Open Access. Powered by Scholars. Published by Universities.®

Criminal Procedure Commons™

Open Access. Powered by Scholars. Published by Universities.®

Law Enforcement and Corrections

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 1351 - 1364 of 1364

Full-Text Articles in Criminal Procedure

Conclusiveness Of Sheriff's Return Apr 1944

Conclusiveness Of Sheriff's Return

Indiana Law Journal

Procedure Note

Go to article

Searches And Seizures - Constitutionality Of Statute Providing For Issuance Of Search Warrant On Affidavit On Information And Belief, William C. Wetherbee Dec 1940

Searches And Seizures - Constitutionality Of Statute Providing For Issuance Of Search Warrant On Affidavit On Information And Belief, William C. Wetherbee

Michigan Law Review

Plaintiff demanded a writ of prohibition against the defendant, a justice of the peace, to prevent his proceeding to determine ownership of trademarked milk bottles seized from plaintiff's milk truck under a search warrant. A statute required the issuance of a search warrant when any person made affidavit that he had reason to believe and did believe that trademarked receptacles were being wrongfully held. Held, writ of prohibition granted since the statute was unconstitutional in requiring the issuance of a search warrant without a showing of facts constituting probable cause, and in allowing the affiant instead of the judicial …

Go to article

Criminal Law And Procedure - Admissibility Of Confessions - Exhortations To Tell The Truth, Dan K. Cook Dec 1938

Criminal Law And Procedure - Admissibility Of Confessions - Exhortations To Tell The Truth, Dan K. Cook

Michigan Law Review

Defendant, while in the custody of police officers, confessed to the crime of murder. It was shown that the police officers during the course of defendant's examination, stated to the defendant that "it was better for him to tell the whole truth," and ''You are not telling the truth, give us the truth on this," "You might as well tell the truth; to me now," "I advise you to tell the truth in this case." In the subsequent prosecution of the defendant for murder, it was held that the confession was properly admissible notwithstanding these statements by the officers. Commonwealth …

Go to article

Criminal Procedure--Arrest--Use Of Force In Making Arrest, John L. Davis Jan 1937

Criminal Procedure--Arrest--Use Of Force In Making Arrest, John L. Davis

Kentucky Law Journal

No abstract provided.

Go to article

Legal And Social Aspects Of Arrest Without A Warrant, Jerome Hall Jan 1936

Legal And Social Aspects Of Arrest Without A Warrant, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Go to article

Criminal Law And Procedure -Automobiles - Constitutional Law-Criminal Liability Of Owner Of Automobile May 1935

Criminal Law And Procedure -Automobiles - Constitutional Law-Criminal Liability Of Owner Of Automobile

Michigan Law Review

The recent decision of the Supreme Judicial Court of Massachusetts in the case of Commonwealth v. Ober has brought to the fore a serious administrative problem arising out of the enforcement of traffic regulations. The problem is particularly acute in the illegal parking cases. Here it is usually impossible for the policeman to do more than tag the car, take down its registration number, and institute proceedings against the registered owner. The difficulty also often occurs in many other situations such as driving through red lights or stop streets where the offense is observed by a patrolman standing near by …

Go to article

Crimes--The Right Of An Officer To Arrest Without A Warrant, John A. Evans Jan 1935

Crimes--The Right Of An Officer To Arrest Without A Warrant, John A. Evans

Kentucky Law Journal

No abstract provided.

Go to article

Public Policy And The Arrest Of Felons, John Barker Waite Apr 1933

Public Policy And The Arrest Of Felons, John Barker Waite

Michigan Law Review

Under the judicial rulings of a score of States, it may happen that a man is arrested for the crime of carrying concealed weapons, that irrefutable evidence of guilt is found upon him, and that he nevertheless evades conviction and punishment because the courts will not permit the evidence to be used. It not only may happen; it does actually occur with shocking and incredible frequency. Yet oddly enough this practice appears to be in flat conflict with the statute law of some of those States and with the provisions of the model Code of Criminal Procedure recently approved by …

Go to article

Report On Prosecution, Rollin M. Perkins Nov 1931

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.

Go to article

Report On The Enforcement Of The Deportation Laws Of The United States, E. Blythe Stason Nov 1931

Report On The Enforcement Of The Deportation Laws Of The United States, E. Blythe Stason

Michigan Law Review

This report is concurred in by nine of the eleven members of the Commission. Two members, Henry W. Anderson and Kenneth Mackintosh, file dissenting statements. The Report is accompanied by a thoroughly interesting research study of the administration of the deportation laws, prepared by Reuben Oppenheimer. Since this study constitutes the basis of the report, and since the majority of the Commission concur in the conclusions and recommendations set forth in it, the following remarks will deal primarily with the study itself.

Go to article

The "Fence" Jan 1928

The "Fence"

Michigan Law Review

Whenever crime is discussed, one's attention is invariably called to the person who actually commits crime, such as the bandit, the murderer, the automobile thief, etc.; and whenever the so-called crime wave gains such proportions as to arouse the public to a state of indignation, laws are passed and reforms instituted to make more certain the punishment of such criminals. Very often, however, one of the most vicious enemies of society is forgotten, because he practices his nefarious profession hidden from the eye of the public and under a cloak of respectability. I refer to the one who receives the …

Go to article

Co-Operation Between The Judiciary And The Police, John B. Waite Jun 1925

Co-Operation Between The Judiciary And The Police, John B. Waite

Articles

"The problem in which I have been interested is the reason for the great disproportion between the number of arrests by the police and the number of convictions resulting...." Professor Waite expresses his opinion that judges occasionally thwart police in their lawful activities out of distrust or ignorance of police practices by capriciously interfering with criminal procedure.

Go to article

Due Process And Punishment, Clarence E. Laylin, Alonzo H. Tuttle Apr 1922

Due Process And Punishment, Clarence E. Laylin, Alonzo H. Tuttle

Michigan Law Review

To threaten such a man with punishment," wrote Sir James .LFitzjames Stephen,' "is like threatening to punish a man for not lifting a weight which he cannot move."

Go to article

Prosecuting And District Attorneys, Henry M. Bates Jan 1909

Prosecuting And District Attorneys, Henry M. Bates

Book Chapters

Professor Bates defines his subject matter "Prosecuting and district attorneys are judicial officers of the state, within their respective districts, although not officers of the state at large. Under some statutes they are county officers, while under others they are not, but are circuit or district officers.... Like other attorneys, prosecuting and district attorneys are officers of the court; but they are not a part of the court because of their office." A two-page outline precedes the entry.

Go to article

First Prev