Digital Commons Network^™

Criminal Law--Indictments--Indorsements On Reverse Side, R. W. F.

West Virginia Law Review

No abstract provided.

Criminal Law--Insane Persons--Competency To Stand Trial, B. F. D.

West Virginia Law Review

No abstract provided.

Duplicitous Allegations In Indictments, Marlyn E. Lugar

West Virginia Law Review

No abstract provided.

Judge And The Crime Burden, John Barker Waite

Michigan Law Review

One does not happily charge the judiciary with responsibility for the country's burden of crime, but the responsibility does in fact exist. Judges, though they may not encourage crime, interfere with its prevention in various ways. They deliberately restrict police efficiency in the discovery of criminals. They exempt from punishment many criminals who are discovered and whose guilt is evident. More seriously still, they so warp and alter the public's attitude toward crime and criminals as gravely to weaken the country's most effective crime preventive.

The Technique Of Public Order: Evolving Concepts Of Criminal Law, George H. Dession

Buffalo Law Review

Lecture delivered on January 6, 1955 at The University of Buffalo, as the Annual James McCormick Mitchell Lecture.

Criminal Law And Procedure -- 1955 Tennessee Survey, Austin W. Scott Jr.

Vanderbilt Law Review

Homicide: In Ivy v. State' the defendant, in the course of a fight with A, stabbed B, a peacemaker, killing him. The defendant appealed his conviction of involuntary manslaughter on the theory that the evidence did not support the verdict, since it showed that the defendant was striking at A in self-defense when he unfortunately stabbed B. The court held that the jury could properly find on the evidence either that (1) the defendant, not A, was the aggressor, or (2) even if A were the aggressor, defendant was not in imminent danger or reasonably supposed danger of death or …

Antitrust Administration And Enforcement, John T. Chadwell

Michigan Law Review

The importance of the nation's antitrust policy requires that administration and enforcement powers and techniques be equal to the huge task of effectively safeguarding competition. The recommendations of the Attorney General's Committee represent a statesmanlike effort to balance the need for effective enforcement with the need for the preservation of fairness and the conservation of time and resources in antitrust litigation. Some of the recommendations will undoubtedly engender heated controversy; others seem relatively uncontroversial.

Many individual topics are dealt with in the Report of the committee and space does not permit comment upon all of them. The following discussion is …

Criminal Law - Contradictory Statements Under Oath As Grounds For Perjury In The Federal Courts, Richard M. Adams S.Ed.

Michigan Law Review

Perjury has frequently been described as one of the more difficult convictions to obtain, and the truth of this saying is no better illustrated than in the case of Harvey Matusow. During the two years in which ex-Communist Matusow served as a professional government witness, he accused 180 or more persons as being members of the Communist Party or Communist sympathizers. This same witness has now described himself as a "habitual and perpetual liar" and has publicly admitted that all of his previous testimony was false. On the strength of this recantation, motions were filed for a new trial in …

Criminal Law - Scope Of Lawful Search And Seizure Without Warrant When Incident To Arrest, Richard M. Adams S.Ed.

Michigan Law Review

Acting on information that defendants were engaged in the "numbers racket" in violation of the Michigan gambling laws, police officers picked up three of the defendants in an automobile, took them to the police station, and proceeded to the home of their accomplice, Abbey Clay. On being admitted to the residence, the officers placed Abbey Clay under arrest and, despite her objections, promptly searched the L-shaped room in which they were standing when the arrest was made. Although the officers did not have a search warrant, they looked through defendant's pocketbook, magazine rack, and a cardboard box which was in …

Criminal Law--Immunity From Prosecution, C. R. M.

West Virginia Law Review

No abstract provided.

Criminal Law - Reexamination Of Tests For Criminal Responsibility, Mary Lee Ryan

Michigan Law Review

Criminal law in the Anglo-American system of jurisprudence is based upon the concept that persons should be held responsible for their acts. A strong corrollary to this idea is that certain types of persons, namely the "insane," should not be held responsible for criminal conduct. Although this proposition seems beautifully simple, courts in England and the United States for over a hundred years have wrestled with the problem of what constitutes insanity, or, to phrase it more accurately, what type of mental condition should preclude responsibility for a criminal act.

Criminal Procedure - Standing Of The Press To Protest Judge's Exclusion Of The Public From Criminal Trial, M. Fred Mallender, Ii S.Ed.

Michigan Law Review

Plaintiff newspapers sent reporters to the trial of Minot Jelke. Defendant judge, exercising his discretion, excluded them as well as the general public from the courtroom when testimony dealing with the sordid details of prostitution and pandering was expected. The family and friends of the accused, along with the officers of the court, witnesses and jury were not excluded. Plaintiffs applied to the Supreme Court, Special Term, of New York County for a writ of prohibition to restrain the defendant from enforcing his order. The application for the writ was based on a statute guaranteeing the accused in a criminal …

Criminal Procedure - Venue - Federal Offenses Committed Outside The Jurisdiction Of Any State Or District, Richard R. Dailey

Michigan Law Review

The defendant, an army staff sergeant, was under custody at Fort Meade, Maryland, awaiting disposition of charges of sodomy lodged against him under the Articles of War. After a delay of four months, the charges were dropped and he was shipped by the Army to Fort Jay, New York, where he was separated from the service. Immediately upon his release, he was arrested by the Federal Bureau of Investigation under a commissioner's warrant charging him with treason committed in Japan during a prior enlistment in the army. At the trial in the District Court for the Southern District of New …

Sales - Conditional Sales - Punitive Damages For Forcible Repossession Of Chattel, William G. Cloon, Jr. S.Ed.

Michigan Law Review

Plaintiff purchased a truck under a conditional sales contract which was assigned to the defendant finance company. He drove the truck to the place of business of the defendant to adjust differences between the two parties, but when he attempted to leave after no agreement had been reached, he discovered that the keys had been removed from the truck. When informed that the truck had been repossessed, the plaintiff produced another set of keys but was unable to leave with the truck. The testimony of the plaintiff that an agent of the defendant seized his hand to prevent the unlocking …

Evidence - Validity Of Statutory Presumption Of Intoxication From A Finding Of 0.15 Percent Concentration Of Alcohol In The Blood, Donald F. Oosterhouse S.Ed.

Michigan Law Review

Defendant was tried and convicted of the statutory crime of driving an automobile while under the influence of intoxicating liquor. The state introduced into evidence the result of a blood test, voluntarily submitted to by the defendant, which showed 0,20% concentration of alcohol in the defendant's blood. Arizona statutes established a rebuttable presumption of no intoxication if such tests showed a concentration of 0.05%, or less, of alcohol in one's blood, and of intoxication if the tests showed a concentration of 0.15%, or more. Breath, urine, and direct blood tests are authorized by the statute. Defendant argued that the statute …

Criminal Law-Effect Of Married Woman's Acts On Husband's Liability For Larceny Of Wife's Property [People V. Morton, N. Y. 1954]

Washington and Lee Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

RECENT CASES

Criminal Law--Insanity--Test of Irresponsibility

Criminal Procedure--Continuances--Delay of Trial Because of Crowded Civil Docket

Elections--Underage Candidate--Power of Judiciary over Names Appearing on Ballot

Federal Rules of Civil Procedure--Impleader--UnderRule 14(a)--Effect of Judgment between Plaintiff and Third-Party Defendant

Husband and Wife--Expenses of Last Illness--Husband's Right to Reimbursement under Wife's Will

Joint Tort Feasors--Release of One as Release of All--Application of Rule when First Tort Feasor is not Legally Liable

Restraint of Trade--Employee's Covenant Not to Compete--State-Wide Restraint

Specific Performance--Conveyance of Leased Premises upon Lessee's Exercise of Option to Purchase--Defense of Hardship

Unemployment Compensation--"Suitable" Employment--Refusal of Sabbath on Religious Grounds

Wrongful Death--Unborn …

Compellability Of One Spouse To Testify Against The Other In Criminal Cases, M. Pete Moser

Maryland Law Review

No abstract provided.

Burden Of Proof Of Insanity In Criminal Cases - Thomas V. State

Maryland Law Review

No abstract provided.

Criminal Responsibility And Mental Disorder: New Approaches To An Old Problem

Indiana Law Journal

No abstract provided.

Two Views On The Federal Narcotics Law Problem: Ii - Need For An Effective Treatment And Education Program In The Federal Narcotics Law, Howard W. Jordan

Cleveland State Law Review

Our interest in the extent and nature of the narcotics problem stems from our experience as a social worker and probation officer over a number of years in trying to supervise narcotic users on probation. However, our interest was crystallized in 1951 at the increased number of such cases appearing in our court since 1950, and we became genuinely alarmed. As a result of staff discussion and interest, we were authorized by the chief probation officer, Richard J. McManus, to study this problem and to conduct a preliminary survey of the problem in the State of Ohio. The study pointed …

Two Views On The Federal Narcotics Law Problem: I - Suggestion To Facilitate Apprehension And Conviction Of Narcotic Law Violators, Sumner Canary

Cleveland State Law Review

There are three principal aspects to the enforcement of narcotic laws. They are: (1) the apprehension of the criminal; (2) the prosecution of the offender; and (3) the sentencing of a convicted offender. The United States Attorney is concerned primarily with the prosecution of cases which are prepared by other agencies and presented to him. For the most part, the prosecution of narcotic cases is relatively simple because there is little sympathy on the part of any juror for criminals of this type. Most narcotics come from foreign countries and come into the United States at seaports. Today most narcotics …

Insanity As A Defense - Mcnaghten Rule Repudiated By District Of Columbia - Durham V. United States, Mathias J. De Vito

Maryland Law Review

No abstract provided.

Counter Forces In Prison-Inmate Therapy, Clyde B. Vedder

Journal of Criminal Law and Criminology

No abstract provided.

American Law Institute Iii--Sentencing Function Of The Judge, Gerald F. Flood

Journal of Criminal Law and Criminology

No abstract provided.

Current Notes

Journal of Criminal Law and Criminology

No abstract provided.

Survey Of The Administration Of Criminal Justice

Journal of Criminal Law and Criminology

No abstract provided.

Tort, Crime And The Primitive, Gerhard O. W. Mueller

Journal of Criminal Law and Criminology

No abstract provided.

Police Science Technical Abstracts And Notes

Journal of Criminal Law and Criminology

No abstract provided.

Police Science Book Reviews

Journal of Criminal Law and Criminology

No abstract provided.