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Full-Text Articles in Law

Products Liability Based Upon Violation Of Statutory Standards, Joseph H. Ballway Jr. May 1966

Products Liability Based Upon Violation Of Statutory Standards, Joseph H. Ballway Jr.

Michigan Law Review

Regulatory enactments controlling production and distribution can give rise in several different ways to civil liability on behalf of persons injured by non-conforming merchandise. For instance, if a statute codifies existing common-law rules of negligence, its effect is merely to place the weight of legislative authority behind ordinary negligence principles. Since an injured party's recovery under such a provision still depends largely upon his proving in the traditional manner that a defendant failed to exercise due care, this kind of statute merits no further discussion. On the other hand, if particular legislation expressly states that a violator may be subjected …


Uniform Crime Reports, Peter P. Lejins Apr 1966

Uniform Crime Reports, Peter P. Lejins

Michigan Law Review

The Uniform Crime Reports are-both nationally and internationally- an extremely important statistical series, and an invitation by the Michigan Law Review to comment on this annual compilation is very much appreciated: This writer has felt for some time that the recent frequent statements on the Uniform Crime Reports in the daily press and some professional journals have created a considerable amount of unnecessary confusion. This opportunity to analyze the issues involved is therefore most gratifying.


A Critical View Of The Uniform Crime Reports, Sophia M. Robison Apr 1966

A Critical View Of The Uniform Crime Reports, Sophia M. Robison

Michigan Law Review

No one would deny that the FBI performs a vital function in investigating, identifying, and tracking down suspects who may endanger the life, liberty, and property of Americans. However, this writer feels that the Uniform Crime Reports published by the FBI should be subjected to a very critical analysis. Of primary concern are the indiscriminate acceptance of the official data by legislators and social science investigators and the doubtful inferences which a frightened public draws from news releases proclaiming that "the U.S. is sitting on a seething volcano of crime."


The Equal Protection Clause And Imprisonment Of The Indigent For Nonpayment Of Fines, Michigan Law Review Mar 1966

The Equal Protection Clause And Imprisonment Of The Indigent For Nonpayment Of Fines, Michigan Law Review

Michigan Law Review

The practice of imprisonment for failure to pay a fine levied for a criminal violation originated in twelfth-century England; its subsequent unanimous acceptance in the United States is manifested in the provisions in the statutes of every state and of the federal government authorizing imprisonment for nonpayment of fines. A few states not only commit the defendant to jail for nonpayment of the fine, but impose hard labor as well. Some states, however, have mitigated to a degree the harshness of the practice. For example, Arizona restricts the total period of confinement for the crime and the default of the …


Extraterritorial Application Of Penal Legislation, B. J. George Jr. Feb 1966

Extraterritorial Application Of Penal Legislation, B. J. George Jr.

Michigan Law Review

One of the most difficult words in the legal lexicon to delineate is the term "jurisdiction"; it is equally difficult to relate this term to the concept of "venue." The term "jurisdiction" is constantly invoked by courts in a variety of contexts, some relating to geography, some to governmental and judicial structure, some to legislative or judicial power, some to persons, and some to procedures. Thus, it is difficult to discern a common thread of meaning or a consistent pattern of application from the cases in which the word appears.


Lafave: Arrest: The Decision To Take A Suspect Into Custody, B. J. George Jr. Jan 1966

Lafave: Arrest: The Decision To Take A Suspect Into Custody, B. J. George Jr.

Michigan Law Review

A Review of The Decision To Take a Suspect Into Custody by Wayne R. LaFave


Professional Responsibility Of The Criminal Defense Lawyer: The Three Hardest Questions, Monroe H. Freedman Jan 1966

Professional Responsibility Of The Criminal Defense Lawyer: The Three Hardest Questions, Monroe H. Freedman

Michigan Law Review

In almost any area of legal counseling and advocacy, the lawyer may be faced with the dilemma of either betraying the confidential communications of his client or participating to some extent in the purposeful deception of the court. This problem is nowhere more acute than in the practice of criminal law, particularly in the representation of the indigent accused.


Prescriptions Issued To Deceased And Fictitious Patients Are Forgeries Under New York Penal Law Although Signed With True Name Of Issuing Doctor--People V. Klein, Michigan Law Review Jan 1966

Prescriptions Issued To Deceased And Fictitious Patients Are Forgeries Under New York Penal Law Although Signed With True Name Of Issuing Doctor--People V. Klein, Michigan Law Review

Michigan Law Review

Defendant, a licensed New York physician, issued five prescriptions for narcotics, signing his own name and giving his correct address and narcotics registry number. On four of the prescriptions deceased patients were represented as the intended recipients of the drugs; on the fifth the name of a fictitious patient was used. The defendant used these forms to obtain the prescribed narcotics and administered them to an addict. He was convicted of ten counts of third-degree forgery under sections 889-b and 881 of the New York Penal Law. On appeal, held, affirmed. Prescriptions issued to deceased and fictitious patients are …


Silverstein: Defense Of The Poor In Criminal Cases In American State Courts, John F. Grady Jan 1966

Silverstein: Defense Of The Poor In Criminal Cases In American State Courts, John F. Grady

Michigan Law Review

A Review of Defense of the Poor in Criminal Cases in American State Courts by Lee Silverstein


Schur: Crimes Without Victims: Deviant Behavior And Public Policy, Mauris M. Platkin M.D. Jan 1966

Schur: Crimes Without Victims: Deviant Behavior And Public Policy, Mauris M. Platkin M.D.

Michigan Law Review

A Review of Crimes Without Victims: Deviant Behavior and Public Policy by Edwin M. Schur


American Bar Association Section Of Antitrust Law: Jury Instructions In Criminal Antitrust Cases, Ralph M. Carson Jan 1966

American Bar Association Section Of Antitrust Law: Jury Instructions In Criminal Antitrust Cases, Ralph M. Carson

Michigan Law Review

A Review of Jury Instructions in Criminal Antitrust Cases by The American Bar Association Section of Antitrust Law


Professional Ethics In Criminal Trials: A View Of Defense Counsel's Responsibility, David G. Bress Jan 1966

Professional Ethics In Criminal Trials: A View Of Defense Counsel's Responsibility, David G. Bress

Michigan Law Review

More than thirty years ago, in Berger v. United States, Mr. Justice Sutherland described the heavy and multiple responsibility assumed by a prosecutor. The United States Attorney, he asserted, not only must be an advocate for the prosecution, but also must ensure that justice prevails. The Justice stated: "It is as much his duty to refrain from improper methods calculated to produce a wrongful conviction as it is to use every legitimate means to bring about a just one."


Norris: A Casebook Of Complete Criminal Trials, Otis J. Smith Jan 1966

Norris: A Casebook Of Complete Criminal Trials, Otis J. Smith

Michigan Law Review

A Review of A Casebook of Complete Criminal Trials by Harold Norris