Criminal Law Commons^™

Constitutional Law--The Scope Of The Escobedo Rule, Lester Clay Hess Jr.

West Virginia Law Review

No abstract provided.

Abstracts Of Recent Cases, Ralph Judy Bean Jr.

West Virginia Law Review

No abstract provided.

Criminal Law And Procedure -- 1964 Tennessee Survey, Graham Parker, Robert E. Kendrick

Vanderbilt Law Review

The substantive criminal law receives little attention from the Tennessee appellate courts. No doubt this observation would be equally true of most jurisdictions. To one who received his legal training in a common law system of criminal law and who yet has had some experience with Canada's federal code of criminal law, the emphasis on criminal procedure is surprising. Does this mean that the state codes of substantive law have reached such heights of perfection and expertise that the efforts of the Model Penal Code draftsmen are unnecessary or, at best, academic? It is unlikely. The position rather reflects a …

Police Interrogation: A Psychoanalytic View, Philipp Brockington

Law Faculty Publications

No abstract provided.

Constitutional Right To Jury Trial In Criminal Contempt Cases?-United States V. Barnett, Michigan Law Review

Michigan Law Review

Federal courts historically have had the power to try criminal contempt cases without a jury. There is a virtually uninterrupted 150-year line of cases which holds that contempt is not a "Crime" or "criminal prosecution" within the meaning of article III and the sixth amendment to the Constitution. Superficially, the decision in United States v. Barnett is in accord with these precedents. However, in an important "dictum," footnote number 12, the majority cautioned that "punishment by summary trial without a jury would be constitutionally limited to that penalty provided for petty offenses." Although the Court itself styles this comment a …

Kamisar, Inbau & Arnold: Criminal Justice In Our Time, Theodore Souris

Michigan Law Review

A Review of Criminal Justice in Our Time by Yale Kamisar, Fred E. Inbau, and Thurman Arnold

Grand Jury Secrecy, Richard M. Calkins

Michigan Law Review

When a leading state such as Illinois enacts "reform" legislation, an impact on the legislatures of other jurisdictions may be anticipated. Accordingly, a need exists for an examination of this legislation in the light of the common-law background of grand jury secrecy and for a further analysis of it in the face of the growing trend toward more liberalized discovery of grand jury minutes in other jurisdictions. It is the contention of the author that such an empirical study will demonstrate that this legislation adopted by Illinois is contrary to all modern judicial thinking and is, in fact, a retrogressive …

Why Imprisonment Must Go, Giles Playfair

Kentucky Law Journal

No abstract provided.

Evidence - Hearsay Statement In The Nature Of A Declaration Against A Penal Interest Admissible In Evidence Even Though The Unavailability Of The Dedarant Is Not Established. People V. Spriggs (Cal. 1964), Robert E. Madruga

San Diego Law Review

This recent case discusses People v. Spriggs (Cal. 1964)

Gideon's Army: Student Soldiers, Henry Paul Monaghan

Faculty Scholarship

Ours is a nation that takes great pride in the manner in which it administers justice to its citizens. To us, "equal justice under law" is not simply hollow rhetoric; it gives expression to some of our most fundamental values, and it proclaims that every man should be treated fairly and equally in the administration of the laws. It is, of course, of no small moment that we hold such an ideal, for a nation invites judgment on how well its performance comports with its professions of faith.

In the administration of our laws there is much to which we …

The Role Of A Trial Jury In Determining The Voluntariness Of A Confession, Michigan Law Review

Michigan Law Review

The Supreme Court of the United States has vigorously implemented the principle that criminal prosecution is an investigative, not an inquisitorial, process. Evidence of guilt must be obtained by methods free from physical or psychological coercion. Protections in the Bill of Rights against illegal search and seizure, self-incrimination, and trial without counsel have been extended to the states through the due process clause of the fourteenth amendment. Safeguards against the admissibility of coerced confessions into evidence have also been instituted. Because a confession practically determines the ultimate question of guilt, the critical standards for· admissibility are frequently challenged on appeal. …

Law And Tactics In Federal Criminal Cases, Edited By George W. Shadoan, David W. Mernitz

Indiana Law Journal

No abstract provided.

Criminal Law And Procedure -- 1963 Tennessee Survey, Robert E. Kendrick

Vanderbilt Law Review

1. Homicide. A number of years ago the Tennessee Supreme Court adopted the common law principle that one is justified in taking life in defense of his habitation when actually or apparently necessary to repel an attempt by another to enter forcibly or violently under circumstances creating a reasonable apprehension that the assailant's design is imminently to commit a felony therein or to assault or offer personal violence or inflict personal injury on an inmate so that there are reasonable grounds for concluding that life is endangered or great bodily harm is threatened thereby.'

Flippen v. State, a homicide case, …

Criminal Law--Declaration Of Mistrial Because Of Absence Of Defendant, John Ralph Lukens

West Virginia Law Review

No abstract provided.

Criminal Law-Reiterated Contempt Of Court, Robert C. Bonges

Michigan Law Review

The defendant was found guilty of criminal contempt of court in a civil proceeding for giving "don't remember" answers, after having been granted immunity from prosecution, to questions concerning his activities, asked during a grand jury investigation of an attempted homicide. For his refusal to testify, the defendant was given the maximum penalty provided for criminal contempt under the applicable statute. After paying the fine and serving the sentence, the defendant was brought before the same grand jury thirty-five days later and was asked the same questions. The defendant repeated the "don't remember" answers and was again fined and incarcerated. …

Federal Criminal Procedure-Subpoena Of Nonresident Citizen As Witness Before Grand Jury, Andre A. Schwartz

Michigan Law Review

Defendant, a nonresident citizen of the United States, was subpoenaed by a federal district court to appear before a grand jury investigating alleged fraud in the procurement of government contracts. Defendant having failed to appear, the district court issued an order directing him to show cause why he should not be held in contempt. On appeal from a judgment holding defendant in contempt, held, reversed, one judge dissenting in part. The power of a federal district court to subpoena a nonresident citizen is limited to the actual trial of a criminal action. United States v. Thompson, 319 F.2d …

Reliable Informers And Corroboration

Washington and Lee Law Review

No abstract provided.

Criminal Law--Insanity And Criminal Responsibility--The Status Of The M'Naughten Plus Irresistible Impulse Test, John Dixon Jr.

Kentucky Law Journal

No abstract provided.

Felony-Murder - Surviving Co-Felons Are Punishable For First Degree Murder Under California Penal Code Section 189 For The Killing Of A Confederate By The Owner Of The Store Which They Were Robbing (People V. Hand, Cal. 1963), Robert C. Baxley

San Diego Law Review

In the process of executing a planned robbery of a store, one of four robbers was killed by the owner. The store had been previously robbed and the owner was waiting for such a recurrence. Held, on demurrer to the indictment, the surviving felons were punishable for first degree murder because the legislature intended this fact situation to be within the purview of section 189 and because of a strong public policy as a deterrent to violent felonies. People v. Hand, Crim. No. 5471, Super. Ct., San Diego (July 22, 1963).

The Rule Of Announcement And Unlawful Entry: Miller V. United States And Ker V. California, G. Robert Blakey

Journal Articles

Mr. Justice Frankfurter, in his classic dissent in United States v. Rabinowitz, pointed out that "the safeguards of liberty have frequently been forged in controversies involving not very nice people." Few cases decided by the Supreme Court since Rabinowitz have better illustrated that observation than Miller v. United States and Ker v. California. This Article will consider the problems posed in the administration of federal criminal justice by the "liberty forged" in these two decisions.

Until the Miller decision in 1958, the Supreme Court had never squarely considered and decided a question of announcement and unlawful entry. It is therefore …

Criminal Law--Disqualification Of Jurors, Fred Adkins

West Virginia Law Review

No abstract provided.

Admissibility Of Fingerprint Evidence And Constitutional Objections To Fingerprinting Raised In Criminal And Civil Cases, Andre A. Moenssens

Chicago-Kent Law Review

No abstract provided.

Comments On Recent Cases, Charles W. Ehrhardt

Scholarly Publications

No abstract provided.

M'Naghten V. Durham, Lee E. Skeel

Cleveland State Law Review

The mental competence of a defendant charged with crime is assumed in most jurisdictions, and the defense of insanity,whereby the defendant's act is claimed not to have been knowingly and purposefully done because of lack of mental capacity,as indicated is an affirmative defense. (In some jurisdictions,where insanity is suggested, the burden of proving mental competence is placed on the State). The issue, no matter on whom the burden of proof is placed, is what state of mental incapacity must be found by the trier of the facts in order to relieve the defendant from the imposition of the penalties under …

Privileges In The Law Of Evidence: The Realities Of Attorney-Client Confidences, Robert Allen Sedler, Joseph J. Simeone

Law Faculty Research Publications

No abstract provided.

Sentencing The Recidivist--An Ethical Dilemma, Theodore Sager Meth

Kentucky Law Journal

No abstract provided.

Criminal Law--Presence Of Accused At Trial, Thomas Edward Mchugh

West Virginia Law Review

No abstract provided.

Abstracts Of Recent Cases, James Kilgore Edmundson Jr.

West Virginia Law Review

No abstract provided.

Procedural Methods For Raising Insanity In Criminal Actions In Virginia

Washington and Lee Law Review

No abstract provided.

Criminal Law And Procedure -- 1960 Tennessee Survey, Robert E. Kendrick

Vanderbilt Law Review

Offenses against the person-(a) Homicide: Parties.-Because of an asserted lack of intention to commit homicide, two persons asked the state supreme court in Eager v. State to reverse their convictions of involuntary manslaughter for allegedly, while intoxicated, killing a pedestrian with an automobile driven by one and directed and aided by the other. In affirming, it would have been enough to dispose of this contention to invoke the statutory provision that "manslaughter is the unlawful killing of another without malice, either express or implied, which may be... involuntary, but in the commission of some unlawful act,"' to call attention to …