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Criminal Procedure

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Articles 571 - 572 of 572

Full-Text Articles in Fourteenth Amendment

Criminal Law And Procedure - Right Of Defendant To Accompany Jury On View-Due Process Dec 1934

Criminal Law And Procedure - Right Of Defendant To Accompany Jury On View-Due Process

Michigan Law Review

During the trial of appellant in the Massachusetts courts for murder the jury was sent to view the scene of the crime. The accused asked that he be allowed to accompany them, invoking the protection of the Fourteenth Amendment. Permission was refused. At the view, judge and counsel being present, a stipulation was entered into as to changes which had occurred since the crime. Upon conviction, appellant appealed to the United States Supreme Court asserting that there had been a denial of due process. Held, four justices dissenting, that there had been no denial of due process since no …


Due Process And Punishment, Clarence E. Laylin, Alonzo H. Tuttle Apr 1922

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."