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Articles 11881 - 11910 of 12064
Full-Text Articles in Law
Work Of England's Court Of Criminal Appeal, Arthur T. Vanderbilt
Work Of England's Court Of Criminal Appeal, Arthur T. Vanderbilt
Washington Law Review
This article, written by the Chairman of the New Jersey Judicial Council, was first published in the sixth annual report of that body and later reprinted in the October, 1936, Issue of the Journal of the American Judicature Society. So much has been written in non-legal publications in this country concerning the efficiency of the English administration of criminal law and procedure that It will undoubtedly be of interest to the bar to be informed more exactly on the subject by the more detailed and exact research and comment of a member of the legal profession. With that idea in …
Criminal Procedure--Arrest--Use Of Force In Making Arrest, John L. Davis
Criminal Procedure--Arrest--Use Of Force In Making Arrest, John L. Davis
Kentucky Law Journal
No abstract provided.
Constitutional Law - Federal Criminal Procedure - Short Form Indictment, James H. Roberton
Constitutional Law - Federal Criminal Procedure - Short Form Indictment, James H. Roberton
Michigan Law Review
It is the purpose of this comment to discuss the validity under the Federal Constitution of an indictment, drawn in accordance with the proposed code, which would merely accuse the defendant of having committed some kind of "offense," and would leave the particulars of the offense to a bill of particulars.
Trials-Right To "Public Trial"-Power Of Judge To Exclude General Public, Francis T. Goheen
Trials-Right To "Public Trial"-Power Of Judge To Exclude General Public, Francis T. Goheen
Michigan Law Review
Convinced of the desirability of such action, a judge, conducting the trial of a criminal case, wishes to clear the court room of all or a portion of the spectators. To what extent may he legitimately do so? He is necessarily limited by the provision in the constitution of almost every state and in the Sixth Amendment of the Constitution of the United States that in "all criminal prosecutions the accused shall enjoy the right to a speedy and public trial." The extent to which the trial court may go in clearing the court room has been most often tested …
The Multiple Consequences Of A Single Criminal Act, Frank Edward Horack Jr.
The Multiple Consequences Of A Single Criminal Act, Frank Edward Horack Jr.
Articles by Maurer Faculty
No abstract provided.
The Problem Of Jury Instructions, Haymond Maxwell
The Problem Of Jury Instructions, Haymond Maxwell
West Virginia Law Review
The question of instructions to juries is a perennial problem with practitioners and judges. Having in mind the seriousness of this subject, the Judicial Council of West Virginia, some months ago, formulated a program for thorough investigation and consideration of the instructions enigma. In response to the council's request that it render assistance in the matter, the faculty of the College of Law of West Virginia University caused to be made a synopsis of all the state statutes dealing with instructions. Only a few of the states have no such statutes. Virginia is among that small number. Though I am …
Evidence -- Competency Of Wife To Testify Against Husband--Rules Of Evidence In Federal Court, Philip A. Hart
Evidence -- Competency Of Wife To Testify Against Husband--Rules Of Evidence In Federal Court, Philip A. Hart
Michigan Law Review
The defendant was convicted of transporting a female in interstate commerce for immoral purposes. Over the defendant's objection the trial court permitted testimony against him to be given by the defendant's wife. This ruling he assigned as error but held a wife is competent as a witness against her husband. Yoder v. United States, (C. C. A. 10th, 1935) 80 F. (2d) 665.
Evidence - Statutory Presumptions In Criminal Cases - Constitutionality - Due Process, Malcolm L. Denise
Evidence - Statutory Presumptions In Criminal Cases - Constitutionality - Due Process, Malcolm L. Denise
Michigan Law Review
Defendant admitted killing deceased with unlicensed pistol. The trial court instructed the jury pursuant to a statute which provided that in the trial of a person charged with committing or attempting to commit a felony against the person of another while armed with any firearm capable of being concealed upon the person, without having a license or permit to carry such firearm, the fact that he was so armed should be prima facie evidence of his intent to commit such felony. Upon objection that the statute was unconstitutional as depriving defendant of due process of law, the court held that …
Criminal Law And Procedure - Non-Unanimous Verdicts - Constitutionality
Criminal Law And Procedure - Non-Unanimous Verdicts - Constitutionality
Michigan Law Review
An amendment to section 11, article 1 of the constitution of the state of Oregon permitted the concurrence of ten of the twelve jurors to control in criminal trials except in cases of murder in the first degree. It was claimed that this amendment discriminated against persons charged with second degree murder and in favor of those on trial for first degree murder, since in the latter case the jury could recommend life imprisonment which was the punishment prescribed in the former. The court held that there was no violation of the Fourteenth Amendment of the Federal Constitution. State v. …
Criminal Law And Procedure - Habitual Criminal Act - Prior Convictions - Pleading And Trial
Criminal Law And Procedure - Habitual Criminal Act - Prior Convictions - Pleading And Trial
Michigan Law Review
The petitioner was charged with grand larceny and was convicted by a jury. The court thereafter made a finding that the petitioner had previously been convicted of two other felonies, and that he had served a term in the Kansas penitentiary for one felony and a term in the Missouri penitentiary for the other. On that finding and the verdict of the jury, the court sentenced the petitioner to life imprisonment under a Kansas statute which prescribed increased penalties for habitual offenders. Held, that the prior convictions need not be charged in the information and that the petitioner was …
A Summary Of Criminal Appellate Reform, Lester B. Orfield
A Summary Of Criminal Appellate Reform, Lester B. Orfield
West Virginia Law Review
No abstract provided.
The Right Of Appeal In Criminal Cases, Lester B. Orfield
The Right Of Appeal In Criminal Cases, Lester B. Orfield
Michigan Law Review
In the conduct of a criminal proceeding certain steps are regarded as essential. The accused must be brought before the court. There must be a preliminary investigation to insure that the case is one which should be prosecuted. Notice must be given to the accused of the offense charged. He must have an opportunity to prepare for trial, procure witnesses, and make needed investigations. He should have a speedy trial. He should have a fair trial before an impartial tribunal. Finally, there should be one review of the case as a whole by a suitable tribunal. The principle of a …
Attachment And Garnishment--Property Of Prisoner In Hands Of Officer--Custodia Legis
Attachment And Garnishment--Property Of Prisoner In Hands Of Officer--Custodia Legis
West Virginia Law Review
No abstract provided.
Criminal Law And Procedure--Insanity--Irresistible Impulse (Kleptomania)
Criminal Law And Procedure--Insanity--Irresistible Impulse (Kleptomania)
Michigan Law Review
In a prosecution for larceny, held that under a Minnesota statute evidence that defendant had an irresistible impulse to steal could not establish the defense of insanity. State v. Simenson, (Minn. 1935) 262 N. W. 638.
Legal And Social Aspects Of Arrest Without A Warrant, Jerome Hall
Legal And Social Aspects Of Arrest Without A Warrant, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Edward Livingston And His Louisiana Penal Code, Jerome Hall
Edward Livingston And His Louisiana Penal Code, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Criminal Procedure--Right To Arrest Without A Warrant--Felonies, John Davis
Criminal Procedure--Right To Arrest Without A Warrant--Felonies, John Davis
Kentucky Law Journal
No abstract provided.
Criminology And A Modern Penal Code, Jerome Hall
Criminology And A Modern Penal Code, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
The Law Of Arrest In Relation To Contemporary Social Problems, Jerome Hall
The Law Of Arrest In Relation To Contemporary Social Problems, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
The Doctrine Of Res Judicata As Applied To The Trial Of Criminal Cases, W. G. Mclaren
The Doctrine Of Res Judicata As Applied To The Trial Of Criminal Cases, W. G. Mclaren
Washington Law Review
The principle of res judicata as applied to civil litigation is very familiar. Likewise well known in the field of criminal law is the doctrine of former jeopardy It is apparent, however, from an examination of decisions in criminal cases, that aside from the very restricted field of former jeopardy, the application of the general doctrine of res judicata to criminal litigation is not generally appreciated and applied. The doctrine of former jeopardy is of course applicable only where the two offenses are identical, and cannot be invoked if the offenses are distinct, even in cases where the same facts …
Practice And Procedure - Reversal On Confession Of Error By Prosecutor
Practice And Procedure - Reversal On Confession Of Error By Prosecutor
Michigan Law Review
On appeal accused assigned as error the failure of the trial court to sustain his motion for a directed verdict of not guilty. The prosecutor, convinced by facts dehors the record of the innocence of the accused, confessed error. Held, confession of error does not per se justify reversal; the court must find error in the record. Parlton v. United States, (App. D. C. 1935) 75 F. (2d) 772.
The Investigating Magistrate (Juge D'Instruction) In European Criminal Procedure, Morris Ploscowe
The Investigating Magistrate (Juge D'Instruction) In European Criminal Procedure, Morris Ploscowe
Michigan Law Review
For nearly five centuries the distinctive figure in the preliminary stages of European criminal proceedings has been the investigating magistrate, known in France as the juge d'instruction. Although temporarily eclipsed by the revolutionary reforms in France in 1791, he was soon re-established. In other European countries the juge d'instruction continued to be the central figure in the preliminary procedure through all the reforms achieved by the liberal movements of the nineteenth century. The investigating magistrate has remained a purely Continental institution. In theory and in practice he embodies the essential difference between Continental and Anglo-American criminal procedure preliminary to trial.
Criminal Law And Procedure - Right Of Accused To Be Present At Trial
Criminal Law And Procedure - Right Of Accused To Be Present At Trial
Michigan Law Review
In a prosecution for bank robbery, testimony of a witness which did not connect the accused with the crime and merely served to qualify the witness was received during the unnoticed and involuntary absence of the accused. No objection was made by the counsel for the accused who was present at the time. When the accused's absence was discovered, the motion of counsel that the cause be withdrawn from the jury was overruled and the court admonished the jury not to consider the testimony. Appellant contended that he had been denied a right and that therefore injury must be presumed. …
Criminal Law And Procedure -Automobiles - Constitutional Law-Criminal Liability Of Owner Of Automobile
Michigan Law Review
The recent decision of the Supreme Judicial Court of Massachusetts in the case of Commonwealth v. Ober has brought to the fore a serious administrative problem arising out of the enforcement of traffic regulations. The problem is particularly acute in the illegal parking cases. Here it is usually impossible for the policeman to do more than tag the car, take down its registration number, and institute proceedings against the registered owner. The difficulty also often occurs in many other situations such as driving through red lights or stop streets where the offense is observed by a patrolman standing near by …
Waiver Of Trial By Jury; A Further Comment, Leo Carlin
Waiver Of Trial By Jury; A Further Comment, Leo Carlin
West Virginia Law Review
No abstract provided.
Should The Evidence In A Criminal Case Be Given To The Public In Advance Of The Trial Before A Jury?, Murray Briggs
Should The Evidence In A Criminal Case Be Given To The Public In Advance Of The Trial Before A Jury?, Murray Briggs
West Virginia Law Review
No abstract provided.
Criminal Law And Procedure - Statute Of Limitations - Time Of Commission Of Offense Matter Of Defense Or Of Jurisdiction
Michigan Law Review
Defendant pleaded guilty to rape and was sentenced to imprisonment upon an indictment which showed upon its face that the period allowed by the statute of limitations had elapsed since the offense charged had been committed, and there were no allegations setting forth an exception to the running of the statute. Later, defendant moved to set aside the judgment on the ground that the court lacked jurisdiction. Held, the judgment was void and the defendant should be released. People v. McGee, (Cal. 1934) 36 Pac. (2d) 378.
Crimes--The Right Of An Officer To Arrest Without A Warrant, John A. Evans
Crimes--The Right Of An Officer To Arrest Without A Warrant, John A. Evans
Kentucky Law Journal
No abstract provided.
Are The Criminal Courts Doing Their Duty?, Ferdinand Pecora
Are The Criminal Courts Doing Their Duty?, Ferdinand Pecora
Kentucky Law Journal
No abstract provided.
The Short Indictment, F. J. Caruso