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Articles 1081 - 1110 of 1135

Full-Text Articles in Criminal Law

Criminal Law Revision In Delaware And Hawaii, Frank B. Baldwin Iii Jan 1971

Criminal Law Revision In Delaware And Hawaii, Frank B. Baldwin Iii

University of Michigan Journal of Law Reform

Criminal law revision has not been limited to the largest states, which have greater resources and legal facilities, but has also occurred in Delaware and Hawaii, states which have relatively small numbers of legal practitioners, no local school of law, and relatively small populations. In both states, criminal law revision efforts were quite similar, in that an early decision was made to rely heavily on published revised codes of other jurisdictions and on the Model Penal Code, rather than undertaking an extensive initial study and preparing a unique code. The following article will compare the criminal law revision projects in …


Title Iii - Recalcitrant Witnesses, Jeffrey J. Greenbaum Jan 1971

Title Iii - Recalcitrant Witnesses, Jeffrey J. Greenbaum

University of Michigan Journal of Law Reform

This title represents a congressional attempt to codify the court-developed civil contempt practice. When a witness is granted immunity and still refuses to answer the question presented to him he can be ordered by a court to answer the specific question. Upon his continued refusal, a court can have him confined summarily until he complies with such order, or until he is no longer able to comply. Such confinement is not intended to be punitive in nature, but rather to coerce compliance with the court's order by imposing imprisonment as an alternative to answering the question. The witness will be …


Title Vi - Depositions, Peter A. Kelly Jan 1971

Title Vi - Depositions, Peter A. Kelly

University of Michigan Journal of Law Reform

Title VI expands Rule 15 of the Federal Rules of Criminal Procedure to permit the Government to depose its witnesses in certain limited classes of cases. Previously only the defendant had been accorded this right. Upon the motion of either party at any time after a criminal indictment or information has been filed, the court may order that the testimony of the party's witnesses be taken by deposition if "due to exceptional circumstances it is in the interest of justice" that such testimony be taken and preserved. Such exceptional circumstances were intended by Congress to include the existence of a …


Title Vii - Litigation Concerning Sources Of Evidence, Peter A. Kelly Jan 1971

Title Vii - Litigation Concerning Sources Of Evidence, Peter A. Kelly

University of Michigan Journal of Law Reform

There are two operative provisions of title VII, both of which mitigate previous judicially imposed restrictions on governmental collection and presentation of evidence in "any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, or other authority of the United States.” The first purports to set aside the Supreme Court's holding in the 1968 case of Alderman v. United States, in which the Court held that, in cases involving unlawful electronic surveillance, the government must make full disclosure to the defendant of all records in its possession which contain any of …


Title Viii - Gambling And Organized Crime, Richard Levy Jan 1971

Title Viii - Gambling And Organized Crime, Richard Levy

University of Michigan Journal of Law Reform

With these words, President Richard Nixon underscored the dangers presented by organized crime's use of gambling. The proceeds of such syndicated gambling activities are universally acknowledged to be the financial lifeblood of organized crime. With the capital initially obtained from illicit gambling, organized crime operatives are able to bribe government officials, make political contributions, engage in loan sharking operations, infiltrate and contaminate legitimate businesses, and hire the vast number of attorneys, accountants and other professionals necessary to the success of the operation. In an effort to launch a frontal attack on syndicated gambling throughout the United States, Congress enacted title …


The Secret Foreign Bank Account And Legitimate Alternatives, Charles W. Adams Jan 1971

The Secret Foreign Bank Account And Legitimate Alternatives, Charles W. Adams

Articles, Chapters in Books and Other Contributions to Scholarly Works

The author, a member of the California State Bar and consultant, Euro-Dutch Trust Company, George Town, Grand Cayman, B. W. I., labels the use of the secret foreign bank account "foolish and lazy." He suggests that the taxpayer can reduce his tax bite through tax deferral planning, an area in which legislation has been continued and expanded.


Legislation—Child Protection Proceedings Under Article 10 Of The New York Family Court Act, Peter P. Insero Jr. Jan 1971

Legislation—Child Protection Proceedings Under Article 10 Of The New York Family Court Act, Peter P. Insero Jr.

Buffalo Law Review

No abstract provided.


Symposium: Recondification Of The Criminal Laws, Francis A. Allen Jan 1971

Symposium: Recondification Of The Criminal Laws, Francis A. Allen

University of Michigan Journal of Law Reform

The revision of American criminal legislation, both state and federal, has been for many years one of the most insistently required tasks of law reform. Even yet its urgency and importance are not fully realized. There are, however, signs that a genuine movement toward rethinking and restating our criminal jurisprudence is under way. This Symposium seeks to give encouragement and guidance to the revision movement by collecting relevant experience and reflections from a few of those who participated in pioneering ventures in criminal law codification.


Reflection On The Law Reforming Process, Sanford J. Fox Jan 1971

Reflection On The Law Reforming Process, Sanford J. Fox

University of Michigan Journal of Law Reform

This paper is based on three experiences as draftsman or reporter in penal law legislation projects. The first such experience was as sole draftsman for a New Hampshire criminal code, an undertaking commenced in November 1967, which produced a proposed code in April 1969. I am continuing this activity at the present time as assistant to a committee of the New Hampshire legislature that is currently holding hearings on the proposal in preparation for reporting out a criminal code bill this spring. Since work on the New Hampshire code represents the most extensive experience, it is the basis for most …


Organized Crime Control Act Of 1970: Introduction, J. Brian Williams Jan 1971

Organized Crime Control Act Of 1970: Introduction, J. Brian Williams

University of Michigan Journal of Law Reform

The purpose of the Organized Crime Control Act of 1970 is to facilitate the eventual eradication of organized crime in the United States, by strengthening the evidence-gathering process, by adopting new penal prohibitions, and by creating increased sanctions and numerous remedies to deal with unlawful activities. The primary thrust of the Act is aimed at three areas: the investigation of organized crime; the punishment of organized crime; and the examination of existing laws to determine their effectiveness in dealing with organized crime.


Title I - Special Grand Jury, Jeffrey J. Greenbaum Jan 1971

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 …


Title Ii - General Immunity, Jeffrey J. Greenbaum Jan 1971

Title Ii - General Immunity, Jeffrey J. Greenbaum

University of Michigan Journal of Law Reform

This title repeals or conforms the over fifty existing federal immunity statutes and establishes a uniform federal immunity statute to apply to proceedings before or ancillary to a court, grand jury, or agency of the United States, either house of Congress, or its joint committees, committees or subcommittees. The scope of immunity granted protects a witness from the use of his testimony or its fruits in a future criminal prosecution, but does not protect him from prosecution itself. This reflects a positive decision by Congress that the fifth amendment self-incrimination clause only requires a grant of what has been referred …


Title Iv - False Declarations, Jeffrey J. Greenbaum Jan 1971

Title Iv - False Declarations, Jeffrey J. Greenbaum

University of Michigan Journal of Law Reform

Title IV was designed to facilitate the bringing of federal perjury prosecutions, thereby strengthening the deterrent value of the perjury penalties and acting as a greater incentive for truthful testimony. It establishes a new false declarations statute applicable to court and grand jury proceedings, with maximum penalty slightly increased over that allowable under the previously controlling perjury statute.


Title X - Dangerous Special Offender Sentencing, Richard Levy Jan 1971

Title X - Dangerous Special Offender Sentencing, Richard Levy

University of Michigan Journal of Law Reform

Undoubtedly the most controversial new provision in the Organized Crime Control Act of 1970 is title X. Title X authorizes a federal prosecuting attorney to notify the defendant and the court before trial that the defendant, if found guilty of the felony on which he is being tried, is in the prosecutor's opinion also subject to the dangerous special offender provisions embodied in the title. Should the defendant be judged guilty of the felony, he then will fall subject to an additional penalty beyond that received for the conviction if the judge finds that he qualifies as one of three …


Title Ix - Racketeer Influenced And Corrupt Organizations, Richard Levy Jan 1971

Title Ix - Racketeer Influenced And Corrupt Organizations, Richard Levy

University of Michigan Journal of Law Reform

Organized crime's penetration of legitimate business has long been a major congressional concern. Although the means employed to effect such penetration may vary, the result remains constant; organized crime is provided with additional economic power and a facade of legitimacy behind which it can more easily spread its influence and pursue its goals. At the same time, organized crime's monopolistic tendencies, furthered by its use of various forms of coercion, pose a serious threat to free trade and lawful ownership. Prior law proved inadequate in curtailing these abuses. Federal law was piecemeal and not designed to meet the challenge of …


Drafting A New Penal Law For New York, Herman Schwartz, Richard Denzer, Jerome Skolnick Jan 1969

Drafting A New Penal Law For New York, Herman Schwartz, Richard Denzer, Jerome Skolnick

Buffalo Law Review

No abstract provided.


Criminal Law Revision Through A Legislative Commission: The New York Experience, Herman Schwartz, Richard Bartlett Jan 1969

Criminal Law Revision Through A Legislative Commission: The New York Experience, Herman Schwartz, Richard Bartlett

Buffalo Law Review

No abstract provided.


Implied Consent-Highway Safety, William Douglass Goodwin Jun 1968

Implied Consent-Highway Safety, William Douglass Goodwin

West Virginia Law Review

No abstract provided.


Silving: Constituent Elements Of Crime, B. J. George Jr. Jun 1968

Silving: Constituent Elements Of Crime, B. J. George Jr.

Michigan Law Review

A Book Review of Constituent Elements of Crime by Helen Silving


A Reasoned Approach To The Reform Of Sex Offense Legislation, Ronald B. Schram Apr 1968

A Reasoned Approach To The Reform Of Sex Offense Legislation, Ronald B. Schram

University of Michigan Journal of Law Reform

Currently there is a widespread movement toward the revision of state criminal codes. The goals of such an undertaking are varied: (1) to reduce the size of the criminal law by eliminating inconsistent, overlapping, or obsolete provisions; (2) to phrase the prohibitions in clear and concise language; (3) to introduce more modern approaches to the definition and treatment of criminal offenses; and (4) to harmonize the penalty imposed for a particular act with the severity of the act and the penalty for other acts. This paper will concentrate on sex offenses in an attempt to understand the legislative process of …


Survey Of Abortion Reform Legislation, Anon Mar 1968

Survey Of Abortion Reform Legislation, Anon

Washington Law Review

Abortion statutes seek two ends: 1) a definition of the crime of abortion and 2) the creation of a procedure for implementing the statute definition. Definition is accomplished by declaring purposeful miscarriage unlawful except in certain generalized situations. The procedure then designates who determines when an excepting situation exists. Therefore, the decision to terminate a pregnancy raises two issues—who shall make the decision and on what bases. This note will examine the impact of recent abortion reform legislation on these issues


Survey Of Abortion Reform Legislation, Anon Mar 1968

Survey Of Abortion Reform Legislation, Anon

Washington Law Review

Abortion statutes seek two ends: 1) a definition of the crime of abortion and 2) the creation of a procedure for implementing the statute definition. Definition is accomplished by declaring purposeful miscarriage unlawful except in certain generalized situations. The procedure then designates who determines when an excepting situation exists. Therefore, the decision to terminate a pregnancy raises two issues—who shall make the decision and on what bases. This note will examine the impact of recent abortion reform legislation on these issues


The Process Of Penal Law Reform—A Look At The Proposed Michigan Revised Criminal Code, Jerold H. Israel Jan 1968

The Process Of Penal Law Reform—A Look At The Proposed Michigan Revised Criminal Code, Jerold H. Israel

Articles

T HE subject of this symposium, the proposed Michigan Revised Criminal Code (Proposed Code),' is the product of a three-year study by a Joint Committee of the State Bar. The study was undertaken pursuant to a 1964 resolution of the State Bar Commissioners calling for a "complete revision of the criminal code to redefine crimes and penalties."'2 The Joint Committee is an extraordinarily large group, being composed of members of both the standing Criminal Jurisprudence Committee and the Special Code Revision Committee.' Its membership reflects great diversity in viewpoint and professional interests, including not only prosecutors, defense attorneys and judges, …


Film Censorship: The American And British Experience, Robert J. Klein Jan 1967

Film Censorship: The American And British Experience, Robert J. Klein

Villanova Law Review (1956 - )

No abstract provided.


Post Conviction Problems And The Defective Delinquent, Miriam L. Gafni, Barney B. Welsh Jan 1967

Post Conviction Problems And The Defective Delinquent, Miriam L. Gafni, Barney B. Welsh

Villanova Law Review (1956 - )

No abstract provided.


Extraterritorial Application Of Penal Legislation, B. J. George Jr. Feb 1966

Extraterritorial Application Of Penal Legislation, B. J. George Jr.

Michigan Law Review

One of the most difficult words in the legal lexicon to delineate is the term "jurisdiction"; it is equally difficult to relate this term to the concept of "venue." The term "jurisdiction" is constantly invoked by courts in a variety of contexts, some relating to geography, some to governmental and judicial structure, some to legislative or judicial power, some to persons, and some to procedures. Thus, it is difficult to discern a common thread of meaning or a consistent pattern of application from the cases in which the word appears.


Recent Developments, Various Editors Jan 1966

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.


The Resistance Standard In Rape Legislation, Roger B. Dworkin Jan 1966

The Resistance Standard In Rape Legislation, Roger B. Dworkin

Articles by Maurer Faculty

No abstract provided.


Model Defense Of Needy Persons Act, Reed Dickerson Jan 1966

Model Defense Of Needy Persons Act, Reed Dickerson

Articles by Maurer Faculty

Recent decisions of the Supreme Court have expanded the duty of the states to provide counsel for defendants in criminal cases. The following statute seeks to set up a workable system of assuring the accused the assistance of counsel early in the proceedings against him and, if necessary, at no cost.


Criminal Law Legislation And Legal Scholarship, Fred Cohen Mar 1964

Criminal Law Legislation And Legal Scholarship, Fred Cohen

Journal of Legal Education

No abstract provided.