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

Criminal Procedure Commons™

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

University of Michigan Law School

Discipline
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 751 - 780 of 808

Full-Text Articles in Criminal Procedure

Comment Upon Failure Of Accused To Testify, Robert P. Reeder Nov 1932

Comment Upon Failure Of Accused To Testify, Robert P. Reeder

Michigan Law Review

Last year the American Law Institute and the American Bar Association adopted resolutions declaring that when the defendant in a criminal trial does not testify the prosecution should be permitted to comment upon that fact. They urged the overthrow of a rule of law which have prevailed in the federal courts ever since accused persons were first permitted to give testimony, over fifty years ago, and which has governed the courts of forty-two out of the forty-eight states. The discussions which preceded the adoption of the resolutions have been published. In them the advocates of the change do not show …


Constitutional Law-Criminal Procedure-Comment By Judge On Evidence Jun 1932

Constitutional Law-Criminal Procedure-Comment By Judge On Evidence

Michigan Law Review

In the recent case of People v. Kelly, the Illinois supreme court decided (two justices dissenting) that the common law right of a judge, in charging the jury, to comment on the evidence and advise as to the facts was not an essential attribute of trial by jury as it, existed at common law, and held that a statute limiting the charge strictly to matters of law was not an infringement of the right of trial by jury guaranteed by successive Illinois constitutions. The court also decided, in upholding the legislative enactment, that this restriction of the functions of …


Crimes - Procedure - Indictment - Included Offense May 1932

Crimes - Procedure - Indictment - Included Offense

Michigan Law Review

Defendant was indicted for burglary with intent to commit larceny. The jury found him guilty of larceny. Held, reversed, burglary not being a compound felony including larceny. State v. Henderson (Iowa 1931) 239 N. W. 588.


President Hoover's Recommendations - Waiver Of Right To Accusation By Grand Jury Indictment Apr 1932

President Hoover's Recommendations - Waiver Of Right To Accusation By Grand Jury Indictment

Michigan Law Review

In Illinois also the time between arrest and indictment is considerable. According to the figures of the Illinois Crime Survey the median time after preliminary hearing before indictment of persons who pleaded guilty ranged from thirteen days in Chicago to thirty-seven days in other parts of the state. An average of another two days is added by the time between arrest and preliminary hearing. In Missouri, too, the time interval is long. It seems reasonable to assume, therefore, that in the federal courts the time between arrest and indictment is at least as long, especially in districts where grand juries …


Criminal Law - Federal Removal Proceedings - Conclusiveness Of The Indictment Apr 1932

Criminal Law - Federal Removal Proceedings - Conclusiveness Of The Indictment

Michigan Law Review

A vexatious question, and one which frequently arises in proceedings for removal from one federal district to another for trial, is to what extent the courts will go in weighing the force of the evidence against the accused. The government, when asking removal, presents to the court or commissioner a copy of the indictment found in the district to which removal is asked, and frequently rests on this, after giving evidence that the defendant is the party named in the indictment. The defendant, on the other hand, usually presents a mass of evidence, relevant and irrelevant, in an endeavor to …


English Criminal Prosecutions, John B. Waite Apr 1932

English Criminal Prosecutions, John B. Waite

Michigan Law Review

A review of CRIMINAL JUSTICE IN ENGLAND, A STUDY IN LAW ADMINISTRATION. By Pendleton Howard.


Crimes - Procedure - Limitation Of Actions - Extension Of Statutory Period Mar 1932

Crimes - Procedure - Limitation Of Actions - Extension Of Statutory Period

Michigan Law Review

The defendant was indicted in September, 1930, for having robbed a bank in August, 1927. At the time of his act, the statute of limitation of actions required that prosecutions for certain offenses be commenced within five years after the act, and included in this group the crime termed "robbery." Prosecutions for other offenses were barred after two years. In May, 1929, a new statute provided that prosecutions for felonies be commenced within five years after commission of the act by the accused. The defendant contended that robbing a bank was not within the scope of the term "robbery" as …


Crimes-Withdrawal Of A Plea Of Guilty Dec 1931

Crimes-Withdrawal Of A Plea Of Guilty

Michigan Law Review

Defendant was charged with the violation of the prohibition law, to which he pleaded guilty. About two months after this plea was in, he filed a motion to withdraw it, and substituted one of not guilty. In support of this motion he set up that he had not been advised of his constitutional rights to have counsel; that the arresting officers told him the case would be heard in a federal court, and his punishment would be light; and that he was unaware of the liquor being in his car (which claim was subsequently disproved by the evidence). The motion …


Crimes - Right To Bail Of Prisoner Held For Extradition Nov 1931

Crimes - Right To Bail Of Prisoner Held For Extradition

Michigan Law Review

The prisoner, who was wanted on an indictment in Iowa, had been apprehended in Minnesota under a rendition warrant issued by the governor of that state upon the requisition of the governor of Iowa. Habeas corpus proceedings were brought in the lower court to test the validity of the warrant, but the prisoner was remanded to the custody of the sheriff. He appealed this decision, and made application to fix bail pending the appeal. Held, it is doubtful if the court has the power to admit to bail after the governor's warrant has been issued, and even if the …


State Juvenile Court Procedure For Federal Juvenile Offenders, Howard E. Wahrenbrock Nov 1931

State Juvenile Court Procedure For Federal Juvenile Offenders, Howard E. Wahrenbrock

Michigan Law Review

The Report on the Child Offender in the Federal System of Justice recommends the enactment of federal legislation which will provide means of utilizing the machinery of existing state juvenile courts where federal laws have been violated by children. The details of such legislation are not suggested in the Report. The legal questions to be encountered in the framing of such legislation call for careful consideration if full advantage is to be taken of the knowledge which the study made for the Commission furnishes. Some of the questions of more general interest will be taken as the subject of this …


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.


Report On Criminal Procedure, Rollin M. Perkins Nov 1931

Report On Criminal Procedure, Rollin M. Perkins

Michigan Law Review

During the period of trial by battle such a proceeding served, in addition to its nominal purpose, something of the function which is now served by a World's Series ball game. From that time to this, the trial has been the spectacular aspect of the enforcement of justice in general and of criminal justice in particular. The result has been relative overemphasis upon criminal procedure in the strictly technical sense, and a corresponding neglect of the broader problems of administration. If, for instance, a conviction under a statute making it grand larceny to steal "a cow or animal of the …


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.


Appeal And Error- Crimes - Evidence Not Objected To At Trial May 1931

Appeal And Error- Crimes - Evidence Not Objected To At Trial

Michigan Law Review

The defendant was convicted of murder in the first degree. At the trial, certain incompetent testimony was placed in evidence by the prosecution, to which the defendant's attorney failed to object. The point was sought to be raised on appeal under N. J. Comp. Stat. 1910 sec. 136, which provides that, in criminal cases, if "the plaintiff in error on the trial below suffered manifest wrong or injury, either in the admission or rejection of testimony, whether objection was made thereto or not * * * the appellate court shall remedy such wrong or injury * * * and order …


Appeal And Error-Negligence Or Incompetence Of Counsel May 1931

Appeal And Error-Negligence Or Incompetence Of Counsel

Michigan Law Review

Defendant appealed from conviction of murder because of the incompetence and negligence of his attorney in the conduct of the trial. Held, the fact that the defendant was not properly represented by the counsel of his own choice was no ground for the court to go beyond the record and grant a new trial. People v. Hartwell (Ill. 1930) 173 N.E. 112.


Crimes--Burden Of Proving Alibi And Self-Defense May 1931

Crimes--Burden Of Proving Alibi And Self-Defense

Michigan Law Review

The defendant, indicted for murder, requested a charge that, if the evidence as to self-defense raised in the minds of the jurors a reasonable doubt of the guilt of the defendant, they should acquit him. Held, the trial court properly refused to· give the instruction. The burden was on the defendant to establish the defense by a preponderance of the evidence. Commonwealth v. Troup (Pa. 1931) 153 Atl. 337.


Crimes-Right Of Jury To Recommend Mercy Apr 1931

Crimes-Right Of Jury To Recommend Mercy

Michigan Law Review

In a trial for murder, under a statute which provided that if the jury found the accused guilty of murder they might recommend him or her to the mercy of the court, thus reducing the punishment from death to life imprisonment, the court instructed the jury, ''You cannot of your own free will recommend or not recommend [mercy] because you are opposed to capital punishment." Exception was taken on the grounds that this circumscribed the statutory privilege of the jury to recommend mercy. Held, the instruction was erroneous and constituted grounds for new trial. State v. Blakely (S. C. …


Book Reviews Apr 1931

Book Reviews

Michigan Law Review

Six brief book reviews of various law topics.


Crimes-Influence From The Defendants Failure To Testify Apr 1931

Crimes-Influence From The Defendants Failure To Testify

Michigan Law Review

The testimony given on a trial for murder indicated that the defendant had shot and killed one of his pursuers while fleeing the scene of a robbery in which he had taken a principal part. The trial court instructed the jury that the defendant, while not compellable, was competent to be a witness in his own behalf; and that although his failure to take the stand raised no presumption of his guilt, if facts were testified to which were accusations against the defendant which he could by his oath deny, and he failed to take the stand in his own …


Crimes-Procedure-Constitutionality Of The Short Form Of The Indictment Mar 1931

Crimes-Procedure-Constitutionality Of The Short Form Of The Indictment

Michigan Law Review

The respondents were tried and found guilty of murder. Held, that the constitutional provision that "the accused shall be fully informed of the nature and cause of the accusation against him" requires an indictment returned by the grand jury to contain allegations as to the time and place of the assault and the time and place of death of the decedent where the crime charged is murder. State v. Rector (S. C . 1930) 155 S.E. 385.


Appeal And Error-Judicial Distrust Of The Jury Feb 1931

Appeal And Error-Judicial Distrust Of The Jury

Michigan Law Review

A statute prescribed ten years in the state penitentiary as the minimum punishment for perjury committed on the trial of an indictment for a felony. In a prosecution for this offense, the trial court erroneously charged the jury that five years was the minimum punishment, to which the defendant excepted. Held, when defendant excepts to such instruction, it is reversible error for which a new trial will be granted. Roley v. State (Okla. Crim. App. 1930) 290 Pac. 195.


The Initiation Of Criminal Prosecutions By Indictment Or Information, Raymond Moley Feb 1931

The Initiation Of Criminal Prosecutions By Indictment Or Information, Raymond Moley

Michigan Law Review

One of the most pronounced changes in criminal procedure proposed by the new criminal code prepared under the direction of and approved by the American Law Institute is that which proposes "all offenses heretofore required to be prosecuted by indictment may be prosecuted either by indictment or information.'' This would radically affect the present criminal procedure of one-half of the states. In twenty-four states prosecution of practically all cases may now be by information. The reform thus officially proposed by the Institute has been widely recommended by commissions and committees interested in the reform of criminal procedure. In many of …


Crimes-Procedure-Variance Between Indictment And Proof Feb 1931

Crimes-Procedure-Variance Between Indictment And Proof

Michigan Law Review

The plaintiff was convicted of burglary under an indictment alleging that the article stolen was the joint property of two persons. The proof disclosed that it was the sole property of one of them, but this variance was at no time called to the attention of the lower court. On appeal, held, such variance was not reversible error. People v. Oswald (Ill. 1930) 172 N.E. 819.


Crimes-Speedy Trial-Justification For Delay Jan 1931

Crimes-Speedy Trial-Justification For Delay

Michigan Law Review

The defendant was convicted under a state prohibition statute. The information was filed on June 7, 1929, and no further proceedings were taken against him for more than sixty days thereafter. The defendant moved to dismiss the suit on the ground that he had not had a speedy trial. No jury was on duty during the months of July, August, and the early part of September. Held, that the constitutional guaranty of a speedy trial was not infringed by such delay. State v. Vukich (Wash. 1930) 290 Pac. 992.


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 …


Book Reviews Jun 1927

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.


Waiver Of Trial By Jury In Criminal Cases, S. Chesterfield Oppenheim May 1927

Waiver Of Trial By Jury In Criminal Cases, S. Chesterfield Oppenheim

Michigan Law Review

Waiver of jury trial in criminal cases generally is a highly practical issue at the present time both from the standpoint of the public and of the accused. The belief is common that the element of delay is one of the primary causes of the general disrespect attaching to the courts of criminal juridiction. It is said that an overzealousness in shielding the citizen against oppression and injustice has resulted in shifting to the background expedients designed to simplify and give momentum to the disposition of criminal cases.


Bail After Conviction Apr 1927

Bail After Conviction

Michigan Law Review

On a question of bail before indictment, the magistrate may inquire as to the guilt of the prisoner. After indictment he may in cases not capital look at the evidence upon which it is obtained. But at each step of the proceedings the grounds upon which the prisoner can be let to bail diminish, as the evidence of his guilt increases; because bail is not based upon the grace or favor of the court, but solely upon the doubt which may exist as to his guilt. After conviction and sentence, his claims to be let to bail are further diminished; …


Recent Important Decisions Mar 1927

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Crimes-Improper Conduct Of Prosecuting Attorneys Jun 1926

Crimes-Improper Conduct Of Prosecuting Attorneys

Michigan Law Review

In a recent New York case, People v. Klvana (N'. Y. 1926) 150 N. E. 523, Hiscock, C. J. in commenting on the evidence was induced to remark, "We are aided in this analysis by the perfectly fair attitude of the district attorney who with a commendable conception of his duties presents this case to us neither attempting to exaggerate its strong points nor trying to obscure its weaknesses." That sort of remark is refreshing. It gives renewed faith in the honesty of the administration of our criminal laws and shows that the fundamental theory that it is as much …