Law Commons^™

The Use Of The Administrative Summons In Federal Tax Investigations, James D. Burroughs

Villanova Law Review (1956 - )

No abstract provided.

The Use Of Public Opinion Polls In Continuance And Venue Hearings, Edward F. Sherman

Articles by Maurer Faculty

Courts are becoming increasingly receptive to the admission of the results of public opinion polls to show community attitudes and prejudgments as to certain criminal cases in which continuances or changes of venue are sought by the defendants. Mr. Sherman concludes that polls may provide a degree of evidentiary certainty now lacking, but he warns that polls can also be tricky unless properly conducted and interpreted.

Misconduct Of Judges And Attorneys During Trial: Informal Sanctions, Charles W. Ehrhardt

Scholarly Publications

No abstract provided.

Other Answers: Search And Seizure, Coerced Confession And Criminal Trial In Scotland, Paul Hardin Iii

Faculty Scholarship

No abstract provided.

Criminal Law—Inculpatory Statements Given Before Arraignment Where Consultation With Counsel Refused, Now Inadmissable., James B. Denman

Buffalo Law Review

No abstract provided.

The Rule Of Announcement And Unlawful Entry: Miller V. United States And Ker V. California, G. Robert Blakey

Journal Articles

Mr. Justice Frankfurter, in his classic dissent in United States v. Rabinowitz, pointed out that "the safeguards of liberty have frequently been forged in controversies involving not very nice people." Few cases decided by the Supreme Court since Rabinowitz have better illustrated that observation than Miller v. United States and Ker v. California. This Article will consider the problems posed in the administration of federal criminal justice by the "liberty forged" in these two decisions.

Until the Miller decision in 1958, the Supreme Court had never squarely considered and decided a question of announcement and unlawful entry. It is therefore …

Power To Comment On The Issue Of Guilt: Trial By Jury Or Trial By Judge, Thomas F. Schilpp

Villanova Law Review (1956 - )

No abstract provided.

Felony-Murder - Surviving Co-Felons Are Punishable For First Degree Murder Under California Penal Code Section 189 For The Killing Of A Confederate By The Owner Of The Store Which They Were Robbing (People V. Hand, Cal. 1963), Robert C. Baxley

San Diego Law Review

In the process of executing a planned robbery of a store, one of four robbers was killed by the owner. The store had been previously robbed and the owner was waiting for such a recurrence. Held, on demurrer to the indictment, the surviving felons were punishable for first degree murder because the legislature intended this fact situation to be within the purview of section 189 and because of a strong public policy as a deterrent to violent felonies. People v. Hand, Crim. No. 5471, Super. Ct., San Diego (July 22, 1963).

In Search Of Criminology. By Leon Radzinowicz, William B. Enright

San Diego Law Review

At the 1963 California State Bar Convention, Chief Justice Phil S. Gibson, in the course of an address to the profession, stated: "History will judge the quality of a civilization by the manner in which it enforces its criminal laws." This remark by the Chief Justice indicates the larger problem to which the author of the new book In Search of Criminology has addressed himself.

Criminal Law--Insanity And Criminal Responsibility--The Status Of The M'Naughten Plus Irresistible Impulse Test, John Dixon Jr.

Kentucky Law Journal

No abstract provided.

Criminal Procedure--Right To Transcript--In Forma Pauperis Appeal, Marshall Loy

Kentucky Law Journal

No abstract provided.

Criminal Law--Disqualification Of Jurors, Fred Adkins

West Virginia Law Review

No abstract provided.

Poverty And Criminal Justice, Arval A. Morris

Washington Law Review

A conflict of the ideal of equality with reality exists today. Although our society has been characterized as affluent, there exist many citizens for whom reasonable legal fees appear unreasonable or impossible.

Double Jeopardy Where Both City And State Prosecute The Same Act, L. William Houger

Washington Law Review

This comment's concern is the situation in which a municipality and a state each define the same conduct as criminal, and each, in a separate action prosecutes the same defendant for the same act. The sole question explored in this comment is whether there is, or should be, a bar, on the ground of double jeopardy, to city or state prosecutions where the other has prosecuted. An attempt has been made exhaustively to canvass the question and also the position of the state and federal courts.

Criminal Law And Procedure—Arrest For Misdemeanor Not Committed In Presence Of Officer Not Supportable By Evidence Seized Incident Thereto, Douglas P. Grawunder

Buffalo Law Review

People v. Caliente, 12 N.Y.2d 89, 184 N.E.2d 550, 236 N.Y.S.2d 945 (1962).

Criminal Law And Procedure—Right To Prompt Trial Not Lost By Incarcerated Prisoner Where Request For New Trial Not Forwarded To Prosecutor By Prison Authorities, William J. Kirk

Buffalo Law Review

People v. Masselli, 13 N.Y.2d 1, 191 N.E.2d 457, 240 N.Y.S.2d 976 (1963).

Admissibility Of Fingerprint Evidence And Constitutional Objections To Fingerprinting Raised In Criminal And Civil Cases, Andre A. Moenssens

Chicago-Kent Law Review

No abstract provided.

Criminal Law And Procedure—Search And Seizure Authorized As Incident To Lawful Arrest Despite Failure To State Authority And Cause, George P. Doyle

Buffalo Law Review

People v. Coffey, 12 N.Y.2d 443, 182 N.E.2d 92, 237 N.Y.S.2d 694 (1963).

Criminal Law And Procedure—Waiver Of Trial By Jury In Criminal Cases, James B. Denman

Buffalo Law Review

People v. Duchin, 12 N.Y.2d 351, 190 N.E.2d 17, 239 N.Y.S.2d 670 (1963).

Criminal Law And Procedure—Coram Nobis—Proper Remedy Where Defendant Has Been Wrongfully Prevented From Taking Of Perfecting An Appeal, Joseph S. Forma

Buffalo Law Review

People v. Adams, 12 N.Y.2d 417, 190 N.E.2d 529, 240 N.Y.S.2d 155 (1963).

Criminal Law And Procedure—Admissibility Of Exculpatory Portions Of A Defendant’S Statement After Incriminating Portions Have Been Allowed Into Evidence, William J. Kirk

Buffalo Law Review

People v. Gallo, 12 N.Y.2d 12, 186 N.E.2d 401, 234 N.Y.S.2d 193 (1962).

Criminal Law And Procedure—Coram Nobis And Exhaustion Of The Appellate Process, Carl B. Kustell

Buffalo Law Review

People v. Howard, 12 N.Y.2d 65, 187 N.E.2d 113, 236 N.Y.S.2d 39 (1962).

Criminal Law And Procedure—Coram Nobis As Proper Remedy For Testimony Not Perjured And Not Knowingly Used, Peter H. Bickford

Buffalo Law Review

People v. Robertson, 12 N.Y.2d 355, 190 N.E.2d 19, 239 N.Y.S.2d 673 (1963).

Criminal Law And Procedure—Coram Nobis Not To Be Granted Where No Showing That Perjured Testimony Was Used, Anthony S. Kowalski

Buffalo Law Review

People V. Romeo, 12 N.Y.2d 751, 186 N.E.2d 420, 234 N.Y.S.2d 224 (1962).

Involuntary Confessions And New York Procedure

Washington and Lee Law Review

No abstract provided.

Immunity From Service Of Nonresident Criminal Defendants

Washington and Lee Law Review

No abstract provided.

Criminal Law—Admissibility Of Confessions, Michael D. Garvey

Washington Law Review

State v. Moore recently held that only two proper grounds exist for excluding a confession from evidence in a criminal trial: That it was obtained in violation of the due process clause of the fourteenth amendment to the federal constitution or that it has not met the test provided by Washington statute. The Washington Constitution provides that, "no person shall be compelled in any criminal case to give evidence against himself . . ."' But the court held that this provision does not apply to the admissibility of confessions. The defendant had been convicted of second degree burglary and grand …

Criminal Law—Double Jeopardy, David W. Sandell

Washington Law Review

In State v. Connors, the Washington State Supreme Court held that a defendant had been placed in jeopardy when, sua sponte, a trial court erroneously declared a mistrial over his objection. A later retrial of the defendant therefore constituted double jeopardy.

The Indigent Defendant In The State Criminal Proceeding: Betts V. Brady Is Interred

Indiana Law Journal

No abstract provided.

Constitutional Law-Expatriation-Criminal Due Process As Prerequisite To Expatriation When Imposed As Punishment, John W. Erickson

Michigan Law Review

Respondents, native-born Americans, in two separate cases sought declaratory judgments confirming their status as United States citizens. One wanted to return to this country, and the other sought to avoid deportation as an alien. The Government claimed that respondents had lost their citizenship by operation of section 401(j) of the Nationality Act of 1940 and its successor, section 349(a)(10) of the Immigration and Nationality Act of 1952, which automatically divest an American of his citizenship for "departing from or remaining outside the jurisdiction of the United States in time of war or . . . national emergency for the purpose …