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Articles 1261 - 1290 of 1442

Full-Text Articles in Criminal Law

Recent Developments, Various Editors Jan 1969

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.


The Law Of Presumptions: A Look At Confusion, Kentucky Style, Robert G. Lawson Jan 1968

The Law Of Presumptions: A Look At Confusion, Kentucky Style, Robert G. Lawson

Law Faculty Scholarly Articles

Over the years the term “presumption” has been used by virtually all courts to “designate what are more accurately termed inferences or substantive rules of law.” It has also been used as a “loose synonym for presumption of fact, presumption of law, rebuttable presumption, and irrebuttable presumption.” To this list the Kentucky Court of Appeals had added mandatory presumption, presumptive evidence, and prima facie case. Perhaps of more significance than the indiscriminate use of terminology is the extent to which courts have used “presumptions” to describe judicial reasoning of various kinds and to perform chores more appropriate to unrelated procedural …


The Law Whose Life Is Not Logic: Evidence Of Other Crimes In Criminal Cases, James W. Payne Jr. Jan 1968

The Law Whose Life Is Not Logic: Evidence Of Other Crimes In Criminal Cases, James W. Payne Jr.

University of Richmond Law Review

It is not the intention of the author to concentrate on generalizations in this article, but an introductory comment of a general character on this topic seems unavoidable. Assume that D is on trial for the rape of his fourteen-year-old daughter. He elects not to take the witness stand, claiming this right under the Fifth Amendment. (a) Could W, an older daughter, testify that D raped her several times when she was fourteen years old? (b) Could the prosecutor introduce evidence of a conviction of D for raping W when she was fourteen years old-i.e., would the foregoing offer of …


The Consent Problem In Wiretapping & Eavesdropping: Surreptitious Monitoring With The Consent Of A Participant In A Conversation, Kent Greenawalt Jan 1968

The Consent Problem In Wiretapping & Eavesdropping: Surreptitious Monitoring With The Consent Of A Participant In A Conversation, Kent Greenawalt

Faculty Scholarship

The extent to which American society should permit wiretapping and electronic eavesdropping has been considered by judges, legislators and scholars for many years, although this consideration has yet to result in legal rules that respond rationally and consistently to the conflicting demands of privacy and effective law enforcement. Constitutional analysis has, until very recently, relied on concepts like "physical invasion of a constitutionally protected area," producing distinctions with little relation to underlying social values; statutory restrictions on wiretapping have been much more severe than those imposed on eavesdropping, though the latter, particularly in light of the rapidly developing technology, poses …


Criminal Law-Confessions-Admission Of Illegally Obtained Confession In State Criminal Prosecution Is Harmless Error Not Requiring Reversal Of Conviction--People V. Jacobson, Michigan Law Review Jan 1967

Criminal Law-Confessions-Admission Of Illegally Obtained Confession In State Criminal Prosecution Is Harmless Error Not Requiring Reversal Of Conviction--People V. Jacobson, Michigan Law Review

Michigan Law Review

Defendant voluntarily admitted that he had murdered his daughter to a social worker, two ambulance attendants, and three police officers sent to investigate the incident. He continued to declare his guilt to these officers after his arrest, on the way to the police station, and at the police station where he was interrogated without the benefit of counsel although he had not waived his right to counsel. All of the confessions-approximately ten-were admitted in evidence at the defendant's trial over his objection that the two confessions obtained during the interrogation should have been excluded since he had been denied his …


Recent Cases Jan 1967

Recent Cases

University of Richmond Law Review

This is a summary of the case law from 1967.


Criminal Law--Use Of Injunctive Proceedings To Suppress Evidence, Ellen Fairfax Warder Apr 1966

Criminal Law--Use Of Injunctive Proceedings To Suppress Evidence, Ellen Fairfax Warder

West Virginia Law Review

No abstract provided.


Comments And Casenotes: To Kill A Mockingbird - Star Decisis And M'Naghten In Maryland, Kenneth Lasson Apr 1966

Comments And Casenotes: To Kill A Mockingbird - Star Decisis And M'Naghten In Maryland, Kenneth Lasson

All Faculty Scholarship

There are certain pillars of jurisprudence which, despite the erosive elements of time and progress, remain sacred. After more than a century of judicial dialogue the venerable M'Naghten Rule survives as the prevailing test to determine criminal responsibility. The rule states: "To establish a defense on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or if he did know …


The Admissibility Of Photographs Of The Corpse In Homicide Cases, Stanley L. Morris Jan 1966

The Admissibility Of Photographs Of The Corpse In Homicide Cases, Stanley L. Morris

William & Mary Law Review

No abstract provided.


Proof By Confession, O. John Rogge Jan 1966

Proof By Confession, O. John Rogge

Villanova Law Review (1956 - )

No abstract provided.


Constitutional Ramifications Of The Police Lineup, Thomas Edward Byrne, Marc B. Kaplin, Walter John Taggart Jan 1966

Constitutional Ramifications Of The Police Lineup, Thomas Edward Byrne, Marc B. Kaplin, Walter John Taggart

Villanova Law Review (1956 - )

No abstract provided.


Extrajudicial Criminal Confessions In Indiana: Changes In The Law Of Admissibility Oct 1965

Extrajudicial Criminal Confessions In Indiana: Changes In The Law Of Admissibility

Indiana Law Journal

No abstract provided.


Abstracts Of Recent Cases, Ralph Judy Bean Jr. Jun 1965

Abstracts Of Recent Cases, Ralph Judy Bean Jr.

West Virginia Law Review

No abstract provided.


Grand Jury Secrecy, Richard M. Calkins Jan 1965

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 …


Criminal Law--Admissibility On Criminal Courts Of Evidence Derived From Inadmissible Juvenile Confessions, Lester Clay Hess Jr. Dec 1964

Criminal Law--Admissibility On Criminal Courts Of Evidence Derived From Inadmissible Juvenile Confessions, Lester Clay Hess Jr.

West Virginia Law Review

No abstract provided.


Kariti V. Attorney General, Zvi Berinson, Eliyahu Manny, Binyamin Halevy Jun 1964

Kariti V. Attorney General, Zvi Berinson, Eliyahu Manny, Binyamin Halevy

Translated Opinions

The appellant was charged on five counts of incorrect capital and income returns over some three years. One count was struck out by mutual consent. He was convicted by the Magistrate's Court on two counts and acquitted of the remaining two. On appeal to the District Court he was acquitted of a further count. Affirmation of his conviction on the remaining count was vaguely attributed to one of two years or both of them and the charge was amended accordingly and in the result the struck out count was revived. The appellant pleaded on appeal that in convicting him the …


Criminal Law-Aiding And Abeiting-Criminal Liablity For Knowingly Furnishing Racing Results To Bookmakers, John H. Blish Apr 1964

Criminal Law-Aiding And Abeiting-Criminal Liablity For Knowingly Furnishing Racing Results To Bookmakers, John H. Blish

Michigan Law Review

Appellant, who received a weekly salary for distributing horse-racing results by telephone to some twenty bookmakers, was convicted of aiding and abetting bookmaking activities in violation of section 986 of the New York Penal Law. He admitted knowing that the information would be used by his employer's customers in violation of section 986, but no actual evidence of bookmaking was presented to the court. On appeal, held, reversed, one judge dissenting. Knowingly transmitting racing results to bookmaking establishments by telephone does not, without proof of acceptance of bets on a professional basis, constitute aiding and abetting bookmaking in violation …


Reliable Informers And Corroboration Mar 1964

Reliable Informers And Corroboration

Washington and Lee Law Review

No abstract provided.


Evidence And Criminal Law--Admission By Silence, Charles David Mcmunn Feb 1964

Evidence And Criminal Law--Admission By Silence, Charles David Mcmunn

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 Oct 1963

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.


Blood Test Results-Their Admissibility To Show A Decedent's Intoxication, Daniel E. Johnson Jul 1963

Blood Test Results-Their Admissibility To Show A Decedent's Intoxication, Daniel E. Johnson

Indiana Law Journal

No abstract provided.


Corroboration Of Accomplice Testimony In Federal Criminal Cases, Lester B. Orfield Jan 1963

Corroboration Of Accomplice Testimony In Federal Criminal Cases, Lester B. Orfield

Villanova Law Review (1956 - )

No abstract provided.


Privileges In The Law Of Evidence: The Realities Of Attorney-Client Confidences, Robert Allen Sedler, Joseph J. Simeone Jan 1963

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.


Betts V. Brady Twenty Years Later: The Right To Counself And Due Process Values, Yale Kamisar Dec 1962

Betts V. Brady Twenty Years Later: The Right To Counself And Due Process Values, Yale Kamisar

Michigan Law Review

I am quite distressed by talk that the landmark case of Mapp v. Ohio "suggests by analogy" that the Court may now overrule Betts v. Brady. For whether one talks about the fourth or the sixth amendment, there is much to be said for Justice Harlan's dissenting views in Mapp. "[W]hatever configurations ... have been developed in the particularizing federal precedents" should not be "deemed a part of 'ordered liberty,' and as such ... enforceable against the States .... [W]e would not be true to the Fourteenth Amendment were we merely to stretch the general principle [ of …


State Criminal Confession Cases: Subsequent Developments In Cases Reversed By U.S. Supreme Court And Some Current Problems, Wilfred J. Ritz Sep 1962

State Criminal Confession Cases: Subsequent Developments In Cases Reversed By U.S. Supreme Court And Some Current Problems, Wilfred J. Ritz

Washington and Lee Law Review

No abstract provided.


The Dilemma Of The Directed Acquittal, Richard H. Winningham Jun 1962

The Dilemma Of The Directed Acquittal, Richard H. Winningham

Vanderbilt Law Review

Some of the worst abuses of state criminal due process, the author believes, result from anachronistic and artificial restraints which prevent the trial judge from directing acquittals. Therefore,he advocates for all states a uniform policy and practice recognizing and authorizing directed acquittals where the evidence is legally insufficient to support a conviction.


Twenty-Five Years Of State Criminal Confession Cases In The U. S. Supreme Court, Wilfred J. Ritz Mar 1962

Twenty-Five Years Of State Criminal Confession Cases In The U. S. Supreme Court, Wilfred J. Ritz

Washington and Lee Law Review

No abstract provided.


Evidence - Criminal Insanity - Psychologist's Diagnosis Regarding Mental Disease Or Defect Admissible On Issue Of Insanity, C. Clark Hodgson Jr. Jan 1962

Evidence - Criminal Insanity - Psychologist's Diagnosis Regarding Mental Disease Or Defect Admissible On Issue Of Insanity, C. Clark Hodgson Jr.

Villanova Law Review (1956 - )

No abstract provided.


Abstracts Of Recent Cases, James Kilgore Edmundson Jr. Dec 1961

Abstracts Of Recent Cases, James Kilgore Edmundson Jr.

West Virginia Law Review

No abstract provided.


The Theory Of Criminal Discovery And The Practice Of Criminal Law, David W. Louisell Jun 1961

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 …