Law Commons^™

Criminal Responsibility To Determine Insanity--The Model Penal Code Test Emerges From The Currently Existing Tests, James William Sarver

West Virginia Law Review

It is a matter of general knowledge that insanity is a defense to a criminal act. "A man's act does not make him guilty unless his mind also is guilty." No person can be criminally responsible for a crime unless he is sane at the time the offense is committed. In this discussion, the degree of criminal responsibility requisite to determine sanity, at the time of the alleged offense, is of prime importance. There are also certain safeguards in the law protecting the insane from trial and punishment, if insanity appears prior to trial or sentencing; although these phases of …

Abstracts Of Recent Cases, James Kilgore Edmundson Jr.

West Virginia Law Review

No abstract provided.

Insanity As A Defense: The Bifurcated Trial, David W. Louisell, Geoffrey Hazard

Faculty Scholarship at Penn Carey Law

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Civil Rights--Civil Rights Act of 1871--"Under Color of Law" Defined

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Conflict of Laws--Characterization--Amount of Damages in Wrongful Death Action Held to be Procedural and thus Controlled by Law of the Forum

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Criminal Law-Insanity--Third Circuit Adopts A New Test for Criminal Responsibility

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Criminal Law--Smith Act--Membership Clause Requiring Active Membership in Communist Party and Specific Intent To Use Violence Held Not To Violate the First or Fifth Amendments

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Criminal Procedure--Evidence-States May Not Constitutionally Use Evidence Obtained by Illegal Search and Seizure in Criminal Cases

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Evidence--Hearsay--Old Newspaper Article Admitted as Evidence of Facts Contained on Grounds of Necessity …

International Law- Criminal Law- Jurisdiction Over Aliens For Crimes Committed Abroad, Frank G. Reeder S. Ed

Michigan Law Review

Six alien defendants were convicted under a federal statute for knowingly making false statements before United States consular officials abroad in order to procure nonquota immigrant visas. Their motion to dismiss this count on the ground that the district court lacked jurisdiction to indict and try aliens for crimes committed outside the territorial limits of the United States was denied. On appeal, held, affirmed. As a necessary incident to its sovereignty, the United States is competent to punish aliens apprehended within the United States for acts against its sovereignty committed outside the country. Rocha v. United States, 288 …

Criminal Law-Involuntary Manslaughter- Presence As A Pre-Requisite To Liablity For Permitting An Incompetent To Drive An Automobile, Peter D. Byrnes S. Ed

Michigan Law Review

Defendant gave his car keys to an intoxicated friend and permitted him to operate the vehicle while the defendant was at home in bed. As he was driving on the wrong side of the highway, the friend was involved in a head-on collision which resulted in the death of the drivers of both vehicles. Defendant was convicted of involuntary manslaughter and of the misdemeanor of allowing an intoxicated person to operate his automobile. On appeal, held, conviction of manslaughter reversed. Although one who permits an intoxicated person to drive his car is guilty of a misdemeanor, he cannot be …

Criminal Law—Conspiracy To Commit Murder, Established By Circumstantial Evidence, Must Be Proved To A Moral Certainty, Robert D. Stein

Buffalo Law Review

People v. Agron. 10 N.Y.2d 130, 218 N.Y.S.2d 625 (1961).

Torts: Right Of Brother And Sister To Sue, W. Kendall Lipscomb Jr.

William & Mary Law Review

No abstract provided.

Criminal Law—Single Occurrence Satisfies Common Gambling And Bookmaking Requirements, Eugene J. Smolka

Buffalo Law Review

People (ex rel. Guido) v. Calkins, 9 N.Y.2d 77, 211 N.Y.S.2d 166 (1961); People v. Pavia, 8 N.Y.2d 333, 207 N.Y.S.2d 659 (1960).

Criminal Law—Creation Of A Fictional Citizen's Arrest, Patricia A. Leary

Buffalo Law Review

People v. Foster, 10 N.Y.2d 99, 217 N.Y.S.2d 596 (1961).

Criminal Law—Passive Party To Sodomy Guilty Only Of Aiding And Abetting, Buffalo Law Review Board

Buffalo Law Review

People v. Randall, 9 N.Y.2d 413, 214 N.Y.S.2d 417 (1961).

Criminal Law—Miscellaneous Criminal Law Cases, Buffalo Law Review Board

Buffalo Law Review

People v. Shenandoah, 9 N.Y.2d 75, 211 N.Y.S.2d 165 (1961); People (ex rel. Bartlam) v. Murphy, 9 N.Y.2d 550, 215 N.Y.S.2d 753 (1961); People v. Felberbaum, 9 N.Y.2d 213, 213 N.Y.S.2d 53 (1961).

Ii. The Problem Of The Indigent, E. Barrett Prettyman

Washington and Lee Law Review

No abstract provided.

Criminally Enforceable Duty To Act

Washington and Lee Law Review

No abstract provided.

Three Modern Problems In Criminal Law, E. Barrett Prettyman

Washington and Lee Law Review

No abstract provided.

I. The Problem Of The Juvenile, E. Barrett Prettyman

Washington and Lee Law Review

No abstract provided.

Iii. The Problem Of The Incompetent, E. Barrett Prettyman

Washington and Lee Law Review

No abstract provided.

Procedural Methods For Raising Insanity In Criminal Actions In Virginia

Washington and Lee Law Review

No abstract provided.

Paradoxes In Law Enforcement, E. F. Roberts

Cornell Law Faculty Publications

No abstract provided.

The Origin Of The Sacco-Vanzetti Case, Tom O'Connor

Vanderbilt Law Review

For the first time in the thirty-three years since Sacco and Vanzetti were executed, on August 23, 1927, there has appeared an apologia for the Commonwealth of Massachusetts. The work bears the title: Sacco-Vanzetti: The Murder and the Myth. The author is Robert H. Montgomery, a Harvard Law School graduate (1912) and a corporation lawyer in Boston for nearly fifty years. His clients include textile mills, such as the American Woolen Company (center of the famous Lawrence Strike of 1911), New England Telephone & Telegraph Co., and large electric power interests. The approach of Attorney Montgomery to the Sacco-Vanzetti case …

Regulation Of Business - Sec Rule X-10b-5 - Recovery By Corporation Fradulently Induced To Issue Shares, William S. Bach

Michigan Law Review

Defendants, Mountain States Securities Corporation and former officers of Consolidated American Industries, Inc., organized a dummy corporation, the Mid-Atlantic Development Company. The defendants drew a formal contract whereby Mid-Atlantic agreed to transfer worthless Cuban insurance company stock and equally valueless Honduran oil exploration rights to Consolidated in exchange for 700,000 shares of Consolidated stock. Consolidated's former secretary falsely certified a corporate resolution authorizing the issuance of the stock, and its former general counsel advised Consolidated's stock transfer agent that the transaction was exempt from SEC regulation. Acting on these representations, the transfer agent issued the Consolidated stock. Since at this …

The Theory Of Criminal Discovery And The Practice Of Criminal Law, David W. Louisell

Vanderbilt Law Review

To crystallize in a few words the motif of a career as varied and comprehensive as that of Eddie Morgan would in any event be difficult, but it is doubly so for a life devoted, as his has been, to stuff as vital and dynamic as procedure and evidence. For me, his work most fundamentally is to be characterized as a quest for greater rationality in the adjudicative process. Whether one thinks of his analysis of the hearsay rule,' or his rationale of the admissions exception to it, or his treatment of the dead man's statute, or his study of …

Criminal Law - Insane Persons - Competency To Stand Trial, John H. Hess M.D., Henry B. Pearsall S.Ed., Donald A. Slichter S.Ed., Herbert E. Thomas M.D.

Michigan Law Review

Mental unsoundness in a person accused of a crime raises two distinct legal questions. One is the question of the individual's responsibility for his behavior and the other is the question of the individual's competency to enter into the legal procedures of trial or punishment. In recent years considerable attention has been given to matters of responsibility, but relatively little attention has been paid to the problem of incompetency and especially to the consequences of incompetency proceedings. In order to analyze and evaluate the operations of the Michigan law in the area of incompetency to stand trial, two psychiatrists joined …

Havard: The Detection Of Secret Homicide, B. J. George Jr.

Michigan Law Review

A Review of The Detection of Secret Homicide. By J. D. J. Havard.

Criminal Law - Insane Persons - Influence Of Mental Illness On The Parole Return Process, David G. Davies S.Ed., John H. Hess M.D.

Michigan Law Review

Defendants in the criminal process are divided into rigidly exclusive categories of mental health. The competent to stand trial are first separated from the incompetent. Then the competent are divided on the basis of their mental state at the time of their acts between the "sane" and the "insane." As long as these rigid categories are administered in an adversary trial system, some misdirection of victims of serious mental illness into the penal system is almost inevitable. Even where mental illness might otherwise prevent conviction, those accused of non-capital felonies are not likely to raise the question, and few courts …

Evidence--Burden Of Proof--Presumption Of Innocence, Esdel Beane Yost

West Virginia Law Review

No abstract provided.

Abstracts Of Recent Cases, Nick George Zegrea

West Virginia Law Review

No abstract provided.

Book Notes, Law Review Staff

Vanderbilt Law Review

Diary of A.D.A.

By Martin M. Frank.

New York: Henry Holt & Co.,1960. Pp. 274. $3.95.

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Islamic Law in the Modern World

By J.N.D. Anderson.

New York:New York University Press, 1959. Pp. xx, 106. $2.75.

Partial Responsibility-A Mitigating Factor

Washington and Lee Law Review

No abstract provided.

Macdonald: Fraud On The Widow's Share, Max Rheinstein

Michigan Law Review

A Review of FRAUD ON THE WIDOW'S SHARE. By William D. Macdonald