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Michigan Law Review

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Criminal Law In Russia, Pendelton Howard Jun 1932

Criminal Law In Russia, Pendelton Howard

Michigan Law Review

A Review of SOVIET ADMINISTRATION OF CRIMINAL LAW. By Judah Zelitch.


Book Notes And Notices Jun 1932

Book Notes And Notices

Michigan Law Review

This department undertakes to list and, when possible, describe briefly current books on law and related subjects (e.g. economics, business, finance, sociology, government, etc.) which are of possible value to the legal profession.


Book Notes And Notices May 1932

Book Notes And Notices

Michigan Law Review

This department undertakes to list and, when possible, describe briefly current books on law and related subjects (e.g. economics, business, finance, sociology government etc.) which are of possible value to the legal profession.


Front Matter, Michigan Law Review Apr 1932

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 30, Issue 6 of Michigan Law Review


Criminal Law - Federal Removal Proceedings - Conclusiveness Of The Indictment Apr 1932

Criminal Law - Federal Removal Proceedings - Conclusiveness Of The Indictment

Michigan Law Review

A vexatious question, and one which frequently arises in proceedings for removal from one federal district to another for trial, is to what extent the courts will go in weighing the force of the evidence against the accused. The government, when asking removal, presents to the court or commissioner a copy of the indictment found in the district to which removal is asked, and frequently rests on this, after giving evidence that the defendant is the party named in the indictment. The defendant, on the other hand, usually presents a mass of evidence, relevant and irrelevant, in an endeavor to …


English Criminal Prosecutions, John B. Waite Apr 1932

English Criminal Prosecutions, John B. Waite

Michigan Law Review

A review of CRIMINAL JUSTICE IN ENGLAND, A STUDY IN LAW ADMINISTRATION. By Pendleton Howard.


An Extravagant Account Mar 1932

An Extravagant Account

Michigan Law Review

A review of OUR LAWLESS POLICE. By Ernest Jerome Hopkins.


Book Notes And Notices Jan 1932

Book Notes And Notices

Michigan Law Review

This department undertakes to list and, when possible, describe briefly current books on law and related subjects (e.g. economics, business, finance, sociology, government, etc.) which are of possible value to the legal profession.


The Recognition Of Russia, Edwin D. Dickinson Dec 1931

The Recognition Of Russia, Edwin D. Dickinson

Michigan Law Review

Revolution in Russia culminated, on March 15, 1917, in the abdication of the Romanoffs and the establishment of the Provisional Government. In November, 1917, the Provisional Government was overthrown by the Bolsheviki and the Russian Socialist Federated Soviet Republic was proclaimed. Thus in nine turbulent months authority in Russia passed from the autocracy of the Czars, through the ineffective hands of the moderates, to extreme radicals frankly committed to communism and the dictatorship of the proletariat.


The Courts, The Press, And The Public, Stuart H. Perry Dec 1931

The Courts, The Press, And The Public, Stuart H. Perry

Michigan Law Review

It was with especial gratification that I accepted this invitation to speak. It is a pleasure to be with you, and it affords me an opportunity to contribute to a discussion of matters that are of great importance to your profession and my own and to the public. Perhaps I should not thus separate myself from your profession. I am still at least nominally a member of the bar, and though it is many years since I last appeared in court I have a keen and sympathetic interest in legal matters and enjoy my contacts with the bench and bar …


Book Notes And Notices Dec 1931

Book Notes And Notices

Michigan Law Review

This department undertakes to list and, when possible, describe briefly current, books on law and related subjects (e.g. economics, business, finance, sociology, government, etc.) which are of possible value to the legal profession.


Report On The Cost Of Crime, Herbert F, Taggart Nov 1931

Report On The Cost Of Crime, Herbert F, Taggart

Michigan Law Review

The full title of the twelfth report of the National Commission on Law Observance and Enforcement is "Report on the Cost of Crime and Criminal Justice in the United States." A more descriptive title, suggested by the actual content of the report, would be "The Economic Consequences of Crime." The report constitutes a volume of 657 pages, of which the report proper covers 453 pages, and various appendices make up the balance. For the hasty reader the most essential parts are the first eight pages, constituting the Commission's comments, and the summary and recommendations, of Messrs. Goldthwaite H. Dorr and …


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 Statistics, Lent D. Upson Nov 1931

Report On Criminal Statistics, Lent D. Upson

Michigan Law Review

Among the reports of the National Commission on Law Observance and Enforcement, probably none received so little public attention as that on criminal statistics. Statistics, even of the criminal variety, are dull at the best, and not calculated to whet the imagination. One murder may be the basis of a printed volume of gory details and misleading clues with everybody suspected from the parish curate to the author himself. But murders by the gross or bale leave all unmoved except the most hardened editorial commentator.


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 …


Report On The Causes Of Crime, Kenneth Sears Nov 1931

Report On The Causes Of Crime, Kenneth Sears

Michigan Law Review

The Report of the Commission, together with a number of special reports of individuals and groups concerning various features of the problem of the causes of crime, is in two large volumes of about four hundred pages each.


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 …


The Scope Of Judicial Review, Edson R. Sunderland Feb 1929

The Scope Of Judicial Review, Edson R. Sunderland

Michigan Law Review

There was nothing known to the common law which was, or could properly be called, a true appeal from one court to another, and this was so in England until the judicature act of 1873. There were, however, certain imperfect and restricted methods by which some sort of redress could be had for an unjust decision.


The Collection Of Criminal Statistics In The United States, Raymond Moley May 1928

The Collection Of Criminal Statistics In The United States, Raymond Moley

Michigan Law Review

It is well known to those who have attempted to secure final reliable and significant statistical data concerning crime and the enforcement of the criminal law in the United States that only the barest outline of the American crime problem is shown by the data now obtainable. Such diversity exists among recording agencies that we can not safely compare cities and states in the amount of crime reported to the police; the characteristics of these crimes or of those arrested for their crimes are so inadequately kept that little sociological data are available; we can not from material now published …


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.


The Legal Position Of Foreigners In Soviet Russia, Leo Zaitzeff Dr. Mar 1926

The Legal Position Of Foreigners In Soviet Russia, Leo Zaitzeff Dr.

Michigan Law Review

The Soviet Government has replaced the entire previous legal order by legislation of its own; it is therefore not surprising that even in well informed legal circles outside of Russia very vague and indefinite notions exist regarding the legal situation there. In the last few years moreover, many states have considered it necessary to recognize the Soviet Government. Since this recognition or even before, there have been some economic undertakings within &met territory by foreign individuals, but even these persons for the most part were entirely unfamiliar with the Soviet laws.


The Law School And The Professional Tradition, Roscoe Pound Dec 1925

The Law School And The Professional Tradition, Roscoe Pound

Michigan Law Review

Only historians know that Michigan, Illinois and Wisconsin were once, at least in legal theory, governed by the Custom of Paris. That fact has not left a mark upon the actual law of any of those jurisdictions. Nor is the reason far to seek. In the pioneer days of the French occupation of this part of North America there was little scope for such law as is to be found in books. There was need only for a rude administration of offhand justice in the simple concerns of a frontier society. And had there been need for anything more, the …


Book Reviews Jun 1925

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.


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 …


Constitutional Law-Restricting Liberty Without Due Process Of Law-Extorted Confessions Feb 1925

Constitutional Law-Restricting Liberty Without Due Process Of Law-Extorted Confessions

Michigan Law Review

Of recent years the administration of criminal justice has increased many-fold, owing to the constantly increasing size of our great cities and the period of growing social unrest in which we find ourselves. Public opinion has demanded a more effective mode of dealing with those who break the law with seeming impunity. In view of this attitude it is only natural that in a particularly baffling crime the police should seek to obtain some clue of the criminals by grilling suspects. This has resulted in many cases in acts which to say the least are over-zealous. In a recent case …


Book Reviews Nov 1922

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.


Book Reviews, Burke Shartel, Grover C. Grismore, S C. Ho, S M. Ho, Evans Holbrook, Henry M. Bates Jun 1922

Book Reviews, Burke Shartel, Grover C. Grismore, S C. Ho, S M. Ho, Evans Holbrook, Henry M. Bates

Michigan Law Review

History of the San Francisco Committee of Vigilance of 1851. By Mary Floyd Williams. University of California Publications in History, Volume XII. "Berkeley: The University of California Press. 192I. Pp. xii, 543.


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). …


Judges In The British Cabinet And The Struggle Which Led To Their Exclusion After 1806, Arthur Lyon Cross Nov 1921

Judges In The British Cabinet And The Struggle Which Led To Their Exclusion After 1806, Arthur Lyon Cross

Michigan Law Review

Among the anomalies in the queer and devious course of Eng- £ lish constitutional progress few have been more striking than the number of reforms which have been due to the Conservatives.. One of no little significance was brought about during that period of political stagnation-the era of the French Revolution and the Napoleonic Wars. This was the exclusion of judges from the Cabinet, as the result of a political struggle in which the forces of opposition, though temporarily defeated, formulated a policy which was destined henceforth to prevail.


History Of Michigan Constitutional Provision Prohibiting A General Revision Of The Laws, W L. Jenks Apr 1921

History Of Michigan Constitutional Provision Prohibiting A General Revision Of The Laws, W L. Jenks

Michigan Law Review

Alone among the states of the Union, Michigan has, since i85o, pr6hibited any general revision of the laws and permits only a compilation of laws in force without alteration. As practically all the neighboring states, as well as New York, from which much of the early legislatiorf of Michigan was derived, have continued to revise their statutes from time to time, it may be interesting to see why Michigan alone has thought it desirable not only to stop the practice which it followed until I85o, but to prevent effectually its legislature from ever attempting it in the future.