Criminal Procedure Commons^™

Constitutional Law - Due Process And Right Of Confrontation- Jencks Act, Robert J. Margolin S.Ed.

Michigan Law Review

The Jencks Act like the rule it purportedly reaffirmed, was designed to insure "justice." Although the stated purpose of the act was to preserve the rights of any defendant under due process of law, the question remains unresolved whether, in articulating the rule in terms of "justice," the Court in Jencks v. United States incorporated it into the requirements of due process. To be sure, the underlying intent of both the Court and Congress is unclear, but of far more concern than the intent is whether the Jencks Act, in fact, violates the constitutional mandates of the Fifth and Sixth …

The Duty Of Military Defense Counsel To An Accused, Alfred Avins

Michigan Law Review

This article is designed to study the manner in which those Canons of Professional Ethics have been assimilated into the administration of military justice and made the standards for the duty of a military defense counsel.

The Supreme Court - October 1958 Term, Bernard Schwartz

Michigan Law Review

The Supreme Court, reads a famous passage by Bryce, "feels the touch of public opinion. Opinion is stronger in America than anywhere else in the world, and judges are only men. To yield a little may be prudent, for the tree that cannot bend to the blast may be broken."

The history of the highest Court bears constant witness to the truth of Bryce's statement. Supreme Court action which has moved too far in one direction has always ultimately provoked an equivalent reaction in the opposite direction. Even an institution as august as the high tribunal cannot escape the law …

Evidence - Character Testimony - Impeachment Through Reference To Prior Specific Acts Of Defendant, Lawrence E. Blades S.Ed.

Michigan Law Review

Defendant, on trial for arson, presented a character witness who testified that defendant's reputation in the community was good. During cross-examination the prosecutor asked if the witness had heard that defendant had been arrested for or convicted of various specific crimes in other states. No objection was made by the defense, and the trial judge took no action. The witness answered no to each question, and subsequently a jury verdict of guilty was returned. On appeal, held, reversed and remanded, three judges dissenting. Failure of the trial judge, before allowing such cross-examination, to ascertain on his own motion and …

Constitutional Law - Criminal Procedure - Successive State Prosecutions For Same Activity, Robert L. Bombaugh

Michigan Law Review

Petitioner suspected of having robbed five persons on a single occasion. was indicted and tried for the robbery of three of them. His sole defense was alibi and he was acquitted when only one of the five victims identified him as the robber. Petitioner was then tried under an indictment for the robbery of a fourth victim. Petitioner interposed the same defense but was convicted at this second trial. The New Jersey Supreme Court affirmed. On certiorari to the United States Supreme Court, held, affirmed, three justices dissenting. Neither the successive trials nor the failure of the court to …

Criminal Procedure On The American Frontier: A Study Of The Statutes And Court Records Of Michigan Territory 1805-1825, William Wirt Blume

Michigan Law Review

The area north and east of Lake Michigan, organized in 1805 as Michigan Territory, was first organized in 1796 as Wayne County of the Northwest Territory. In 1800 the western half of the county, and in 1803 the eastern half, became parts of Indiana Territory, and so remained until July 1805. In 1818 Michigan Territory was expanded westward so as to include all of the area north of Illinois to the Mississippi River.

Constitutional Law - Right To Jury Trial In Indirect Criminal Contempts In Federal Courts, Denis T. Rice S.Ed.

Michigan Law Review

Should constitutional provisions for jury trial apply to contempts committed outside the physical presence of a federal court? The United States Supreme Court, in the recent case of Green v. United States, reviewed this long disputed question. The case involved two Communist Party leaders who had been convicted of Smith Act violations and then had "jumped bail" when they disappeared in violation of surrender orders requiring their presence in court for sentencing. After four and a half years as fugitives they surrendered in 1956 and were charged with criminal contempt of court. Following a so-called "summary" hearing (without the …

Scientific Investigation And Defendants' Rights, B. J. George Jr.

Michigan Law Review

Advances in science, medicine and industry have made much of the world a more pleasant place in which to live. In general more men are living a physically more satisfying life in more comfortable surroundings than preceding generations. But with this has come a parallel increase in criminality to the point that the term "crime wave" is heard with increasing frequency. Many crimes are facilitated in their commission by adaption or application of new scientific discoveries by criminal elements. A natural consequence is that already overburdened police departments turn as quickly as is financially possible to new scientific techniques in …

Snee & Pye: Status Of Forces Agreement: Criminal Jurisdiction, B. J. George Jr.

Michigan Law Review

A Review of Status of Forces Agreement: Criminal Jurisdiction: Criminal Jurisdiction. By Joseph M. Snee, S.J. and Kenneth A. Pye

Jury - Pre-Trial Selection - Suggested Improvements, Edward B. Stulberg

Michigan Law Review

Over the course of the past twenty years, the desirability of trial by jury has been a subject of constant debate. In contrast, the matter of jury selection has been given little direct attention. Yet it is obvious that if consideration is given to improvements in selection procedure aimed primarily at raising the calibre of the jury panel, disappointment in the judicial process due to the general ineptness of jurors can be decreased. It is true that the fate of a litigant often is entirely within the discretion of the jury. This is not necessarily a reason for the abandonment …

Constitutional Law - Due Process -Knowledge Of The Law Required For Conviction Under Criminal Registration Ordinance, David C. Berg

Michigan Law Review

Defendant-appellant was charged with violation of a Los Angeles municipal ordinance which required all persons convicted of a felony in California, or of a crime committed elsewhere which would have been punishable as a felony in California, subsequent to January 1, 1921, to register with the Chief of Police upon remaining in the city longer than five days, or upon making more than five visits to the city within a thirty-day period. At the time of her arrest, appellant had been a resident of Los Angeles for seven years. Within that period she had been convicted (in Los Angeles) of …

Constitutional Law - Privilege Against Self-Incrimination - Danger Of Prosecution In Other Jurisdictions, George R. Haydon, Jr.

Michigan Law Review

Defendant, a witness called by the New Hampshire attorney general in an investigation of subversive activities, was granted statutory immunity in New Hampshire from criminal prosecution which might arise from his testimony and was ordered to testify. Since any disclosures would create serious danger of prosecution by the United States and Massachusetts, whose agencies were also investigating his activities, defendant refused to testify despite the grant of immunity, invoking the privilege against self-incrimination guaranteed by the state constitution. He was found guilty of contempt, subject to his exceptions regarding the constitutionality of the immunity statute. On hearing before the state …

Evidence - Search And Seizure - Standing To Suppress Evidence Obtained By Unconstitutional Search And Seizure, Robert C. Casad S.Ed.

Michigan Law Review

The most radical departure of the new California doctrine from federal precedents, however, lies in the rejection of the requirement of "standing" which the federal courts have always imposed. In People v. Martin the California court announced its willingness to permit any criminal defendant to move for the exclusion of evidence obtained by unreasonable search and seizure -regardless of whether it was his premises that were searched or his property that was seized.

Rejection of the requirement of standing by this outstanding court calls for a re-evaluation of the requirement as it is imposed in every other jurisdiction that observes …

Federal Criminal Procedure - Venue Situs Of Crime Of Failing To Perform Statutory Duty, John C. Baity

Michigan Law Review

Three defendants, classified conscientious objectors, were prosecuted for violations of the Military Training and Service Act. Defendants were ordered to report to their local boards for civilian work assignments in lieu of induction. They reported to their boards but refused to comply with instructions ordering them to report at hospitals located in judicial districts other than those of their boards. The Third Circuit held that the crime of "knowingly failing or neglecting to obey any such order" was committed in the district where the hospital was located and that venue was proper in such district. On similar facts the Tenth …

Legislation - Federal Criminal Procedure - Modification Of Jencks Decision, Raymond J. Dittrich, Jr. S.Ed.

Michigan Law Review

Defendant was convicted of a violation of 18 U.S.C. §1001. During the trial, the court denied defendant's motion to order the government to produce for defendant's inspection reports submitted by government witnesses to government agents. The reports dealt with the same subject about which these witnesses later testified. The court of appeals affirmed the decision. On certiorari to the United States Supreme Court, held, reversed, one justice dissenting. The government has a privilege to refuse to surrender statements made by its prospective witnesses, but it may claim the privilege only at the expense of a dismissal of its case …

Constitutional Law - Post-Conviction Due Process - Right Of Indigent To Review Of Non-Constitutional Trial Errors, Robert C. Casad S.Ed.

Michigan Law Review

The purpose of this comment is to examine a new development. in post-conviction due process: Griffin v. Illinois. This case announces a new principle of constitutional right under the Fourteenth Amendment based on an almost indistinguishable combination of due process and equal protection elements.

Constitutional Law - Privilege Against Self-Incrimination -Effect Of Immunity Statute, Paul A. Heinen S.Ed.

Michigan Law Review

Petitioner was brought before a federal grand jury and questioned as to his and other persons' membership in the Communist Party. After petitioner refused to answer the questions on the ground that the answers would be self-incriminating and therefore his refusal was privileged under the Fifth Amendment, the United States attorney, proceeding under the provisions of the Immunity Act of 1954, filed an application in the United States district court requesting that petitioner be required to answer the questions. The district court, upholding the constitutionality of the act, ordered petitioner to answer the questions, and petitioner's appeal from this order …

Constitutional Law - Grand Jury Under The Fifth Amendment Indictments Not Subject To Attack On Evidentiary Ground, Jerome K. Walsh, Jr. S.Ed.

Michigan Law Review

Defendant was indicted by a grand jury on four counts of willfully evading federal income taxes due for the years 1946, 1947, 1948 and 1949. His motion before trial to dismiss the indictment on the ground that he was firmly convinced that there could have been no legal or competent evidence before the grand jury was denied by the trial court. At the conclusion of the government's case, and again just before the case went to the jury, counsel for the defendant moved to dismiss the indictment on the ground that only hearsay evidence offered by three revenue agents had …

Constitutional Law - Due Process - Use Of Habeas Corpus To Allow Federal Court To Review State Court Jury Determination Of Voluntariness Of Confession, Herbert R. Brown S.Ed.

Michigan Law Review

The prisoner had been convicted of murder in the state court. He brought a habeas corpus proceeding in federal district court to secure his release from custody on the ground that the conviction was based on a confession which was obtained by physical violence. The confession had been submitted to the jury, which was instructed to consider it only if it found that it was not obtained by duress or fear produced by threats. The district court granted the writ of habeas corpus. On appeal, held, affirmed. The district court could determine the facts of the case for itself. …

Criminal Procedure-Waiver Of Unanimous Jury Verdict In Federal Courts, Rinaldo L. Bianchi

Michigan Law Review

Defendant was tried for two counts of felony. After twenty-seven minutes of deliberation the jury was unable to agree on either count, and the court asked the parties whether they would accept a majority verdict. Counsel for the defendant, after consulting with his client, consented, as did the United States Attorney. The jury found defendant guilty on both counts by a majority of nine to three and ten to two respectively. The court ordered a verdict to be filed and imposed a sentence. On appeal, held, reversed. A unanimous verdict is "the inescapable element of due process" and cannot …

Evidence-Hearsay-Admissibility Of Public Opinion Polls, John C. Hall S.Ed.

Michigan Law Review

The Florida Supreme Court sustained the conviction of Irvin, a Negro, on a charge of rape, but the Supreme Court of the United States reversed and remanded the case. Defendant was granted a change of venue to Marion County, where he requested a second change of venue, claiming that the notoriety of his case had made him personally odious to the residents of Marion County. He attempted to introduce the results of a public opinion poll made by the Elmo Roper Research and Public Opinion Organization to support his claim. The field supervisor and the tabulator were called to testify …

Criminal Law - Trial - Duty Of Judge To Instruct On Lesser And Included Crimes, Paul A. Heinen S.Ed.

Michigan Law Review

Appellant was one of four defendants who were charged in three separate counts of an indictment with the crimes of attempted robbery in the first degree, attempted grand larceny in the first degree, and assault in the second degree with intent to commit robbery and grand larceny. After all the evidence had been entered, the trial judge submitted only the count of attempted robbery to the jury, instructing them that they return a verdict of guilty or not guilty of that crime. The defense excepted to the court's refusal to submit the other counts charged in the indictment. The defendant …

Constitutional Law - Due Process - Privilege Against Self-Incrimination In State Criminal Proceedings, Frank M. Lacey

Michigan Law Review

In March 1951, defendant, a New York City policeman, was called to testify before a state grand jury investigating the association of city policemen with the criminal element of Kings County. Existing laws required public officers to execute a waiver of immunity to prosecution for matters to which their testimony related, on pain of losing their positions. The defendant signed such a waiver, and shortly thereafter resigned from the police force. He was called before the same grand jury again in December 1952, and on this occasion was asked whether he had ever accepted bribes while a policeman. He refused …

Criminal Procedure - Searches And Seizures - Admissibility Of Evidence Obtained Through Unlawful Search And Seizure, Neil Flanagin S.Ed.

Michigan Law Review

Defendants were prosecuted and convicted of conspiring to engage in horserace bookmaking and related offenses. The police had secured evidence of defendants' activities by concealing a listening device in premises occupied by them and also by unauthorized and forcible searches. The trial court admitted the evidence so obtained, notwithstanding the fact that the police action in securing it was clearly in violation of both federal and state constitutions and statutes. After conviction, the trial court denied defendants' motion for a new trial. On appeal, held, reversed, three justices dissenting. Evidence obtained in violation of the defendants' constitutional rights is …

Constitutional Law - Due Process - State Procedure For Attacking The Composition Of Grand Juries, Robert E. Hammell

Michigan Law Review

Defendant Michel, a Negro, was indicted by a grand jury for rape on February 19, 1953. On March 2, the same day that the term of the grand jury expired, he was arraigned and counsel was appointed. One week (five judicial days) later, motion was made to quash the indictment on grounds of discrimination against Negroes in impaneling the grand jury. The trial court ruled that the objection had been waived because Louisiana law requires that it be raised within three judicial days after the expiration of the term of the grand jury. The defendant was convicted, and the Louisiana …

Criminal Procedure - Availablity Of Federal Court Injunction To Prevent Federal Officer From Testifying In State Court As To Illegally-Obtained Evidence, Edward C. Hanpeter

Michigan Law Review

Prosecution of petitioner in federal court for the unlawful acquisition of marihuana failed when the court granted petitioner's motion to suppress the marihuana as evidence because it was obtained by a search based on an invalid search warrant. The federal officer who had seized the marihuana then swore to a complaint before a state judge, and a warrant for petitioner's arrest for violation of state law issued. While awaiting trial, petitioner filed a motion in federal district court to enjoin the federal officer from testifying in the state court. The district court denied the injunction, and the court of appeals …

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 …

Federal Procedure - Availability Of Coram Nobis In Federal Cases Involving Right Of Counsel, John Leddy S.Ed.

Michigan Law Review

ln 1939 Robert Morgan pleaded guilty to a charge of mail theft and was sentenced by a federal district court to four years imprisonment. He served the term and was released. In 1950 he was convicted of a crime in New York state and sentenced as a second offender because of his previous federal conviction. In 1952 he made application to the district court of original sentence for a common law writ of coram nobis, seeking an order vacating and setting aside his conviction by that court on the ground that he was not given assistance of counsel and had …

Biskind: How To Prepare A Case For Trial, And Lake: How To Win Lawsuits Before Juries, Charles W. Joiner

Michigan Law Review

A Review of How to Prepare a Case for Trial. By Elliott L. Biskind; How to Win Lawsuits Before Juries . By Lewis W. Lake