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Articles 11881 - 11910 of 12070

Full-Text Articles in Criminal Procedure

Criminal Law And Procedure - Power Of Appellate Court To Modify Sentence, Emma Rae Mann Nov 1937

Criminal Law And Procedure - Power Of Appellate Court To Modify Sentence, Emma Rae Mann

Michigan Law Review

It is generally conceded that when a sentence is illegal in the sense that it exceeds the maximum prescribed by statute, it may be modified by a reviewing court, although it is not clear that common-law courts were always regarded as having such power. Power to modify in such cases is now recognized in federal courts as well as in state courts. Quite another question arises when the sentence appealed from is within the limits allowed by law but is urged to be unduly severe. The decision in the recent case of Beckett v. United States that the federal circuit …

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Legislation--Service Of Process On Nonresident Motorists, Edmund C. Dickinson Jun 1937

Legislation--Service Of Process On Nonresident Motorists, Edmund C. Dickinson

West Virginia Law Review

No abstract provided.

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Constitutional Law- Right To Jury Trial - Petty Statutory Offenses, James H. Roberton Jun 1937

Constitutional Law- Right To Jury Trial - Petty Statutory Offenses, James H. Roberton

Michigan Law Review

The defendant was tried before the police court of the District of Columbia for selling, as a second-hand dealer, unused return-trip railroad tickets without a license, contrary to an Act of Congress. The act provides for a maximum penalty of $300 fine or ninety days in jail. The defendant was denied a jury trial. The Court of Appeals for the District of Columbia found the defendant entitled to a jury trial. On appeal to the United States Supreme Court, it was held by a majority of the Court, that the Federal Constitution does not guarantee the defendant a jury trial …

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Grand Jury - Power Of Court In Pennsylvania To Direct A General Investigation -Where No Specific Crime Charged, Michigan Law Review Apr 1937

Grand Jury - Power Of Court In Pennsylvania To Direct A General Investigation -Where No Specific Crime Charged, Michigan Law Review

Michigan Law Review

In a criminal case the judge of a Pennsylvania trial court was erroneously informed that the committing magistrate had discharged the accused's accomplices. The judge thereupon charged the magistrate with "fixing," but after investigation merely censured the latter for (1) failing to require bail in certain cases, and (2) remanding one defendant to a trial court without jurisdiction. The judge expressly said that he had no reason to believe the magistrate had acted from any corrupt motive. He nevertheless told a grand jury that a magistrate's violation of law had come to his attention and ordered the jury to investigate …

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Criminal Law And Procedure - Federal Courts - Reservation Of Power To Grant Probation After Sentence Begun, Virginia M. Renz Apr 1937

Criminal Law And Procedure - Federal Courts - Reservation Of Power To Grant Probation After Sentence Begun, Virginia M. Renz

Michigan Law Review

The defendant was convicted of a violation of the National Motor Vehicle Act and a sentence not exceeding one year was imposed, subject to reservation of a power to grant probation later. He served a portion of the sentence. Pursuant to an investigation and report by the probation officer, the defendant was released and put on probation for the remainder of his term. Held, that the district court, under the National Probation Act of 1925, had authority to reserve jurisdiction of the case and to release the defendant and put him on probation after he had served a portion …

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New Procedure Act Feb 1937

New Procedure Act

Indiana Law Journal

No abstract provided.

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Work Of England's Court Of Criminal Appeal, Arthur T. Vanderbilt Jan 1937

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 …

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Criminal Procedure--Arrest--Use Of Force In Making Arrest, John L. Davis Jan 1937

Criminal Procedure--Arrest--Use Of Force In Making Arrest, John L. Davis

Kentucky Law Journal

No abstract provided.

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The Multiple Consequences Of A Single Criminal Act, Frank Edward Horack Jr. Jan 1937

The Multiple Consequences Of A Single Criminal Act, Frank Edward Horack Jr.

Articles by Maurer Faculty

No abstract provided.

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Constitutional Law - Federal Criminal Procedure - Short Form Indictment, James H. Roberton Jan 1937

Constitutional Law - Federal Criminal Procedure - Short Form Indictment, James H. Roberton

Michigan Law Review

It is the purpose of this comment to discuss the validity under the Federal Constitution of an indictment, drawn in accordance with the proposed code, which would merely accuse the defendant of having committed some kind of "offense," and would leave the particulars of the offense to a bill of particulars.

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Trials-Right To "Public Trial"-Power Of Judge To Exclude General Public, Francis T. Goheen Jan 1937

Trials-Right To "Public Trial"-Power Of Judge To Exclude General Public, Francis T. Goheen

Michigan Law Review

Convinced of the desirability of such action, a judge, conducting the trial of a criminal case, wishes to clear the court room of all or a portion of the spectators. To what extent may he legitimately do so? He is necessarily limited by the provision in the constitution of almost every state and in the Sixth Amendment of the Constitution of the United States that in "all criminal prosecutions the accused shall enjoy the right to a speedy and public trial." The extent to which the trial court may go in clearing the court room has been most often tested …

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The Problem Of Jury Instructions, Haymond Maxwell Dec 1936

The Problem Of Jury Instructions, Haymond Maxwell

West Virginia Law Review

The question of instructions to juries is a perennial problem with practitioners and judges. Having in mind the seriousness of this subject, the Judicial Council of West Virginia, some months ago, formulated a program for thorough investigation and consideration of the instructions enigma. In response to the council's request that it render assistance in the matter, the faculty of the College of Law of West Virginia University caused to be made a synopsis of all the state statutes dealing with instructions. Only a few of the states have no such statutes. Virginia is among that small number. Though I am …

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Evidence -- Competency Of Wife To Testify Against Husband--Rules Of Evidence In Federal Court, Philip A. Hart Dec 1936

Evidence -- Competency Of Wife To Testify Against Husband--Rules Of Evidence In Federal Court, Philip A. Hart

Michigan Law Review

The defendant was convicted of transporting a female in interstate commerce for immoral purposes. Over the defendant's objection the trial court permitted testimony against him to be given by the defendant's wife. This ruling he assigned as error but held a wife is competent as a witness against her husband. Yoder v. United States, (C. C. A. 10th, 1935) 80 F. (2d) 665.

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Evidence - Statutory Presumptions In Criminal Cases - Constitutionality - Due Process, Malcolm L. Denise Dec 1936

Evidence - Statutory Presumptions In Criminal Cases - Constitutionality - Due Process, Malcolm L. Denise

Michigan Law Review

Defendant admitted killing deceased with unlicensed pistol. The trial court instructed the jury pursuant to a statute which provided that in the trial of a person charged with committing or attempting to commit a felony against the person of another while armed with any firearm capable of being concealed upon the person, without having a license or permit to carry such firearm, the fact that he was so armed should be prima facie evidence of his intent to commit such felony. Upon objection that the statute was unconstitutional as depriving defendant of due process of law, the court held that …

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Criminal Law And Procedure - Non-Unanimous Verdicts - Constitutionality Nov 1936

Criminal Law And Procedure - Non-Unanimous Verdicts - Constitutionality

Michigan Law Review

An amendment to section 11, article 1 of the constitution of the state of Oregon permitted the concurrence of ten of the twelve jurors to control in criminal trials except in cases of murder in the first degree. It was claimed that this amendment discriminated against persons charged with second degree murder and in favor of those on trial for first degree murder, since in the latter case the jury could recommend life imprisonment which was the punishment prescribed in the former. The court held that there was no violation of the Fourteenth Amendment of the Federal Constitution. State v. …

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Criminal Law And Procedure - Habitual Criminal Act - Prior Convictions - Pleading And Trial Nov 1936

Criminal Law And Procedure - Habitual Criminal Act - Prior Convictions - Pleading And Trial

Michigan Law Review

The petitioner was charged with grand larceny and was convicted by a jury. The court thereafter made a finding that the petitioner had previously been convicted of two other felonies, and that he had served a term in the Kansas penitentiary for one felony and a term in the Missouri penitentiary for the other. On that finding and the verdict of the jury, the court sentenced the petitioner to life imprisonment under a Kansas statute which prescribed increased penalties for habitual offenders. Held, that the prior convictions need not be charged in the information and that the petitioner was …

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A Summary Of Criminal Appellate Reform, Lester B. Orfield Jun 1936

A Summary Of Criminal Appellate Reform, Lester B. Orfield

West Virginia Law Review

No abstract provided.

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The Right Of Appeal In Criminal Cases, Lester B. Orfield May 1936

The Right Of Appeal In Criminal Cases, Lester B. Orfield

Michigan Law Review

In the conduct of a criminal proceeding certain steps are regarded as essential. The accused must be brought before the court. There must be a preliminary investigation to insure that the case is one which should be prosecuted. Notice must be given to the accused of the offense charged. He must have an opportunity to prepare for trial, procure witnesses, and make needed investigations. He should have a speedy trial. He should have a fair trial before an impartial tribunal. Finally, there should be one review of the case as a whole by a suitable tribunal. The principle of a …

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Attachment And Garnishment--Property Of Prisoner In Hands Of Officer--Custodia Legis Feb 1936

Attachment And Garnishment--Property Of Prisoner In Hands Of Officer--Custodia Legis

West Virginia Law Review

No abstract provided.

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Criminal Law And Procedure--Insanity--Irresistible Impulse (Kleptomania) Feb 1936

Criminal Law And Procedure--Insanity--Irresistible Impulse (Kleptomania)

Michigan Law Review

In a prosecution for larceny, held that under a Minnesota statute evidence that defendant had an irresistible impulse to steal could not establish the defense of insanity. State v. Simenson, (Minn. 1935) 262 N. W. 638.

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Legal And Social Aspects Of Arrest Without A Warrant, Jerome Hall Jan 1936

Legal And Social Aspects Of Arrest Without A Warrant, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

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Edward Livingston And His Louisiana Penal Code, Jerome Hall Jan 1936

Edward Livingston And His Louisiana Penal Code, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

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Criminal Procedure--Right To Arrest Without A Warrant--Felonies, John Davis Jan 1936

Criminal Procedure--Right To Arrest Without A Warrant--Felonies, John Davis

Kentucky Law Journal

No abstract provided.

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Criminology And A Modern Penal Code, Jerome Hall Jan 1936

Criminology And A Modern Penal Code, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

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The Law Of Arrest In Relation To Contemporary Social Problems, Jerome Hall Jan 1936

The Law Of Arrest In Relation To Contemporary Social Problems, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

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The Doctrine Of Res Judicata As Applied To The Trial Of Criminal Cases, W. G. Mclaren Nov 1935

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 …

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Practice And Procedure - Reversal On Confession Of Error By Prosecutor Nov 1935

Practice And Procedure - Reversal On Confession Of Error By Prosecutor

Michigan Law Review

On appeal accused assigned as error the failure of the trial court to sustain his motion for a directed verdict of not guilty. The prosecutor, convinced by facts dehors the record of the innocence of the accused, confessed error. Held, confession of error does not per se justify reversal; the court must find error in the record. Parlton v. United States, (App. D. C. 1935) 75 F. (2d) 772.

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The Investigating Magistrate (Juge D'Instruction) In European Criminal Procedure, Morris Ploscowe May 1935

The Investigating Magistrate (Juge D'Instruction) In European Criminal Procedure, Morris Ploscowe

Michigan Law Review

For nearly five centuries the distinctive figure in the preliminary stages of European criminal proceedings has been the investigating magistrate, known in France as the juge d'instruction. Although temporarily eclipsed by the revolutionary reforms in France in 1791, he was soon re-established. In other European countries the juge d'instruction continued to be the central figure in the preliminary procedure through all the reforms achieved by the liberal movements of the nineteenth century. The investigating magistrate has remained a purely Continental institution. In theory and in practice he embodies the essential difference between Continental and Anglo-American criminal procedure preliminary to trial.

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Criminal Law And Procedure - Right Of Accused To Be Present At Trial May 1935

Criminal Law And Procedure - Right Of Accused To Be Present At Trial

Michigan Law Review

In a prosecution for bank robbery, testimony of a witness which did not connect the accused with the crime and merely served to qualify the witness was received during the unnoticed and involuntary absence of the accused. No objection was made by the counsel for the accused who was present at the time. When the accused's absence was discovered, the motion of counsel that the cause be withdrawn from the jury was overruled and the court admonished the jury not to consider the testimony. Appellant contended that he had been denied a right and that therefore injury must be presumed. …

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Criminal Law And Procedure -Automobiles - Constitutional Law-Criminal Liability Of Owner Of Automobile May 1935

Criminal Law And Procedure -Automobiles - Constitutional Law-Criminal Liability Of Owner Of Automobile

Michigan Law Review

The recent decision of the Supreme Judicial Court of Massachusetts in the case of Commonwealth v. Ober has brought to the fore a serious administrative problem arising out of the enforcement of traffic regulations. The problem is particularly acute in the illegal parking cases. Here it is usually impossible for the policeman to do more than tag the car, take down its registration number, and institute proceedings against the registered owner. The difficulty also often occurs in many other situations such as driving through red lights or stop streets where the offense is observed by a patrolman standing near by …

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