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Articles 11731 - 11760 of 12076

Full-Text Articles in Criminal Procedure

Appeal And Error-Significance Of Denial Of Certiorari As Precedent By United States Supreme Court, Edward W. Rothe S.Ed. Nov 1950

Appeal And Error-Significance Of Denial Of Certiorari As Precedent By United States Supreme Court, Edward W. Rothe S.Ed.

Michigan Law Review

Respondents were found guilty of contempt of court for broadcasting dispatches concerning a person about to be tried on a charge of murder. The convictions were reversed on constitutional grounds by the Court of Appeals of Maryland, relying upon certain decisions of the United States Supreme Court. The state sought a writ of certiorari on the ground that the Maryland court had misconceived the rulings of the Supreme Court. Although the application for certiorari was denied, Justice Frankfurter took occasion to write an opinion stating that the denial of the writ meant only that fewer than four members of the …

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Constitutional Law-Fourth Amendment-Search Without A Warrant Incident To Arrest, G. B. Myers S.Ed. Nov 1950

Constitutional Law-Fourth Amendment-Search Without A Warrant Incident To Arrest, G. B. Myers S.Ed.

Michigan Law Review

Respondent was convicted of selling and of possessing and concealing forged and altered stamps of the United States with intent to defraud. The primary evidence of "possessing and concealing" consisted of numerous forged and altered stamps taken from respondent's one room office by Federal officers immediately after his arrest. The stamps were the product of a one and one-half hour search of the desk, safe and file cabinets in the office. The officers, though without a search warrant for the premises, made the arrest pursuant to a valid warrant. Respondent protested the search, and this protest was renewed by motions …

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Forensic Persuasion, Arthur T. Vanderbilt Sep 1950

Forensic Persuasion, Arthur T. Vanderbilt

Washington and Lee Law Review

No abstract provided.

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Common Law Pleading Modified Versus The Federal Rules, Marlyn E. Lugar Jun 1950

Common Law Pleading Modified Versus The Federal Rules, Marlyn E. Lugar

West Virginia Law Review

No abstract provided.

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Constitutional Law-Due Process-Right Of Condemned Prisoner To A Hearing On Claim Of Supervening Insanity, Robert P. Griffin S.Ed. Jun 1950

Constitutional Law-Due Process-Right Of Condemned Prisoner To A Hearing On Claim Of Supervening Insanity, Robert P. Griffin S.Ed.

Michigan Law Review

Petitioner was convicted of murder in a Georgia court and sentenced to die by electrocution. He made application to the governor to postpone execution on the ground that he had become insane after conviction. The governor, acting under authority of a state statute, appointed three physicians who conducted an examination of petitioner and found him sane. Thereupon, petitioner filed a petition for a writ of habeas corpus in a state court contending that the due process clause of the Fourteenth Amendment entitled him to a hearing on his insanity claim before a judicial or administrative tribunal at which he could …

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Judgments - Double Jeopardy - Res Judicata - Effect Of Prior Conviction Or Acquittal On Subsequent Suit For Statutory Penalty Or Forfeiture, Edward W. Rothe S.Ed. Jun 1950

Judgments - Double Jeopardy - Res Judicata - Effect Of Prior Conviction Or Acquittal On Subsequent Suit For Statutory Penalty Or Forfeiture, Edward W. Rothe S.Ed.

Michigan Law Review

The case of United States v. One De Soto Sedan has again focused attention on some of the perplexing problems raised by the statutory imposition of both criminal and civil sanctions for the same wrongful act. The court held that an acquittal in a criminal prosecution for possessing liquor on which no federal tax had been paid was a bar to a civil in rem proceeding to forfeit claimant's car as having been used in the removal, deposit and concealment of the same liquor with intent to defraud the United States of taxes. Since the two proceedings involved the same …

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Soviet Socialism And Due Process Of Law, John N. Hazard Jun 1950

Soviet Socialism And Due Process Of Law, John N. Hazard

Michigan Law Review

An eminent American legal philosopher has recently written in the pages of this Review that Soviet leaders have discovered some ancient truths-namely, that some respect must be paid, sooner or later, to the principle of legality. In the light of various memoirs and disclosures of persons who have experienced or studied life in Soviet labor camps, such a statement invites incredulity. Can it have any basis in fact? Can it be possible that there is a dualism in Soviet practice, with one set of experiences supporting the conclusion that there is a trend toward legality and another set of experiences …

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Witnesses--Competence Of Defendant's Spouse As Witness For The Prosecution, William R. Worth S.Ed. Jun 1950

Witnesses--Competence Of Defendant's Spouse As Witness For The Prosecution, William R. Worth S.Ed.

Michigan Law Review

Defendant, on trial for the offense of transporting across state lines a sum of money exceeding $5,000 feloniously obtained by fraud, was convicted largely through the testimony of his victim. The fraud charged consisted of a lightning courtship and hasty marriage, closely followed by the disappearance of the new husband along with the entire estate of the too-gullible bride. Over the objection of the defendant, his wife was permitted to testify to the swindle practiced upon her. After conviction, he filed a motion for a new trial, contending that it was error to permit a wife to testify against her …

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Interstate Extradition And State Sovereignty, Eugene Cook May 1950

Interstate Extradition And State Sovereignty, Eugene Cook

Mercer Law Review

Since the first days of the Federal Union the problem of defining and delimiting the sovereignty of the states has occupied our courts, our Congress, and our legislatures, and, sadly, even at times our armies. The concept of dual sovereignty is an abstract one representing a compromise between the conflicting principles of local autonomy and national authority, and, like many another constitutional principle, it has occasionally been restated and rearranged to meet the demands of new and shifting governmental philosophies.

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Criminal Law-Confessions Obtained Prior To Commitment-What Constitutes Unreasonable Delay, B. J. George, Jr. May 1950

Criminal Law-Confessions Obtained Prior To Commitment-What Constitutes Unreasonable Delay, B. J. George, Jr.

Michigan Law Review

Defendants were arrested on suspicion of murder and questioned by police. Defendants confessed after being held incommunicado for some hours during the night, but were not arraigned until the following morning. The confessions were admitted in evidence and defendants found guilty. On appeal, held, affirmed. There had not been an unreasonable delay in producing defendants before a commissioner, because the length of time in hours was not unreasonable and because committing magistrates are not available late at night. Garner v. United States, (App. D.C., 1949) 174 F. (2d) 499.

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Mr. Justice Murphy And Civil Rights, Thurgood Marshall Apr 1950

Mr. Justice Murphy And Civil Rights, Thurgood Marshall

Michigan Law Review

There is constant danger that the unpopularity of an individual, or of the group of which he is a member, will be reflected in dealings with his rights by his neighbors or by the organized community. In America today this bias is most likely to stern from differences of race, origin, nationality, or religious or political belief. Prejudice may victimize an entire group or any of its members. Any charge of shocking or anti-social conduct against one who is already thus unpopular increases the likelihood of unfair treatment. Not only private citizens, but legislators, judges and administrative officers of government …

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The Intent Element In Contempt Of Injunctions, Decrees And Court Orders, Edward W. Rothe S.Ed. Apr 1950

The Intent Element In Contempt Of Injunctions, Decrees And Court Orders, Edward W. Rothe S.Ed.

Michigan Law Review

Recent years have seen increasing effort on the part of courts to distinguish between civil and criminal contempts. This effort has been engendered by an awareness of the different procedural and substantive aspects of the two classifications. A discussion of these aspects, as well as of the tests used to distinguish civil and criminal contempts, is beyond the scope of this paper. Suffice it to say that those tests which have been applied leave much to be desired. The lack of clarity, so evident in prevailing tests, is in part a legacy from early decisions which permitted the two types …

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The Rule Of Clear And Present Danger: Scope Of Its Applicability, Chester James Antieau Apr 1950

The Rule Of Clear And Present Danger: Scope Of Its Applicability, Chester James Antieau

Michigan Law Review

The rule of clear and present danger originated in 1919 in an attempt by Mr. Justice Holmes to formulate a principle for the limitation of liberty with a conscious, intelligent weighing of the opposed societal interests. In the Schenck case, the societal and individual interest in freedom of expression clashed with the societal interest in defense of the state. In conflicts of this kind the criterion has had its most frequent application. The societal interest in preservation of the state was adequately protected by application of the test in prosecutions arising under the Espionage Act of 1917, although Mr. Justice …

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Constitutional Law-Due Process-Use Of Extraneous Evidence In Determining Criminal Sentence, Colvin A. Peterson, Jr. S. Ed. Feb 1950

Constitutional Law-Due Process-Use Of Extraneous Evidence In Determining Criminal Sentence, Colvin A. Peterson, Jr. S. Ed.

Michigan Law Review

Petitioner was convicted of murder in the first degree with a recommendation for life imprisonment. In reliance on police and probation reports showing petitioner's background which included over thirty burglaries for which he had never been arraigned and a "morbid sexuality," the trial judge disregarded the jury's recommendation and imposed the death sentence. Although petitioner did not have an opportunity to examine the reports prior to the sentence hearing, he was represented by counsel at the hearing and did not challenge them at that time. Petitioner contended that he had been denied due process of law because his sentence had …

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Constitutional Law-Due Process-Right To Counsel In State Courts, Charles Myneder Feb 1950

Constitutional Law-Due Process-Right To Counsel In State Courts, Charles Myneder

Michigan Law Review

Petitioner was tried before a jury on a charge of larceny, convicted and sentenced to a penitentiary term. He did not request counsel, and the court made no offer to appoint counsel. In the course of the trial, petitioner was prejudiced by his failure to object to certain errors in evidence. In a petition for habeas corpus in the Supreme Court of Pennsylvania, he alleged denial of a constitutional right of counsel. On answer, it was averred that in petitioner's conduct of his own defense he displayed a "familiarity with legal process in the criminal courts." A transcript of petitioner's …

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Habeas Corpus-Inadequacy Of State Remedy, Joseph Gricar Jan 1950

Habeas Corpus-Inadequacy Of State Remedy, Joseph Gricar

Michigan Law Review

Petitioner had pleaded guilty to a criminal indictment and was sentenced to prison by an Illinois circuit court. His petition for a writ of habeas corpus, based upon an alleged denial of due process at trial, was denied without hearing. The Illinois Supreme Court in People v. Loftus, decided in 1949, seems squarely to have held that habeas corpus is a proper post-trial proceeding for hearing charges of denial of due process. Since the Illinois Supreme Court does not review habeas corpus proceedings in the circuit court, the United States Supreme Court granted certiorari. Held, remanded to the …

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Constitutional Law-Privilege Against Self-Incrimination-Waiver Under Compulsory Testimony Act, John A. Nordberg Dec 1949

Constitutional Law-Privilege Against Self-Incrimination-Waiver Under Compulsory Testimony Act, John A. Nordberg

Michigan Law Review

Smith, sole owner and officer of a clothing corporation, appeared before an OPA examiner in response to a subpoena to produce the corporate books. Under the Emergency Price Control Act these records were required to be kept and preserved. Smith said that the records were "destroyed, lost, or misplaced.'' Then, on claiming privilege against self-incrimination, he testified as to activities of the corporation and contents of the absent records. During the interrogation Smith made a long statement in partial summation of his testimony. When he finished, he was asked, ''This is a voluntary statement. You do not claim immunity with …

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Injunctive Law Enforcement: Leaven Or Secret Weapon, Frank E. Maloney Dec 1949

Injunctive Law Enforcement: Leaven Or Secret Weapon, Frank E. Maloney

Mercer Law Review

The historical development of English law resulted in the division of the law into three main branches: common law, equity, and criminal law. The common law as administered by the king's court developed into a rigid system of formal actions, with relief by way of money damages as the one remedy in personal actions. This development, together with the growth of highly technical rules of pleading, left many situations in which no adequate relief was available in those courts; and the resulting inflexibility of the system led to the growth of equity, under which the king's prerogative might be exercised …

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Courts-Martial--Jurisdiction Over Person Discharged And Re-Enlisted For Offense Committed During Prior Enlistment, J. D. Mcleod S.Ed. Dec 1949

Courts-Martial--Jurisdiction Over Person Discharged And Re-Enlisted For Offense Committed During Prior Enlistment, J. D. Mcleod S.Ed.

Michigan Law Review

Petitioner, a chief petty officer in the Navy was honorably discharged on March 26, 1946, and re-enlisted on the following day. In 1947, he was tried by court-martial and convicted of cruelty, during his prior period-of service, to persons subject to his orders. The District Court sustained his writ of habeas corpus on the ground that the court-martial had no jurisdiction; the Circuit Court of Appeals reversed. On certiorari to the Supreme Court of the United States, held, the court-martial had no jurisdiction to try petitioner for an offense committed prior to his discharge and re-enlistment. United. States ex …

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Appeal And Error-Eisler's Flight And The Case And Controversy Question, Albert B. Perlin, Jr. S.Ed. Nov 1949

Appeal And Error-Eisler's Flight And The Case And Controversy Question, Albert B. Perlin, Jr. S.Ed.

Michigan Law Review

The United States Supreme Court granted certiorari to review a federal court conviction on a charge of contempt of Congress. Pending determination of the appeal, appellant was released on bail and, after argument on the merits but before a decision had been rendered, he wrongfully fled the country. Subsequently the Attorney General notified the Court that appellant had been apprehended in England at the request of the Secretary of State and that a court of competent jurisdiction there found that appellant was not guilty of an extraditable offense under English law. The Court of its own motion then considered the …

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Constitutional Law-Due Process Of Law-Freedom From Unreasonable Search And Seizure-The Admissibility Of Illegally Seized Evidence, Bernard Goldstone S.Ed. Nov 1949

Constitutional Law-Due Process Of Law-Freedom From Unreasonable Search And Seizure-The Admissibility Of Illegally Seized Evidence, Bernard Goldstone S.Ed.

Michigan Law Review

Local police officers entered the private office of petitioner, a practising physician, without a warrant and seized his private books and records. As a result of the information thus obtained, petitioner was convicted of conspiracy to perform an abortion. Petitioner claimed that his constitutional rights were invaded contending that due process of law under the Fourteenth Amendment includes freedom from unreasonable search and seizure and prevents the admission of illegally seized evidence, but this was denied by the Supreme Court of Colorado and the conviction was affirmed. On certiorari to the Supreme Court of the United States, held, affirmed, …

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Evidence-Admissibility Of Evidence Of Deceased's Good Character In Homicide Case In Which Accused Relies On Self-Defense Sep 1949

Evidence-Admissibility Of Evidence Of Deceased's Good Character In Homicide Case In Which Accused Relies On Self-Defense

Washington and Lee Law Review

No abstract provided.

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Procedure-Availability Of Writ Of Habeas Corpus To Attack Validity Of Order Made By Court Without Jurisdiction Sep 1949

Procedure-Availability Of Writ Of Habeas Corpus To Attack Validity Of Order Made By Court Without Jurisdiction

Washington and Lee Law Review

No abstract provided.

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Acquisition Of Evidence By Search And Seizure, Mary Louise Ramsey Jun 1949

Acquisition Of Evidence By Search And Seizure, Mary Louise Ramsey

Michigan Law Review

What protection do the Fourth and Fifth Amendments afford against acquisition of evidence by search and seizure, actual or constructive? Does an individual have a constitutional privilege against the disclosure of records he is required by law to keep? May police officers search premises on which an arrest is made and seize contraband which they find there? A series of cases recently decided by a closely divided Supreme Court has enveloped this field in the same deep fog of uncertainty which now hangs over so many other areas of constitutional law. The unstable quality of these precedents is attested by …

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False Imprisonment - Liability For Illegal Arrest-Evidence, Frederick B. Price May 1949

False Imprisonment - Liability For Illegal Arrest-Evidence, Frederick B. Price

William and Mary Review of Virginia Law

No abstract provided.

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Constitutional Law-Search And Seizure As An Incident To Lawful Arrest, Zolman Cavitch May 1949

Constitutional Law-Search And Seizure As An Incident To Lawful Arrest, Zolman Cavitch

Michigan Law Review

Petitioners, suspected of carrying on an illegal lottery, had been under police observation for several months, during which time one of the petitioners maintained a room in a rooming house in the District of Columbia. On the day of the arrest, a police officer, without a warrant, but believing the unlawful lottery to be in operation, climbed through a window of the landlady's room, and admitted two other officers. They proceeded to the petitioner's room, where one of the officers looked through the transom. Seeing the petitioners working on an illegal lottery, the officers entered the room, arrested the petitioners …

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Evidence-Federal Criminal Procedure-Admissibility Of Confession Obtained During Illegal Detention, William F. Snyder S. Ed. May 1949

Evidence-Federal Criminal Procedure-Admissibility Of Confession Obtained During Illegal Detention, William F. Snyder S. Ed.

Michigan Law Review

Petitioner was arrested without a warrant on suspicion of larceny. He was held without commitment for a period of thirty hours during which he was intermittently questioned but was not subjected to any form of physical coercion. At the end of this period, he signed a confession which was the basis for his conviction in the district court. On certiorari to the United States Supreme Court, following affirmation in the court of appeals, held, reversed. The detention was unlawful as a violation of rule 5 (a) of the Federal Rules of Criminal Procedure, and the confession thus obtained was …

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Federal Courts-Granting Of New Trial On Initiative Of The Court, William F. Snyder S. Ed. May 1949

Federal Courts-Granting Of New Trial On Initiative Of The Court, William F. Snyder S. Ed.

Michigan Law Review

Following conviction for violation of a federal statute, petitioner was granted his release on a writ of habeas corpus by a federal district court, on the basis of uncontroverted testimony that his counsel had not been present when the jury returned its verdict. Within ten days of this release, a motion for rehearing was filed, supported by affidavits that his counsel actually had been present. On subsequent hearing, the court set aside its former order and remanded petitioner to custody, on the theory that his release was obtained by means of a fraud on the Court. The present action was …

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Federal Courts-Criminal Procedure-Effect Of Excusing Procedure On Composition Of Jury Panel, Robert P. Griffin Apr 1949

Federal Courts-Criminal Procedure-Effect Of Excusing Procedure On Composition Of Jury Panel, Robert P. Griffin

Michigan Law Review

Petitioner was found guilty of violating the Harrison Narcotics Act in the Federal District Court for the District of Columbia by a jury composed wholly of federal employees. During the course of voir dire examination, petitioner moved to strike the entire panel, asserting that it did not represent a proper cross-section of the community. This motion was denied. Petitioner exhausted his ten peremptory challenges, and, upon finding that only government employees remained on the jury, then challenged the jury as impaneled for cause. The challenge was overruled. Conviction was affirmed by the circuit court of appeals. On certiorari to the …

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Criminal Law-Procedure-Right Of Defendant To Inspect Grand Jury Minutes, L. W. Larson, Jr. Apr 1949

Criminal Law-Procedure-Right Of Defendant To Inspect Grand Jury Minutes, L. W. Larson, Jr.

Michigan Law Review

Defendant was indicted for murder by a grand jury. The trial court denied a motion by defendant requesting that the district attorney be ordered to furnish him with a transcript of the evidence offered before the grand jury. On appeal, held, affirmed. It was within the discretion of the trial court to grant or refuse the motion. Commonwealth v. Galvin, (Mass. 1948) 80 N.E. (2d) 825.

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