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Articles 211 - 240 of 250
Full-Text Articles in Law
An Extravagant Account
Michigan Law Review
A review of OUR LAWLESS POLICE. By Ernest Jerome Hopkins.
Equity-Injunctions - Enjoining Police Officers
Equity-Injunctions - Enjoining Police Officers
Michigan Law Review
The plaintiff asked for a temporary injunction restraining the defendant sheriff from raiding or otherwise interfering with a "marathon" dance contest conducted in a regularly licensed dance hall. No statute making such contests illegal was cited by the defendant. There was considerable evidence that the sheriff, who had formerly approved of the marathon, was using his authority to extort $5,000 from the plaintiff. Held, equity can restrain officers from extra-judicial condemnation by physical means, such as raids and continuous trespasses destroying the plaintiff's business, on the mere claim that the criminal law may be violated. Ruty v. Huelsenbeck (N. …
Report On The Enforcement Of The Prohibition Laws Of The United States, Albert E. Sawyer
Report On The Enforcement Of The Prohibition Laws Of The United States, Albert E. Sawyer
Michigan Law Review
An attempt will be made in this comment to state the important points in the Report, and to bring together the scattered references to the various groups of information contained in the third collection now being printed by the Senate and to outline very briefly in an appendix the principal relationships between this and the Commission's report. This last is offered in the hope that it may stimulate interest in a closer analysis of this mass of very useful information which might otherwise suffer neglect, not only because of its bulk, but also because of its lack of organization.
Report On Prosecution, Rollin M. Perkins
Report On Prosecution, Rollin M. Perkins
Michigan Law Review
The logical starting point was the discovery and restatement of existing knowledge and information on these subjects, and because of the tremendous mass of material which has appeared in the form of surveys and reports within the last decade and a half, it was deemed wise to enlist the services of an expert in such matters. The analysis which he has produced, let it be added, amply justifies the Commission in his selection.
Report On Criminal Statistics, Lent D. Upson
Report On Criminal Statistics, Lent D. Upson
Michigan Law Review
Among the reports of the National Commission on Law Observance and Enforcement, probably none received so little public attention as that on criminal statistics. Statistics, even of the criminal variety, are dull at the best, and not calculated to whet the imagination. One murder may be the basis of a printed volume of gory details and misleading clues with everybody suspected from the parish curate to the author himself. But murders by the gross or bale leave all unmoved except the most hardened editorial commentator.
Reports Of The National Commission On Law Observance And Enforcement
Reports Of The National Commission On Law Observance And Enforcement
Michigan Law Review
The article section of this issue of the Law Review is devoted to a consideration of the work of the National Commission on Law Observance and Enforcement, commonly called the Wickersham Commission.
Report On Police, John Barker Waite
Report On Police, John Barker Waite
Michigan Law Review
The Report begins: "The general failure of the police to detect and arrest criminals . . . has caused a loss of public confidence in the police of our country. For a condition so general there must be some universal underlying causes to account for it."
Report On Penal Institutions, Probation, And Parole, Arthur Evans Wood
Report On Penal Institutions, Probation, And Parole, Arthur Evans Wood
Michigan Law Review
This Report consists of three main parts. The first is called the Commission's Report, and is signed by that body. The second, called the Report of the Advisory Committee to the Commission, is the work of a group which includes many of the most distinguished penologists of the country. The two reports cover much the same ground, they are about the same length, and, with one or two important exceptions, the recommendations and conclusions are the same. The third part is a brief statement entitled Police Jails and Village Lockups, prepared and written by Dr. Hastings H. Hart.
Report On Lawlessness In Law Enforcement, John Barker Waite
Report On Lawlessness In Law Enforcement, John Barker Waite
Michigan Law Review
The first part of this Report offers taxpayers little return on their investment. All it even purports to do is to inform the public that the police throughout the country sometimes use intolerable, brutal methods to extract information concerning crime and occasionally keep arrested persons out of communication with lawyers and friends until they can be questioned at length. But of these facts the public was already convinced through newspaper and magazine. Indeed, the Report itself uses the widespread public knowledge of the evil as evidence of its existence. Yet, beyond this repetition of already accepted beliefs, the Report really …
Report On The Enforcement Of The Deportation Laws Of The United States, E. Blythe Stason
Report On The Enforcement Of The Deportation Laws Of The United States, E. Blythe Stason
Michigan Law Review
This report is concurred in by nine of the eleven members of the Commission. Two members, Henry W. Anderson and Kenneth Mackintosh, file dissenting statements. The Report is accompanied by a thoroughly interesting research study of the administration of the deportation laws, prepared by Reuben Oppenheimer. Since this study constitutes the basis of the report, and since the majority of the Commission concur in the conclusions and recommendations set forth in it, the following remarks will deal primarily with the study itself.
Preliminary Report On Observance And Enforcement Of Prohibition And The Report Supplemental Thereto, Edson R. Sunderland
Preliminary Report On Observance And Enforcement Of Prohibition And The Report Supplemental Thereto, Edson R. Sunderland
Michigan Law Review
The Commission on Law Observance and Enforcement was organized on May 28, 1929. Within six months it issued a Preliminary Report on Observance and Enforcement of Prohibition, under date of November 21, 1929, and shortly thereafter issued a Report supplemental thereto.
Report On The Cost Of Crime, Herbert F, Taggart
Report On The Cost Of Crime, Herbert F, Taggart
Michigan Law Review
The full title of the twelfth report of the National Commission on Law Observance and Enforcement is "Report on the Cost of Crime and Criminal Justice in the United States." A more descriptive title, suggested by the actual content of the report, would be "The Economic Consequences of Crime." The report constitutes a volume of 657 pages, of which the report proper covers 453 pages, and various appendices make up the balance. For the hasty reader the most essential parts are the first eight pages, constituting the Commission's comments, and the summary and recommendations, of Messrs. Goldthwaite H. Dorr and …
Constitutional Law-Due Process-Reasonableness Of Police Regulation
Constitutional Law-Due Process-Reasonableness Of Police Regulation
Michigan Law Review
The New York Agriculture and Markets Law, (Cons. Law, c. 69), sec. 252, 253, required an annual license of all persons or corporations gathering milk from producers for manufacture or resale. This was to be issued only upon execution of a bond for at least $2,000, conditioned upon the compliance with this law and the prompt payment to producers for milk or cream bought by the gatherer. The commission, however, could by formal order relieve the gatherer from having to file this bond if satisfied as to the gather's solvency and probable ability to pay for milk purchased. In case …
Constitutional Law-Due Process-Police Power-Junk Yards
Constitutional Law-Due Process-Police Power-Junk Yards
Michigan Law Review
The City of Ashland, Kentucky, acting under a specific power to license and regulate junk yards granted to it by the legislature under section 3058-2 Ky. Stat. (Carroll, 1922) passed an ordinance requiring applicants for licenses to operate junk yards within the city of Ashland. "to make and execute with the Clerk of the City of Ashland, Kentucky, a permit signed by the applicant providing that the Police Department * * * may inspect and search the said shop or place of business." The appellant complied with all other requirements, but refused to execute the permit: Because the clerk would …
Searches And Seizures-Right To Search A House As Incident To Lawful Arrest
Searches And Seizures-Right To Search A House As Incident To Lawful Arrest
Michigan Law Review
On a reasonable belief that the prohibition law was being violated, officers entered Marcucci's basement and arrested Marcucci and the other men present. On the table, when the officers entered, were several gallon jugs of wine, and several of the men were intoxicated. Observing that the door at the end of the passageway leading from the room was open, one of the officers investigated and found in the sub-cellar twenty-five barrels of wine. Also, noting a locked door in the sub-cellar, the officer requested the key of Marcucci who at first denied possession but finally produced it. In the closet …
Review: Criminology. By Fred E. Haynes, Arthur Evans Wood
Review: Criminology. By Fred E. Haynes, Arthur Evans Wood
Michigan Law Review
A Review of CRIMINOLOGY. By Fred E. Haynes
Some Inadequacies In The Law Of Arrest, John Barker Waite
Some Inadequacies In The Law Of Arrest, John Barker Waite
Michigan Law Review
Suppose that a farmer whose orchard borders the highway happens on the spot in time to see a truck, with the license tag of a foreign state, conveniently parked while the driver loads it with apples which he picks from the farmer's trees. What can the farmer-owner do in respect to the situation?
The Criminal's Right Of Privacy
The Criminal's Right Of Privacy
Michigan Law Review
The dissent of Mr. Justice Brandeis in the famed wire tapping case has been of especial interest to those who are acquainted with his article in the Harvard Law Review in 1890 on "The Right of Privacy." The law has witnessed few more fascinating developments than the engrafting of this latter concept into the formula of justice, few more conspicuous examples of creative juristic effort. Concerning it Dean Pound has said: "What may almost be called the classical example (of creative activity) is the paper on the Right of Privacy in which Mr. Justice Brandeis, then at the bar, was …
Remedies For Wrongful Action In The Levy And Enforcement Of Taxes
Remedies For Wrongful Action In The Levy And Enforcement Of Taxes
Michigan Law Review
Although there is a distinct policy in favor of prompt and efficient procedure for the levy and collection of taxes, unhindered by judicial "red tape," yet the government cannot exercise its power so as to deprive the taxpayer of his property without due process of law. What are the taxpayer's remedies against wrongful action on the part of those in charge of tax administration? How may due process of law be secured to him in tax administration matters? The purpose of this note is to review some of the principal remedies, with especial reference to the equitable remedy of injunction, …
The Doctrine Of "Hot Pursuit"--A New Application
The Doctrine Of "Hot Pursuit"--A New Application
Michigan Law Review
A recent decision of the United States District Court for the District of South Carolina involves a point apparently unique in the records of international law. The Vinces, a schooner of British registry, laden with a cargo of intoxicating liquors not under seal, was discovered by the United States Coast Guard cutter Mascoutin seven and one-half miles off the coast and within one hour's sailing distance from the United States headed in the direction of land. On being hailed by the Mascoutin, the Vinces turned about and headed for the high seas. The cutter followed in continuous chase and overtook …
Telegraph, Telephone And Wireless-Tapping
Telegraph, Telephone And Wireless-Tapping
Michigan Law Review
A recent Federal case, Olmstead v. United States, suggests an interesting problem. Evidence obtained by Federal authorities, who tapped private telephone wires, was admitted in a criminal prosecution. It seems to be the general rule that fraudulently, wrongfully, or illegally procured evidence is admissible, if otherwise admissible. And certainly the courts have required telegraph companies to disclose messages to aid criminal prosecutions. Telegraph operators have been compelled to testify. And even where a state statute forbade disclosure of the message by the company, a subpoena duces tecum has compelled the production of a telegram to aid the courts. Testimony …
The "Fence"
Michigan Law Review
Whenever crime is discussed, one's attention is invariably called to the person who actually commits crime, such as the bandit, the murderer, the automobile thief, etc.; and whenever the so-called crime wave gains such proportions as to arouse the public to a state of indignation, laws are passed and reforms instituted to make more certain the punishment of such criminals. Very often, however, one of the most vicious enemies of society is forgotten, because he practices his nefarious profession hidden from the eye of the public and under a cloak of respectability. I refer to the one who receives the …
Constitutional Law-Searches And Seisures-Distraction Between Searching A Building And An Automobile Without Warrant
Michigan Law Review
An officer observed the odor of boiling mash and fermentation issuing from the dwelling of the defendant. The officer, without warrant, entered the basement and there found the defendant operating two stills. Considerable whiskey was found stored within the room. Defendant was arrested and convicted. On appeal he contended that the search was unlawful. Held, the search without warrant was unreasonable and in violation of the Fourth Amendment to the Federal Constitution. Schroeder v. United States, 14 F. (2d) 500.
Injunction Against Search By Police Officers
Injunction Against Search By Police Officers
Michigan Law Review
A nice equipoise of public and private interest is disclosed in the case of Des Moines Drug Co. v. Doe, in which the Iowa Supreme Court recently had occasion to consider questions raised by a bill in equity to enjoin a search by police officers endeavouring to enforce the liquor laws.
Crimes-Defense Of Property
Michigan Law Review
May one under any circumstances kill in order to prevent the loss or destruction of his property? By this question is meant killing solely to prevent loss or destruction of property; necessary homicide in self-defense is unquestionably justifiable. Much of the confusion on the question whether one may take life if necessary in defense of property is due, it seems, to a persistent tendency to treat the two questions as the same. It hardly needs statement that the body of law pertinent to self-defense is totally distinct fundamentally from that pertaining to one's powers in defense of his chattels. Practically, …
Police Legislation Under Federal Powers
Police Legislation Under Federal Powers
Michigan Law Review
A recent case decided by the United States Supreme Court United States v. Daugherty (Jan. 4, 1926) 46 Su. Ct. 156 (Adv. Opn. 303) sustained a conviction and sentence under the Harrison Anti-Narcotic Act, 38 Stat. 785, for "making unauthorized sales of cocaine to three different persons on different days" The indictment was in three counts, one covering each sale involved. The sentence imposed was "five years on each of said three counts. * * * * Said term of imprisonment to run consecutively and not concurrently."
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
What Is An Unreasonable Search?
What Is An Unreasonable Search?
Michigan Law Review
In Carroll v. United States (1925) 267 U. S. 132, 45 Sup. Ct. 280, the Supreme Court held that there may be a reasonable search of an automobile without a search warrant. The recent case of Agnello v. United States (Oct. 12, 1925) 46 Sup. Ct. 4, goes far in the opposite direction with reference to the search of a dwelling house. In the latter case several defendants were convicted of conspiracy to violate the Harrison Drug Act, a felony under the federal law. Two government revenue agents had negotiated with defendants Alba and Centorino in the home of Alba …
International Law--Treaties--Are The Rum Tretaties Self-Executing?
International Law--Treaties--Are The Rum Tretaties Self-Executing?
Michigan Law Review
On May 22, 1924, the United States concluded a treaty with Great Britain by which the latter power agreed that it would raise no objection to the search and seizure of its ships by American authorities on the high seas, provided there was reason to suspect that such ships were committing or attempting to commit an offense against United States laws, and provided the search and seizure were made within an hour's run of the American coast. In return the United States conceded to British ships the privilege of bringing into its ports liquor in bond in their ship stores. …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.