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Articles 481 - 510 of 636
Full-Text Articles in Criminal Law
Criminal Law And Procedure - Evidence - Presumptions
Criminal Law And Procedure - Evidence - Presumptions
Michigan Law Review
The Alien Land Law of California forbids the acquisition of real property for agricultural purposes by aliens ineligible to citizenship; amendment 9b provides that proof of the acquisition of land by the defendant and of his being a member of a race ineligible to United States citizenship raises the presumption of ineligibility to citizenship against the defendant, and the burden is on him to show citizenship or eligibility thereto. Defendants, an American and a Japanese, were indicted for conspiracy to violate the act. No evidence as to the birthplace of the Japanese was adduced by either side, and both were …
Criminal Law And Procedure - Indictment And Information - Sufficiency Of Allegation
Criminal Law And Procedure - Indictment And Information - Sufficiency Of Allegation
Michigan Law Review
An indictment under section 215 of the Criminal Code of the United States charged the appellant with devising a scheme to defraud and to obtain money under false pretences from certain named persons ( the scheme is fully set out and certain representations alleged) and with causing, for the purpose of executing said scheme, "a certain letter" to a named individual to be delivered by United States mail. The defendant promptly filed a motion to quash the indictment on the ground that it was not sufficiently informative of the offense. Held, without discussion, that the indictment was sufficient. Johnson …
Criminal Law In Russia, Pendelton Howard
Criminal Law In Russia, Pendelton Howard
Michigan Law Review
A Review of SOVIET ADMINISTRATION OF CRIMINAL LAW. By Judah Zelitch.
Evidence-Corroboration In Criminal Cases
Evidence-Corroboration In Criminal Cases
Michigan Law Review
On the night of September 12, 1931, Mrs. Thalia Massie, while walking unescorted along a road near Honolulu, was forced into a car, taken to a lonely spot, and attacked by five young men. The five alleged attackers were placed on trial for rape. The jury was unable to reach a verdict and a mistrial was declared.
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 …
Crimes-Larceny-By Wife From Husband
Crimes-Larceny-By Wife From Husband
Michigan Law Review
A wife was convicted of larceny of her husband's property. Upon appeal from an order denying a new trial, held that the order be reversed: The Married Woman's Act, reading, "every married woman shall receive the same protection of all her rights as a woman which her husband does as a man," does not so change the common law unity of spouses that a wife stealing from her husband is included under the comprehensive terms of the larceny statute. State v. Arnold, 182 Minn. 313, 235 N.W. 373 (1931).
Criminal Jurisdiction And The Territorial Principle, Wendell Berge
Criminal Jurisdiction And The Territorial Principle, Wendell Berge
Michigan Law Review
The authority of legislatures and courts in criminal matters is supposed to be circumscribed by the territorial boundaries of the state. That as a general proposition the criminal law of a state has no extraterritorial operation, few lawyers would question. But an uncritical acceptance of the proposition is not warranted. Merely to assert that the authority of a state over crime ends at its territorial boundaries is of no help in settling jurisdictional questions in complicated crime situations in which the constituent acts of the crime occur in different states. Modern criminals have little concern for political boundaries except as …
Crimes - Burglary - Structures Subject To
Crimes - Burglary - Structures Subject To
Michigan Law Review
The defendant broke and entered a frame poultry house. Held, the indictment for burglary was sufficient under the statute denouncing the breaking and entering of uninhabited dwelling houses or other buildings. Stover v. State, 37 Ohio App. 213, 174 N.E. 613 (1930).
Crimes-Withdrawal Of A Plea Of Guilty
Crimes-Withdrawal Of A Plea Of Guilty
Michigan Law Review
Defendant was charged with the violation of the prohibition law, to which he pleaded guilty. About two months after this plea was in, he filed a motion to withdraw it, and substituted one of not guilty. In support of this motion he set up that he had not been advised of his constitutional rights to have counsel; that the arresting officers told him the case would be heard in a federal court, and his punishment would be light; and that he was unaware of the liquor being in his car (which claim was subsequently disproved by the evidence). The motion …
Reports Of The National Commission On Law Observance And Enforcement
Reports Of The National Commission On Law Observance And Enforcement
Michigan Law Review
The article section of this issue of the Law Review is devoted to a consideration of the work of the National Commission on Law Observance and Enforcement, commonly called the Wickersham Commission.
Preliminary Report On Observance And Enforcement Of Prohibition And The Report Supplemental Thereto, Edson R. Sunderland
Preliminary Report On Observance And Enforcement Of Prohibition And The Report Supplemental Thereto, Edson R. Sunderland
Michigan Law Review
The Commission on Law Observance and Enforcement was organized on May 28, 1929. Within six months it issued a Preliminary Report on Observance and Enforcement of Prohibition, under date of November 21, 1929, and shortly thereafter issued a Report supplemental thereto.
Report On The Causes Of Crime, Kenneth Sears
Report On The Causes Of Crime, Kenneth Sears
Michigan Law Review
The Report of the Commission, together with a number of special reports of individuals and groups concerning various features of the problem of the causes of crime, is in two large volumes of about four hundred pages each.
Report On Crime And The Foreign Born, Joseph Cohen
Report On Crime And The Foreign Born, Joseph Cohen
Michigan Law Review
That the foreign born, more than the native born, tend to run afoul of the law, especially with respect to the more serious offenses, is a popular doctrine which critical opinion in the field of criminology has long been inclined either to qualify as to essential details or to contradict in toto. Twenty years back the Federal Immigration Commission reported that all the evidence then available indicated a lesser criminality on the part of the immigrant group as a whole. Succeeding studies have supported this conclusion. That an adverse view of the foreign born should persist in the face of …
Report On The Child Offender In The Federal System Of Justice, Fred R. Johnson
Report On The Child Offender In The Federal System Of Justice, Fred R. Johnson
Michigan Law Review
The Report concerning child offenders in the federal system of justice is a joint report for the National Commission on Law Observance and Enforcement and the White House Conference on Child Health and Protection. The study on which the report is based was conducted by Dr. Miriam van Waters, for many years the referee of the Juvenile Court of Los Angeles. Her choice to direct this study is to be commended. Not only was she in intimate contact with children who were offenders in California, but her experience in varied capacities has made her familiar with juvenile delinquency and its …
Report On The Enforcement Of The Prohibition Laws Of The United States, Albert E. Sawyer
Report On The Enforcement Of The Prohibition Laws Of The United States, Albert E. Sawyer
Michigan Law Review
An attempt will be made in this comment to state the important points in the Report, and to bring together the scattered references to the various groups of information contained in the third collection now being printed by the Senate and to outline very briefly in an appendix the principal relationships between this and the Commission's report. This last is offered in the hope that it may stimulate interest in a closer analysis of this mass of very useful information which might otherwise suffer neglect, not only because of its bulk, but also because of its lack of organization.
Report On Prosecution, Rollin M. Perkins
Report On Prosecution, Rollin M. Perkins
Michigan Law Review
The logical starting point was the discovery and restatement of existing knowledge and information on these subjects, and because of the tremendous mass of material which has appeared in the form of surveys and reports within the last decade and a half, it was deemed wise to enlist the services of an expert in such matters. The analysis which he has produced, let it be added, amply justifies the Commission in his selection.
Report On The Cost Of Crime, Herbert F, Taggart
Report On The Cost Of Crime, Herbert F, Taggart
Michigan Law Review
The full title of the twelfth report of the National Commission on Law Observance and Enforcement is "Report on the Cost of Crime and Criminal Justice in the United States." A more descriptive title, suggested by the actual content of the report, would be "The Economic Consequences of Crime." The report constitutes a volume of 657 pages, of which the report proper covers 453 pages, and various appendices make up the balance. For the hasty reader the most essential parts are the first eight pages, constituting the Commission's comments, and the summary and recommendations, of Messrs. Goldthwaite H. Dorr and …
Succession By Murderer-Applicability Of Constructive Trust
Succession By Murderer-Applicability Of Constructive Trust
Michigan Law Review
There do not seem to have been any decided cases in the early common law on the question whether a murderer could succeed to the title to property left by his victim, or derive any benefit from his crime. By the civil law the legal title passed to the criminal, and was afterwards confiscated by the state. What may be said to be the modem rule is not so definitely determined, The numerical majority of cases, beginning with the first case to be decided on the exact question in 1888, have held that he could not succeed. But the decisions …
Review: The Law Of Insanity. By George A. Smoot, Arthur Evans Wood
Review: The Law Of Insanity. By George A. Smoot, Arthur Evans Wood
Michigan Law Review
A Review of THE LAW OF INSANITY. By George A. Smoot
Crimes-Mistake Of Facts Of A Defense
Crimes-Mistake Of Facts Of A Defense
Michigan Law Review
The defendant was convicted of bigamy under the usual statute (in this case, Fla. Comp, L., 1927, secs. 7559-7660) punishing as bigamous any person remarrying while the former spouse was still living, unless that spouse had been absent three years, the party remarrying not knowing the other to be alive during that time, or unless a legal divorce had been granted. The defense was, that as the defendant's first wife had told him and others that she had secured a divorce and had remarried, and had introduced to him her second husband, he honestly believed her. It was held, …
Crimes-Sentence-Suspension Of Execution
Crimes-Sentence-Suspension Of Execution
Michigan Law Review
The defendant pleaded guilty to an indictment for larceny. He was fined and sentenced to imprisonment for a period of thirty days. Both fine and sentence were conditionally suspended. At a subsequent term, the court, finding that the condition had been violated, ordered the execution of the sentence. Held, that although a court has no power to suspend the execution of a sentence, by making the conditional order of suspension the power later to enforce its judgment was lost. Ex parte Steinmetz (Ohio App. 1930) 172 N.E. 623.
Review: Criminology. By Fred E. Haynes, Arthur Evans Wood
Review: Criminology. By Fred E. Haynes, Arthur Evans Wood
Michigan Law Review
A Review of CRIMINOLOGY. By Fred E. Haynes
Evidence-Other Crimes
Michigan Law Review
Judging from the number of opinions handed down in 1930 involving evidence of other crimes committed by the defendant, the modem criminal trial is not complete without some attempt to introduce evidence of this sort.
Some Inadequacies In The Law Of Arrest, John Barker Waite
Some Inadequacies In The Law Of Arrest, John Barker Waite
Michigan Law Review
Suppose that a farmer whose orchard borders the highway happens on the spot in time to see a truck, with the license tag of a foreign state, conveniently parked while the driver loads it with apples which he picks from the farmer's trees. What can the farmer-owner do in respect to the situation?
Crimes-Former Jeopardy-Prosecution In Two Counties For A Continuous Act
Crimes-Former Jeopardy-Prosecution In Two Counties For A Continuous Act
Michigan Law Review
Defendants transported liquor by a single, uninterrupted act from A county to B county in the same state. Having been convicted and fined in B county for the transportation within its boundaries, they were later indicted in A county for that part of the transportation which took place in that territory. A plea of former jeopardy was sustained by the trial judge, and on appeal this holding was affirmed by a divided court, which held, the act constituted a single offense, punishable in either county, but not in both. State v. Shimman et al. (Ohio, 1930) 172 N.E. 367.
Crimes - Venue- Non-Support, Abandonment, And Desertion
Crimes - Venue- Non-Support, Abandonment, And Desertion
Michigan Law Review
Defendant was divorced by his wife in A county in 1926. In 1929, defendant was indicted for non-support of his children, in B county, where his former wife and the children had maintained their home since the divorce. An objection to the venue was raised by the defense, on the ground that, if a crime was committed, it was consummated in A county, where defendant had been living during the time he was charged with non-support. Held, that "the venue of non-support is where that support should be rendered." State v. Anderson (Or. 1930) 290 Pac. 1904
Crimes--Acts Done In Commision Of Felony-Common Design
Crimes--Acts Done In Commision Of Felony-Common Design
Michigan Law Review
A group of rioting convicts freed the defendants from their cells in Auburn Prison. The defendants joined in a demand on the prison authorities for liberty to leave the prison safely, and in a threat, in case of resistance to their efforts and demands, to kill the warden and seven guards, who had been captured and disarmed and were held as hostages. The prison authorities adopted a ruse. They permitted the convicts to go into the guard room with the captured personnel, where gas bombs were then discharged. Six to a score of shots were fired, all coming, according to …
Crimes-Reasonable Doubt-Necessity Of Defining-Definition
Crimes-Reasonable Doubt-Necessity Of Defining-Definition
Michigan Law Review
In a criminal case, the defendant requested an instruction defining the term "reasonable doubt." The court refused the request and the defendant excepted. Held, the instruction should have been given. State v. Vukich (Wash. 1930) 290 Pac. 992.
Criminal Law-Prosecution For Poisoning Not Resulting In Fatality
Criminal Law-Prosecution For Poisoning Not Resulting In Fatality
Michigan Law Review
In considering the question of criminal liability for poisoning not resulting in death, the problem may be discussed to best advantage by making the following four-fold classification: (1) administering with intent to kill, (2) attempt to administer with intent to kill, (3) administering with intent to injure, and (4) attempt to administer with intent to injure.
The Criminal's Right Of Privacy
The Criminal's Right Of Privacy
Michigan Law Review
The dissent of Mr. Justice Brandeis in the famed wire tapping case has been of especial interest to those who are acquainted with his article in the Harvard Law Review in 1890 on "The Right of Privacy." The law has witnessed few more fascinating developments than the engrafting of this latter concept into the formula of justice, few more conspicuous examples of creative juristic effort. Concerning it Dean Pound has said: "What may almost be called the classical example (of creative activity) is the paper on the Right of Privacy in which Mr. Justice Brandeis, then at the bar, was …