the fact that a defendant did not take the stand as a witness; and to the jury to draw the reasonable inferences."

English Criminal Prosecutions, John B. Waite

Michigan Law Review

A review of CRIMINAL JUSTICE IN ENGLAND, A STUDY IN LAW ADMINISTRATION. By Pendleton Howard.

The Courts, The Press, And The Public, Stuart H. Perry

Michigan Law Review

It was with especial gratification that I accepted this invitation to speak. It is a pleasure to be with you, and it affords me an opportunity to contribute to a discussion of matters that are of great importance to your profession and my own and to the public. Perhaps I should not thus separate myself from your profession. I am still at least nominally a member of the bar, and though it is many years since I last appeared in court I have a keen and sympathetic interest in legal matters and enjoy my contacts with the bench and bar …

Report On Criminal Procedure, Rollin M. Perkins

Michigan Law Review

During the period of trial by battle such a proceeding served, in addition to its nominal purpose, something of the function which is now served by a World's Series ball game. From that time to this, the trial has been the spectacular aspect of the enforcement of justice in general and of criminal justice in particular. The result has been relative overemphasis upon criminal procedure in the strictly technical sense, and a corresponding neglect of the broader problems of administration. If, for instance, a conviction under a statute making it grand larceny to steal "a cow or animal of the …

The Proper Function Of An Appellate Court, Edson R. Sunderland

Indiana Law Journal

No abstract provided.

Book Review. Hunt, H. T., The Case Of Thomas J. Mooney And Warren K. Billings, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

Does Indiana Need A Judicial Council, C. Severin Buschmann

Indiana Law Journal

No abstract provided.

Waiver Of Trial By Jury In Criminal Cases, S. Chesterfield Oppenheim

Michigan Law Review

Waiver of jury trial in criminal cases generally is a highly practical issue at the present time both from the standpoint of the public and of the accused. The belief is common that the element of delay is one of the primary causes of the general disrespect attaching to the courts of criminal juridiction. It is said that an overzealousness in shielding the citizen against oppression and injustice has resulted in shifting to the background expedients designed to simplify and give momentum to the disposition of criminal cases.

Permanent International Court Of Criminal Justice, By M. Caloyanni, James J. Robinson

Indiana Law Journal

No abstract provided.

Public Policy And Personal Opinion, John B. Waite

Articles

THE real relation of economics to law, only recently acquiring positive recognition, is illuminated by the varying decisions in regard to attempted restrictions on the enjoyment of personal property.

Note And Comment, Edson R. Sunderland, Abraham Jacob Levin, Ralph W. Aigler, Edgar N. Durfee

Michigan Law Review

New Trials for Technical Errors - A witness called to testify is presumed to be of good character. Hence no proof of it is necessary. But out of abundant caution this presumption is fortified by evidence. The witness is thus shown to be in fact exactly what the law presumes him to be. Result-the case is reversed for the commission of this grave and prejudicial error.-Lockett v. State (Ark. 1918), 207 S. W. 55.

New Trials For Technical Errors, Edson R. Sunderland

Articles

A witness called to testify is presumed to be of good character. Hence no proof of it is necessary. But out of abundant caution this presumption is fortified by evidence. The witness is thus shown to be in fact exactly what the law presumes him to be. Result-the case is reversed for the commission of this grave and prejudicial error.-Lockett v. State (Ark. 1918), 207 S. W. 55. No one but an American lawyer could treat the above statement seriously. Only an American court could announce so extraordinary a decision. In no other English speaking country would the people tolerate …

Courts In The Philippines Old New, David Cecil Johnson

Michigan Law Review

Administration of justice, involving the settlement of disputes and the punishment of crime, is and always has been a vital function of government; in fact, it might well be said to be the basis of all orderly government. The experiment in government which was begun by the American people when they separated themselves from the domination of England reached a new stage in its development when Admiral Dewey was victorious in Manila Bay on May i, 1898. It is perhaps impossible to determine at this time whether this new stage is to result in an attempt at colonization or in …

The Attacks On The Courts And Legal Procedure, William H. Taft

Kentucky Law Journal

No abstract provided.