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Articles 1 - 21 of 21
Full-Text Articles in Law
Crimes-Withdrawal Of A Plea Of Guilty
Crimes-Withdrawal Of A Plea Of Guilty
Michigan Law Review
Defendant was charged with the violation of the prohibition law, to which he pleaded guilty. About two months after this plea was in, he filed a motion to withdraw it, and substituted one of not guilty. In support of this motion he set up that he had not been advised of his constitutional rights to have counsel; that the arresting officers told him the case would be heard in a federal court, and his punishment would be light; and that he was unaware of the liquor being in his car (which claim was subsequently disproved by the evidence). The motion …
Criminal Jurisdiction And The Territorial Principle, Wendell Berge
Criminal Jurisdiction And The Territorial Principle, Wendell Berge
Michigan Law Review
The authority of legislatures and courts in criminal matters is supposed to be circumscribed by the territorial boundaries of the state. That as a general proposition the criminal law of a state has no extraterritorial operation, few lawyers would question. But an uncritical acceptance of the proposition is not warranted. Merely to assert that the authority of a state over crime ends at its territorial boundaries is of no help in settling jurisdictional questions in complicated crime situations in which the constituent acts of the crime occur in different states. Modern criminals have little concern for political boundaries except as …
Crimes - Burglary - Structures Subject To
Crimes - Burglary - Structures Subject To
Michigan Law Review
The defendant broke and entered a frame poultry house. Held, the indictment for burglary was sufficient under the statute denouncing the breaking and entering of uninhabited dwelling houses or other buildings. Stover v. State, 37 Ohio App. 213, 174 N.E. 613 (1930).
Report On Crime And The Foreign Born, Joseph Cohen
Report On Crime And The Foreign Born, Joseph Cohen
Michigan Law Review
That the foreign born, more than the native born, tend to run afoul of the law, especially with respect to the more serious offenses, is a popular doctrine which critical opinion in the field of criminology has long been inclined either to qualify as to essential details or to contradict in toto. Twenty years back the Federal Immigration Commission reported that all the evidence then available indicated a lesser criminality on the part of the immigrant group as a whole. Succeeding studies have supported this conclusion. That an adverse view of the foreign born should persist in the face of …
Preliminary Report On Observance And Enforcement Of Prohibition And The Report Supplemental Thereto, Edson R. Sunderland
Preliminary Report On Observance And Enforcement Of Prohibition And The Report Supplemental Thereto, Edson R. Sunderland
Michigan Law Review
The Commission on Law Observance and Enforcement was organized on May 28, 1929. Within six months it issued a Preliminary Report on Observance and Enforcement of Prohibition, under date of November 21, 1929, and shortly thereafter issued a Report supplemental thereto.
Reports Of The National Commission On Law Observance And Enforcement
Reports Of The National Commission On Law Observance And Enforcement
Michigan Law Review
The article section of this issue of the Law Review is devoted to a consideration of the work of the National Commission on Law Observance and Enforcement, commonly called the Wickersham Commission.
Report On The Enforcement Of The Prohibition Laws Of The United States, Albert E. Sawyer
Report On The Enforcement Of The Prohibition Laws Of The United States, Albert E. Sawyer
Michigan Law Review
An attempt will be made in this comment to state the important points in the Report, and to bring together the scattered references to the various groups of information contained in the third collection now being printed by the Senate and to outline very briefly in an appendix the principal relationships between this and the Commission's report. This last is offered in the hope that it may stimulate interest in a closer analysis of this mass of very useful information which might otherwise suffer neglect, not only because of its bulk, but also because of its lack of organization.
Report On Prosecution, Rollin M. Perkins
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 The Cost Of Crime, Herbert F, Taggart
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 The Child Offender In The Federal System Of Justice, Fred R. Johnson
Report On The Child Offender In The Federal System Of Justice, Fred R. Johnson
Michigan Law Review
The Report concerning child offenders in the federal system of justice is a joint report for the National Commission on Law Observance and Enforcement and the White House Conference on Child Health and Protection. The study on which the report is based was conducted by Dr. Miriam van Waters, for many years the referee of the Juvenile Court of Los Angeles. Her choice to direct this study is to be commended. Not only was she in intimate contact with children who were offenders in California, but her experience in varied capacities has made her familiar with juvenile delinquency and its …
Report On The Causes Of Crime, Kenneth Sears
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.
Succession By Murderer-Applicability Of Constructive Trust
Succession By Murderer-Applicability Of Constructive Trust
Michigan Law Review
There do not seem to have been any decided cases in the early common law on the question whether a murderer could succeed to the title to property left by his victim, or derive any benefit from his crime. By the civil law the legal title passed to the criminal, and was afterwards confiscated by the state. What may be said to be the modem rule is not so definitely determined, The numerical majority of cases, beginning with the first case to be decided on the exact question in 1888, have held that he could not succeed. But the decisions …
Crimes-Mistake Of Facts Of A Defense
Crimes-Mistake Of Facts Of A Defense
Michigan Law Review
The defendant was convicted of bigamy under the usual statute (in this case, Fla. Comp, L., 1927, secs. 7559-7660) punishing as bigamous any person remarrying while the former spouse was still living, unless that spouse had been absent three years, the party remarrying not knowing the other to be alive during that time, or unless a legal divorce had been granted. The defense was, that as the defendant's first wife had told him and others that she had secured a divorce and had remarried, and had introduced to him her second husband, he honestly believed her. It was held, …
Crimes-Sentence-Suspension Of Execution
Crimes-Sentence-Suspension Of Execution
Michigan Law Review
The defendant pleaded guilty to an indictment for larceny. He was fined and sentenced to imprisonment for a period of thirty days. Both fine and sentence were conditionally suspended. At a subsequent term, the court, finding that the condition had been violated, ordered the execution of the sentence. Held, that although a court has no power to suspend the execution of a sentence, by making the conditional order of suspension the power later to enforce its judgment was lost. Ex parte Steinmetz (Ohio App. 1930) 172 N.E. 623.
Review: The Law Of Insanity. By George A. Smoot, Arthur Evans Wood
Review: The Law Of Insanity. By George A. Smoot, Arthur Evans Wood
Michigan Law Review
A Review of THE LAW OF INSANITY. By George A. Smoot
Review: Criminology. By Fred E. Haynes, Arthur Evans Wood
Review: Criminology. By Fred E. Haynes, Arthur Evans Wood
Michigan Law Review
A Review of CRIMINOLOGY. By Fred E. Haynes
Some Inadequacies In The Law Of Arrest, John Barker Waite
Some Inadequacies In The Law Of Arrest, John Barker Waite
Michigan Law Review
Suppose that a farmer whose orchard borders the highway happens on the spot in time to see a truck, with the license tag of a foreign state, conveniently parked while the driver loads it with apples which he picks from the farmer's trees. What can the farmer-owner do in respect to the situation?
Evidence-Other Crimes
Michigan Law Review
Judging from the number of opinions handed down in 1930 involving evidence of other crimes committed by the defendant, the modem criminal trial is not complete without some attempt to introduce evidence of this sort.
Crimes-Former Jeopardy-Prosecution In Two Counties For A Continuous Act
Crimes-Former Jeopardy-Prosecution In Two Counties For A Continuous Act
Michigan Law Review
Defendants transported liquor by a single, uninterrupted act from A county to B county in the same state. Having been convicted and fined in B county for the transportation within its boundaries, they were later indicted in A county for that part of the transportation which took place in that territory. A plea of former jeopardy was sustained by the trial judge, and on appeal this holding was affirmed by a divided court, which held, the act constituted a single offense, punishable in either county, but not in both. State v. Shimman et al. (Ohio, 1930) 172 N.E. 367.
Crimes--Acts Done In Commision Of Felony-Common Design
Crimes--Acts Done In Commision Of Felony-Common Design
Michigan Law Review
A group of rioting convicts freed the defendants from their cells in Auburn Prison. The defendants joined in a demand on the prison authorities for liberty to leave the prison safely, and in a threat, in case of resistance to their efforts and demands, to kill the warden and seven guards, who had been captured and disarmed and were held as hostages. The prison authorities adopted a ruse. They permitted the convicts to go into the guard room with the captured personnel, where gas bombs were then discharged. Six to a score of shots were fired, all coming, according to …
Crimes - Venue- Non-Support, Abandonment, And Desertion
Crimes - Venue- Non-Support, Abandonment, And Desertion
Michigan Law Review
Defendant was divorced by his wife in A county in 1926. In 1929, defendant was indicted for non-support of his children, in B county, where his former wife and the children had maintained their home since the divorce. An objection to the venue was raised by the defense, on the ground that, if a crime was committed, it was consummated in A county, where defendant had been living during the time he was charged with non-support. Held, that "the venue of non-support is where that support should be rendered." State v. Anderson (Or. 1930) 290 Pac. 1904