Criminal Procedure Commons^™

Criminal Procedure - Venue - Federal Offenses Committed Outside The Jurisdiction Of Any State Or District, Richard R. Dailey

Michigan Law Review

The defendant, an army staff sergeant, was under custody at Fort Meade, Maryland, awaiting disposition of charges of sodomy lodged against him under the Articles of War. After a delay of four months, the charges were dropped and he was shipped by the Army to Fort Jay, New York, where he was separated from the service. Immediately upon his release, he was arrested by the Federal Bureau of Investigation under a commissioner's warrant charging him with treason committed in Japan during a prior enlistment in the army. At the trial in the District Court for the Southern District of New …

Criminal Procedure - Standing Of The Press To Protest Judge's Exclusion Of The Public From Criminal Trial, M. Fred Mallender, Ii S.Ed.

Michigan Law Review

Plaintiff newspapers sent reporters to the trial of Minot Jelke. Defendant judge, exercising his discretion, excluded them as well as the general public from the courtroom when testimony dealing with the sordid details of prostitution and pandering was expected. The family and friends of the accused, along with the officers of the court, witnesses and jury were not excluded. Plaintiffs applied to the Supreme Court, Special Term, of New York County for a writ of prohibition to restrain the defendant from enforcing his order. The application for the writ was based on a statute guaranteeing the accused in a criminal …

Criminal Law—Bail, J. A. Guzzetta

Buffalo Law Review

People v. Fiannaca et al., 306 N. Y. 513, 119 N. E. 2d 363 (1954).

Criminal Law—At The Trial, J. A. Guzzetta

Buffalo Law Review

People v. Cooper et al., 307 N. Y. 253, 120 N. E. 2d 813 (1954); People v. Marshall, 306 N. Y. 223, 117 N. E. 2d 265 (1954); People v. Ramistella, 306 N. Y. 379, 118 N. E. 2d 566 (1954); People v. Gezzo, 307 N. Y. 385, 121 N. E. 2d 380 (1954); People v. Ward, 307 N. Y. 73. 120 N. E. 2d 211 (1954); People v. Harris, 306 N. Y. 345, 118 N. E. 2d 470 (1954), affirming 282 App. Div. 156, 121 N. Y. S. 2d 868 (1st Dep't 1953); People v. Foley, 307 N. Y. …

Criminal Law—Statutes, J. A. Guzzetta

Buffalo Law Review

People v. Gould, 306 N. Y. 352, 118 N. E. 2d 553 (1954); People v. Bell et al., 306 N. Y. 110, 115 N. E. 2d 821 (1953); People v. Ressanen, 306 N. Y. 267, 117 N. E. 2d 547 (1954).

Nonfeasance: A Threat To The Prosecutors' Discretion

Indiana Law Journal

No abstract provided.

Criminal Law—Grand Jury, J. A. Guzzetta

Buffalo Law Review

Schneider v. Aulisi, 307 N. Y. 376, 121 N. E. 2d 375 (1954); People v. Breslin, 306 N. Y. 294, 118 N. E. 2d 108 (1954).

Criminal Law—Amendment Of Information, J. A. Guzzetta

Buffalo Law Review

People v. Easton, 307 N. Y. 336, 121 N. E. 2d 357 (1954).

Criminal Law—After Trial, J. A. Guzzetta

Buffalo Law Review

People ex rel. Sedotto v. Jackson, 307 N. Y. 291, 121 N. E. 2d 229 (1954); People v. Omans, 306 N. Y. 379. 118 N. E. 2d 566 (1954).

Criminal Law And Procedure -- 1954 Tennessee Survey, Clyde L. Ball

Vanderbilt Law Review

Most of the criminal law cases in the Tennessee courts during the past year have dealt with matters of procedure. The basic principles derived from these cases are treated in the Procedure and Evidence article of this 1954 Survey.' However, those cases of especial interest and significance will be considered here in somewhat greater detail. In addition to procedural matters there were a few cases which turned on concepts basic in the substantive law of crimes.

Substantive Law

Homicide: Tennessee has enunciated and followed a rule which states that driving an automobile while intoxicated is an act malum in se, …

Criminal Procedure - Standing Of The Press To Protest Exclusion Of Public From Criminal Trial By Order Of The Trial Judge, M. Fred Mallender, Ii

Michigan Law Review

Defendant judge, believing that great harm to public morals and decency was to be apprehended from the testimony in the vice trial of Minot F. Jelke, exercised his discretion to exclude the general public including plaintiff newspapers from the court room during the state's case. The family and friends of the accused along with officers of the court, witnesses, and jury were not excluded. The plaintiffs applied for a writ of prohibition to restrain the defendant from enforcing his order. The court denied the application on the grounds that the defendant judge had the power to make the exclusion order …

Federal Control Over Use Of Coerced Confessions In State Criminal Cases-Some Unsettled Problems, Austin W. Scott Jr.

Indiana Law Journal

No abstract provided.

Revision Of Criminal Law -- Objectives And Methods, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Criminal Procedure - Juries - Effect Of Disqualified Juror On The Verdict, Joseph M. Kortenhof S.Ed.

Michigan Law Review

Defendant was convicted of selling whiskey and imprisoned in the county jail. After the time for appeal had elapsed he discovered that one jury member had been an unpardoned convict. In a habeas corpus proceeding the defendant urged that the judgment was void and subject to collateral attack. The county court refused to discharge the defendant. On appeal, held, affirmed. Discovery after the verdict that a convict sat on the jury, contrary to statute, gives an automatic right to a new trial. However, since the defect only renders the verdict voidable and not void it must be challenged within …

Constitutional Law - Public Trial In Criminal Cases, Carl S. Krueger S.Ed.

Michigan Law Review

The criminal trial has been traditionally open to the public in Anglo-Saxon procedure, as it was in Roman and other civilized societies of an earlier time. The public trial of today, however, has been subjected to considerable criticism on the ground that there is a tendency for criminal trials to degenerate into public spectacles, frequently interrupting the orderly procedure of justice, and not infrequently actually prejudicing the accused. If no useful purpose is served by the presence of the idle public during the deadly serious determination of guilt or innocence, should not the judge, subject to the right of admittance …

Book Reviews, Philip Mechem, Harold C. Havighurst, Robert E. Keeton, Frederick J. Ludwig, Clarence J. Morrow, William Miller, L. G. Blackstock, T. A. Smedley, Benjamin Harrow, Samuel L. Prince, A. Arthur Schiller, Clyde W. Summers

Journal of Legal Education

No abstract provided.

Criminal Law-Propriety Of Instructing Jury As To Possibility That Sentence Set By Jury May Be Affected By Commutation Or Parole. [Virginia]

Washington and Lee Law Review

No abstract provided.

Criminal Law And Procedure, William D. Warren

Vanderbilt Law Review

In the field of Criminal Law and Procedure, the Tennessee Supreme Court might be said to have completed a normal, even typical, year; some new law was announced, and much existing law was reiterated and reshaped. The Court's respect for local precedent persisted undiminished. No Tennessee case was directly overruled, and Tennessee precedents were closely adhered to when available. Not a single dissent appeared in the cases discussed in this article. The brevity of appellate opinions--particularly their highly condensed fact paragraphs--makes critical analysis of them a difficult and somewhat risky procedure. Nevertheless, an attempt has been made in this article …

Sapoznikov V. The Court Of Discipline Of The Israel Police, Yoel Sussman, Moshe Silberg, Yitzhak Olshan

Translated Opinions

Under section 18 of the Police Ordinance the Inspector-General may constitute Courts of Discipline to try police officers charged with disciplinary offences, the section prescribing the offences which may be the subject of such charges. One of those offences is thus described (in section 18(1)(i)): "any offence contrary to the good order and discipline of the Force.. ." The High Commissioner in Council was empowered by section 50(1)(e) to make rules "for the definition of offences to the prejudice of good order and discipline", and under that power made the Police (Disciplinary Offences) (Definition) Rules, 1941. Offence No. 23 of …

The Background Of The Uniform Code Of Military Justice, Edmund M. Morgan

Vanderbilt Law Review

The Articles of War and the Articles for the Government of the Navy have always constituted the code of criminal law and criminal procedure for the Armed Forces. In contrast to the law governing civilians, the punishments imposable are not specified in the Code but are left to be fixed by the military authorities, except that the later codes do not authorize punishment by death save for specifically designated offenses. The system also provides for summary punishment for minor infractions and a series of courts--a general court having power to try all offenses, a special court with limited power to …

Insanity As A Defense In Criminal Law, Robert Hall Smith

Kentucky Law Journal

No abstract provided.

Codification Of The Criminal Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Criminal Law And Procedure, H.T. O'Neal Jr.

Mercer Law Review

A synopsis of the criminal law as decided by our appellate courts consists, in the main, of a restatement of age-old concepts. The criminal law does not readily lend itself to startling new trends or changes. It is a science which is not static, but stationary.

It has been necessary to formulate several very general categories in which to place the cases, in order that a discussion of them may have some .semblance of order and organization. Although some of the categories have received exhaustive treatment elsewhere in this issue, it appears necessary that they be discussed here solely from …

Criminal Processes And Habeas Corpus: A Remedy In The Federal Courts

Indiana Law Journal

No abstract provided.

Habeas Corpus And Coram Nobis In Indiana

Indiana Law Journal

No abstract provided.

Book Reviews, George H. Pickar, Edward L. Barrett Jr., Rudolph Heitz, Charles E. Corker, Warren M. Ballard, W. F. Zacharias, Stefan A. Riesenfeld, Julius Cohen, Charles A. Reynard, Robert Kingsley, Jacob D. Hyman, James Lake, Arthur W. Stokes, Francis A. Allen, Paul A. Freund, Richard W. Jennings, Joseph E. Goodbar, Kenneth Redden, James A. Rahl, Charles L. B. Lowndes

Journal of Legal Education

No abstract provided.

Criminal Law-Application Of Double Jeopardy Prohibition In Case Of Two Deaths Resulting From Single Act Of Wrongdoing [State V. Martin, Ohio 1950]

Washington and Lee Law Review

No abstract provided.

The Historical Development Of Self-Defense As Excuse For Homicide, Jack Lowery Jr.

Kentucky Law Journal

No abstract provided.

The Retreat To The Wall Doctrine Of Self-Defense, Robert Hall Smith

Kentucky Law Journal

No abstract provided.

Insanity As A Defense To Crime, James Daniel Cornette

Kentucky Law Journal

No abstract provided.