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Criminal Procedure

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Report On Prosecution, Rollin M. Perkins Nov 1931

Report On Prosecution, Rollin M. Perkins

Michigan Law Review

The logical starting point was the discovery and restatement of existing knowledge and information on these subjects, and because of the tremendous mass of material which has appeared in the form of surveys and reports within the last decade and a half, it was deemed wise to enlist the services of an expert in such matters. The analysis which he has produced, let it be added, amply justifies the Commission in his selection.


Report On Criminal Procedure, Rollin M. Perkins Nov 1931

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 Initiation Of Criminal Prosecutions By Indictment Or Information, Raymond Moley Feb 1931

The Initiation Of Criminal Prosecutions By Indictment Or Information, Raymond Moley

Michigan Law Review

One of the most pronounced changes in criminal procedure proposed by the new criminal code prepared under the direction of and approved by the American Law Institute is that which proposes "all offenses heretofore required to be prosecuted by indictment may be prosecuted either by indictment or information.'' This would radically affect the present criminal procedure of one-half of the states. In twenty-four states prosecution of practically all cases may now be by information. The reform thus officially proposed by the Institute has been widely recommended by commissions and committees interested in the reform of criminal procedure. In many of …


Proposed Legislation For Enforcement Of Prohibition, Thomas Frank Konop Apr 1930

Proposed Legislation For Enforcement Of Prohibition, Thomas Frank Konop

Journal Articles

Under date of November 21st, 1929, the Commission on Law Observance and Enforcement made a preliminary report to the President on observance and enforcement of prohibition. Under subdivision (D) of that report, the Commission offered three methods to relieve the congestion in the Federal Courts. Although the bills are constitutional, they will not relieve congestion. Instead, the will promote fraud and lower citizens' respect for the Federal Judiciary and the Constitution.


Waiver Of Trial By Jury In Criminal Cases, S. Chesterfield Oppenheim May 1927

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.


Book Review. Sayre, Francis Bowes (Ed.), A Selection Of Cases On Criminal Law, Ralph F. Fuchs Jan 1927

Book Review. Sayre, Francis Bowes (Ed.), A Selection Of Cases On Criminal Law, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.


Proposals For The Improvement Of The Administration Of Criminal Justice In Indiana, James J. Robinson Dec 1926

Proposals For The Improvement Of The Administration Of Criminal Justice In Indiana, James J. Robinson

Indiana Law Journal

No abstract provided.


Some Fossils Of Criminal Procedure, Lenn J. Oare Mar 1926

Some Fossils Of Criminal Procedure, Lenn J. Oare

Indiana Law Journal

No abstract provided.


Irresistible Impulse And Criminal Liability, John Barker Waite Mar 1925

Irresistible Impulse And Criminal Liability, John Barker Waite

Michigan Law Review

Do you believe in free-will, or mechanistic determinism, or fore-ordination, or fatalism? What do you mean by 'irresistible impulse'? What is the purpose of this prosecution against which you advocate, or deny, irresistible impulse as a defense; and just what do you mean by 'defense'? If, instead of one question, "is irresistible impulse a defense", we should ask these other questions of counsel, judge and medical expert, how often would their answers be in accord? Yet the one question can never be intelligently discussed in the absence of certainty and agreement as to the other premises. There are certain combinations …


Comments On Decisions In Criminal Cases In 1922, John Junior Howe Jan 1923

Comments On Decisions In Criminal Cases In 1922, John Junior Howe

Kentucky Law Journal

No abstract provided.


Book Reviews, Edwin W. Patterson, Edson R. Sunderland, C E. Griffin May 1922

Book Reviews, Edwin W. Patterson, Edson R. Sunderland, C E. Griffin

Michigan Law Review

The title of this brilliant little volume might, more accurately, have been, "The Spirits of the Common Law," for it depicts the common law as the battleground of many conflicting spirits, from which a few relatively permanent ideas and ideals have emerged triumphant. As a whole, the book is a pluralistic-idealistic interpretation of legal history. Idealistic, because Dean Pound finds that the fundamentals of the 'common law have been shaped by ideas and ideals rather than by economic determinism or class struggle; he definitely rejects a purely economic interpretation of legal history, although he demands a sociological one (pp. io-ii). …


How Shall The People Of The United States Of America Reform Their Legal Procedure So As To Make It An Instrument Of Justice?, Hugh Evander Willis Jan 1915

How Shall The People Of The United States Of America Reform Their Legal Procedure So As To Make It An Instrument Of Justice?, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.