Criminal Procedure Commons^™

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, …

Hearsay And Conspiracy: A Reexamination Of The Co-Conspirators' Exception To The Hearsay Rule, Joseph H. Levie

Michigan Law Review

The expansion of the law of conspiracy and the increasing number of prosecutions for its violation have been much commented on lately. Many kinds of anti-social conduct directed principally against the public welfare are now frequently punished by prosecution for conspiracy instead of prosecution for the substantive offense. Conspiracy is an ideal way to deal with organized crime and has been used extensively against quasi-treasonous activities. Similarly the Sherman Act's criminal sanctions are primarily couched in terms of conspiracy and the civil conspiracy action for divestiture or dissolution is the usual method of enforcing the antitrust laws. This emphasis on …

Constitutional Law - Criminal Procedure - Federal Immunity Statute Applicable To State Court, Raymond R. Trombadore S.Ed.

Michigan Law Review

ln response to a summons, petitioner appeared to testify before a congressional committee investigating crime, and confessed to having run a gambling business in Maryland. This confession was used in the criminal court of Baltimore to convict petitioner of conspiring to violate the state's anti-lottery laws. The conviction was affirmed by the Court of Appeals of Maryland, which rejected petitioner's contention that use of the committee testimony was forbidden by a federal statute which provides that no testimony given by a witness in congressional inquiries "shall be used as evidence in any criminal proceeding against him in any court." On …

Criminal Law—Perjury Conviction Upheld Despite Grand Jury Misconduct Leading To Indictment, Anthony J. Vaccaro

Buffalo Law Review

United States v. Remington, 208 F. 2d 567 (2d Cir. 1953), cert. denied, 74 Sup. Ct. 476 (1954).

Constitutional Law - Judicial Powers - Legality Of The Grand Jury Report, Alan Reeve Hunt S.Ed.

Michigan Law Review

On December 2, 1952, a federal grand jury for the United States District Court for the Southern District of New York, in a "presentment" made to that court, took the State Department severely to task for what it considered to be a conspicuous failure in handling the problem of subversive employees, United States citizens, at the United Nations. It further charged the State Department with impeding the grand jury's progress in attempting to fix responsibility for the failure upon certain State Department officials. On October 11, 1951, the Camden County grand jury presented to the Superior Court of New Jersey …

Constitutional Law-Legislative-Power To Reduce Grade Of Criminal Offense In Order To Avoid Jury Trial, Chester F. Relyea S.Ed.

Michigan Law Review

A complaint was made in the Municipal Court of Hoboken against the defendant charging that he had willfully committed an assault and battery by spitting on another, in violation of the Disorderly Persons Law, which states: "Any person who commits an assault or an assault and battery is a disorderly person." The defendant moved to dismiss the complaint on the ground that the statute violated his constitutional right to prosecution by indictment and trial by jury. The municipal court denied the motion. On certification to the New Jersey Supreme Court, held, the statute did not wrongfully deny defendant a …

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 …

Legislative Investigations: Safeguards For Witnesses, Joseph O'Meara

Journal Articles

A free and independent legislature is the hallmark of democracy. The power of investigation is essential to proper discharge of responsibilities, but that the investigative power has been abused' and that it is the obligation of the bar to find an answer to the resulting problem. The surrender of principle is the death of Justice and, without Justice, there is chaos, and total disregard of the dignity and destiny of man. One aspect of the challenge the legal profession confronts today is how to assure due process of law for witnesses in legislative investigations without unduly hampering legislative functions. The …

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

Indiana Law Journal

No abstract provided.

Developments In The Law Of Coerced Confessions, Howard Klemme

Publications

No abstract provided.

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

Articles by Maurer Faculty

No abstract provided.

Immunity Statutes--Adams V. State Of Maryland, Wendell Safriet Williams

Kentucky Law Journal

No abstract provided.

Criminal Law—Right Of Appeal, Myron Siegel

Buffalo Law Review

In Re Ryan, 306 N. Y. 11. 114 N. E. 2d 183 (1953).

Criminal Law—Indictment, Myron Siegel

Buffalo Law Review

People v. De Santis, 305 N. Y. 44, 110 N. E. 2d 549 (1953), cert. denied, 345 U. S. 944 (1953).