Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 6 of 6

Full-Text Articles in Law

Scientific Investigation And Defendants' Rights, B. J. George Jr. Nov 1958

Scientific Investigation And Defendants' Rights, B. J. George Jr.

Michigan Law Review

Advances in science, medicine and industry have made much of the world a more pleasant place in which to live. In general more men are living a physically more satisfying life in more comfortable surroundings than preceding generations. But with this has come a parallel increase in criminality to the point that the term "crime wave" is heard with increasing frequency. Many crimes are facilitated in their commission by adaption or application of new scientific discoveries by criminal elements. A natural consequence is that already overburdened police departments turn as quickly as is financially possible to new scientific techniques in ...


Negligence - Last Clear Chance - Evidence Insufficient As A Matter Of Law, Theodore G. Koerner Jun 1958

Negligence - Last Clear Chance - Evidence Insufficient As A Matter Of Law, Theodore G. Koerner

Michigan Law Review

Plaintiff, having fallen asleep at night at the side of a narrow dirt road, was run over by defendant's automobile. He alleged that defendant was negligent in operating a vehicle at an excessive speed without proper lights. Defendant pleaded that plaintiff was contributorily negligent by being asleep in the road, and plaintiff then replied that defendant had the last clear chance to avoid the injury. On appeal from a judgment of involuntary nonsuit, held, affirmed, three justices dissenting. The plaintiff, by falling asleep at the side or in the middle of the road, was contributorily negligent as a matter ...


Civil Procedure - Pre-Trial Discovery - Disclosure Of Amount Of Defendant's Liability Insurance, David L. Genger Apr 1958

Civil Procedure - Pre-Trial Discovery - Disclosure Of Amount Of Defendant's Liability Insurance, David L. Genger

Michigan Law Review

In an action arising out of a highway collision, plaintiff sought disclosure of the amount of defendant's liability insurance in a pre-trial discovery proceeding. The defendant was adjudged to be in default for his refusal to disclose this information. On a writ of certiorari, held, the order of the trial court is quashed. Only matters which can actually be admitted and used as evidence or matters which might lead to the finding of such evidence are proper subjects of discovery under the Florida rule. The amount of defendant's insurance is not relevant to the litigation since it will ...


Criminal Law - Evidence - Wiretapping, James A. Park Apr 1958

Criminal Law - Evidence - Wiretapping, James A. Park

Michigan Law Review

Suspecting that petitioner and others were violating state narcotics laws, New York police tapped petitioner's telephone pursuant to a warrant obtained in accordance with New York law. Acting upon information thus gained the police apprehended petitioner's brother. In his possession was found, not the narcotics as suspected, but alcohol without the tax stamps required by federal law. This evidence was turned over to federal authorities. Prosecution for possessing and transporting distilled spirits without tax stamps thereon followed, during which petitioner's motion to suppress the evidence obtained through the wiretap was denied. The Second Circuit affirmed the conviction ...


Constitutional Law - Fifth Amendment - Right Of Defendant In Denaturalization Proceedings To Refuse To Testify, Theodore G. Koerner Mar 1958

Constitutional Law - Fifth Amendment - Right Of Defendant In Denaturalization Proceedings To Refuse To Testify, Theodore G. Koerner

Michigan Law Review

The United States as plaintiff instituted denaturalization proceedings alleging that deliberately false statements were made by defendant at the time of his naturalization. No "affidavit showing good cause" for such suit, required by section 340 (a) of the Immigration and Nationality Act of 1952, was filed with the original complaint although one was filed with a later amended complaint. When plaintiff sought to take defendant's deposition pursuant to rule 26, Federal Rules of Civil Procedure, defendant appeared for the examination but refused to be sworn. He was taken before the district court which directed that he be sworn, and ...


Evidence - Corroboration Of Extrajudicial Confession - Quantum Of Independent Evidence Required To Sustain Conviction, Thomas A. Dieterich Feb 1958

Evidence - Corroboration Of Extrajudicial Confession - Quantum Of Independent Evidence Required To Sustain Conviction, Thomas A. Dieterich

Michigan Law Review

Sent to a hotel room at midnight to investigate reports of a contemplated robbery, the police found the defendant and another man, strangers in town, with loaded revolvers nearby. After defendant failed to account for the guns, the police confronted him with the robbery report, and he signed a confession. On appeal of his conviction for conspiracy to commit robbery, held, reversed, two justices dissenting in part. If evidence independent of the confession is such that reasonable minds could believe that the crime was in fact committed, the corpus delicti is sufficiently established to make the confession admissible. The independent ...