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Articles 2011 - 2040 of 2061
Full-Text Articles in Courts
The Proposed Federal Rules Of Criminal Procedure, James J. Robinson
The Proposed Federal Rules Of Criminal Procedure, James J. Robinson
Articles by Maurer Faculty
No abstract provided.
Criminal Law And Procedure - Voluntary Communication To Grand Jury As Contempt, James K. Lindsay
Criminal Law And Procedure - Voluntary Communication To Grand Jury As Contempt, James K. Lindsay
Michigan Law Review
Defendant wrote two letters to the grand jury, then in session, asking leave to appear before it to present evidence of a conspiracy, described therein in highly inflammatory language, between a newspaper, the county assessor and the state's attorney to defraud the state of many millions of revenue by the illegal omission of the newspaper's personal property from the county tax rolls. The state's attorney filed an information incorporating these letters. The trial court found that defendant was guilty of criminal contempt. On appeal, defendant contended that this conviction deprived him of his constitutional right of free speech. Held, …
Constitutional Law - Trial By Jury - Right To Waive Presence Of Trial Judge, Robert P. Kneeland
Constitutional Law - Trial By Jury - Right To Waive Presence Of Trial Judge, Robert P. Kneeland
Michigan Law Review
Defendant was tried for the crime of driving a car while intoxicated. After the jury was instructed and had retired, the judge who had supervised the trial up to that point announced that he was going to another town to sit for a judge who was in poor health, but that a second judge would be available to receive the jury's verdict. Defendant's counsel failed to object to these arrangements. After the judge who heard the cause had left, the jury desired further instructions. As defendant objected to this request, however, it was denied. The second judge received the unqualified …
Criminal Law And Procedure - Remedies Available To Convicted Defendant When New Facts Are Found, Smith Warder
Criminal Law And Procedure - Remedies Available To Convicted Defendant When New Facts Are Found, Smith Warder
Michigan Law Review
Due to its haphazard growth and evolution, the Anglo-American system of jurisprudence occasionally left gaping defects in its general contours. Many of these defects have been and are being filled, both by statute and by the continuing development of the common law. However, there is one case which re-occurs with distressing frequency where no satisfactory remedy has been developed and where this lack of remedy can have unjust or even barbaric results.
Constitutional Law - Criminal Law And Procedure - Right To Effective Assistance Of Counsel, Walter Muller
Constitutional Law - Criminal Law And Procedure - Right To Effective Assistance Of Counsel, Walter Muller
Michigan Law Review
Robbery of a Federal Reserve Bank and jeopardizing lives by the use of dangerous weapons were the charges brought against defendant in a federal district court. Ten months after being taken into custody, he was finally brought to trial. On the latter date, for the first time, the defendant expressed to the court a desire to engage different counsel because of recent difficulties he had had with his original choice. The defendant was the complaining petitioner in a pending disbarment proceeding against his attorney. But the record did not show that the defendant disclosed the nature of those differences to …
Work Of The Louisiana Supreme Court, 1937-38 Term: Criminal Law And Procedure, Jerome Hall
Work Of The Louisiana Supreme Court, 1937-38 Term: Criminal Law And Procedure, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
The New Federal Rules And Indiana Procedure (Part Ii), Bernard C. Gavit
The New Federal Rules And Indiana Procedure (Part Ii), Bernard C. Gavit
Indiana Law Journal
No abstract provided.
The Mind Of The Juror, Stephen Ailes
Constitutional Law- Right To Jury Trial - Petty Statutory Offenses, James H. Roberton
Constitutional Law- Right To Jury Trial - Petty Statutory Offenses, James H. Roberton
Michigan Law Review
The defendant was tried before the police court of the District of Columbia for selling, as a second-hand dealer, unused return-trip railroad tickets without a license, contrary to an Act of Congress. The act provides for a maximum penalty of $300 fine or ninety days in jail. The defendant was denied a jury trial. The Court of Appeals for the District of Columbia found the defendant entitled to a jury trial. On appeal to the United States Supreme Court, it was held by a majority of the Court, that the Federal Constitution does not guarantee the defendant a jury trial …
Grand Jury - Power Of Court In Pennsylvania To Direct A General Investigation -Where No Specific Crime Charged, Michigan Law Review
Grand Jury - Power Of Court In Pennsylvania To Direct A General Investigation -Where No Specific Crime Charged, Michigan Law Review
Michigan Law Review
In a criminal case the judge of a Pennsylvania trial court was erroneously informed that the committing magistrate had discharged the accused's accomplices. The judge thereupon charged the magistrate with "fixing," but after investigation merely censured the latter for (1) failing to require bail in certain cases, and (2) remanding one defendant to a trial court without jurisdiction. The judge expressly said that he had no reason to believe the magistrate had acted from any corrupt motive. He nevertheless told a grand jury that a magistrate's violation of law had come to his attention and ordered the jury to investigate …
Trials-Right To "Public Trial"-Power Of Judge To Exclude General Public, Francis T. Goheen
Trials-Right To "Public Trial"-Power Of Judge To Exclude General Public, Francis T. Goheen
Michigan Law Review
Convinced of the desirability of such action, a judge, conducting the trial of a criminal case, wishes to clear the court room of all or a portion of the spectators. To what extent may he legitimately do so? He is necessarily limited by the provision in the constitution of almost every state and in the Sixth Amendment of the Constitution of the United States that in "all criminal prosecutions the accused shall enjoy the right to a speedy and public trial." The extent to which the trial court may go in clearing the court room has been most often tested …
The Problem Of Jury Instructions, Haymond Maxwell
The Problem Of Jury Instructions, Haymond Maxwell
West Virginia Law Review
The question of instructions to juries is a perennial problem with practitioners and judges. Having in mind the seriousness of this subject, the Judicial Council of West Virginia, some months ago, formulated a program for thorough investigation and consideration of the instructions enigma. In response to the council's request that it render assistance in the matter, the faculty of the College of Law of West Virginia University caused to be made a synopsis of all the state statutes dealing with instructions. Only a few of the states have no such statutes. Virginia is among that small number. Though I am …
Practice And Procedure - Reversal On Confession Of Error By Prosecutor
Practice And Procedure - Reversal On Confession Of Error By Prosecutor
Michigan Law Review
On appeal accused assigned as error the failure of the trial court to sustain his motion for a directed verdict of not guilty. The prosecutor, convinced by facts dehors the record of the innocence of the accused, confessed error. Held, confession of error does not per se justify reversal; the court must find error in the record. Parlton v. United States, (App. D. C. 1935) 75 F. (2d) 772.
Criminal Law And Procedure - Right Of Accused To Be Present At Trial
Criminal Law And Procedure - Right Of Accused To Be Present At Trial
Michigan Law Review
In a prosecution for bank robbery, testimony of a witness which did not connect the accused with the crime and merely served to qualify the witness was received during the unnoticed and involuntary absence of the accused. No objection was made by the counsel for the accused who was present at the time. When the accused's absence was discovered, the motion of counsel that the cause be withdrawn from the jury was overruled and the court admonished the jury not to consider the testimony. Appellant contended that he had been denied a right and that therefore injury must be presumed. …
The Investigating Magistrate (Juge D'Instruction) In European Criminal Procedure, Morris Ploscowe
The Investigating Magistrate (Juge D'Instruction) In European Criminal Procedure, Morris Ploscowe
Michigan Law Review
For nearly five centuries the distinctive figure in the preliminary stages of European criminal proceedings has been the investigating magistrate, known in France as the juge d'instruction. Although temporarily eclipsed by the revolutionary reforms in France in 1791, he was soon re-established. In other European countries the juge d'instruction continued to be the central figure in the preliminary procedure through all the reforms achieved by the liberal movements of the nineteenth century. The investigating magistrate has remained a purely Continental institution. In theory and in practice he embodies the essential difference between Continental and Anglo-American criminal procedure preliminary to trial.
Are The Criminal Courts Doing Their Duty?, Ferdinand Pecora
Are The Criminal Courts Doing Their Duty?, Ferdinand Pecora
Kentucky Law Journal
No abstract provided.
Verdict--Juror's Assent--What Constitutes, Paul D. Farr
Verdict--Juror's Assent--What Constitutes, Paul D. Farr
West Virginia Law Review
No abstract provided.
New Rules Of The Supreme Court, Bernard C. Gavit
New Rules Of The Supreme Court, Bernard C. Gavit
Indiana Law Journal
No abstract provided.
Prosecution Appeals In West Virginia, Frank Edward Horack Jr.
Prosecution Appeals In West Virginia, Frank Edward Horack Jr.
Articles by Maurer Faculty
No abstract provided.
Equity- Contempts - Purgation By Sworn Answer - Doctrine Of Variance
Equity- Contempts - Purgation By Sworn Answer - Doctrine Of Variance
Michigan Law Review
At the suit of X Traction Company defendants had been enjoined from operating busses along streets upon which plaintiff operated its cars. The latter .filed an information in the name of the State charging the defendants with wilful violation of the restraining order, and moved for an attachment for contempt, and for the infliction of "such penalties as are or may be necessary to compel observance." Defendants filed motions to discharge, and also answers for the purpose of purging themselves of the alleged contempt. Upon trial, at which evidence was received, the court found defendants guilty, and levied fines. Defendants …
Criminal Law And Procedure - Indictments - Resubmission To Grand Jury
Criminal Law And Procedure - Indictments - Resubmission To Grand Jury
Michigan Law Review
The defendant was charged with criminal homicide but the grand jury refused to find a true bill. Two more bills were sent to the grand jury, identical in terms with the first. The third was returned a true bill. Defendant claimed error in overruling his motion to quash the indictment. Held, the motion to quash the indictment should have been granted as the subsequent bills were improper. State v. Ledford, (N. C. 1932) 166 S. E. 917.
Criminal Law And Procedure-Instructions To Jury
Criminal Law And Procedure-Instructions To Jury
Michigan Law Review
Defendant was indicted for unlawful possession of liquor. He offered no substantial defense, and the trial judge, in charging the jury, said that while they were sole judges of the facts, "that on the undisputed evidence this man is guilty, and it is your duty to convict him." On appeal, the circuit court held that the charge, while drastic, was not error, as there were no controverted facts, and hence nothing for the jury to do but convict. United States v. Notto, (C. C. A. 2d, 1932) 61 F. (2d) 781.
Criminal Law And Procedure-Jury As Judge Of Law In Criminal Cases
Criminal Law And Procedure-Jury As Judge Of Law In Criminal Cases
Michigan Law Review
The defendant was indicted under a criminal statute making it a misdemeanor for agents and officers to transact business for any foreign corporation which had failed to comply with certain statutory requirements for conducting business in Maryland. The trial judge instructed the jury that if they believed the evidence to he true he was of the opinion that the defendant was an agent within the meaning of the statute. He cautioned them, however, that they were by article 15, sec. 5, of the constitution made judges of the law as well as fact and that his opinion as to the …
Criminal Law And Procedure - Perjury As Contempt-Statutory Construction
Criminal Law And Procedure - Perjury As Contempt-Statutory Construction
Michigan Law Review
Defendant was summoned for jury duty in a celebrated mail fraud case. On voir dire examination she deliberately concealed the fact that at one time the defendants had been her employers, and falsely stated that her mind was free from bias. Accepted as a juror, she attempted to discredit the government's case to fellow jurors, refused to listen to their arguments, and after one week's deliberation in the jury room continued to cast the only vote for acquittal. Held, that this conduct was a contempt of court in that it was an obstruction of the processes of justice. Clark …
Jury-Evidence-Privilege Of Jury Deliberations
Jury-Evidence-Privilege Of Jury Deliberations
Michigan Law Review
The extent to which affidavits of jurors anent proceedings in the jury room can be used, when not aimed at impeaching their verdict, is a question upon which there is little affirmative authority. The law seems clear since Bushell's case that a juror cannot be punished for his finding of fact; what is more, his vote within the jury room as well as his debates seem to be privileged absolutely on grounds of policy.
Procedure Under The Uniform Declaratory Judgment Act, Bernard C. Gavit
Procedure Under The Uniform Declaratory Judgment Act, Bernard C. Gavit
Indiana Law Journal
No abstract provided.
Criminal Law And Procedure - Preliminary Examination
Criminal Law And Procedure - Preliminary Examination
Michigan Law Review
A statute provided: "No information shall be filed against any person for any offense until such person shall have had a preliminary examination therefor as provided by law before a magistrate, unless such person shall waive such right. . . . " The defendant was complained against before a magistrate on a charge of grand. larceny. The magistrate refused to hold the accused on such charge but held him to answer on a charge of receiving stolen property. The prosecutor filed an information charging grand larceny. The defendant moved to quash the information on the ground that he had had …
Comment Upon Failure Of Accused To Testify, Robert P. Reeder
Comment Upon Failure Of Accused To Testify, Robert P. Reeder
Michigan Law Review
Last year the American Law Institute and the American Bar Association adopted resolutions declaring that when the defendant in a criminal trial does not testify the prosecution should be permitted to comment upon that fact. They urged the overthrow of a rule of law which have prevailed in the federal courts ever since accused persons were first permitted to give testimony, over fifty years ago, and which has governed the courts of forty-two out of the forty-eight states. The discussions which preceded the adoption of the resolutions have been published. In them the advocates of the change do not show …
Equity-Injunction Against Criminal Proceedings
Equity-Injunction Against Criminal Proceedings
Michigan Law Review
The possessor of certain slot machines filed a bill in equity to enjoin police interference with their operation. Although the machines, as operated, sold mints for each coin played and occasionally vended tokens which allegedly had no exchange value, they could be changed, by the removal of a pin, into an actual gambling device. The court held in Chambers v. Bachtel, that the bill should be dismissed.
English Criminal Prosecutions, John B. Waite
English Criminal Prosecutions, John B. Waite
Michigan Law Review
A review of CRIMINAL JUSTICE IN ENGLAND, A STUDY IN LAW ADMINISTRATION. By Pendleton Howard.