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Articles 3931 - 3960 of 3998
Full-Text Articles in Criminal Law
Evidence - Constitutional Law - Use Of Statutory Presumptions In Criminal Cases, Edward M. Watson
Evidence - Constitutional Law - Use Of Statutory Presumptions In Criminal Cases, Edward M. Watson
Michigan Law Review
The recent efforts on the part of state legislatures to increase the effectiveness of their criminal codes has resulted in extending the use of the statutory presumption to new fields of criminal law. The reaction which necessarily follows such an innovation upon traditional practice has appeared in the form of renewed attacks upon the constitutionality of the device, accompanied by the usual expressions of alarm concerning the "threat to liberty" that lurks in the use of this "mechanistic" instrument of "arbitrary oppression."
Retroactive Application Of Law-A Problem In Constitutional Law, Edward S. Stimson
Retroactive Application Of Law-A Problem In Constitutional Law, Edward S. Stimson
Michigan Law Review
May an overruling decision be applied to ascertain the legal effect of prior conduct? In cases arising under the diversity of citizenship jurisdiction, the United States Supreme Court has held that the federal courts should apply earlier state court decisions, and not a decision overruling them, whenever the retroactive application of the new rule would adversely affect a party who had changed his position in reliance on the decisions overruled. In the absence of such reliance and change of position it has sustained the retroactive application of a new rule. If the basis of the first principle is elemental fairness …
Constitutional Law - Validity Of Sex Offender Acts, William K. Jackson
Constitutional Law - Validity Of Sex Offender Acts, William K. Jackson
Michigan Law Review
The sex offender has become an acute problem. Sociologists, psychiatrists, and lawyers sensing the imperative need for action have devoted much time and thought to the questions involved. Experience has shown that the sex offender is generally a recidivist; he has to be arrested and committed repeatedly for the same type of crimes. The point is graphically illustrated by the case of a man, fifty-nine years of age, arrested recently in Detroit for a sex offense involving a youth. An examination of his record showed that he had been arrested in 1899, when twenty-one years of age, on charges involving …
Criminal Law-Double Jeopardy-Dismissing After Jury Impaneled
Criminal Law-Double Jeopardy-Dismissing After Jury Impaneled
Indiana Law Journal
No abstract provided.
Constitutional Law--State's Right To Criminal Appeal, C. A. P. Jr.
Constitutional Law--State's Right To Criminal Appeal, C. A. P. Jr.
West Virginia Law Review
No abstract provided.
Disjunctive Allegations In Indictments And Variance Between Allegations And Proof, J P. R.
Disjunctive Allegations In Indictments And Variance Between Allegations And Proof, J P. R.
West Virginia Law Review
No abstract provided.
Criminal Law And Procedure - Repeal Of Statute - Eighteenth Amendment
Criminal Law And Procedure - Repeal Of Statute - Eighteenth Amendment
Michigan Law Review
Defendants Chambers and Gibson were indicted on June 5, 1933, for conspiracy to violate the National Prohibition Act, and for possessing and transporting liquor in violation of the Act. Chambers pleaded guilty, and the case was continued to the December term. The case was called for trial as to Gibson on December 6, 1933. Chambers filed a plea in abatement, and Gibson demurred to the indictment. Held, the repeal of the Eighteenth Amendment, by the adoption of the Twenty-first, proclaimed December 5, 1933, barred further prosecution. United States v. Chambers and Gibson, (U.S. Sup. Ct. 1934) 1 U.S. …
Constitutional Law - Federal Control Over Crime - Scope Of Power To Regulate Crime Under The Commerce Clause
Michigan Law Review
The increase of criminal activities interstate in scope, and the growing dissatisfaction with state enforcement of local laws, have focused attention of late upon the power of Congress to regulate crime under the commerce clause of the Constitution. Outstanding among proposals for congressional legislation are the following: making interstate felonies federal offenses; punishing criminals who flee across state lines after committing a crime; and restricting the sale and transportation of firearms. Most, if not all, of this suggested legislation must rest on the commerce clause for its validity. We purpose here to discuss the nature and scope of this power, …
Change In Venue In Criminal Case--Constitutional Law
Change In Venue In Criminal Case--Constitutional Law
Indiana Law Journal
No abstract provided.
Appeal And Error-Raising Constitutionality Of A Statute In Criminal Cases
Appeal And Error-Raising Constitutionality Of A Statute In Criminal Cases
Indiana Law Journal
No abstract provided.
Presumptions - Constitutional Validity Of Statute Establishing Proof Of Reputation As Prima Facie Evidence Of Commission Of Crime
Michigan Law Review
The rise and sway of the gangster as a menace to American social and economic security has led, of late, to the employment of unique means of combating lawlessness. Faced by a tremendous increase in the difficulties lying in the path of those seeking the conviction of professional criminals for major crimes, the police and prosecutors often turn towards a means of fighting crime originally devised to make life uncomfortable for petty off enders. The enforcement of the pistol laws and the vagrancy statutes against millionaire gangsters, and repeated arrests on suspicion, have been resorted to as a means of …
Intoxicating Liquors-Constitutional Law-Criminal Law-Double Jeopardy
Intoxicating Liquors-Constitutional Law-Criminal Law-Double Jeopardy
Indiana Law Journal
No abstract provided.
The Right Of The Accused In A Criminal Case Not To Be Compelled To Be A Witness Against Himself, Mose E. Boiarksy
The Right Of The Accused In A Criminal Case Not To Be Compelled To Be A Witness Against Himself, Mose E. Boiarksy
West Virginia Law Review
No abstract provided.
Constitutional Law-Statutory Prohibition Of Possession Of Liquor
Constitutional Law-Statutory Prohibition Of Possession Of Liquor
Michigan Law Review
The Michigan court has recently declared the state statute prohibiting the mere possession of liquor to be constitutional. People v. Burt, 236 Mich. 62, 210 N. W. 97. The court does not enter into any: discussion as to the constitutionality, but relies on a previous decision, People v. Stambosva, 210 Mich. 436, 178 N. W. 226. This phase of the case is stressed, however, in a vigorous dissent by Chief Justice Bird, who denies that the Stambosva case is controlling. That case held the statutory provision in question to be valid, as not violative of due process, but …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Crimes-Arrest-Reasonable Cause To Believe
Crimes-Arrest-Reasonable Cause To Believe
Michigan Law Review
The admission of evidence was objected to, in a recent case, on the ground that it had been illegally secured. Officers had arrested the defendant without a warrant, on a charge of illegally transporting liquor. He was in fact guilty of the offense for which arrested, but contended that the evidence secured by the arrest could not be used. The circuit court of appeals phrased the issue thus : ''Was there probable cause for the officers to believe (that the felony was being committed), or were the facts sufficient to give rise merely to a suspicion thereof? If the former, …
Constitutional Law-Restricting Liberty Without Due Process Of Law-Extorted Confessions
Constitutional Law-Restricting Liberty Without Due Process Of Law-Extorted Confessions
Michigan Law Review
Of recent years the administration of criminal justice has increased many-fold, owing to the constantly increasing size of our great cities and the period of growing social unrest in which we find ourselves. Public opinion has demanded a more effective mode of dealing with those who break the law with seeming impunity. In view of this attitude it is only natural that in a particularly baffling crime the police should seek to obtain some clue of the criminals by grilling suspects. This has resulted in many cases in acts which to say the least are over-zealous. In a recent case …
Criminal Law--Evidence Obtained By Illegal Search And Seizure, R. M. M.
Criminal Law--Evidence Obtained By Illegal Search And Seizure, R. M. M.
West Virginia Law Review
No abstract provided.
Due Process And Punishment, Clarence E. Laylin, Alonzo H. Tuttle
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."
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Carriers of Passengers - Duty to Stop at Station to Permit Passenger to Alight-Contributory Negligence of Passenger Plaintiff's intestate was riding in the front end of a crowded vestibule car in the coach next to the tender of the eengine. When the train stopped at his station he tried to leave by the front end, but found the door from the vestibule closed. As he did not know how to open it, or was unwilling to be carried by his station, he stepped from his platform to the bumper of the tender and tried to follow it to the side …
Note And Comment, Edwin C. Goddard, John G. Cedergren, Henry C. Bogle, Henry Rottschaefer, Marcy K. Brown
Note And Comment, Edwin C. Goddard, John G. Cedergren, Henry C. Bogle, Henry Rottschaefer, Marcy K. Brown
Michigan Law Review
Limitation as to the Amount of Liability for Loss of Goods by Carriers - A carload of automobiles was shipped by express, under an express receipt limiting recovery to $50, unless a greater value was named and a greater carrying charge paid. The shipper knew of this stipulation, and deliberately chose the restricted liability so as -to secure the lower rate. On a suit for loss of the automobiles, recovery was limited to $5o. Geo. N. Pierce Co. v. Wells Fargo & Co., I89 Fed. 561, commented on in 10 MICH. L. RSv. 317. The United States Supreme Court has …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Recent Important Decisions
Michigan Law Review
Bankruptcy - Judgment for Breach of Promis, Aggravated by Seduction, Not Dischargeable - Petitioner 'had secured a judgment against the bankrupt for the breach of a promise to marry, seduction under such promise having been pleaded in aggravation of damages; the common law rule prevails in New York and a woman may not maintain an action for her own seduction. The District Court (196 Fed. 571), viewing this as a judgment grounded solely in contract, and not in tort as "for -will-ful and malicious injury to the person or property of another," or for "seduction of an unmarried female," held …
Recent Important Decisions
Michigan Law Review
Bankruptcy - Jurisdiction of the District Court Exclusive Within Its District - A trustee in bankruptcy appointed, by the District 'Court for the District of Illinois filed a petition in the District Court for the Western District of Michigan for a summary order to require the respondent to surrender to the trustee certain moneys claimed as the property of the bankrupt. The respondent was a resident of the Eastern District of Michigan, and denied the jurisdiction of the court to issue an order to be enforced in another district. Held that the jurisdiction of the District Courts, in all bankruptcy …
Note And Comment, Joseph J. Kennedy, Samuel H. Morris, Burke W. Shartel, George S. Burgess
Note And Comment, Joseph J. Kennedy, Samuel H. Morris, Burke W. Shartel, George S. Burgess
Michigan Law Review
Attendance at the Law School; An Extreme Case in the Application of the Safety Appliance Act; Advisory Opinions; Refusal of Specific Performance Where Subsequent Unexpected Events Render it Inequitable; Is Vasectomy a Cruel Punishment
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Adverse Possession--Railroads--Effect of Change of Line; Bankruptcy--Extension of Time for Filing Petition for Discharge; Bankruptcy--Voidable Preferences--Proceeds of Fire Insurance Policy; Bills and Notes--Liability of Irregular Indorser--Questions for Jury; Bills and Notes--Negotiability--Law Governing; Boundaries--Street--Land Made by Change in Street; Commerce--Interstate Commerce on Route Between Two Points in Same State; Criminal Law--Dead Bodies--Proper Burial; Constitutional Law--Involuntary Servitude; Deeds--New Grantee in Habendum--Construction; Deeds--Parol Reservation of Growing Crops by Vendor of Land; Evidence--Admissibility of Statements of a prior Holder of Negotiable Paper Against Transferee; Evidence--Right to Introduce Secondary Evidence of Contents of a Document When the Original is Beyond Jurisdiction of the Court; Guardian …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Animals--Abuse--Malice Toward the Owner; Assault and Battery--Apparent Ability; Bankruptcy--marshaling Assets of Partnership and of Constituent Firm; Banks and Banking--Checks--Fictitious Payee; Bills and Notes--Bona Fide Holder; Carrier--duty to Protect Passengers; Constitutional law--Division of Powers--Infringement on Executive; Constitutional law--Eminent Domain--Supersedure of Ordinance of 1787; Constitutional law--Special Legislation--Automobiles; Corporations--Issue of Stock--Corporation of Two States; Courts--Jurisdiction--Damage to Real Property Without the State--Negligence; Damage--Personal Injuries Contributing to Disease; Deeds--Assignment o fright of Entry Between Heirs; Deeds--Restrictive Covenant--"building" Defined; Equity--Infringement of Trade Marks--"Clean Hands"--Husband and Wife--Estate by Entirety--Conveyance of Husband's Interest; Judgment--Effect of the Transcript of a Justice's Judgement Filed in the District Court; Judgment--Estoppel--Homestead; Marriage--What …
Note And Comment, Paul P. Farrens, Langdon H. Larwill, Leonard F. Martin
Note And Comment, Paul P. Farrens, Langdon H. Larwill, Leonard F. Martin
Michigan Law Review
The Latest Step in the Expansion of the Commerce Clause of the Federal Constitution; The Right of a Trustee of a Bankrupt Partnership to Administer the Individual Estate of an Unadjudicated Partner Against His Will or Consent; Presumption in Favor of Reply Letters; A Novel Case Upon the Question of What Constitutes Former Jeopardy
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Adverse Possession--Hostile Character--Possession Under Executory Contract for Sale; Bills and Notes--Bona Fide Purchase--Effect of Taking After Maturity; Bills and Notes--Bona Fide Purchase--Payment of Forged Check--Recovery of Payment; Bills and Notes--Invalidity of Note--Recovery Upon Original Consideration; Constitutional law--Due Process of Law--Situs of Ship for Purposes of Taxation; contracts--Sufficiency of Typewritten Signature; Copyright--Moving Pictures as Dramatization of Book; Corporations--Stockholder's Meetings--Effect of Withdrawal of Stockholders; Courts--The New Commerce Court--Jurisdiction--First Decision; Covenants Running with the Land--Building Restrictions; Damages--Excessiveness--Personal Injuries--Remittitur; Dead Bodies--Burial Determination of Place; Easements--Merger--Use by Owner of Servient Estate--Adverse Possession; Homicide--Burden of Proof When Insanity is a Defense; Intoxicating Liquors--Illegal Sale--"Dispensing"; Judgment--Collateral Attack--Defective …