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Criminal Procedure

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Criminal Law And Procedure - Essential Definiteness Of Criminal Statutes - Automobile Regulations, Robert Meisenholder Jan 1939

Criminal Law And Procedure - Essential Definiteness Of Criminal Statutes - Automobile Regulations, Robert Meisenholder

Michigan Law Review

Defendant was convicted of reckless driving under section 48 of the Illinois Uniform Traffic Act which reads, "Any person who drives any vehicle with a wilful or a wanton disregard for the safety of persons or property is guilty of reckless driving." He appealed on the ground that the statute violated the Illinois Constitution because it was too vague, indefinite, and uncertain. Held, that the statute did not violate the constitution and was a valid exercise of the police power of the legislature. People v. Green, 368 Ill. 242, 13 N. E. (2d) 278 (1938).

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Criminal Law And Procedure - Physicians And Surgeons - Contraceptive Statutes And Implied Exceptions Thereto, Thomas K. Fisher Dec 1938

Criminal Law And Procedure - Physicians And Surgeons - Contraceptive Statutes And Implied Exceptions Thereto, Thomas K. Fisher

Michigan Law Review

A Massachusetts statute made the selling of any drug, medicine or instrument for the prevention of conception a criminal offense. The defendants, a doctor, a nurse, and two social workers, all connected with a charitable association, prescribed and sold contraceptives to non-pregnant, married women. Defendants' offer of proof, admitting the facts charged, but contending that the statute did not apply where the sale was made under a physician's prescription for the preservation of life or health, was found by the trial court to constitute no defense. Held, that the wording was plain and unequivocal allowing for no implied exception. …

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Attachment And Garnishment--Property Of Prisoner In Hands Of Officer--Custodia Legis Feb 1936

Attachment And Garnishment--Property Of Prisoner In Hands Of Officer--Custodia Legis

West Virginia Law Review

No abstract provided.

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Public Policy And The Arrest Of Felons, John Barker Waite Apr 1933

Public Policy And The Arrest Of Felons, John Barker Waite

Michigan Law Review

Under the judicial rulings of a score of States, it may happen that a man is arrested for the crime of carrying concealed weapons, that irrefutable evidence of guilt is found upon him, and that he nevertheless evades conviction and punishment because the courts will not permit the evidence to be used. It not only may happen; it does actually occur with shocking and incredible frequency. Yet oddly enough this practice appears to be in flat conflict with the statute law of some of those States and with the provisions of the model Code of Criminal Procedure recently approved by …

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Liberty And The Police Power, Clarence Emmett Manion Jan 1928

Liberty And The Police Power, Clarence Emmett Manion

Journal Articles

The American citizen now has practically no rights of person or property that neither Congress nor the State legislature may not impair by legislation. The adoption of the Articles of Confederation and the Federal Constitution served merely to transfer to the Federal government certain powers formerly exercised by the individual States. When all individuals were protected in the exercise of their respective rights it was never supposed that the rights of the individual were to be protected or approached through the avenues of legislation dictated by majority opinions as to what is now and again for the "general good". The …

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Abolish The Jury, J. C. Mcwhorter Jan 1923

Abolish The Jury, J. C. Mcwhorter

West Virginia Law Review

No abstract provided.

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