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Articles 1 - 15 of 15
Full-Text Articles in Law
Constitutional Law-Saboteurs And The Jurisdiction Of Military Commissions, George T. Schilling
Constitutional Law-Saboteurs And The Jurisdiction Of Military Commissions, George T. Schilling
Michigan Law Review
The jurisdiction of military tribunals in the United States has troubled political and legal writers since the days of the Revolution. Decided cases are not numerous. The boundaries separating military and civil jurisdiction are not precise. Observations of the plight of oppressed peoples in other lands as well as the conception of total war and the course of action necessary for survival warrant a reexamination and reappraisal of our constitutional guarantees, which were in part based upon and reflect a fear of tyrannical military rule. A pronouncement of the Supreme Court of the United States in this field is, therefore, …
Constitutional Law-Trial By Jury-Conditions Of Valid Waiver
Constitutional Law-Trial By Jury-Conditions Of Valid Waiver
Michigan Law Review
Until the rendition of the Supreme Court's lengthy opinion in Patton v. United States the consequence of a defendant's waiver of his constitutional right to trial by jury in criminal cases, and his resultant trial without a jury of twelve persons, was matter for vigorous disputation. The decisions from various jurisdictions are conflicting and confused. Some courts have declared flatly that the right cannot be validly waived and that conviction following an attempted waiver is a nullity. But their reasons for so holding are widely variant.
Recent Decisions, Michigan Law Review
Recent Decisions, Michigan Law Review
Michigan Law Review
The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.
Criminal Law And Procedure - Statutes-Constitutionality Of Criminal Penalties For Unreasonable Deductions Under Federal Income Tax Statute, William H. Shipley
Criminal Law And Procedure - Statutes-Constitutionality Of Criminal Penalties For Unreasonable Deductions Under Federal Income Tax Statute, William H. Shipley
Michigan Law Review
Defendant was indicted for attempting to evade the federal tax on the income of a certain corporation for the years 1933 to 1936. In providing for deductions from gross income, the statute permits a reasonable allowance for salaries or other compensation for personal services. The government charged that the defendant was a party to a fraudulent scheme whereby, under the guise of paying commissions for services, which commissions were · deducted from gross income, the corporation distributed profits to its stockholders. The trial court submitted to the jury the issue whether the deduction represented a reasonable allowance for the services …
Constitutional Law - Due Process - Notice And Hearing - Validity Of Statute Authorizing Seizure Of Property Illegally In Possession Of Pawnbroker, Wilbur Jacobs
Michigan Law Review
Complainant, believing his property to be illegally in the possession of defendant pawnbroker, obtained a search warrant, authorized by statute to be issued, on complaint under oath, by any magistrate who is satisfied that there is reasonable cause for complainant's belief. Although the statute required the property to be seized and delivered to complainant on his posting a bond for double the value of the property, the property was not in fact seized. However, actual notice to appear and be heard on a certain date was given to the defendant, even though such notice was not expressly required by the …
Criminal Law And Procedure - Conspiracy To Commit A Misdemeanor As A Felony, Michigan Law Review
Criminal Law And Procedure - Conspiracy To Commit A Misdemeanor As A Felony, Michigan Law Review
Michigan Law Review
The defendant was indicted for conspiring to destroy the poles and wires of an electric public utility, the destruction of such property being a statutory misdemeanor. The indictment was prosecuted under the provision of the Michigan statutes which states that all crimes indictable at common law are punishable as felonies unless specifically declared otherwise by the statute. The crime of conspiracy comes under this "common-law offense" provision. Upon denial of his motion to dismiss, defendant sought mandamus to review the ruling. Held, an agreement to do an act made a misdemeanor by statute is a common-law conspiracy, and such …
Criminal Law And Procedure - Conditional Pardons - Right To Notice And Hearing Upon Revocation For Breach Of Condition, Smith Warder
Criminal Law And Procedure - Conditional Pardons - Right To Notice And Hearing Upon Revocation For Breach Of Condition, Smith Warder
Michigan Law Review
Plaintiff was granted a pardon upon the condition that if he failed to conduct himself as a useful, upright and law-abiding citizen, he could be rearrested and reconfined at the discretion of the Governor. The Governor made an ex parte revocation and plaintiff was returned to the penitentiary. The action of the Governor was sustained in the state courts. Plaintiff brings habeas corpus in the federal court. Held, plaintiff had a constitutional right to be heard and the denial of this right was in violation of the due process clause of the Fourteenth Amendment. Fleenor v. Hammond, (C. …
A Resume Of Decisions Of The United States Supreme Court On Federal Criminal Procedure, Lester B. Orfield
A Resume Of Decisions Of The United States Supreme Court On Federal Criminal Procedure, Lester B. Orfield
Kentucky Law Journal
No abstract provided.
The Admissibility Of Evidence Of Other Crimes In A Criminal Prosecution, John A. Fulton
The Admissibility Of Evidence Of Other Crimes In A Criminal Prosecution, John A. Fulton
Kentucky Law Journal
No abstract provided.
Evidence--Confession Of A Third Party As Admissible Evidence In A Criminal Case, E. R. Webb
Evidence--Confession Of A Third Party As Admissible Evidence In A Criminal Case, E. R. Webb
Kentucky Law Journal
No abstract provided.
Admissibility Of Third Party Confessions, Harry W. Roberts Jr.
Admissibility Of Third Party Confessions, Harry W. Roberts Jr.
Kentucky Law Journal
No abstract provided.
The Effects Of Mental Defects Amounting To Less Than Insanity Upon Criminal Responsibility, Roy Vance Jr.
The Effects Of Mental Defects Amounting To Less Than Insanity Upon Criminal Responsibility, Roy Vance Jr.
Kentucky Law Journal
No abstract provided.
Coram Nobis In Kentucky, Grant F. Knuckles
New Federal Criminal Rules: Objectives Of Federal Criminal Procedural Revision, Jerome Hall
New Federal Criminal Rules: Objectives Of Federal Criminal Procedural Revision, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Criminal Law And Procedure - Charging One Theft As Several Larcenies, A Series Of Thefts As A Single Larceny, Michigan Law Review
Criminal Law And Procedure - Charging One Theft As Several Larcenies, A Series Of Thefts As A Single Larceny, Michigan Law Review
Michigan Law Review
The gist of the crime of larceny both at common law and under statutes is a fraudulent taking of the personal property of another with an intent to appropriate it. One taking coupled with the necessary intent normally constitutes a single offense of larceny, and normally the courts limit their inquiry to whether there is such taking and intent; if the finding is in the affirmative the crime of larceny is established. Yet the courts tend to go beyond these limits of inquiry where the problem arises whether a single offense or several distinct offenses have been committed. Two types …