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Articles 2311 - 2340 of 2373

Full-Text Articles in Criminal Procedure

Developments In The Law Of Coerced Confessions, Howard Klemme Jan 1954

Developments In The Law Of Coerced Confessions, Howard Klemme

Publications

No abstract provided.


Habeas Corpus-Jurisdiction Of Federal Courts To Review Jurisdiction Of Military Tribunals When The Prisoner Is Physically Confined Outside The United States, Willis B. Snell S. Ed. Apr 1951

Habeas Corpus-Jurisdiction Of Federal Courts To Review Jurisdiction Of Military Tribunals When The Prisoner Is Physically Confined Outside The United States, Willis B. Snell S. Ed.

Michigan Law Review

The question of the power of federal courts to issue the writ of habeas corpus for a prisoner confined outside the territorial United States has not as yet been completely answered. Until recently, there were few instances in which anyone was confined outside the United States under the authority of the United States. However, during and since World War II, American military tribunals have exercised power over citizens and aliens, civilians and military personnel, in many parts of the world, and especially in Germany and Japan. Because of this extended use of military tribunals, the question of the power of …


Habeas Corpus-Jurisdiction Of Federal Courts To Review Jurisdiction Of Military Tribunals When The Prisoner Is Physically Confined Outside The United States, Willis B. Snell S. Ed. Apr 1951

Habeas Corpus-Jurisdiction Of Federal Courts To Review Jurisdiction Of Military Tribunals When The Prisoner Is Physically Confined Outside The United States, Willis B. Snell S. Ed.

Michigan Law Review

The question of the power of federal courts to issue the writ of habeas corpus for a prisoner confined outside the territorial United States has not as yet been completely answered. Until recently, there were few instances in which anyone was confined outside the United States under the authority of the United States. However, during and since World War II, American military tribunals have exercised power over citizens and aliens, civilians and military personnel, in many parts of the world, and especially in Germany and Japan. Because of this extended use of military tribunals, the question of the power of …


Soviet Socialism And Due Process Of Law, John N. Hazard Jun 1950

Soviet Socialism And Due Process Of Law, John N. Hazard

Michigan Law Review

An eminent American legal philosopher has recently written in the pages of this Review that Soviet leaders have discovered some ancient truths-namely, that some respect must be paid, sooner or later, to the principle of legality. In the light of various memoirs and disclosures of persons who have experienced or studied life in Soviet labor camps, such a statement invites incredulity. Can it have any basis in fact? Can it be possible that there is a dualism in Soviet practice, with one set of experiences supporting the conclusion that there is a trend toward legality and another set of experiences …


The Intent Element In Contempt Of Injunctions, Decrees And Court Orders, Edward W. Rothe S.Ed. Apr 1950

The Intent Element In Contempt Of Injunctions, Decrees And Court Orders, Edward W. Rothe S.Ed.

Michigan Law Review

Recent years have seen increasing effort on the part of courts to distinguish between civil and criminal contempts. This effort has been engendered by an awareness of the different procedural and substantive aspects of the two classifications. A discussion of these aspects, as well as of the tests used to distinguish civil and criminal contempts, is beyond the scope of this paper. Suffice it to say that those tests which have been applied leave much to be desired. The lack of clarity, so evident in prevailing tests, is in part a legacy from early decisions which permitted the two types …


Federal Courts-Granting Of New Trial On Initiative Of The Court, William F. Snyder S. Ed. May 1949

Federal Courts-Granting Of New Trial On Initiative Of The Court, William F. Snyder S. Ed.

Michigan Law Review

Following conviction for violation of a federal statute, petitioner was granted his release on a writ of habeas corpus by a federal district court, on the basis of uncontroverted testimony that his counsel had not been present when the jury returned its verdict. Within ten days of this release, a motion for rehearing was filed, supported by affidavits that his counsel actually had been present. On subsequent hearing, the court set aside its former order and remanded petitioner to custody, on the theory that his release was obtained by means of a fraud on the Court. The present action was …


Federal Courts-Criminal Procedure-Effect Of Excusing Procedure On Composition Of Jury Panel, Robert P. Griffin Apr 1949

Federal Courts-Criminal Procedure-Effect Of Excusing Procedure On Composition Of Jury Panel, Robert P. Griffin

Michigan Law Review

Petitioner was found guilty of violating the Harrison Narcotics Act in the Federal District Court for the District of Columbia by a jury composed wholly of federal employees. During the course of voir dire examination, petitioner moved to strike the entire panel, asserting that it did not represent a proper cross-section of the community. This motion was denied. Petitioner exhausted his ten peremptory challenges, and, upon finding that only government employees remained on the jury, then challenged the jury as impaneled for cause. The challenge was overruled. Conviction was affirmed by the circuit court of appeals. On certiorari to the …


Federal Courts-Rule 20 Of Federal Rules Of Criminal Procedure-Constitutionality, William B. Harvey May 1948

Federal Courts-Rule 20 Of Federal Rules Of Criminal Procedure-Constitutionality, William B. Harvey

Michigan Law Review

One of the few real innovations in the Federal Rules of Civil Procedure is incorporated in Rule 20 which provides that a defendant who is arrested in a district other than that in which the indictment has been returned may declare in writing his desire to plead guilty and waive trial in the district of the crime. In this event, with the approval of the United States Attornies for both districts, the clerk of the court to which the indictment was returned is authorized to forward the papers to the clerk of the court for the district in which the …


Jury-Effect Of Deviation From Statutory Procedure For Excusing Jurors, Jarrett R. Clark Mar 1948

Jury-Effect Of Deviation From Statutory Procedure For Excusing Jurors, Jarrett R. Clark

Michigan Law Review

In a prosecution for murder, a special venire was summoned and a list thereof served on the accused. On the day of trial, he learned for the first time that the trial judge had excused twenty-six of the seventy-four veniremen summoned. The excuses out of court violated a statute requiring that all requests for excuse be heard in open court. More than the minimum number of veniremen were present, and when it appeared that the original array might be exhausted thirty additional veniremen were called. Accused's motions to quash the jury panel and for a mistrial were overruled. On appeal …


Federal Courts - Rule 20 Of Federal Rules Of Criminal Procedure - Constitutionality, William Burnett Harvey Jan 1948

Federal Courts - Rule 20 Of Federal Rules Of Criminal Procedure - Constitutionality, William Burnett Harvey

Articles by Maurer Faculty

No abstract provided.


Criminal Justice In Germany, Hans Julius Wolff Jun 1944

Criminal Justice In Germany, Hans Julius Wolff

Michigan Law Review

Criminal law and procedure, perhaps even more than civil, reflect the underlying conceptions of the political system with which they are connected. The ideological structure of criminal procedure in Germany, as well as in other continental European states, rests on the historical development through which constitutional institutions in those countries have passed since the French Revolution. It mirrors the transformation of the all-powerful state of the period of absolutism into the liberal state with its guaranteed freedoms and rights of the individual and strict legal limits to the power of the authorities (Rechtsstaat); and in recent years it has adapted …


Proposed Rules Of Federal Criminal Procedure: Final Draft, Albert J. Harno Feb 1944

Proposed Rules Of Federal Criminal Procedure: Final Draft, Albert J. Harno

Michigan Law Review

In February 1941, the Supreme Court appointed an advisory committee to prepare a draft of Federal Rules of Criminal Procedure. That committee has made its report to the Court and has presented a final draft of the rules. The adoption of these rules would be a landmark in criminal law administration. The importance of the draft does not lie in the fact that it projects matters that are novel or new, but rather in that it presents in successive provisions, stated in simple language, the best practices in criminal law procedure that have been evolved through experience. Of equal, or …


The Proposed Federal Rules Of Criminal Procedure, James J. Robinson Jan 1943

The Proposed Federal Rules Of Criminal Procedure, James J. Robinson

Articles by Maurer Faculty

No abstract provided.


Criminal Law And Procedure - Voluntary Communication To Grand Jury As Contempt, James K. Lindsay Dec 1941

Criminal Law And Procedure - Voluntary Communication To Grand Jury As Contempt, James K. Lindsay

Michigan Law Review

Defendant wrote two letters to the grand jury, then in session, asking leave to appear before it to present evidence of a conspiracy, described therein in highly inflammatory language, between a newspaper, the county assessor and the state's attorney to defraud the state of many millions of revenue by the illegal omission of the newspaper's personal property from the county tax rolls. The state's attorney filed an information incorporating these letters. The trial court found that defendant was guilty of criminal contempt. On appeal, defendant contended that this conviction deprived him of his constitutional right of free speech. Held, …


Constitutional Law - Trial By Jury - Right To Waive Presence Of Trial Judge, Robert P. Kneeland Nov 1941

Constitutional Law - Trial By Jury - Right To Waive Presence Of Trial Judge, Robert P. Kneeland

Michigan Law Review

Defendant was tried for the crime of driving a car while intoxicated. After the jury was instructed and had retired, the judge who had supervised the trial up to that point announced that he was going to another town to sit for a judge who was in poor health, but that a second judge would be available to receive the jury's verdict. Defendant's counsel failed to object to these arrangements. After the judge who heard the cause had left, the jury desired further instructions. As defendant objected to this request, however, it was denied. The second judge received the unqualified …


Criminal Law And Procedure - Remedies Available To Convicted Defendant When New Facts Are Found, Smith Warder Apr 1941

Criminal Law And Procedure - Remedies Available To Convicted Defendant When New Facts Are Found, Smith Warder

Michigan Law Review

Due to its haphazard growth and evolution, the Anglo-American system of jurisprudence occasionally left gaping defects in its general contours. Many of these defects have been and are being filled, both by statute and by the continuing development of the common law. However, there is one case which re-occurs with distressing frequency where no satisfactory remedy has been developed and where this lack of remedy can have unjust or even barbaric results.


Constitutional Law - Criminal Law And Procedure - Right To Effective Assistance Of Counsel, Walter Muller Jan 1941

Constitutional Law - Criminal Law And Procedure - Right To Effective Assistance Of Counsel, Walter Muller

Michigan Law Review

Robbery of a Federal Reserve Bank and jeopardizing lives by the use of dangerous weapons were the charges brought against defendant in a federal district court. Ten months after being taken into custody, he was finally brought to trial. On the latter date, for the first time, the defendant expressed to the court a desire to engage different counsel because of recent difficulties he had had with his original choice. The defendant was the complaining petitioner in a pending disbarment proceeding against his attorney. But the record did not show that the defendant disclosed the nature of those differences to …


Work Of The Louisiana Supreme Court, 1937-38 Term: Criminal Law And Procedure, Jerome Hall Jan 1939

Work Of The Louisiana Supreme Court, 1937-38 Term: Criminal Law And Procedure, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


The New Federal Rules And Indiana Procedure (Part Ii), Bernard C. Gavit Apr 1938

The New Federal Rules And Indiana Procedure (Part Ii), Bernard C. Gavit

Indiana Law Journal

No abstract provided.


The Mind Of The Juror, Stephen Ailes Apr 1938

The Mind Of The Juror, Stephen Ailes

West Virginia Law Review

No abstract provided.


Constitutional Law- Right To Jury Trial - Petty Statutory Offenses, James H. Roberton Jun 1937

Constitutional Law- Right To Jury Trial - Petty Statutory Offenses, James H. Roberton

Michigan Law Review

The defendant was tried before the police court of the District of Columbia for selling, as a second-hand dealer, unused return-trip railroad tickets without a license, contrary to an Act of Congress. The act provides for a maximum penalty of $300 fine or ninety days in jail. The defendant was denied a jury trial. The Court of Appeals for the District of Columbia found the defendant entitled to a jury trial. On appeal to the United States Supreme Court, it was held by a majority of the Court, that the Federal Constitution does not guarantee the defendant a jury trial …


Grand Jury - Power Of Court In Pennsylvania To Direct A General Investigation -Where No Specific Crime Charged, Michigan Law Review Apr 1937

Grand Jury - Power Of Court In Pennsylvania To Direct A General Investigation -Where No Specific Crime Charged, Michigan Law Review

Michigan Law Review

In a criminal case the judge of a Pennsylvania trial court was erroneously informed that the committing magistrate had discharged the accused's accomplices. The judge thereupon charged the magistrate with "fixing," but after investigation merely censured the latter for (1) failing to require bail in certain cases, and (2) remanding one defendant to a trial court without jurisdiction. The judge expressly said that he had no reason to believe the magistrate had acted from any corrupt motive. He nevertheless told a grand jury that a magistrate's violation of law had come to his attention and ordered the jury to investigate …


Trials-Right To "Public Trial"-Power Of Judge To Exclude General Public, Francis T. Goheen Jan 1937

Trials-Right To "Public Trial"-Power Of Judge To Exclude General Public, Francis T. Goheen

Michigan Law Review

Convinced of the desirability of such action, a judge, conducting the trial of a criminal case, wishes to clear the court room of all or a portion of the spectators. To what extent may he legitimately do so? He is necessarily limited by the provision in the constitution of almost every state and in the Sixth Amendment of the Constitution of the United States that in "all criminal prosecutions the accused shall enjoy the right to a speedy and public trial." The extent to which the trial court may go in clearing the court room has been most often tested …


The Problem Of Jury Instructions, Haymond Maxwell Dec 1936

The Problem Of Jury Instructions, Haymond Maxwell

West Virginia Law Review

The question of instructions to juries is a perennial problem with practitioners and judges. Having in mind the seriousness of this subject, the Judicial Council of West Virginia, some months ago, formulated a program for thorough investigation and consideration of the instructions enigma. In response to the council's request that it render assistance in the matter, the faculty of the College of Law of West Virginia University caused to be made a synopsis of all the state statutes dealing with instructions. Only a few of the states have no such statutes. Virginia is among that small number. Though I am …


Practice And Procedure - Reversal On Confession Of Error By Prosecutor Nov 1935

Practice And Procedure - Reversal On Confession Of Error By Prosecutor

Michigan Law Review

On appeal accused assigned as error the failure of the trial court to sustain his motion for a directed verdict of not guilty. The prosecutor, convinced by facts dehors the record of the innocence of the accused, confessed error. Held, confession of error does not per se justify reversal; the court must find error in the record. Parlton v. United States, (App. D. C. 1935) 75 F. (2d) 772.


The Investigating Magistrate (Juge D'Instruction) In European Criminal Procedure, Morris Ploscowe May 1935

The Investigating Magistrate (Juge D'Instruction) In European Criminal Procedure, Morris Ploscowe

Michigan Law Review

For nearly five centuries the distinctive figure in the preliminary stages of European criminal proceedings has been the investigating magistrate, known in France as the juge d'instruction. Although temporarily eclipsed by the revolutionary reforms in France in 1791, he was soon re-established. In other European countries the juge d'instruction continued to be the central figure in the preliminary procedure through all the reforms achieved by the liberal movements of the nineteenth century. The investigating magistrate has remained a purely Continental institution. In theory and in practice he embodies the essential difference between Continental and Anglo-American criminal procedure preliminary to trial.


Criminal Law And Procedure - Right Of Accused To Be Present At Trial May 1935

Criminal Law And Procedure - Right Of Accused To Be Present At Trial

Michigan Law Review

In a prosecution for bank robbery, testimony of a witness which did not connect the accused with the crime and merely served to qualify the witness was received during the unnoticed and involuntary absence of the accused. No objection was made by the counsel for the accused who was present at the time. When the accused's absence was discovered, the motion of counsel that the cause be withdrawn from the jury was overruled and the court admonished the jury not to consider the testimony. Appellant contended that he had been denied a right and that therefore injury must be presumed. …


Are The Criminal Courts Doing Their Duty?, Ferdinand Pecora Jan 1935

Are The Criminal Courts Doing Their Duty?, Ferdinand Pecora

Kentucky Law Journal

No abstract provided.


Verdict--Juror's Assent--What Constitutes, Paul D. Farr Feb 1934

Verdict--Juror's Assent--What Constitutes, Paul D. Farr

West Virginia Law Review

No abstract provided.


New Rules Of The Supreme Court, Bernard C. Gavit Jan 1934

New Rules Of The Supreme Court, Bernard C. Gavit

Indiana Law Journal

No abstract provided.