Criminal Procedure Commons^™

Book Reviews, Philip Mechem, Harold C. Havighurst, Robert E. Keeton, Frederick J. Ludwig, Clarence J. Morrow, William Miller, L. G. Blackstock, T. A. Smedley, Benjamin Harrow, Samuel L. Prince, A. Arthur Schiller, Clyde W. Summers

Journal of Legal Education

No abstract provided.

Criminal Law-Propriety Of Instructing Jury As To Possibility That Sentence Set By Jury May Be Affected By Commutation Or Parole. [Virginia]

Washington and Lee Law Review

No abstract provided.

Criminal Law And Procedure, William D. Warren

Vanderbilt Law Review

In the field of Criminal Law and Procedure, the Tennessee Supreme Court might be said to have completed a normal, even typical, year; some new law was announced, and much existing law was reiterated and reshaped. The Court's respect for local precedent persisted undiminished. No Tennessee case was directly overruled, and Tennessee precedents were closely adhered to when available. Not a single dissent appeared in the cases discussed in this article. The brevity of appellate opinions--particularly their highly condensed fact paragraphs--makes critical analysis of them a difficult and somewhat risky procedure. Nevertheless, an attempt has been made in this article …

Sapoznikov V. The Court Of Discipline Of The Israel Police, Yoel Sussman, Moshe Silberg, Yitzhak Olshan

Translated Opinions

Under section 18 of the Police Ordinance the Inspector-General may constitute Courts of Discipline to try police officers charged with disciplinary offences, the section prescribing the offences which may be the subject of such charges. One of those offences is thus described (in section 18(1)(i)): "any offence contrary to the good order and discipline of the Force.. ." The High Commissioner in Council was empowered by section 50(1)(e) to make rules "for the definition of offences to the prejudice of good order and discipline", and under that power made the Police (Disciplinary Offences) (Definition) Rules, 1941. Offence No. 23 of …

Trial By Jury—Waiver—Trial Before Eleven Jurors, Alan F. Austin

Washington Law Review

D was indicted for second-degree burglary. During the course of the trial one of the jurors became ill, and on motion of D's counsel, with approval of the prosecutor and the court, the ailing juror was excused and the trial proceeded with eleven jurors. The jury of eleven subsequently brought in a verdict of guilty against D. Appeal. Held: Affirmed. An accused may waive his privilege of trial before a jury of twelve and submit it to eleven jurors if he acts intelligently, voluntarily, and free from improper influences. State v. Lane, 40 Wn. 2d 734, 264 P. 2d 474 …

Criminal Law—Indictment Dismissed Where Illegal Evidence Influenced Grand Jury, Myron Siegel

Buffalo Law Review

People v. Leary, 280 App. Div. 679, 117 N. Y. S. 2d 392 (3d Dep't 1952).

Constitutional Law—Proof Of Intoxication Obtained From Blood Test Held Violative Of Due Process, Paul Gonson

Buffalo Law Review

People v. Haessuler, __ Cal. App. __, 248 P. 2d 434 (2d Dist. 1952).

Constitutional Law—Mistrial In Absence Of Legal Error Held Due Process, Irwin N. Davis

Buffalo Law Review

Brock v. State of North Carolina, 73 S. Ct. 349 (1953).

Recent Cases, Law Review Staff

Vanderbilt Law Review

CONFLICT OF LAWS--ANNULMENT FOR MENTAL INCAPACITY--APPLICABILITY OF LAW OF DOMICIL

===============================

CONFLICT OF LAWS -DAMAGES -EFFECT OF OUT-OF-STATE EMPLOYMENT CONTRACT

===============================

CONFLICT OF LAWS --DIRECT ACTION AGAINST INSURER--CONSTITUTIONALITY OF STATUTE REQUIRING APPLICATION TO OUT-OF-STATE INSURANCE POLICIES

===============================

CONFLICT OF LAWS --JURISDICTION -FOREIGN ACTS AFFECTING COMMERCE

===============================

CONFLICT OF LAWS --JURISDICTION --SERVICE ON UNINCORPORATED NONRESIDENT

===============================

CONFLICT OF LAWS --JURISDICTION --TRESPASS TO LAND AS TRANSITORY ACTION

===============================

CRIMINAL PROCEDURE --SUSPENDED SENTENCE --FACTORS CONSIDERED IN REVOCATION

================================

FEDERAL PROCEDURE --RULE 50(b) --TRIAL COURT'S DISCRETION TO GRANT NEW TRIAL OR JUDGMENT

================================

LIMITATION OF ACTIONS --STATUTORY CONSTRUCTION--"ACT OR OMISSION COMPLAINED OF"

================================

PROCEDURE-- …

Evidence—Admissibility Of Related Offenses, Dale Riveland

Washington Law Review

D was charged with sodomy and rape. A confession of a prior similar assault and attempted rape was admitted with the instruction that the confession should be used only for whatever bearing it might have upon common scheme or plan in connection with the rape charges. D was acquitted of rape and convicted of sodomy. Appeal. Held: Affirmed. Evidence of other crimes may not be admitted unless the evidence is relevant and necessary to prove an essential ingredient of the crime charged. This confession was not sufficiently related to show w common scheme or plan. However, D was not prejudiced …

The Background Of The Uniform Code Of Military Justice, Edmund M. Morgan

Vanderbilt Law Review

The Articles of War and the Articles for the Government of the Navy have always constituted the code of criminal law and criminal procedure for the Armed Forces. In contrast to the law governing civilians, the punishments imposable are not specified in the Code but are left to be fixed by the military authorities, except that the later codes do not authorize punishment by death save for specifically designated offenses. The system also provides for summary punishment for minor infractions and a series of courts--a general court having power to try all offenses, a special court with limited power to …

Criminal Procedure-Extradition For Non-Support Under Section 6 Of The Uniform Criminal Extradition Act, David D. Dowd, Jr.

Michigan Law Review

Petitioner had been divorced while residing in the State of California and ordered to pay $30 per month to his wife for the support of three minor children. After moving to New Mexico he defaulted in the payments. The Governor of California requested the extradition of the petitioner under section 6 of the Uniform Criminal Extradition Act to answer the charge of failure to provide for minor children. Petitioner questioned his detention under the order for extradition by seeking a writ of habeas corpus in an original proceeding before the Supreme Court of New Mexico. Held, writ denied. Section …

Constitutional Law-Due Process-Burden Of Proving Insanity As Defense To Crime, Lois H. Hambro S.Ed.

Michigan Law Review

Defendant was convicted of first degree murder after having pleaded insanity as a defense to the charge. He appealed to the Supreme Court of Oregon, alleging that the Oregon statute, which required an accused pleading insanity to prove it beyond a reasonable doubt, violated the due process clause of the Fourteenth Amendment because it placed on him the burden of proving his inability to premeditate and intend the criminal act. The defendant relied in part on the fact that Oregon is the only state requiring insanity to be proved ''beyond a reasonable doubt," while other states require at most that …

Vanderbilt: Cases And Materials On Modern Procedure And Judicial Administration, Charles W. Joiner

Michigan Law Review

A Review of CASES AND MATERIALS ON MODERN PROCEDURE AND JUDICIAL ADMINISTRATION by Arthur T. Vanderbilt.

Should Reversal Of Criminal Conviction Because Of Insufficient Evidence, Under The New Criminal Rules, Be With Or Without A New Trial? - Lambert V. State

Maryland Law Review

No abstract provided.

Constitutional Law-Right To Bail, Robert L. Sandblom S.Ed.

Michigan Law Review

The Eighth Amendment of the Constitution provides that "Excessive bail shall not be required . . . ." This clause, as with all of the Bill of Rights, serves as a limitation on the federal government. From a very early date this provision has likewise established a boundary on the discretion of the federal courts in their exercise of criminal jurisdiction. Although this Eighth Amendment provision is a protection against federal encroachment, it does not limit the powers of states, arguments of individual Justices to the contrary notwithstanding.

In the recent Supreme Court decision of Stack v. Boyle, this …

Constitutional Limitation On Change Of Venue In Criminal Cases - Heslop V. State

Maryland Law Review

No abstract provided.

Current Decision, Weight And Admissibility Of Chemical Tests As Evidence Of Intoxication, Howard Klemme

Publications

No abstract provided.

Current Decision, Right To Inspect Memoranda Used To Revive Recollection, Howard Klemme

Publications

No abstract provided.

Current Decision, Due Process--Use Of Blood Tests To Determine Intoxication Not Violative Of Due Process, Howard Klemme

Publications

No abstract provided.

Arrest Without A Warrant, Norma D. Boster

Kentucky Law Journal

No abstract provided.

Criminal Procedure--Protection Accorded The Officer Who Arrests Under A Defective Warrant, Charles R. Hamm

Kentucky Law Journal

No abstract provided.

Criminal Law—Written Information, Joseph Taddeo

Buffalo Law Review

People v. Jacoby, 304 N. Y. 33, 105 N. E. 2d 613 (1952).

Criminal Law—Trial—Reversible Errors, Joseph Taddeo

Buffalo Law Review

People v. Ford, 304 N. Y. 679, 197 N. E. 2d 595 (1952); People v. Hetenyi, 304 N. Y. 80, 106 N. E. 2d 20 (1952).

Criminal Law—Venue, Joseph Taddeo

Buffalo Law Review

Murtagh v. Leibowitz, 303 N. Y. 311, 101 N. E. 2d 753 (1951).

Criminal Law—Coram Nobis, Joseph Taddeo

Buffalo Law Review

People v. Langan, 303 N. Y. 474, 104 N. E. 2d 861 (1952).

Evidence-Confessions-Mcnabb Rule Not Applicable Under The Fourteenth Amendment, Harry T. Baumann S.Ed.

Michigan Law Review

Defendant, detained on a vagrancy charge in Texas, voluntarily confessed to a homicide committed in Nebraska. Upon his return to the latter state, the defendant repeated his confession and was subsequently arraigned, having been in custody for twenty-five days. The confessions were introduced at the trial and a conviction of manslaughter followed. Defendant, failing to gain a reversal in the state court, sought review by the United States Supreme Court, charging that a failure to arraign the defendant promptly in breach of local statutes was a want of due process under the Fourteenth Amendment. On certiorari, held, affirmed, Justices …

Transfer Of Federal Offenses Committed In More Than One District Or Division, Lester B. Orfield

Michigan Law Review

Rule 21 (b) of the Federal Rules of Criminal Procedure provides: "The court upon motion of the defendant shall transfer the proceeding as to him to another district or division, if it appears from the indictment or information or from a bill of particulars that the offense was committed in more than one district or division and if the court is satisfied that in the interest of justice the proceeding should be transferred to another district or division in which the commission of the offense is charged."

Constitutional Law-Evidence-Use Of Illegally Obtained Evidence And Due Process Of Law, Allan Neef S.Ed.

Michigan Law Review

It is fundamental, even in a federal system, that a state be free to regulate the procedure of its courts in accordance with its own conceptions of proper policy, subject only to constitutional limitations safeguarding individuals from arbitrary action by the state. In the United States this constitutional protection is two-fold-both state and federal constitutions acting as limitations on state action. As a result, a problem arises as to what extent the federal courts can, in the enforcement of federal constitutional limitations, override state criminal procedures and the policies underlying them. It is clear that the states have, by virtue …

Defendant As A Witness In A Criminal Proceeding, S. Dan Pack

Mercer Law Review

At common law an interested party in a court proceeding was not a competent witness in his own behalf. The basis for disqualifying parties was a notion that the temptation to falsify was too great for the average witness to resist. Any party, therefore, who had any interest whatsoever in the case could not testify. A riper wisdom and experience, however, brought to light the fact that it was better not to close the mouths of interested parties in court proceedings, and statutes were subsequently passed in practically all the English-speaking jurisdictions that would allow an interested party to be …