Digital Commons Network^™

Psychiatric Criminology: Is It A Valid Marriage? The Legal View, Jerome Hall

Buffalo Law Review

No abstract provided.

Acting In Loco Parentis As A Defense To Assault And Battery, Norman D. Tripp

Cleveland State Law Review

An offer to use force to the injury of another is an assault, and the use of that force is a battery, which usually includes an assault. An assault and battery upon the person of another may be a criminal act. Courts generally hold, however, that a parent or one in loco parentis may inflict disciplinary corporal punishment upon a child without becoming criminally liable.

Newman: Conviction: The Determination Of Guilt Or Innocence Without Trial, B. J. George Jr.

Michigan Law Review

A Review of Conviction: The Determination of Guilt or Innocence Without Trial by Donald J. Newman

Criminal Law--Homicide--Murder--Manslaughter--Retrial For Manslaughter On Evidence Of Murder, Alan Lips

Kentucky Law Journal

No abstract provided.

Recent Cases

University of Richmond Law Review

This is a summary of the case law from 1967.

Psychiatric Criminology: Is It A Valid Marriage? The Legal View, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

The Ex-Convict's Right To Vote, David H. Getches

Publications

No abstract provided.

Miranda--Some History, Some Observations, And Some Questions, Karl P. Warden

Vanderbilt Law Review

At this writing Miranda v. Arizona' is less than four months old. Although its place in the annals of leading constitutional decisions is assured, its meaning for, and influence upon, the criminal law process in the United States is not at all certain. It will require years of data accumulation and analysis to determine how profound an effect it will have and to evaluate that effect in terms of social impact. It is too soon to know whether the Miranda case has started a new revolution in the administration of criminal justice or has merely ended an old one. Is …

Alcoholism And Its Symptoms: Crime Or Disease?

Washington and Lee Law Review

No abstract provided.

In Cold Blood—A True Account Of Multiple Murder And Its Consequences, By Truman Capote (1966), Norval Morris

Washington Law Review

No abstract provided.

Book Review Of Cases And Readings In Criminal Law And Procedure, Michael Katz

Journal of Legal Education

No abstract provided.

Preclusion/Res Judicata Variables: Criminal Prosecutions, Allen D. Vestal, John C. Coughenour

Vanderbilt Law Review

In criminal litigation, similar doctrines have been invoked. Double jeopardy has precluded a second prosecution of an individual because of a single group of operative facts. This is parallel to claim preclusion which bars relitigation of a claim. When sequential prosecutions for different crimes occur there has been a bar against relitigation of a specific issue. This is issue preclusion. Issue preclusion has also been invoked where civil and criminal proceedings are involved serially. With some frequency the courts have been willing to use preclusion/res judicata where the precluding judgment is criminal and the precluded litigation is civil. On the …

Federal Habeas Corpus And The State Court Criminal Defendant, Frank W. Wilson

Vanderbilt Law Review

Federal habeas corpus for state prisoners is one of the most controversial and emotion-ridden subjects in the entire field of criminal law. Considering the period over which this controversy has continued, it is surely one of the oldest unresolved disputes between the state and federal courts. The removal of an action from a state to a federal court may sometimes cause ruffled feelings, but few judges remain long offended at being relieved of trying a lawsuit. On the other hand, when a federal judge reverses a state judge who has been affirmed by the state appellate courts, forcing him to …

Products Liability Based Upon Violation Of Statutory Standards, Joseph H. Ballway Jr.

Michigan Law Review

Regulatory enactments controlling production and distribution can give rise in several different ways to civil liability on behalf of persons injured by non-conforming merchandise. For instance, if a statute codifies existing common-law rules of negligence, its effect is merely to place the weight of legislative authority behind ordinary negligence principles. Since an injured party's recovery under such a provision still depends largely upon his proving in the traditional manner that a defendant failed to exercise due care, this kind of statute merits no further discussion. On the other hand, if particular legislation expressly states that a violator may be subjected …

Criminal Law - Chronic Alcoholics Can Not Be Convicted For Public Drunkenness. Driver V. Hinnant, __ F.2d __ (1966), Charles Mcdonald

William & Mary Law Review

No abstract provided.

The Prospective Defendant Rule And The Privilege Against Self-Incrimination In New York, Paul Ivan Birzon, David A. Gerard

Buffalo Law Review

No abstract provided.

Constitutional Law—Serving Liquor To Minors In Own Home Not In Violation Of Section 484(3) Of Penal Law, George Wallach

Buffalo Law Review

People v. Martell, 16 N.Y.2d 245, 212 N.E.2d 433, 264 N.Y.S.2d 913, (1965).

Criminal Law--Comment On Defendant's Failure To Testify, James Truman Cooper

West Virginia Law Review

No abstract provided.

Criminal Law--Use Of Injunctive Proceedings To Suppress Evidence, Ellen Fairfax Warder

West Virginia Law Review

No abstract provided.

Uniform Crime Reports, Peter P. Lejins

Michigan Law Review

The Uniform Crime Reports are-both nationally and internationally- an extremely important statistical series, and an invitation by the Michigan Law Review to comment on this annual compilation is very much appreciated: This writer has felt for some time that the recent frequent statements on the Uniform Crime Reports in the daily press and some professional journals have created a considerable amount of unnecessary confusion. This opportunity to analyze the issues involved is therefore most gratifying.

A Critical View Of The Uniform Crime Reports, Sophia M. Robison

Michigan Law Review

No one would deny that the FBI performs a vital function in investigating, identifying, and tracking down suspects who may endanger the life, liberty, and property of Americans. However, this writer feels that the Uniform Crime Reports published by the FBI should be subjected to a very critical analysis. Of primary concern are the indiscriminate acceptance of the official data by legislators and social science investigators and the doubtful inferences which a frightened public draws from news releases proclaiming that "the U.S. is sitting on a seething volcano of crime."

Comments And Casenotes: To Kill A Mockingbird - Star Decisis And M'Naghten In Maryland, Kenneth Lasson

All Faculty Scholarship

There are certain pillars of jurisprudence which, despite the erosive elements of time and progress, remain sacred. After more than a century of judicial dialogue the venerable M'Naghten Rule survives as the prevailing test to determine criminal responsibility. The rule states: "To establish a defense on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or if he did know …

Book Review Of Arrest: The Decision To Take A Suspect Into Custody, Dale W. Broeder

Journal of Legal Education

No abstract provided.

Double Punishment For Burglarious Offenses

Washington and Lee Law Review

No abstract provided.

The Equal Protection Clause And Imprisonment Of The Indigent For Nonpayment Of Fines, Michigan Law Review

Michigan Law Review

The practice of imprisonment for failure to pay a fine levied for a criminal violation originated in twelfth-century England; its subsequent unanimous acceptance in the United States is manifested in the provisions in the statutes of every state and of the federal government authorizing imprisonment for nonpayment of fines. A few states not only commit the defendant to jail for nonpayment of the fine, but impose hard labor as well. Some states, however, have mitigated to a degree the harshness of the practice. For example, Arizona restricts the total period of confinement for the crime and the default of the …

Federal Double Jeopardy Policy, Jay A. Sigler

Vanderbilt Law Review

The fifth amendment provision against double jeopardy is one of the basic protections afforded defendants by the United States Constitution. Its roots are found in early common law,' and the policies which it represents have been gradually defined by federal courts to meet various situations of inequality in the position of a criminal defendant confronted by federal prosecuting attorneys. Presently the double jeopardy provision is not incorporated by the fourteenth amendment as a restriction upon state action, but this condition may not prevail much longer. Should double jeopardy become incorporated into the "due process" clause of the fourteenth amendment, states …

Extraterritorial Application Of Penal Legislation, B. J. George Jr.

Michigan Law Review

One of the most difficult words in the legal lexicon to delineate is the term "jurisdiction"; it is equally difficult to relate this term to the concept of "venue." The term "jurisdiction" is constantly invoked by courts in a variety of contexts, some relating to geography, some to governmental and judicial structure, some to legislative or judicial power, some to persons, and some to procedures. Thus, it is difficult to discern a common thread of meaning or a consistent pattern of application from the cases in which the word appears.

Criminal Law - Criminal Procedure, Louis B. Loughren

Duquesne Law Review

Accused's loss of memory surrounding events of alleged criminal act held not to entitle him to a discharge from the indictment or stay of proceedings.

Commonwealth ex rel. Cummins v. Price, 421 Pa. 396, 218 A.2d 758(1966).

Relator was indicted for first degree murder. The only evidence presented of the alleged murder was circumstantial and, at best, inconclusive. A pretrial petition for a writ of habeas corpus was filed requesting that (1) the murder indictment be dismissed and relator be discharged from custody, or (2) the trial on the indictment be postponed. The petition averred that while the relator …

The Defense Of Walter X Wilson: An Insanity Plea And A Skirmish In The War On Poverty, Richard Arens

Villanova Law Review (1956 - )

No abstract provided.

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.