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Articles 12001 - 12030 of 12064
Full-Text Articles in Criminal Procedure
Bail After Conviction
Michigan Law Review
On a question of bail before indictment, the magistrate may inquire as to the guilt of the prisoner. After indictment he may in cases not capital look at the evidence upon which it is obtained. But at each step of the proceedings the grounds upon which the prisoner can be let to bail diminish, as the evidence of his guilt increases; because bail is not based upon the grace or favor of the court, but solely upon the doubt which may exist as to his guilt. After conviction and sentence, his claims to be let to bail are further diminished; …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
The Right To A Jury Trial In West Virginia, L. C.
The Right To A Jury Trial In West Virginia, L. C.
West Virginia Law Review
No abstract provided.
Special Interrogatories To The Jury--Their Nature And Purpose--Court's Discretion Relative To Their Submission, G. D. H.
West Virginia Law Review
No abstract provided.
Book Review. Sayre, Francis Bowes (Ed.), A Selection Of Cases On Criminal Law, Ralph F. Fuchs
Book Review. Sayre, Francis Bowes (Ed.), A Selection Of Cases On Criminal Law, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Necessity Of Pleading Nonjoinder Or Misjoinder Of Parties In Abatement, L. C.
Necessity Of Pleading Nonjoinder Or Misjoinder Of Parties In Abatement, L. C.
West Virginia Law Review
No abstract provided.
Proposals For The Improvement Of The Administration Of Criminal Justice In Indiana, James J. Robinson
Proposals For The Improvement Of The Administration Of Criminal Justice In Indiana, James J. Robinson
Indiana Law Journal
No abstract provided.
Crimes-Improper Conduct Of Prosecuting Attorneys
Crimes-Improper Conduct Of Prosecuting Attorneys
Michigan Law Review
In a recent New York case, People v. Klvana (N'. Y. 1926) 150 N. E. 523, Hiscock, C. J. in commenting on the evidence was induced to remark, "We are aided in this analysis by the perfectly fair attitude of the district attorney who with a commendable conception of his duties presents this case to us neither attempting to exaggerate its strong points nor trying to obscure its weaknesses." That sort of remark is refreshing. It gives renewed faith in the honesty of the administration of our criminal laws and shows that the fundamental theory that it is as much …
Some Fossils Of Criminal Procedure, Lenn J. Oare
Some Fossils Of Criminal Procedure, Lenn J. Oare
Indiana Law Journal
No abstract provided.
Co-Operation Between The Judiciary And The Police, John B. Waite
Co-Operation Between The Judiciary And The Police, John B. Waite
Articles
"The problem in which I have been interested is the reason for the great disproportion between the number of arrests by the police and the number of convictions resulting...." Professor Waite expresses his opinion that judges occasionally thwart police in their lawful activities out of distrust or ignorance of police practices by capriciously interfering with criminal procedure.
Irresistible Impulse And Criminal Liability, John Barker Waite
Irresistible Impulse And Criminal Liability, John Barker Waite
Michigan Law Review
Do you believe in free-will, or mechanistic determinism, or fore-ordination, or fatalism? What do you mean by 'irresistible impulse'? What is the purpose of this prosecution against which you advocate, or deny, irresistible impulse as a defense; and just what do you mean by 'defense'? If, instead of one question, "is irresistible impulse a defense", we should ask these other questions of counsel, judge and medical expert, how often would their answers be in accord? Yet the one question can never be intelligently discussed in the absence of certainty and agreement as to the other premises. There are certain combinations …
Trial--Improper Conduct--Argument And Remarks Of Counsel--Reversible Action, C. M. L. Jr.
Trial--Improper Conduct--Argument And Remarks Of Counsel--Reversible Action, C. M. L. Jr.
West Virginia Law Review
No abstract provided.
Trial Practice--Duty Of The Court To Instruct The Jury In The Absence Of A Request For Instructions
Trial Practice--Duty Of The Court To Instruct The Jury In The Absence Of A Request For Instructions
Michigan Law Review
A series of cases recently decided in Georgia brings to mind the interesting question as to whether the court is bound to give instructions upon the law of the case in the absence of a specific request therefor. See Slocumb v. State, 157 Ga. 131; Fort v. State, 121 S. E. 128; Hatfield v. State, 121 S. E. 129; Walker v. State, 121 S. E. 130; Bullard v. State, 121 S. E. 130; Coney v. State, 121 S. E. 132, and Riggs v. State (1924) 121 S. E. 142. In none of these cases …
Injunction Against Execution Of Criminal Judgment
Injunction Against Execution Of Criminal Judgment
Michigan Law Review
Sometime in 1921 or 1922 one Ullah Mohammed, an Afghan, unable to speak or understand English, was convicted of murder in the first degree in the Sonoma county court, of California. The evidence showed that he entered deceased's bed-room, fired a shot-gun at him, clubbed him over the head, and then cut his throat with a razor. An appeal was taken on the instructions as to self-defense and was summarily overruled. People v. Mohammed, 189 Cal. 429. Later a bill was filed in the superior court of San Francisco for an injunction to prevent Mohammed's execution. It was alleged …
Constructive Contempt Of Court
Constructive Contempt Of Court
Michigan Law Review
The recent case of Craig v. Hecht (1923) 44 Sup. Ct. Rep. 103, aroused an extraordinary amount of interest among laymen, and involved some legal questions of importance to lawyers; but perhaps its most significant result was the opportunity it afforded the legal profession to observe the popular attitude of hostility toward certain phases of judicial administration which lawyers are habitually inclined to overlook.
Venue--Jurisdiction In Criminal Cases
Venue--Jurisdiction In Criminal Cases
Michigan Law Review
In a recent case in Oklahoma the defendant was prosecuted for bigamy, under a statute which read as follows: "It shall be unlawful for either party to such divorce to remarry any other person within six months from the degree of divorcement. * * * Any person marrying contrary: to the provisions of this statute shall be deemed guilty of bigamy, and such marriage shall be absolutely void." The defendant remarried in another state and returned to Live in Oklahoma. The court held that it had no jurisdiction. Jennings v. State, 17 Okla. Cr. R. 698.
Criminal Appeals In Southern States
Criminal Appeals In Southern States
Michigan Law Review
The attitude of American courts of last resort toward criminal convictions in the lower courts would be expected to have a pronounced effect on the number of appeals resorted to and the general respect of lawyers and criminals for decisions in original proceedings. The willingness of our supreme courts to hear appeals on technical and illusory grounds has often been compared most unfavorably, as in 51 AM.. L. REV. 239, with the informality and efficiency of appeals in other Anglo-Saxon countries. See, for example, 7 JOUR. OF CRIM. LAW, 17. Dean Roscoe Pound is quoted in 2 JOUR. OF CRIM. …
Abolish The Jury, J. C. Mcwhorter
Practice And Procedure--Instruction To Juries--Credibility Of Witnesses, R. G. K.
Practice And Procedure--Instruction To Juries--Credibility Of Witnesses, R. G. K.
West Virginia Law Review
No abstract provided.
Comments On Decisions In Criminal Cases In 1922, John Junior Howe
Comments On Decisions In Criminal Cases In 1922, John Junior Howe
Kentucky Law Journal
No abstract provided.
Insanity And Drunkenness As A Criminal Defense, G. W. Meuth
Insanity And Drunkenness As A Criminal Defense, G. W. Meuth
Kentucky Law Journal
No abstract provided.
Interstate Rendition, Henry S. Barker
Former Jeopardy, Roy Mitchell Moreland
The Burden On Particular Defenses In Criminal Cases
The Burden On Particular Defenses In Criminal Cases
Michigan Law Review
If it needs be that excuses be given for further discussion of this hoary question of burden of proof, they may be found in the fact that courts provoke it by doing such unreasonable things. In State v. Morrison (S. C.), 113 S.E. 304, it is held that the burden of proof is on defendant to satisfy the jury that he acted in self-defense, and that if there is not a preponderance of the evidence in favor of the defendant on this issue, and in consequence he fails in this defense, yet that such evidence may be considered in determining …
Book Reviews, Edwin W. Patterson, Edson R. Sunderland, C E. Griffin
Book Reviews, Edwin W. Patterson, Edson R. Sunderland, C E. Griffin
Michigan Law Review
The title of this brilliant little volume might, more accurately, have been, "The Spirits of the Common Law," for it depicts the common law as the battleground of many conflicting spirits, from which a few relatively permanent ideas and ideals have emerged triumphant. As a whole, the book is a pluralistic-idealistic interpretation of legal history. Idealistic, because Dean Pound finds that the fundamentals of the 'common law have been shaped by ideas and ideals rather than by economic determinism or class struggle; he definitely rejects a purely economic interpretation of legal history, although he demands a sociological one (pp. io-ii). …
Criminal Procedure--Instructions To Juries--Weight Of Evidence, M. T. V.
Criminal Procedure--Instructions To Juries--Weight Of Evidence, M. T. V.
West Virginia Law Review
No abstract provided.
Due Process And Punishment, Clarence E. Laylin, Alonzo H. Tuttle
Due Process And Punishment, Clarence E. Laylin, Alonzo H. Tuttle
Michigan Law Review
To threaten such a man with punishment," wrote Sir James .LFitzjames Stephen,' "is like threatening to punish a man for not lifting a weight which he cannot move."
Practical Operation Of The Jury Law, S. D. Rouse
Practical Operation Of The Jury Law, S. D. Rouse
Kentucky Law Journal
No abstract provided.
Documents And Their Scientific Examination, Victor H. Lane
Documents And Their Scientific Examination, Victor H. Lane
Reviews
Professor Lane's short review of a "little work" that touches on "the composition and behavior of inks, pencil pigments, sealing wax, and other writing materials in connection with their use upon documents." Lane feels that "A study such as this is of material importance in presenting expert evidence in civil and criminal cases..."
Proposed Procedural Reform, Hugh Evander Willis
Proposed Procedural Reform, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.