Criminal Law Commons^™

Michigan V. Tucker, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Achieving Prompt Criminal Trials In New York, W. David Curtiss

Cornell Law Faculty Publications

During the past two years there have been several significant developments in New York related to achieving prompt trials in criminal prosecutions. These developments, which include judicial decisions, administrative rules and legislative enactments, come into special focus when delay in the trial of criminal cases is attributable to calendar congestion and the need for additional personnel and facilities. This article will examine these decisions, rules and statutes, with particular reference to their relationship to basic principles of judicial administration.

Our Options Are Limited, Warren E. Burger

Villanova Law Review (1956 - )

No abstract provided.

Recent Legislation, J. Rodney Johnson

University of Richmond Law Review

The 1972 session of the General Assembly was especially active in the areas of wills, trusts, and estates. Much of this legislation deals with fine points not affecting the average lawyer in his practice. However, the following items of legislation should be of general interest to the attorney whose practice involves probate work or estate planning, even though he does not hold himself out as a specialist in these areas.

Sarno V. Illinois Crime Investigating Commission, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Plea Bargaining: A Model Court Rule, Kenneth A. Kraus

University of Michigan Journal of Law Reform

It is not the purpose of this note to discuss the justification for the plea bargaining process, for it is clear that this system will of necessity be continued in the foreseeable future. Instead, this analysis is designed first to present the functional role, constitutional status and existing abuses in the plea bargaining process, and then to discuss the goals and the proposed standards relevant to reform of the present plea bargaining procedures. The culmination of this analysis is the proposed Model Court Rule for Plea Agreements in part III.

Title I - Special Grand Jury, Jeffrey J. Greenbaum

University of Michigan Journal of Law Reform

Title I establishes special grand juries to sit in major population areas and other areas designated by the Attorney General. These grand juries are protected from arbitrary dismissal by the district court before completion of their work. They can sit for extended periods (a maximum of thirty-six months), and are authorized to issue reports concerning (a) noncriminal misconduct of appointed government officials or employees involving organized criminal activity; and (b) organized crime conditions within the district. When reports are issued concerning governmental misconduct, individuals named are given notice, afforded the opportunity to present evidence, file an answer, and obtain judicial …

Appellate Review Of Legal But Excessive Sentences: A Comparative Study, Gerhard O.W. Mueller, Fre Le Poole

Vanderbilt Law Review

Classical penology was conceived in France in the eighteenth century, and then eclipsed all over the world in the nineteenth, when Lombroso conjured up the picture of the born criminal. It was finally laid to rest in the United States in the twentieth century. Its basic tenet had been simple enough: the legislature in its infinite wisdom would seek and find the appropriate punishment for every crime.This can be accomplished if a crime is defined narrowly enough, perhaps by the creation of subcategories of that crime, so as to encompass all potential perpetrators who will each incur the same amount …

Conviction: The Determination Of Guilt Or Innocence Without Trial, By Donald J. Newman, Donald L. A. Kerson

Indiana Law Journal

No abstract provided.

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

United States V. Tempia: The Questionable Application Of Miranda To The Military, James F. Falco

Villanova Law Review (1956 - )

No abstract provided.

Notes For Law Day Speech, Lewis F. Powell Jr.

Powell Speeches

Speech delivered at Richmond Kiwanis Club, Richmond, Virginia.

The Uncertain Rules Of Timeliness In Petitions For The Writ Of Habeas Corpus, Edwin M. Goldsmith Iii

Villanova Law Review (1956 - )

No abstract provided.

Book Reviews, Francis A. Allen, Donald T. Weckstein, James V. Hayes, Mark S. Massel, Ervin H. Pollack

Journal of Legal Education

No abstract provided.

Introduction, Joseph O'Meara

Journal Articles

A symposium was held on February 29, 1964, devoted to the constitutional amendments proposed by the Council of State Governments. Very briefly these amendments would (1) vest power to amend the Constitution in State legislatures; (2) set up a "Court of the Union," composed of the chief justice of the supreme court of each of the 50 states, which would have authority to review "any judgment of the Supreme Court relating to the rights reserved to the states or to the people by this Constitution"; (3) take from the federal courts all jurisdiction over the apportionment of representation in State …

Book Reviews, Daniel H. Pollitt, Dale W. Broeder, George M. Joseph, Robert E. Mathews, W. H. Howery, Brendan F. Brown, Ilmar Tammelo, W. Paul Gormley, Chester James Antieau, Albert I. Kegan, Delmar Karlen, Albert A. Ehrenzweig

Journal of Legal Education

No abstract provided.

Constitutional Law - Right To Jury Trial In Indirect Criminal Contempts In Federal Courts, Denis T. Rice S.Ed.

Michigan Law Review

Should constitutional provisions for jury trial apply to contempts committed outside the physical presence of a federal court? The United States Supreme Court, in the recent case of Green v. United States, reviewed this long disputed question. The case involved two Communist Party leaders who had been convicted of Smith Act violations and then had "jumped bail" when they disappeared in violation of surrender orders requiring their presence in court for sentencing. After four and a half years as fugitives they surrendered in 1956 and were charged with criminal contempt of court. Following a so-called "summary" hearing (without the …

Weiss V. Inspector General, Moshe Landau, Yitzhak Olshan, Yoel Sussman

Translated Opinions

The petitioners were members of the Israel Police Force. They were sent to the "Gaza strip" when it was occupied by Israel armed forces after the Sinai Campaign to do normal police work there. In contravention of an order forbidding the purchase of goods, they bought nylon material, medicines, cameras and films. They were charged before a Court of Discipline which was set up under the Police Ordinance. The petitioners contended that the court had no jurisdiction to hear charges against them because, inter alia, the Police Ordinance only dealt and could only deal with offences committed in Israel and …

The Federal Courts And Indirect Criminal Contempt, Philip L. Peeler

Vanderbilt Law Review

The purpose of this note will be to deal with one method of implementation, i.e., the use of the court's power to punish for criminal contempt particularly in regard to decrees, and the extent to which and under what circumstances persons not directly named in those decrees may be subjected to punishment for conduct of a criminal nature which interferes with the enforcement of those decrees...

Judicial decisions which conflict with settled moral and ethnological convictions are not translated overnight into effective standards of acceptable behavior. The decisions, however, must be implemented.'The purpose of this note will be to deal …

Recent Cases, Law Review Staff

Vanderbilt Law Review

RECENT CASES

AGENCY--INDEPENDENT CONTRACTOR--"ONE WAY LEASE" EFFECTIVE TO TERMINATE RELATIONSHIP

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COURTS--CIVIL RIGHTS ACT--IMMUNITY OF JUDGE FOR ACTS COMMITTED IN THE EXERCISE OF A JUDICIAL FUNCTION

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COURTS--CONTEMPT--VIOLATION OF COURT RULE BANNING PHOTOGRAPHY

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CRIMINAL LAW--ENTRAPMENT BY STATE OFFICIAL AS A DEFENSE TO FEDERAL PROSECUTION

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DAMAGES--BREACH OF WARRANTY--RECOVERY FOR LOSS OF PROFITS

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FEDERAL COURTS--CHOICE OF LAW--APPLICATION OF ERIE DOCTRINE TO DIVERSITY CASES INVOLVING FEDERAL COMMERCIAL PAPER

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TORTS--BATTERY--CONSENT OF MINOR TO SIMPLE OPERATION AS A DEFENSE

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TORTS--DUTY TO ACT--EMPLOYER'S ASSUMPTION OF A DUTY BY GIVING MEDICAL EXAMINATIONS TO EMPLOYEES

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Constitutional Law - Due Process - Use Of Habeas Corpus To Allow Federal Court To Review State Court Jury Determination Of Voluntariness Of Confession, Herbert R. Brown S.Ed.

Michigan Law Review

The prisoner had been convicted of murder in the state court. He brought a habeas corpus proceeding in federal district court to secure his release from custody on the ground that the conviction was based on a confession which was obtained by physical violence. The confession had been submitted to the jury, which was instructed to consider it only if it found that it was not obtained by duress or fear produced by threats. The district court granted the writ of habeas corpus. On appeal, held, affirmed. The district court could determine the facts of the case for itself. …

Courts--Construction Of Local Statute By Foreign Court--Survival Of Criminal Action After Corporate Dissolution, M. J. P.

West Virginia Law Review

No abstract provided.

Criminal Law - Contradictory Statements Under Oath As Grounds For Perjury In The Federal Courts, Richard M. Adams S.Ed.

Michigan Law Review

Perjury has frequently been described as one of the more difficult convictions to obtain, and the truth of this saying is no better illustrated than in the case of Harvey Matusow. During the two years in which ex-Communist Matusow served as a professional government witness, he accused 180 or more persons as being members of the Communist Party or Communist sympathizers. This same witness has now described himself as a "habitual and perpetual liar" and has publicly admitted that all of his previous testimony was false. On the strength of this recantation, motions were filed for a new trial in …

Constitutional Law - Right To Effective Assistance Of Counsel In Federal Courts And Waiver Thereof, Richard M. Adams S.Ed.

Michigan Law Review

Indicted for illegal traffic in narcotics, petitioner and his trial counsel allegedly attempted to fabricate an alibi on the false testimony of petitioner's girl friend. The evidence indicated that on several occasions before trial, the girl was invited to the office of petitioner's attorney, given narcotics, and told to memorize certain false testimony to be used in petitioner's defense. Later the girl bad a change of mind and agreed to testify for the government Despite the strenuous objections of defendant's counsel, a description of this alleged fraud on the court was given in the prosecution's opening statement, and the witness …

Criminal Law - Delay In Imposition Of Sentence As Destroying Jurisdiction Of Trial Court, M. Fred Mallender, Ii S.Ed.

Michigan Law Review

Defendant was tried for burglary in April 1952. Before judgment was rendered, a petition for his commitment to the Indiana Village for Epileptics was granted, and the trial court entered judgment in July 1952 that it continue the matter under advisement so long as defendant remained in the Epileptic Village and complied with the rules and regulations. In September 1952 defendant escaped from the Epileptic Village and was later apprehended. He was brought to trial in April 1953. The court found that he had not complied with the judgment of July 1952, found him guilty as charged, and sentenced him …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Recent Cases

Agency--Liability of Master for Servant's Acts--State Permit to Operate

Agency--Possession as Indicia of Ownership

Constitutional Law--Aliens--Detention Where Deportations is Impossible

Courts--Contempt--Delay in Summary Punishment

Criminal Law--Habitual Criminal Statutes--Meaning of Previous Conviction Requirement

Domestic Relations--Liability of Husband for Necessaries of Wife Rightfully Living Apart

Income Taxation--Excludibility from Gross Income of Payment over Ceiling Price

Income Taxation--Taxable Income--Claim of Right

Procedure--Grand Jury--Motion to Expunge Defamatory Remarks in Report

Procedure--Statute of Limitations--Retroactive Operation

Statutes--Holding of Unconstitutionality Overruled--Necessity for Re-Enactment

Wills--Contest--Interest of Legatee's Representative

Social Meaning Of Legal Concepts - Criminal Guilt, Jerome Hall

Indiana Law Journal

No abstract provided.

Courts-Validity Of Order Of Judge Excluding Public From Criminal Trials [United States V. Kobli, C. A. 3d 1949].

Washington and Lee Law Review

No abstract provided.

Levitt V. Angel, Yitzhak Olshan, Menachem Dunkelblum, Shneor Zalman Cheshin

Translated Opinions

The appellant, who had allowed third parties to occupy premises in breach of an injunction restraining him from so doing was convicted of contempt of court under the Contempt of Court Ordinance and was sentenced to a fine of I.L. 250 or three months imprisonment. This sentence was imposed on the appellant by the District Court not for the purpose of inducing him to comply with the terms of the injunction, which had become impossible, but as a punishment for its breach.

Held, allowing the appeal, that the purpose of the sanctions in the Contempt of Court Ordinance is to …

Direct Appeal To The Supreme Court By The United States In Criminal Cases, Philip B. Kurland, Richard F. Wolfson

Indiana Law Journal

No abstract provided.