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Articles 11761 - 11790 of 12076

Full-Text Articles in Criminal Procedure

Criminal Law--Verdicts--Integration Of Finding Of Guilt And Recommendation Of Clemency, T. E. M. Mar 1949

Criminal Law--Verdicts--Integration Of Finding Of Guilt And Recommendation Of Clemency, T. E. M.

West Virginia Law Review

No abstract provided.

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Constitutional Law-Due Process-Federal Right To Counsel In Non-Capital Cases In State Courts, J. D. Mcleod Mar 1949

Constitutional Law-Due Process-Federal Right To Counsel In Non-Capital Cases In State Courts, J. D. Mcleod

Michigan Law Review

Petitioner was convicted in Illinois on pleas of guilty to two indictments charging him with a non-capital offense. On writ of error to the Supreme Court of Illinois, petitioner alleged that the trial court had not inquired into his desire or ability to have counsel and that he had been convicted without having had assistance of counsel. His contention that the circumstances alleged constituted a violation of the State and Federal Constitutions was overruled, and the judgments of the lower court affirmed. On certiorari to the United States Supreme Court, held affirmed. The due process clause of the Fourteenth Amendment …

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The Right To Kill In Resisting An Illegal Arrest, James L. Gibbs Mar 1949

The Right To Kill In Resisting An Illegal Arrest, James L. Gibbs

South Carolina Law Review

No abstract provided.

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Constitutional Law-Due Process-Right Of Prisoner Condemned To Death To Hearing On His Sanity, E. Blythe Stason Jr. Mar 1949

Constitutional Law-Due Process-Right Of Prisoner Condemned To Death To Hearing On His Sanity, E. Blythe Stason Jr.

Michigan Law Review

Petitioner, sentenced to death in California for murder, obtained a judicial stay of execution on the ground that he had become insane since sentence had been passed. Eighteen days later he was certified as sane by the medical superintendent of the state hospital, who made this determination by an ex parte examination without giving petitioner notice or opportunity of hearing. A new date for execution was then set. The applicable statute provided a procedure, enforceable by mandamus, whereby a sentenced prisoner could obtain a hearing on his sanity. The petitioner, without seeking mandamus to compel the warden to act, applied …

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Corporations-Forfeiture Of Charter-Criminal Act As A Ground Therefor, James A. Sprunk S. Ed. Mar 1949

Corporations-Forfeiture Of Charter-Criminal Act As A Ground Therefor, James A. Sprunk S. Ed.

Michigan Law Review

Plaintiff, a private citizen, brought a civil action for forfeiture of defendant's corporate franchise, alleging a violation of the Minnesota anti-trust statute. In addition to penal sanctions, the statute provided that any corporation violating its provisions "shall forfeit all of its corporate franchises," and, further, that any citizen may enforce the statute. Defendant contended that proceedings under this statute, a part of the criminal code, were criminal, and that a private citizen could not conduct a criminal prosecution. Held, forfeiture of a corporate charter is a civil consequence of violating the criminal statute; thus, a criminal conviction is not …

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Habeas Corpus-Federal Courts-Exhaustion Of State Remedies, E. W. Rothe, Jr. Mar 1949

Habeas Corpus-Federal Courts-Exhaustion Of State Remedies, E. W. Rothe, Jr.

Michigan Law Review

Petitioner's writ of habeas corpus, alleging denial of due process of law in violation of the Fourteenth Amendment, was quashed on the merits by an inferior Florida court whose action was affirmed without opinion by the Florida Supreme Court. It was impossible to ascertain whether the affirmance was on the merits or on the ground that, under Florida law, habeas corpus was not the proper procedure to raise the due process issue. A later decision by the Florida Supreme Court clearly established that the prior case had been decided on the merits of the constitutional question, and that habeas corpus …

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Use Of Confessions And Admissions Of A Codefendant In Washington, Charles W. Blicker Ii Feb 1949

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 …

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Criminal Law-Withdrawal Of A Plea Of Guilty, Andrew W. Lockton, Iii S.Ed. Feb 1949

Criminal Law-Withdrawal Of A Plea Of Guilty, Andrew W. Lockton, Iii S.Ed.

Michigan Law Review

Defendant pleaded guilty to a charge of statutory rape. After questioning him the court accepted his plea, and sentence was deferred pending an investigation by the probation and psychopathic departments. Before being sentenced, defendant requested that his plea be changed but did not deny that he was guilty. The court refused his request and sentenced him. Held, defendant should have been allowed to withdraw his plea of guilty. People v. Anderson, 321 Mich. 533, 33 N.W. (2d) 72 (1948).

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Book Review. Dession, G. H., Criminal Law, Administration And Public Order, Jerome Hall Jan 1949

Book Review. Dession, G. H., Criminal Law, Administration And Public Order, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

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Constitutional Law-Due Process-Right Of Accused To Writ Of Error Coram Nobis, Bernard L. Trott Jan 1949

Constitutional Law-Due Process-Right Of Accused To Writ Of Error Coram Nobis, Bernard L. Trott

Michigan Law Review

Petitioner, a nineteen year old Negro, was convicted of rape in a circuit court of Alabama. The conviction, largely predicated on a confession made by petitioner on July 3, 1946, to the local police, was affirmed on April 24, 1947, by the Supreme Court of Alabama. This petition was subsequently initiated before the Alabama Supreme Court seeking an order granting permission to petition the trial court for a writ of error coram nobis. The request was accompanied by an allegation that petitioner's confession had been induced by mental and physical torture administered by the local police. At no time during …

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Constitutional Law-Due Process-Right Of Alien Enemy To Judicial Review Of Deportation Proceeding, Robert P. Griffin Jan 1949

Constitutional Law-Due Process-Right Of Alien Enemy To Judicial Review Of Deportation Proceeding, Robert P. Griffin

Michigan Law Review

Petitioner, a German alien enemy, had been arrested and interned during the war by virtue of broad summary powers granted the Chief Executive by the Alien Enemy Act of 1798. The act subjects alien enemies to apprehension, detention, and deportation upon order of the President "whenever there is a declared war . . . . " Under authority of the act, the President, on July 14, 1945, ordered the removal of all alien enemies "who shall be deemed by the Attorney General to be dangerous to the public peace . . . . " Though the act makes no provision …

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Criminal Law-New Trial-Absence Of Accused From Trial Because Of Attorney's Negligence, Alan Goldstein Jan 1949

Criminal Law-New Trial-Absence Of Accused From Trial Because Of Attorney's Negligence, Alan Goldstein

Michigan Law Review

Defendant, represented by an attorney, was ordered, under an appearance bond, to appear at the November term of the court of general sessions to answer to an indictment for assault and battery with intent to kill. The indictment was not prepared during the November term, and at the end of the term the court ordered all those whose cases were not called to appear at the next term of court. At the February term defendant's case came up, but his attorney had apparently failed to read the court calendar, as neither the defendant nor the attorney knew that the trial …

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Right Of Accused To Assigned Counsel In Non-Capital Felony Prosecutions--Gholson V. Commonwealth, Norris W. Reigler Jan 1949

Right Of Accused To Assigned Counsel In Non-Capital Felony Prosecutions--Gholson V. Commonwealth, Norris W. Reigler

Kentucky Law Journal

No abstract provided.

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Joughin And Morgan: The Legacy Of Sacco And Vanzetti, Michigan Law Review Dec 1948

Joughin And Morgan: The Legacy Of Sacco And Vanzetti, Michigan Law Review

Michigan Law Review

A Review of THE LEGACY OF SACCO AND VANZETTI. By G. Louis Joughin and Edmund M. Morgan.

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Habeas Corpus-Federal Courts-Necessity Of Confinement Of Prisoner Within Territorial Jurisdiction Of The Court, Ralph Jay Isackson S.Ed. Nov 1948

Habeas Corpus-Federal Courts-Necessity Of Confinement Of Prisoner Within Territorial Jurisdiction Of The Court, Ralph Jay Isackson S.Ed.

Michigan Law Review

The Attorney General, respondent, after finding that petitioners, one hundred and twenty Germans, endangered the public peace and safety of the United States by their adherence to an enemy government, issued removal orders for their deportation. Petitioners, while confined at Ellis Island, New York, filed petitions for writs of habeas corpus in the District Court for the District of Columbia challenging the removal orders on the basis that they exceeded statutory authority for their issuance. Respondent moved to dismiss because petitioners were not confined in the District of Columbia. The district court granted the motion and the court of appeals …

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Constitutionality Of Criminal Statutes Containing No Requirement Of Mens Rea Oct 1948

Constitutionality Of Criminal Statutes Containing No Requirement Of Mens Rea

Indiana Law Journal

Criminal Law Note

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Constitutional Law--Due Process-Federal Restrictions On The Use Of Confessions In State Criminal Proceedings, F. L. Adamson Jun 1948

Constitutional Law--Due Process-Federal Restrictions On The Use Of Confessions In State Criminal Proceedings, F. L. Adamson

Michigan Law Review

Undisputed evidence established that petitioner, a negro boy of fifteen, was arrested at about midnight, October 19, 1945 and taken to police headquarters. He was questioned by the police with no friend or counsel present. He was not informed of his right to counsel or of his right to refuse to answer. At about five in the morning, October 20, he confessed. He was then informed of his rights and his statement taken and transcribed. He was photographed by a newspaper photographer, and then placed in jail. On October 23 he was, for the first time, taken before a magistrate …

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Criminal Procedure--Indictment--Offense Laid On A Date Subsequent To Indictment, L. H. B. May 1948

Criminal Procedure--Indictment--Offense Laid On A Date Subsequent To Indictment, L. H. B.

West Virginia Law Review

No abstract provided.

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Collateral Attack By Habeas Corpus Upon Federal Judgments In Criminal Cases, Frank A. Peters May 1948

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.

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Federal Courts-Rule 20 Of Federal Rules Of Criminal Procedure-Constitutionality, William B. Harvey May 1948

Federal Courts-Rule 20 Of Federal Rules Of Criminal Procedure-Constitutionality, William B. Harvey

Michigan Law Review

One of the few real innovations in the Federal Rules of Civil Procedure is incorporated in Rule 20 which provides that a defendant who is arrested in a district other than that in which the indictment has been returned may declare in writing his desire to plead guilty and waive trial in the district of the crime. In this event, with the approval of the United States Attornies for both districts, the clerk of the court to which the indictment was returned is authorized to forward the papers to the clerk of the court for the district in which the …

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Constitutional Law-Scope Of Reasonableness Of Search And Seizure Without Search Warrant Mar 1948

Constitutional Law-Scope Of Reasonableness Of Search And Seizure Without Search Warrant

Washington and Lee Law Review

No abstract provided.

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Procedure-Necessity Of Exhausting Peremptory Challenges Before Presenting Exceptions To Rulings On Challenges For Cause Mar 1948

Procedure-Necessity Of Exhausting Peremptory Challenges Before Presenting Exceptions To Rulings On Challenges For Cause

Washington and Lee Law Review

No abstract provided.

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Federal Courts--Rule 33 Of Rules Of Criminal Procedure--Power To Grant A New Trial After Affirmance, Irving Slifkin S.Ed. Mar 1948

Federal Courts--Rule 33 Of Rules Of Criminal Procedure--Power To Grant A New Trial After Affirmance, Irving Slifkin S.Ed.

Michigan Law Review

One John Memolo was convicted of tax evasion in the District Court of the United States for the Middle District of Pennsylvania. The defendant's motion for a new trial, on the ground of prejudicial conduct of the trial judge, was denied. He then appealed assigning as error all of the grounds stated in his motion and also the denial of the motion for a new trial. The circuit court of appeals affirmed the conviction. The sentence was executed and the defendant imprisoned in a federal penitentiary. Then the district judge reconsidered, and in the interest of justice directed that the …

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Jury-Effect Of Deviation From Statutory Procedure For Excusing Jurors, Jarrett R. Clark Mar 1948

Jury-Effect Of Deviation From Statutory Procedure For Excusing Jurors, Jarrett R. Clark

Michigan Law Review

In a prosecution for murder, a special venire was summoned and a list thereof served on the accused. On the day of trial, he learned for the first time that the trial judge had excused twenty-six of the seventy-four veniremen summoned. The excuses out of court violated a statute requiring that all requests for excuse be heard in open court. More than the minimum number of veniremen were present, and when it appeared that the original array might be exhausted thirty additional veniremen were called. Accused's motions to quash the jury panel and for a mistrial were overruled. On appeal …

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"Irresistable Impulse" As A Defense In Criminal Law: A Criticism Based On Modern Psychiatric Concepts, Howard D. Hoedemaker Feb 1948

"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 …

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Habeas Corpus-Use As A Remedy Where The Appeal Process Has Been Exhausted, W. Stirling Maxwell Feb 1948

Habeas Corpus-Use As A Remedy Where The Appeal Process Has Been Exhausted, W. Stirling Maxwell

Michigan Law Review

Kulick, a Jehovah's Witness, registered under the Selective Service Act of 1940 and, though he claimed an exemption as a minister, his local draft board classified him 1-A. After he had exhausted his administrative remedies to have this classification changed, he reported for induction, as ordered, but refused to take the oath. For this refusal he was convicted under the provisions of the act and, on May 7, 1945, sentenced to imprisonment for a term of years. On the ground that under the Supreme Court's decision of Falbo v. United States the local board's classification was not open to attack …

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Federal Courts - Rule 20 Of Federal Rules Of Criminal Procedure - Constitutionality, William Burnett Harvey Jan 1948

Federal Courts - Rule 20 Of Federal Rules Of Criminal Procedure - Constitutionality, William Burnett Harvey

Articles by Maurer Faculty

No abstract provided.

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Book Review. Criminal Procedure From Arrest To Appeal By Lester Bernhardt-Orfield, Elvis J. Stahr Jr. Jan 1948

Book Review. Criminal Procedure From Arrest To Appeal By Lester Bernhardt-Orfield, Elvis J. Stahr Jr.

Articles by Maurer Faculty

No abstract provided.

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New Trial--The Admissibility Of Jurors In Support Of A Motion For A New Trial In Kentucky, William H. Coldiron Jan 1948

New Trial--The Admissibility Of Jurors In Support Of A Motion For A New Trial In Kentucky, William H. Coldiron

Kentucky Law Journal

No abstract provided.

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Procedure Jul 1947

Procedure

Indiana Law Journal

Indiana Legislation, 1947

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