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Report On The Cost Of Crime, Herbert F, Taggart Nov 1931

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 …


Report On Police, John Barker Waite Nov 1931

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 The Enforcement Of The Deportation Laws Of The United States, E. Blythe Stason Nov 1931

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 Nov 1931

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 Criminal Statistics, Lent D. Upson Nov 1931

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 Nov 1931

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 The Enforcement Of The Prohibition Laws Of The United States, Albert E. Sawyer Nov 1931

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 Nov 1931

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 Lawlessness In Law Enforcement, John Barker Waite Nov 1931

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 Penal Institutions, Probation, And Parole, Arthur Evans Wood Nov 1931

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.


Review: Criminology. By Fred E. Haynes, Arthur Evans Wood Mar 1931

Review: Criminology. By Fred E. Haynes, Arthur Evans Wood

Michigan Law Review

A Review of CRIMINOLOGY. By Fred E. Haynes


Constitutional Law-Due Process-Police Power-Junk Yards Mar 1931

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 …


Constitutional Law-Due Process-Reasonableness Of Police Regulation Mar 1931

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 …


Searches And Seizures-Right To Search A House As Incident To Lawful Arrest Mar 1931

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 …


Some Inadequacies In The Law Of Arrest, John Barker Waite Feb 1931

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 Jun 1929

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 Jun 1928

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 Mar 1928

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 …


The "Fence" Jan 1928

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 …


Telegraph, Telephone And Wireless-Tapping Jan 1928

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 …


Constitutional Law-Searches And Seisures-Distraction Between Searching A Building And An Automobile Without Warrant Nov 1927

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.


Due Process And Punishment, Clarence E. Laylin, Alonzo H. Tuttle Apr 1922

Due Process And Punishment, Clarence E. Laylin, Alonzo H. Tuttle

Michigan Law Review

To threaten such a man with punishment," wrote Sir James .LFitzjames Stephen,' "is like threatening to punish a man for not lifting a weight which he cannot move."


New Probation Law Of Michigan, Charles B. Collingwood Nov 1914

New Probation Law Of Michigan, Charles B. Collingwood

Michigan Law Review

Nothing connected with the work of a circuit judge demands more thoughtful consideration or occasions him more anxiety than the punishment to be meted out to the men and women who have violated the laws of the state. In almost every other matter there is an opportunity for review by an appellate court. Where litigants differ widely from the decision of the circuit court it is altogether likely that there will be an appeal and the matter will be finally adjudicated by another court. But from the sentence given to one who has plead guilty, or has been found guilty …


Recent Important Decisions, Michigan Law Review Feb 1912

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Army and Navy--Enlistment of Minor--Discharge; arrest--Authority to Arrest Without Warrant--"In His Presence"--"Within His Immediate Knowledge"; Bankruptcy--The Right of a Wife to Recover an Equitable Claim Against Her Husband's Estate in Bankruptcy; Bankruptcy--Title of Trustee as Against Unrecorded Contract of Conditional Sale--Effect of Amendment of 1910; Banks and Banking--Entry of Deposit for Collection--Insolvency of Banks Agent; Bills and Notes--Stipulations for Attorney's Fees--Validity; Corporations--Sale by Corporation to Sole Stockholder--Notice; Criminal Law--Adjournment of Court to House of a Sick Witness; Criminal Law--Error in Admission of Evidence; Damages--Breach of Contract to Carry Dead Body; Damages--Denial of Recovery for Mental Suffering Under Statute; Equity--Equitable Set-Off …


Note And Comment, Clarence E. Eldridge, Ben H. Dewey, Mckee Robison Jan 1911

Note And Comment, Clarence E. Eldridge, Ben H. Dewey, Mckee Robison

Michigan Law Review

Limitation of the Amount of the Common Carrier's Liability--Hepburn Act; Surety's Right to Exoneration; Protection of Rights of Bona Fide Purchasers of Personal Property; The Time at Which a Political Aspirant Becomes a Candidate Within the Meaning of the Modern Primary Election Law; When are Letters Written by a Husband to His Wife Not Privileged?


Recent Important Decisions, Michigan Law Review Apr 1907

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Aliens - Right to Take Land by Descent - Loss of State's Right to Escheat; Bailment - Liability of Incidental Bailee; Bankruptcy - Preferences - Franchise Tax; Bankruptcy - Transfers Required to be Recorded - Preferences; Bills and Notes - Bona Fide Purchaser - Notice of Want of Power in Transferrer; Bills and Notes - Unrestricted Negotiability of Bills of Lading; Constitutional Law - Commerce Clause - Statute Relating to Interstate Carriers as Employers; Constitutional Law - Indeterminate Sentence Law; Courts - Rules of Property - Stare Decisis; Criminal Law - Exclusion of Public from Trials; Criminal Law - Impeachment …


Recent Important Decisions, Michigan Law Review Dec 1906

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bankruptcy--Action by Trustee--Right of Set-Off; Bills and Notes--forged Check--Payment--Recovery Back; Boundaries--Artificial Bodies of Water; Carriers--who are Passengers--Fraud in Securing Carriage; Corporations--Exclusive Privileges--Statutory Construction; Corporations--Penal Offense--Construction of Statute; Costs--change of Venue--Liability of County; Criminal law--Proximate Cause--Deposit of Obscene Matter in the Mail; Damages--Status of Dead Bodies--Mutilation--Mental Suffering; Easements--Adverse Possession--Color of Title; Eminent Domain--Telephone Poles in Highway--No Additional Burden; Equity--Injunction Against Prosecution; Evidence--Aliens--Burden of Proof in Deportation Proceedings; False Imprisonment--Joinder of Causes of Action; Garnishment--Liability of Executor; Homestead--alienation by Widow--Abandonment--Limitation of Actions; Insurance--Interest of Owner in Property--Sole and Unconditional Owner; Insurance--Sale of One Company to Another--rights of Policy-Holders and Agents of the …


Note And Comment, Edwin C. Goddard, Emiliano Gala, Willis Gordon Stoner, Henry M. Bates Apr 1906

Note And Comment, Edwin C. Goddard, Emiliano Gala, Willis Gordon Stoner, Henry M. Bates

Michigan Law Review

Liability of Principal for Mistake or Fraud of Agent; Contracts by Correspondence; The Police Power and city ordinances for the disposal of Garbage; Restriction Upon the Right of a Carrier to Deal in Commodities Transported by It;