Digital Commons Network^™

American Bar Association Section Of Antitrust Law: Jury Instructions In Criminal Antitrust Cases, Ralph M. Carson

Michigan Law Review

A Review of Jury Instructions in Criminal Antitrust Cases by The American Bar Association Section of Antitrust Law

Schur: Crimes Without Victims: Deviant Behavior And Public Policy, Mauris M. Platkin M.D.

Michigan Law Review

A Review of Crimes Without Victims: Deviant Behavior and Public Policy by Edwin M. Schur

Lafave: Arrest: The Decision To Take A Suspect Into Custody, B. J. George Jr.

Michigan Law Review

A Review of The Decision To Take a Suspect Into Custody by Wayne R. LaFave

Prescriptions Issued To Deceased And Fictitious Patients Are Forgeries Under New York Penal Law Although Signed With True Name Of Issuing Doctor--People V. Klein, Michigan Law Review

Michigan Law Review

Defendant, a licensed New York physician, issued five prescriptions for narcotics, signing his own name and giving his correct address and narcotics registry number. On four of the prescriptions deceased patients were represented as the intended recipients of the drugs; on the fifth the name of a fictitious patient was used. The defendant used these forms to obtain the prescribed narcotics and administered them to an addict. He was convicted of ten counts of third-degree forgery under sections 889-b and 881 of the New York Penal Law. On appeal, held, affirmed. Prescriptions issued to deceased and fictitious patients are …

Criminal Law--Search Incident To Arrest For Traffic Violation--Plain View Doctrine--Consent, James W. Barnett

Kentucky Law Journal

No abstract provided.

"The Devil May Care"--Or Should We? A Re-Examination Of Criminal Negligence, Gerhard O. W. Mueller

Kentucky Law Journal

No abstract provided.

Recent Cases

University of Richmond Law Review

This is a summary of the case law from 1966.

The Resistance Standard In Rape Legislation, Roger B. Dworkin

Articles by Maurer Faculty

No abstract provided.

Compensation For Victims Of Crimes, Law Review Staff

Vanderbilt Law Review

The steadily increasing number of crimes in the United States and other Western countries brings about not only the destruction of property and the expenditure of money and effort to apprehend and punish the criminals, but also physical injury to thousands of innocent victims.' Although our society has established elaborate safe-guards for the rights of the accused criminal, the injured victim is left to shoulder the responsibility of paying his own medical bills and providing for his own living expenses while he is unable to work. Because of the extremely high cost of medical and hospital care, even a well …

The Rights Of Prisoners While Incarcerated, David Gerald Jay

Buffalo Law Review

No abstract provided.

Collateral Estoppel In Civil Tax Fraud Cases Subsequent To Criminal Conviction, Michigan Law Review

Michigan Law Review

To secure compliance with federal income tax laws, Congress has provided both criminal and civil penalties. Fines and imprisonment are imposed under section 7201 of the Internal Revenue Code if the Government can prove beyond a reasonable doubts a willful attempt to evade or defeat taxation. Section 6653(b) authorizes, as a civil sanction, a fifty per cent addition upon findings by the Commissioner of fraudulent underpayment. These findings, if challenged by the taxpayer, need only be sustained by a preponderance of the evidence. Because of the similarity between the acts condemned by sections 7201 and 6653(b), conviction under section 7201 …

Reasonable Mistake Of Age: A Needed Defense To Statutory Rape, Larry W. Myers

Michigan Law Review

Hernandez represents the first positive judicial step toward changing the irrational rules which currently control the crime of statutory rape, and its import should furnish a touchstone for the future development of the law of all sex crimes. In the brief period since the Hernandez decision was handed down it has been reaffirmed by its authors, and the legislatures in two other states have enacted statutes which embrace its sound reasoning. However, at least one state has evidenced an intent to follow the traditional judicial approach of imposing strict liability, notwithstanding the defendant's reasonable mistake with respect to the true …

The Right To Effective Counsel In Criminal Cases, Ernest G. Kelly, Jr.

Vanderbilt Law Review

Under the Constitution of the United States as well as the laws of many states, a defendant in a criminal action is entitled not merely to the formality of representation by any counsel but also to some degree of efficacy in this representation. Determining whether this right to effective counsel has been violated is a difficult problem. One source of difficulty is the potential conflict between two strong public policy considerations: the desire to spare a defendant the injustices which can result from ineffective representation as opposed to the need for finality of judgments and the orderly functioning of the …

The Abused Child And The Law, Robert E. Shepherd, Jr.

Washington and Lee Law Review

No abstract provided.

Criminal Assaults In Nonfatal Automobile Accidents

Washington and Lee Law Review

No abstract provided.

The Expanding Horizons Of Legal Services--Ii, Monrad G. Paulsen

West Virginia Law Review

No abstract provided.

Criminal Law And Procedure -- 1964 Tennessee Survey, Graham Parker, Robert E. Kendrick

Vanderbilt Law Review

The substantive criminal law receives little attention from the Tennessee appellate courts. No doubt this observation would be equally true of most jurisdictions. To one who received his legal training in a common law system of criminal law and who yet has had some experience with Canada's federal code of criminal law, the emphasis on criminal procedure is surprising. Does this mean that the state codes of substantive law have reached such heights of perfection and expertise that the efforts of the Model Penal Code draftsmen are unnecessary or, at best, academic? It is unlikely. The position rather reflects a …

Police Interrogation: A Psychoanalytic View, Philipp Brockington

Law Faculty Publications

No abstract provided.

The Expanding Horizons Of Legal Services--I, Monrad G. Paulsen

West Virginia Law Review

In no country of the world are lawyers so important or so influential as they are in America. Lawyers dominate legislative bodies almost everywhere in the United States; they often provide executive leadership for business enterprize and voluntary associations. The best lawyers are respected highly and rewarded with the greatest prizes. The theme of this paper is that the services offered by the legal profession, a profession already engaged in hundreds of tasks, are rapidly expanding. Some new ways of working are emerging. Some old functions are being performed in a new manner. More resources are being provided for that …

Criminal Law - Evidence-Presumption Of Intent Arising From Possession Of Burglarious Tools. Nance V. Commonwealth, 203 V A. 428 (1962), Alfred Swersky

William & Mary Law Review

No abstract provided.

Book Reviews, Francis A. Allen, Donald T. Weckstein, James V. Hayes, Mark S. Massel, Ervin H. Pollack

Journal of Legal Education

No abstract provided.

The Incidence Of The Death Penalty For Rape In Virginia, Donald H. Partington

Washington and Lee Law Review

No abstract provided.

A Critical Study Of The Probate System In West Virginia--Ii, Robert J. Riley Jr.

West Virginia Law Review

No abstract provided.

Criminal Law--Knowledge Of Consequences Of Plea Of Guilty, Charles Edward Barnett

West Virginia Law Review

No abstract provided.

Constitutional Right To Jury Trial In Criminal Contempt Cases?-United States V. Barnett, Michigan Law Review

Michigan Law Review

Federal courts historically have had the power to try criminal contempt cases without a jury. There is a virtually uninterrupted 150-year line of cases which holds that contempt is not a "Crime" or "criminal prosecution" within the meaning of article III and the sixth amendment to the Constitution. Superficially, the decision in United States v. Barnett is in accord with these precedents. However, in an important "dictum," footnote number 12, the majority cautioned that "punishment by summary trial without a jury would be constitutionally limited to that penalty provided for petty offenses." Although the Court itself styles this comment a …

The Principle Of "Harm" In The Concept Of Crime: A Comparative Analysis Of The Criminally Protected Legal Interests, Albin Eser

Duquesne Law Review

Contrary to most continental European criminal theories, in which the notion of harm-defined as a violation of some legally protected interest -plays a key role in determining criminality, Anglo-American criminal jurisprudence has paid little attention to the theoretical exploration and practical employment of the principle of harm.

Criminal Law - Habeas Corpus - Prematurity, John L. Gedid

Duquesne Law Review

Pennsylvania has abrogated the prematurity doctrine.

Commonwealth ex rel. Stevens v. Myers, 419 Pa. 1, 213 A.2d 501 (1965).

Criminal Law And Procedure, John F. Naughton

Duquesne Law Review

Pennsylvania statute that authorizes a jury to impose costs on an acquitted misdemeanor defendant and subjects him to imprisonment for failure to pay such costs is invalid under the due process clause of the fourteenth amendment.

Giaccio v. State of Pennsylvania, 86 Sup. Ct. 518 (1966).

Social Psychological Contributions To The Management Of Law Enforcement Agencies, Sven Lundstedt

Journal of Criminal Law and Criminology

No abstract provided.

Recent Judicial Concepts Of Cruel And Unusual Punishment, Allen Sultan

Villanova Law Review (1956 - )

No abstract provided.