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Crimes

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Articles 211 - 240 of 240

Full-Text Articles in Criminal Law

Parent-Child Incest: Proof At Trial Without Testimony In Court By The Victim, Dustin P. Ordway Oct 1981

Parent-Child Incest: Proof At Trial Without Testimony In Court By The Victim, Dustin P. Ordway

University of Michigan Journal of Law Reform

This Note argues that the incest victim should not testify personally at trial. Rather, the child's testimony should be replaced with tape-recorded pretrial examinations of the victim by an expert, supplemented by the in-court testimony of the examining expert. Part I discusses how the present system of requiring in-court testimony by the victim harms the child, fails to correct the incest problem, and produces unreliable evidence. Part II outlines and discusses the merits of the proposed reform. Part ill examines the proposed reform in light of the defendant's constitutional rights to due process and to confront witnesses against him. The …

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Social Research And The Use Of Medieval Criminal Records, Edward Powell Mar 1981

Social Research And The Use Of Medieval Criminal Records, Edward Powell

Michigan Law Review

A Review of Society and Homicide in Thirteenth-Century England by James Buchanan Given, and Crime and Conflict in English Communities, 1300-1348 by Barbara A. Hanawalt

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Vicious Circles: The Mafia In The Marketplace, Michigan Law Review Mar 1981

Vicious Circles: The Mafia In The Marketplace, Michigan Law Review

Michigan Law Review

A Review of Vicious Circles: The Mafia in the Marketplace by Jonathan Kwitny

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The Practice Of Extradition From Antiquity To Modern France And The United States: A Brief History, Christopher L. Blakesley Jan 1981

The Practice Of Extradition From Antiquity To Modern France And The United States: A Brief History, Christopher L. Blakesley

Scholarly Works

In order to understand the perceptions of extradition’s function and purpose in modern France and the United States, it is important to consider the evolution of thought regarding extradition. This article will focus on the history of extradition law as it has influenced contemporary law in the United States and France. The purpose of the article is to provide insight into the development of the “modern” extradition. Although the process has not always been executed by use of a treaty agreement, treaty authorized extraditions have existed since antiquity. Moreover, a treaty authorized extradition for common crimes, as opposed to political …

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Eyewitness Identification In War Crimes Trials, Debra H. Nesselson, Steven Lubet Jan 1980

Eyewitness Identification In War Crimes Trials, Debra H. Nesselson, Steven Lubet

Cardozo Law Review

No abstract provided.

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Criminal Redistribution Of Stolen Property: The Need For Law Reform, G. Robert Blakey, Michael Goldsmith Aug 1976

Criminal Redistribution Of Stolen Property: The Need For Law Reform, G. Robert Blakey, Michael Goldsmith

Michigan Law Review

Section I of this article describes various theft and fencing operations. As will be evident from that discussion, the most sophisticated fences are far removed from those receivers who are owners of seedy pawnshops or who indiscriminately select potential customers on the street, and thus they pose peculiar problems for law enforcement. Section II then identifies inadequacies in existing investigative techniques and in the substantive laws of receiving in light of modern theft and fencing operations. It proposes changes in the law and suggests appropriate law enforcement strategies to facilitate the detection and conviction of alleged fences. Needed changes in …

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Some Observations On The Disposition Of Ccw Cases In Detroit, Michigan Law Review Jan 1976

Some Observations On The Disposition Of Ccw Cases In Detroit, Michigan Law Review

Michigan Law Review

Part I of this Note details the disposition of cases alleging violations of the Michigan CCW statute that were brought in the Detroit recorder's court during 1973. Although the statute is only part of the current scheme of gun control in Michigan, it is the principal weapon available to the police and prosecutor in the preventive battle against the illegal use of firearms. To give meaning to the dispositional statistics and to aid in perceiving the over-all judicial attitude toward CCW cases, the statistical results of the study are compared with statistics on the disposition of cases involving felonies similar …

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The Allocation Of Prosecution: An Economic Analysis, Michigan Law Review Jan 1976

The Allocation Of Prosecution: An Economic Analysis, Michigan Law Review

Michigan Law Review

This Note uses economic theory to reassess the division of prosecutorial tasks between victims and the government for offenses other than victimless offenses. It attempts to answer in a general manner questions such as why the prosecutor should differ from offense to offense and where ,the line should be drawn between governmental and individual prosecution. Work done in the areas of welfare economics and public finance concerning the effectiveness of government and the private sector in providing different sorts of goods is drawn upon heavily. This Note views prosecution as an economic good and a victim's prosecution of an offender …

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Juvenile Obscenity Statutes: A Proposal And Analysis, Jerold H. Israel, Rita Ann Burns Jan 1976

Juvenile Obscenity Statutes: A Proposal And Analysis, Jerold H. Israel, Rita Ann Burns

Articles

The article that follows is based largely upon a Study Report on juvenile obscenity statutes prepared for the Michigan Law Revision Commission. The objectives of the Report were (1) to analyze the various issues presented in drafting a juvenile obscenity provision, (2) to survey the treatment of those issues in statutes adopted by various states and statutes proposed by several distinguished commissions, and (3) to propose a comprehensive model statute that offers a choice of alternative provisions on key areas of controversy. Certain limitations placed upon the scope of the Report (and this article) should be noted. First, we were …

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Some Non-Religious Views Against Proposed 'Mercy-Killing' Legislation Part I, Yale Kamisar Jan 1976

Some Non-Religious Views Against Proposed 'Mercy-Killing' Legislation Part I, Yale Kamisar

Articles

In essence, Williams' specific proposal is that death be authorized for a person in the above situation "by giving the medical practitioner a wide discretion and trusting to his good sense." This, I submit, raises too great a risk of abuse and mistake to warrant a change in the existing law. That a proposal entails risk of mistake is hardly a conclusive reason against it. But neither is it irrelevant. Under any euthanasia program the consequences of mistake, of course, are always fatal. As I shall endeavor to show, the incidence of mistake of one kind or another is likely …

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Some Non-Religious Views Against Proposed 'Mercy-Killing' Legislation Part Ii, Yale Kamisar Jan 1976

Some Non-Religious Views Against Proposed 'Mercy-Killing' Legislation Part Ii, Yale Kamisar

Articles

There have been and there will continue to be compelling circumstances when a doctor or relative or friend will violate The Law On The Books and, more often than not, receive protection from The Law In Action. But this is not to deny that there are other occasions when The Law On The Books operates to stay the hand of all concerned, among them situations where the patient is in fact ( 1 ) presently incurable, ( 2) beyond the aid of any respite which may come along in his life expectancy, suffering ( 3 ) intolerable and ( 4) …

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Standards For Accepting Guilty Pleas To Misdemeanor Charges, Richard A. Kopek Jan 1975

Standards For Accepting Guilty Pleas To Misdemeanor Charges, Richard A. Kopek

University of Michigan Journal of Law Reform

The guilty plea-not the trial-is the most common manner of disposing of criminal cases in America. It has been estimated that 90 percent of all convictions and 95 percent of misdemeanor convictions are the result of guilty pleas. Various reasons have been advanced to explain this heavy reliance on the guilty plea. For example, it avoids the drain on judicial resources that would occur if all cases had to be tried. In addition, it eliminates the risks and uncertainties of trials and permits flexibility in sentencing. Because of the prevalence of guilty pleas, there must be procedural safeguards to insure …

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Toward An International System Of Drug Control, Louis Lessem Jan 1974

Toward An International System Of Drug Control, Louis Lessem

University of Michigan Journal of Law Reform

By any measure the ongoing explosion in the abuse and trafficking of illicit drugs must be viewed as alarming. The past few years have seen a dramatic upsurge in the use of heroin and other opiates, the re-emergence of cocaine as a popular drug, and expansion of the use and availability of synthetic and psychotropic substances, and, perhaps of greatest international concern, the penetration of illicit narcotics into markets hitherto relatively free from drug involvement. Western Europe, Canada, and most recently the Soviet Union1 have reported the growth of drug-consuming populations. At the same time, there has been an awakened …

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Review Of The King's Pardon For Homicide To A.D. 1307, Thomas A. Green Jan 1972

Review Of The King's Pardon For Homicide To A.D. 1307, Thomas A. Green

Reviews

NAOMI D. Hurnard's The King's Pardon for Homicide before AD 1307 is significant and instructive for both legal and social historians. The author has painstakingly pieced together the available evidence from a variety of classes of mediaeval English public records to achieve a clear statement of the law of excusable homicide, i.e., non-felonious but requiring a royal pardon. She has lucidly presented the procedure which marks out the legal life story of persons deserving pardon, from the pardonable slaying to the formal proclamation of the king's peace. But she has also accomplished much more. Through careful and generally sound use …

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Military Law--Military Jurisdiction Over Crimes Committed By Military Personnel Outside The United States: The Effect Of O'Callahan V. Parker, Michigan Law Review Apr 1970

Military Law--Military Jurisdiction Over Crimes Committed By Military Personnel Outside The United States: The Effect Of O'Callahan V. Parker, Michigan Law Review

Michigan Law Review

Until recently, it had generally been considered that the minimum condition necessary to justify the invocation of military jurisdiction was the offender's "status" as "a person who can be regarded as falling within the term 'land and naval forces.' " In O' Callahan v. Parker, however, the United States Supreme Court determined that while military status is still requisite to the attachment of military jurisdiction, it is not a sufficient basis in and of itself to warrant trial by a military tribunal. In a five to three decision authored by Justice Douglas, the Court held that in order for military …

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Theory And Application Of Roscoe Pound's Sociological Jurisprudence: Crime Prevention Or Control?, Louis H. Masotti, Michael A. Weinstein Apr 1969

Theory And Application Of Roscoe Pound's Sociological Jurisprudence: Crime Prevention Or Control?, Louis H. Masotti, Michael A. Weinstein

University of Michigan Journal of Law Reform

The current interest in reforming the administration of justice has been triggered by a number of factors including the 1967 report of the President's Commission on Law Enforcement and the Administration of Justice and the treatment afforded arrestees during the civil disorders of the past few years. The nation is alarmed at the reported annual increases in crime, and this alarm was manifested in the 1968 presidential election when "law and order" became a major issue. Superficially the answer may seem clear: more effective enforcement of the law and, when necessary, more stringent laws. The critical issue, however, is a …

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Short-Term Rehabilitation And Crim Prevention, Jon C. Mackay Apr 1969

Short-Term Rehabilitation And Crim Prevention, Jon C. Mackay

University of Michigan Journal of Law Reform

Any program designed to reduce the rate of recidivism in the United States must be viewed as a valuable tool of crime prevention. It can be safely said that at least two-thirds of the crimes committed every year are committed by recidivists, for over the past decade approximately fifty to sixty per cent of all offenders have become repeaters. Thus the elimination of the recidivist in our society would result in a minimum reduction of thirty-three per cent in the number of crimes committed over a given period of time. The task of eliminating recidivism has been left to the …

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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

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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 …

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Criminology And A Modern Penal Code, Jerome Hall Jan 1936

Criminology And A Modern Penal Code, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

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Criminal Jurisdiction--Situs Of The Crime, Kirk Moberly Jan 1933

Criminal Jurisdiction--Situs Of The Crime, Kirk Moberly

Kentucky Law Journal

No abstract provided.

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Jurisdiction--Situs Of The Crime, Francis H. Hankes Jan 1932

Jurisdiction--Situs Of The Crime, Francis H. Hankes

Kentucky Law Journal

No abstract provided.

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Joy Riding, Simple And Compound, Edgar N. Durfee Jan 1918

Joy Riding, Simple And Compound, Edgar N. Durfee

Articles

The wrongful use of another's automobile, even though accompanied by a trespassory taking, cannot, if followed by a return to the owner or an abandonment, be easily brought within the definition of larceny at common law or under the ordinary larceny statutes, because of the requirement of intent to deprive the owner permanently of his property. Smith v. State, 146 S. W. 547; State v. Boggs (Iowa, 1917), 164 N. W. 759; McClain, Criminal Law, § 566. Of course, such intent, at the time of taking, might be found in spite of return or abandonment, though it is doubtful whether …

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The Way Of The Tansgressor Is Easy, John R. Rood Jan 1911

The Way Of The Tansgressor Is Easy, John R. Rood

Articles

The Way of the Transgressor is Easy, if he is shrewd enough to take an immunity bath, or avail himself of any of a dozen other provisions of the law made with good intentions and left lying about loose enough to be misappropriated. One rule that has served him many a good turn, is that there is no contribution between tort-feasors. Another way of stating it is that the courts are not open to help rogues out of the predicaments into which their dishonest dealings placed them, and the counterpart of the doctrine in equity is that he who comes …

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Cases On Criminal Law, Jerome C. Knowlton, John W. Dwyer Jan 1902

Cases On Criminal Law, Jerome C. Knowlton, John W. Dwyer

Books

This book of cases is prepared with the idea of assisting the student in his study of the substantive law of crimes. It is thought, however that the topical arrangement made, with an illustrative case under each topic may occasionally give the practitioner a leader over some troublesome path of investigation.

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The Courts Of Judea, Jerome C. Knowlton Jan 1894

The Courts Of Judea, Jerome C. Knowlton

Articles

The study of Jewish jurisprudence has become interesting during the past ten years through the efforts of some painstaking scholars, who have not been burdened with any particular dogma, but have been actuated by a true Christian spirit. They have been close students of those portions of the Talmud which throw light on the jurisprudence of the Jews.

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A Suggestion Concerning The Law Of Inter-State Extradition, Edwin F. Conely Jan 1892

A Suggestion Concerning The Law Of Inter-State Extradition, Edwin F. Conely

Articles

While yet the nation was forming-indeed as early as 1643-the impolicy of the colonies' suffering themselves to become asylums for criminal refugees was seen and appreciated by the public men of the time. But, though continued efforts were made in the right direction and much was accomplished, the rendition of fugitives from justice remained, either legally or practically, a matter of comity for nearly a century and a half, or until the adoption of the Constitution of the United States. Then, made mandatory by the organic law of the Nation, inter-state extradition ceased to be subject to State control or …

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The Element Of Locality In The Law Of Criminal Jurisdiction, Henry W. Rogers Jan 1889

The Element Of Locality In The Law Of Criminal Jurisdiction, Henry W. Rogers

Articles

THE Federal Courts have no common law criminal jurisdiction. The question was raised in the United States Circuit Court for the District of Pennsylvania, in 1798, in United States v. Worrall, 2 Dallas, 384, and the Court was equally divided in opinion. Iii 1818, Mr. Justice STORY, in United States v. Coolidge, 1 Gallison, 488, decided that there were common law offences against the United States. But this, as we shall see, was overruled by the Supreme Court. As early as 1807, Chief Justice MARSHALL, in Ex parte .Bollman, 4 Cranch, 75, had said, "This Court disclaims all jurisdiction not …

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International Extradition, Henry W. Rogers Jan 1888

International Extradition, Henry W. Rogers

Articles

It is a well-established principle of law that criminal prosecutions are local and not transitory. A wrong-doer whose wrong consists in a civil injury, or arises out of a breach of contract, can ordinarily be required to answer for the wrong done wherever he may be found. But a different principle is applied to the case of one who has committed a crime. As one nation does not enforce the penal laws of another, and as the process of the courts of a state can confer no authority beyond its own territorial limits, punishment can be avoided by escaping from …

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The Surrender Of Fugitives From Justice, Thomas M. Cooley Dec 1878

The Surrender Of Fugitives From Justice, Thomas M. Cooley

Articles

The Constitution of the United States provides that "a person charged in any State with treason, felony, or other crime, who shall flee from justice and be found in another State, shall, on demand of the executive authority of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime." The act of Congress of 1793 imposed the duty of surrender upon the executive of the State in which the fugitive should be found, and provided the manner in which the charge of crime should be authenticated for his action. It …

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