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Criminal Law

1965

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Articles 1 - 30 of 128

Full-Text Articles in Law

Criminal Law--Kidnapping, Forrest Hansbury Roles Dec 1965

Criminal Law--Kidnapping, Forrest Hansbury Roles

West Virginia Law Review

No abstract provided.


Criminal Law--Administrative Law And The Right To Trial By Jury, William Jack Stevens Dec 1965

Criminal Law--Administrative Law And The Right To Trial By Jury, William Jack Stevens

West Virginia Law Review

No abstract provided.


Compensation For Victims Of Crimes, Law Review Staff Dec 1965

Compensation For Victims Of Crimes, Law Review Staff

Vanderbilt Law Review

The steadily increasing number of crimes in the United States and other Western countries brings about not only the destruction of property and the expenditure of money and effort to apprehend and punish the criminals, but also physical injury to thousands of innocent victims.' Although our society has established elaborate safe-guards for the rights of the accused criminal, the injured victim is left to shoulder the responsibility of paying his own medical bills and providing for his own living expenses while he is unable to work. Because of the extremely high cost of medical and hospital care, even a well …


Recent Cases, Law Review Staff Dec 1965

Recent Cases, Law Review Staff

Vanderbilt Law Review

Conflict of Laws--Mexican Bilateral Divorce Decree Recognized Even Though Neither Party was a Mexican Domiciliary At Time of Divorce

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Constitutional Law--Section 504 of LMRDA a Bill of Attainder

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Corporations--DeFacto Merger--Dissenters' Rights--Construction of Merger and Amendment Statutes

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Criminal Law--Search and Seizure--Standing Granted for Dyer Act Prosecutions Without Allegation of Possession

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Damages--Restitutionary Relief for Breach of Contract Granted Under the Tucker Act to a Government Contractor

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Federal Employers' Liability Act--Applicability of "In Whole or in Part" Rule of Proximate Cause to Employer's Efforts To Prove Contributory Negligence Plaintiff brought suit under the Federal Employers' Liability Act'

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Collateral Estoppel In Civil Tax Fraud Cases Subsequent To Criminal Conviction, Michigan Law Review Dec 1965

Collateral Estoppel In Civil Tax Fraud Cases Subsequent To Criminal Conviction, Michigan Law Review

Michigan Law Review

To secure compliance with federal income tax laws, Congress has provided both criminal and civil penalties. Fines and imprisonment are imposed under section 7201 of the Internal Revenue Code if the Government can prove beyond a reasonable doubts a willful attempt to evade or defeat taxation. Section 6653(b) authorizes, as a civil sanction, a fifty per cent addition upon findings by the Commissioner of fraudulent underpayment. These findings, if challenged by the taxpayer, need only be sustained by a preponderance of the evidence. Because of the similarity between the acts condemned by sections 7201 and 6653(b), conviction under section 7201 …


The Rights Of Prisoners While Incarcerated, David Gerald Jay Dec 1965

The Rights Of Prisoners While Incarcerated, David Gerald Jay

Buffalo Law Review

No abstract provided.


Costs Of Unsuccessful Criminal Defense Are Deductible "Ordinary And Necessary" Business Expenses--Tellier V. Commissioner, Michigan Law Review Nov 1965

Costs Of Unsuccessful Criminal Defense Are Deductible "Ordinary And Necessary" Business Expenses--Tellier V. Commissioner, Michigan Law Review

Michigan Law Review

Taxpayer, a broker and underwriter, was convicted for violations of the Securities Act of 1933 and the federal mail fraud statute, and for conspiracy to violate those statutes. He claimed a deduction for the legal expenses incurred in his defense. The Commissioner's disallowance of the deduction was sustained by the Tax Court. On appeal to the Court of Appeals for the Second Circuit sitting en banc, held, reversed. Legal expenses incurred in an unsuccessful defense against criminal charges arising out of a trade or occupation are deductible "ordinary and necessary" business expenses.


Reasonable Mistake Of Age: A Needed Defense To Statutory Rape, Larry W. Myers Nov 1965

Reasonable Mistake Of Age: A Needed Defense To Statutory Rape, Larry W. Myers

Michigan Law Review

Hernandez represents the first positive judicial step toward changing the irrational rules which currently control the crime of statutory rape, and its import should furnish a touchstone for the future development of the law of all sex crimes. In the brief period since the Hernandez decision was handed down it has been reaffirmed by its authors, and the legislatures in two other states have enacted statutes which embrace its sound reasoning. However, at least one state has evidenced an intent to follow the traditional judicial approach of imposing strict liability, notwithstanding the defendant's reasonable mistake with respect to the true …


Legislative Efforts To Control Child Abuse In Washington, Anon Oct 1965

Legislative Efforts To Control Child Abuse In Washington, Anon

Washington Law Review

A newly-enacted Washington law permits, and attempts to encourage, the reporting of cases of physical child abuse to law enforcement agencies by physicians and dentists. Upon receipt of such a report, it is made the "duty" of the law enforcement agency to investigate and refer the case to the juvenile court. The new law provides that any person making such a report shall be immune from civil liability that he might have otherwise incurred for reporting the incident. The new law further provides that the physician-patient communication privilege shall not be a ground for excluding evidence in any judicial proceeding …


The Right To Effective Counsel In Criminal Cases, Ernest G. Kelly, Jr. Oct 1965

The Right To Effective Counsel In Criminal Cases, Ernest G. Kelly, Jr.

Vanderbilt Law Review

Under the Constitution of the United States as well as the laws of many states, a defendant in a criminal action is entitled not merely to the formality of representation by any counsel but also to some degree of efficacy in this representation. Determining whether this right to effective counsel has been violated is a difficult problem. One source of difficulty is the potential conflict between two strong public policy considerations: the desire to spare a defendant the injustices which can result from ineffective representation as opposed to the need for finality of judgments and the orderly functioning of the …


Extrajudicial Criminal Confessions In Indiana: Changes In The Law Of Admissibility Oct 1965

Extrajudicial Criminal Confessions In Indiana: Changes In The Law Of Admissibility

Indiana Law Journal

No abstract provided.


The Abused Child And The Law, Robert E. Shepherd, Jr. Sep 1965

The Abused Child And The Law, Robert E. Shepherd, Jr.

Washington and Lee Law Review

No abstract provided.


Search Of Automobile After Arrest For A Traffic Violation Sep 1965

Search Of Automobile After Arrest For A Traffic Violation

Washington and Lee Law Review

No abstract provided.


Criminal Assaults In Nonfatal Automobile Accidents Sep 1965

Criminal Assaults In Nonfatal Automobile Accidents

Washington and Lee Law Review

No abstract provided.


Appointed Counsel In Criminal Prosecutions: A Study Of Indigent Defense, Ronald L. Carlson Jul 1965

Appointed Counsel In Criminal Prosecutions: A Study Of Indigent Defense, Ronald L. Carlson

Scholarly Works

Attorney Carlson surveyed Iowa for the American Bar Association's study of the defense of indigent accused persons, and in this Article the results of that study are disclosed. The author sets forth recent constitutional developments involving appointments of counsel in criminal cases, then reviews criminal procedure and practice as it relates to the indigent. Survey techniques utilized in the study are revealed, and the responses obtained from jurists, prosecutors, and defense attorneys throughout the jurisdiction are detailed. Finally, he advances recommendations to assist in meeting the challenge of justice for the poor.


Criminal Law--Time Limitations In Initiating Habitual Criminal Proceedings, John Payne Scherer Jun 1965

Criminal Law--Time Limitations In Initiating Habitual Criminal Proceedings, John Payne Scherer

West Virginia Law Review

No abstract provided.


The Expanding Horizons Of Legal Services--Ii, Monrad G. Paulsen Jun 1965

The Expanding Horizons Of Legal Services--Ii, Monrad G. Paulsen

West Virginia Law Review

No abstract provided.


Advising A Witness To Exercise His Privilege Against Self-Incrimination When The Adviser's Motive Is To Protect Himself Is An Obstruction Of Justice-Cole V. United States, Michigan Law Review Jun 1965

Advising A Witness To Exercise His Privilege Against Self-Incrimination When The Adviser's Motive Is To Protect Himself Is An Obstruction Of Justice-Cole V. United States, Michigan Law Review

Michigan Law Review

Defendant, who had perjured himself before a federal grand jury, feared that the testimony of his former employee before the same body would reveal the perjury. Knowing that the employee had previously filed a false affidavit with the McClellan Committee, defendant was able to persuade him to invoke his constitutional privilege against self-incrimination. When the former employee later voluntarily made a full disclosure to government agents, defendant was indicted by a second grand jury and convicted of corruptly endeavoring to obstruct the administration of justice in violation of section 1503 of the Federal Criminal Code. On appeal to the Court …


Constitutional Law--The Scope Of The Escobedo Rule, Lester Clay Hess Jr. Jun 1965

Constitutional Law--The Scope Of The Escobedo Rule, Lester Clay Hess Jr.

West Virginia Law Review

No abstract provided.


Abstracts Of Recent Cases, Ralph Judy Bean Jr. Jun 1965

Abstracts Of Recent Cases, Ralph Judy Bean Jr.

West Virginia Law Review

No abstract provided.


Criminal Law And Procedure -- 1964 Tennessee Survey, Graham Parker, Robert E. Kendrick Jun 1965

Criminal Law And Procedure -- 1964 Tennessee Survey, Graham Parker, Robert E. Kendrick

Vanderbilt Law Review

The substantive criminal law receives little attention from the Tennessee appellate courts. No doubt this observation would be equally true of most jurisdictions. To one who received his legal training in a common law system of criminal law and who yet has had some experience with Canada's federal code of criminal law, the emphasis on criminal procedure is surprising. Does this mean that the state codes of substantive law have reached such heights of perfection and expertise that the efforts of the Model Penal Code draftsmen are unnecessary or, at best, academic? It is unlikely. The position rather reflects a …


Police Interrogation: A Psychoanalytic View, Philipp Brockington Apr 1965

Police Interrogation: A Psychoanalytic View, Philipp Brockington

Law Faculty Publications

No abstract provided.


Criminal Law--Confessions Before Arraignment, Dennis Raymond Lewis Apr 1965

Criminal Law--Confessions Before Arraignment, Dennis Raymond Lewis

West Virginia Law Review

No abstract provided.


The Expanding Horizons Of Legal Services--I, Monrad G. Paulsen Apr 1965

The Expanding Horizons Of Legal Services--I, Monrad G. Paulsen

West Virginia Law Review

In no country of the world are lawyers so important or so influential as they are in America. Lawyers dominate legislative bodies almost everywhere in the United States; they often provide executive leadership for business enterprize and voluntary associations. The best lawyers are respected highly and rewarded with the greatest prizes. The theme of this paper is that the services offered by the legal profession, a profession already engaged in hundreds of tasks, are rapidly expanding. Some new ways of working are emerging. Some old functions are being performed in a new manner. More resources are being provided for that …


Criminal Law - Evidence-Presumption Of Intent Arising From Possession Of Burglarious Tools. Nance V. Commonwealth, 203 V A. 428 (1962), Alfred Swersky Apr 1965

Criminal Law - Evidence-Presumption Of Intent Arising From Possession Of Burglarious Tools. Nance V. Commonwealth, 203 V A. 428 (1962), Alfred Swersky

William & Mary Law Review

No abstract provided.


Crime And The Criminal Law. By Barbara Wootton., Monrad G. Paulsen Apr 1965

Crime And The Criminal Law. By Barbara Wootton., Monrad G. Paulsen

Buffalo Law Review

No abstract provided.


Justice William 0. Douglas And The Concept Of A "Fair Trial", Helen S. Thomas Mar 1965

Justice William 0. Douglas And The Concept Of A "Fair Trial", Helen S. Thomas

Vanderbilt Law Review

This article seeks briefly to demonstrate the ways in which this basic commitment of Justice Douglas bear on particular constitutional issues, particularly with regard to criminal cases. The article treats these issues under five general headings: detention; the right to counsel; bail; the right to trial by jury; and trial procedures. Some overlapping between sections cannot be avoided; but it is hoped that this organization will bring the problems more sharply into focus.


The Incidence Of The Death Penalty For Rape In Virginia, Donald H. Partington Mar 1965

The Incidence Of The Death Penalty For Rape In Virginia, Donald H. Partington

Washington and Lee Law Review

No abstract provided.


Mistake Of Age As A Defense To Statutory Rape Mar 1965

Mistake Of Age As A Defense To Statutory Rape

Washington and Lee Law Review

No abstract provided.


Criminal Law--Use Of Presumptions To Shift Burden Of Proof, Frank Cuomo Jr. Feb 1965

Criminal Law--Use Of Presumptions To Shift Burden Of Proof, Frank Cuomo Jr.

West Virginia Law Review

No abstract provided.