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Articles 151 - 160 of 160
Full-Text Articles in Criminal Procedure
Use Of Confessions And Admissions Of A Codefendant In Washington, Charles W. Blicker Ii
Use Of Confessions And Admissions Of A Codefendant In Washington, Charles W. Blicker Ii
Washington Law Review
As a general proposition, anything that a party to an action has voluntarily said at any time, if relevant, will be admissible against him. In the case of two types of such statements, ordinary direct admissions and voluntary confessions, the legal principles and rationales underlying their admissibility are so well-recognized and self-evident as to occasion little confusion and less need for comment. However, in cases where a person is sought to be charged with a statement made by someone else (the so-called implied or adoptive admissions and the various types of vicarious admissions), the underlying rationalizations and applications of the …
Collateral Attack By Habeas Corpus Upon Federal Judgments In Criminal Cases, Frank A. Peters
Collateral Attack By Habeas Corpus Upon Federal Judgments In Criminal Cases, Frank A. Peters
Washington Law Review
Many lawyers never in their careers have occasion to employ the writ of habeas corpus. It is only natural that there should exist, even within the profession, widespread lack of knowledge about the substantive rights guarded by this great engine of release and the procedures involved in its use. This article is designed to demonstrate the scope and manner of using the writ to attack criminal judgments of sentence in federal cases.
"Irresistable Impulse" As A Defense In Criminal Law: A Criticism Based On Modern Psychiatric Concepts, Howard D. Hoedemaker
"Irresistable Impulse" As A Defense In Criminal Law: A Criticism Based On Modern Psychiatric Concepts, Howard D. Hoedemaker
Washington Law Review
This is a criticism of the decision of the Supreme Court of Washington in the case of State vs. Maish. The opinion states that "appellant was accorded a fair trial in every respect, that the trial court committed no error in refusing to give the requested instruction, and that judgment and sentence of the trial court must be, and it is, affirmed." Reference is made to the above decision in detail, the instruction referred to was one requested by the defendant and refused by the trial court. It follows: "You are instructed that if you believe from the evidence that …
Conviction Of Perjury As A Disqualification Of A Witness In The State Of Washington, John Lee
Conviction Of Perjury As A Disqualification Of A Witness In The State Of Washington, John Lee
Washington Law Review
Has Washington completely abrogated the common law rule which makes any person convicted of an infamous crime an incompetent witness?
Criminal Law—Perjury—Depositions—Suggested Legislation, John N. Rupp
Criminal Law—Perjury—Depositions—Suggested Legislation, John N. Rupp
Washington Law Review
By an amended information, in a recent Washington case, respondent was charged with the crime of perjury in the first degree, the information alleging that respondent came before a notary public for the purpose of giving his deposition which was to be used in a pending civil case, that he was sworn according to law to tell the truth, and that he thereupon testified falsely with the intent that his testimony as written in the deposition be used in that civil case. It affirmatively appeared, both from the allegations of the original information and from the state's admission in open …
Work Of England's Court Of Criminal Appeal, Arthur T. Vanderbilt
Work Of England's Court Of Criminal Appeal, Arthur T. Vanderbilt
Washington Law Review
This article, written by the Chairman of the New Jersey Judicial Council, was first published in the sixth annual report of that body and later reprinted in the October, 1936, Issue of the Journal of the American Judicature Society. So much has been written in non-legal publications in this country concerning the efficiency of the English administration of criminal law and procedure that It will undoubtedly be of interest to the bar to be informed more exactly on the subject by the more detailed and exact research and comment of a member of the legal profession. With that idea in …
The Doctrine Of Res Judicata As Applied To The Trial Of Criminal Cases, W. G. Mclaren
The Doctrine Of Res Judicata As Applied To The Trial Of Criminal Cases, W. G. Mclaren
Washington Law Review
The principle of res judicata as applied to civil litigation is very familiar. Likewise well known in the field of criminal law is the doctrine of former jeopardy It is apparent, however, from an examination of decisions in criminal cases, that aside from the very restricted field of former jeopardy, the application of the general doctrine of res judicata to criminal litigation is not generally appreciated and applied. The doctrine of former jeopardy is of course applicable only where the two offenses are identical, and cannot be invoked if the offenses are distinct, even in cases where the same facts …
Injunctions To Restrain Threatened Or Impending Criminal Prosecutions, Frederick G. Hamley
Injunctions To Restrain Threatened Or Impending Criminal Prosecutions, Frederick G. Hamley
Washington Law Review
The general rule is always stated to be that an injunction will not be granted to stay criminal or quasi-crininal proceedings. The original basis of the rule, it is quite generally agreed, was founded upon the theory that to sustain a bill in equity to restrain or relieve against proceedings for the punishment of offenses would constitute an invasion of the law courts. This theory was the natural outgrowth of the lack of relation between equity and law courts as they formerly existed in England. With the gradual ebb in the jealousies and antagonisms between courts of law and of …
The Extent To Which Affidavits Of Jurors Will Be Considered For The Purpose Of Setting Aside Their Own Verdict, Albert Olsen
The Extent To Which Affidavits Of Jurors Will Be Considered For The Purpose Of Setting Aside Their Own Verdict, Albert Olsen
Washington Law Review
The question as to what extent and under what circumstances the affidavits of jurors will be considered on a motion for a new trial, arises in instances where the losing party feels that the jury has failed to properly exercise its function of deciding the case in an impartial and unprejudiced manner according to the law and evidence submitted in the case. In an early case the arbitrary rule was laid down that under no circumstances would an affidavit of a juror be considered for the purpose of setting aside the juror's sworn act incorporated in the verdict.The rule thus …
The Permissibility Of Comment On The Defendant's Failure To Testify In His Own Behalf In Criminal Proceedings, Leslie H. Dills
The Permissibility Of Comment On The Defendant's Failure To Testify In His Own Behalf In Criminal Proceedings, Leslie H. Dills
Washington Law Review
When the question as to whether or not a prosecuting attorney should be permitted to comment on the failure of the accused in a criminal action to testify in his own behalf first arose in the state of Washington, the Supreme Court rested its decision denying the right to make such comment on a statute. The abrogation of this statute by the Supreme Court under its rule-making power, leaves this question of vital importance in criminal practice open and undecided in this State.