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Articles 11761 - 11790 of 12064
Full-Text Articles in Law
Book Review. Dession, G. H., Criminal Law, Administration And Public Order, Jerome Hall
Book Review. Dession, G. H., Criminal Law, Administration And Public Order, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Joughin And Morgan: The Legacy Of Sacco And Vanzetti, Michigan Law Review
Joughin And Morgan: The Legacy Of Sacco And Vanzetti, Michigan Law Review
Michigan Law Review
A Review of THE LEGACY OF SACCO AND VANZETTI. By G. Louis Joughin and Edmund M. Morgan.
Habeas Corpus-Federal Courts-Necessity Of Confinement Of Prisoner Within Territorial Jurisdiction Of The Court, Ralph Jay Isackson S.Ed.
Habeas Corpus-Federal Courts-Necessity Of Confinement Of Prisoner Within Territorial Jurisdiction Of The Court, Ralph Jay Isackson S.Ed.
Michigan Law Review
The Attorney General, respondent, after finding that petitioners, one hundred and twenty Germans, endangered the public peace and safety of the United States by their adherence to an enemy government, issued removal orders for their deportation. Petitioners, while confined at Ellis Island, New York, filed petitions for writs of habeas corpus in the District Court for the District of Columbia challenging the removal orders on the basis that they exceeded statutory authority for their issuance. Respondent moved to dismiss because petitioners were not confined in the District of Columbia. The district court granted the motion and the court of appeals …
Constitutionality Of Criminal Statutes Containing No Requirement Of Mens Rea
Constitutionality Of Criminal Statutes Containing No Requirement Of Mens Rea
Indiana Law Journal
Criminal Law Note
Constitutional Law--Due Process-Federal Restrictions On The Use Of Confessions In State Criminal Proceedings, F. L. Adamson
Constitutional Law--Due Process-Federal Restrictions On The Use Of Confessions In State Criminal Proceedings, F. L. Adamson
Michigan Law Review
Undisputed evidence established that petitioner, a negro boy of fifteen, was arrested at about midnight, October 19, 1945 and taken to police headquarters. He was questioned by the police with no friend or counsel present. He was not informed of his right to counsel or of his right to refuse to answer. At about five in the morning, October 20, he confessed. He was then informed of his rights and his statement taken and transcribed. He was photographed by a newspaper photographer, and then placed in jail. On October 23 he was, for the first time, taken before a magistrate …
Criminal Procedure--Indictment--Offense Laid On A Date Subsequent To Indictment, L. H. B.
Criminal Procedure--Indictment--Offense Laid On A Date Subsequent To Indictment, L. H. B.
West Virginia Law Review
No abstract provided.
Collateral Attack By Habeas Corpus Upon Federal Judgments In Criminal Cases, Frank A. Peters
Collateral Attack By Habeas Corpus Upon Federal Judgments In Criminal Cases, Frank A. Peters
Washington Law Review
Many lawyers never in their careers have occasion to employ the writ of habeas corpus. It is only natural that there should exist, even within the profession, widespread lack of knowledge about the substantive rights guarded by this great engine of release and the procedures involved in its use. This article is designed to demonstrate the scope and manner of using the writ to attack criminal judgments of sentence in federal cases.
Federal Courts-Rule 20 Of Federal Rules Of Criminal Procedure-Constitutionality, William B. Harvey
Federal Courts-Rule 20 Of Federal Rules Of Criminal Procedure-Constitutionality, William B. Harvey
Michigan Law Review
One of the few real innovations in the Federal Rules of Civil Procedure is incorporated in Rule 20 which provides that a defendant who is arrested in a district other than that in which the indictment has been returned may declare in writing his desire to plead guilty and waive trial in the district of the crime. In this event, with the approval of the United States Attornies for both districts, the clerk of the court to which the indictment was returned is authorized to forward the papers to the clerk of the court for the district in which the …
Constitutional Law-Scope Of Reasonableness Of Search And Seizure Without Search Warrant
Constitutional Law-Scope Of Reasonableness Of Search And Seizure Without Search Warrant
Washington and Lee Law Review
No abstract provided.
Procedure-Necessity Of Exhausting Peremptory Challenges Before Presenting Exceptions To Rulings On Challenges For Cause
Washington and Lee Law Review
No abstract provided.
Federal Courts--Rule 33 Of Rules Of Criminal Procedure--Power To Grant A New Trial After Affirmance, Irving Slifkin S.Ed.
Federal Courts--Rule 33 Of Rules Of Criminal Procedure--Power To Grant A New Trial After Affirmance, Irving Slifkin S.Ed.
Michigan Law Review
One John Memolo was convicted of tax evasion in the District Court of the United States for the Middle District of Pennsylvania. The defendant's motion for a new trial, on the ground of prejudicial conduct of the trial judge, was denied. He then appealed assigning as error all of the grounds stated in his motion and also the denial of the motion for a new trial. The circuit court of appeals affirmed the conviction. The sentence was executed and the defendant imprisoned in a federal penitentiary. Then the district judge reconsidered, and in the interest of justice directed that the …
Jury-Effect Of Deviation From Statutory Procedure For Excusing Jurors, Jarrett R. Clark
Jury-Effect Of Deviation From Statutory Procedure For Excusing Jurors, Jarrett R. Clark
Michigan Law Review
In a prosecution for murder, a special venire was summoned and a list thereof served on the accused. On the day of trial, he learned for the first time that the trial judge had excused twenty-six of the seventy-four veniremen summoned. The excuses out of court violated a statute requiring that all requests for excuse be heard in open court. More than the minimum number of veniremen were present, and when it appeared that the original array might be exhausted thirty additional veniremen were called. Accused's motions to quash the jury panel and for a mistrial were overruled. On appeal …
"Irresistable Impulse" As A Defense In Criminal Law: A Criticism Based On Modern Psychiatric Concepts, Howard D. Hoedemaker
"Irresistable Impulse" As A Defense In Criminal Law: A Criticism Based On Modern Psychiatric Concepts, Howard D. Hoedemaker
Washington Law Review
This is a criticism of the decision of the Supreme Court of Washington in the case of State vs. Maish. The opinion states that "appellant was accorded a fair trial in every respect, that the trial court committed no error in refusing to give the requested instruction, and that judgment and sentence of the trial court must be, and it is, affirmed." Reference is made to the above decision in detail, the instruction referred to was one requested by the defendant and refused by the trial court. It follows: "You are instructed that if you believe from the evidence that …
Habeas Corpus-Use As A Remedy Where The Appeal Process Has Been Exhausted, W. Stirling Maxwell
Habeas Corpus-Use As A Remedy Where The Appeal Process Has Been Exhausted, W. Stirling Maxwell
Michigan Law Review
Kulick, a Jehovah's Witness, registered under the Selective Service Act of 1940 and, though he claimed an exemption as a minister, his local draft board classified him 1-A. After he had exhausted his administrative remedies to have this classification changed, he reported for induction, as ordered, but refused to take the oath. For this refusal he was convicted under the provisions of the act and, on May 7, 1945, sentenced to imprisonment for a term of years. On the ground that under the Supreme Court's decision of Falbo v. United States the local board's classification was not open to attack …
Federal Courts - Rule 20 Of Federal Rules Of Criminal Procedure - Constitutionality, William Burnett Harvey
Federal Courts - Rule 20 Of Federal Rules Of Criminal Procedure - Constitutionality, William Burnett Harvey
Articles by Maurer Faculty
No abstract provided.
New Trial--The Admissibility Of Jurors In Support Of A Motion For A New Trial In Kentucky, William H. Coldiron
New Trial--The Admissibility Of Jurors In Support Of A Motion For A New Trial In Kentucky, William H. Coldiron
Kentucky Law Journal
No abstract provided.
Book Review. Criminal Procedure From Arrest To Appeal By Lester Bernhardt-Orfield, Elvis J. Stahr Jr.
Book Review. Criminal Procedure From Arrest To Appeal By Lester Bernhardt-Orfield, Elvis J. Stahr Jr.
Articles by Maurer Faculty
No abstract provided.
Constitutional Law-Due Process Clause-Right Of An Accused To Have Counsel Appointed By The Court, Frank H. Roberts
Constitutional Law-Due Process Clause-Right Of An Accused To Have Counsel Appointed By The Court, Frank H. Roberts
Michigan Law Review
On May 16, 1932, petitioner, then seventeen years of age, was arraigned, tried, convicted of murder in the first degree and sentenced to life imprisonment. Petitioner was without legal assistance throughout these proceedings, was never advised of his rights to counsel, was never informed of the consequences of a guilty plea and, as disclosed by the record, was considerably confused as to the effect of such plea. In 1945, he moved for leave to file a delayed motion for new trial in the court in which he was convicted, on the ground that there had been serious impairment of his …
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
This department undertakes to note or review briefly current books on law and matters closely related thereto.
Constitutional Law-Search And Seizure, Howard A. Jacobs S.Ed.
Constitutional Law-Search And Seizure, Howard A. Jacobs S.Ed.
Michigan Law Review
The most important step in the development of this constitutional provision came in 1886 in the famous case of Boyd v. United States. There the Court gave life to the Fourth Amendment by recognizing its intimate relation to the Fifth Amendment; thus laying the foundation for the federal rule that the Fifth Amendment protects every person from incrimination by the use of evidence obtained through search or seizure made in violation of his rights under the Fourth Amendment. With the exception of a temporary setback in 1903, this rule, as restated in the Weeks case, has effectively weathered a …
Declaratory Judgment Where Criminal Action Is Pending, Robert E. Walsh S.Ed.
Declaratory Judgment Where Criminal Action Is Pending, Robert E. Walsh S.Ed.
Michigan Law Review
Subsequent to the filing of an information against him before a Justice of the Peace by the Secretary of Agriculture of the State of Iowa for violation of the Iowa Cream Grading Act, plaintiff applied to the District Court for an injunction against the proceeding before the Justice, and requested a declaration that he was not subject to the act. The District Court denied the injunction, but issued a decree declaring that plaintiff was not subject to the Cream Grading Act. On appeal, held, affirmed. Where complicated legal issues cannot be determined with equal facility by a Justice of …
Conviction Of Perjury As A Disqualification Of A Witness In The State Of Washington, John Lee
Conviction Of Perjury As A Disqualification Of A Witness In The State Of Washington, John Lee
Washington Law Review
Has Washington completely abrogated the common law rule which makes any person convicted of an infamous crime an incompetent witness?
Criminal Law And Procedure, Jerome Hall
Criminal Law And Procedure-Recent Developments-(A Service For Returning Veterans), John B. Waite
Criminal Law And Procedure-Recent Developments-(A Service For Returning Veterans), John B. Waite
Michigan Law Review
In discussing developments of the criminal law during the war years it is convenient to group them into the three conventional divisions-substantive, procedural, and penal.
Criminal Procedure: Killing Of A Misdemeanant Who Is Forcibly Resisting Arrest, Doyle B. Inman
Criminal Procedure: Killing Of A Misdemeanant Who Is Forcibly Resisting Arrest, Doyle B. Inman
Kentucky Law Journal
No abstract provided.
Criminal Law And Procedure-Whether Reversible Error For Judge To Give Instructions Relating To Credibility Of Defendant Witness, Edwin Boos
Michigan Law Review
Appellant who was convicted of committing a criminal abortion, moved for a new trial alleging as error an instruction given by the judge to the jury. The instruction singled out the defendant from the other witnesses, pointing to his high degree of interest in a verdict of not guilty, as reason for scrutinizing his testimony. The judge also warned the jury that it need not accept blindly the testimony of the accused. Held, reversed, new trial ordered. Swanson v. State, (Ind. 1944) 52 N.E. (2d) 616.
Criminal Procedure--Effect Of A Defective Warrant On A Homicide Committed In The Course Of Its Execution, Fred B. Redwine
Criminal Procedure--Effect Of A Defective Warrant On A Homicide Committed In The Course Of Its Execution, Fred B. Redwine
Kentucky Law Journal
No abstract provided.
Federal Rules Of Criminal Procedure--The Various Drafts, Michigan Law Review
Federal Rules Of Criminal Procedure--The Various Drafts, Michigan Law Review
Michigan Law Review
In February 1944 the REVIEW carried an article by Dean Harno of the University of Illinois entitled, "Proposed Rules of Criminal Procedure: Final Draft." In a footnote the draft was referred to as "Final Report ( 1943) ." While that issue of the REVIEW was on the press the Advisory Committee distributed a draft of the rules entitled "Federal Rules of Criminal Procedure, Second Preliminary Draft." In July 1944 a third printing of the proposed rules was circulated. This printing, labeled "Report," is, according to Mr. Holtzhoff, secretary of the committee, "the Final Draft of the Rules." It thus appears …