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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.

Prohibition And The Doctrine Of The Weeks Case, Thomas E. Atkinson

Michigan Law Review

One of the most disputed present day questions is whether evidence obtained in violation of constitutional guarantees against unreasonable searches and seizures should be admissible. The case of Weeks v. United States is perhaps the leading authority upon the proposition that evidence procured by officers through unreasonable search is not admissible. The holding may be justified upon how theories, vis., (1) that the admission of the evidence substantially violates the rule against self-incrimination in the Fifth Amendment, (2) that the exclusion of the evidence is the only practical means of enforcing the guarantee against unreasonable searches and seizures.

Crimes-Arrest-Reasonable Cause To Believe

Michigan Law Review

The admission of evidence was objected to, in a recent case, on the ground that it had been illegally secured. Officers had arrested the defendant without a warrant, on a charge of illegally transporting liquor. He was in fact guilty of the offense for which arrested, but contended that the evidence secured by the arrest could not be used. The circuit court of appeals phrased the issue thus : ''Was there probable cause for the officers to believe (that the felony was being committed), or were the facts sufficient to give rise merely to a suspicion thereof? If the former, …

Constitutional Law-Restricting Liberty Without Due Process Of Law-Extorted Confessions

Michigan Law Review

Of recent years the administration of criminal justice has increased many-fold, owing to the constantly increasing size of our great cities and the period of growing social unrest in which we find ourselves. Public opinion has demanded a more effective mode of dealing with those who break the law with seeming impunity. In view of this attitude it is only natural that in a particularly baffling crime the police should seek to obtain some clue of the criminals by grilling suspects. This has resulted in many cases in acts which to say the least are over-zealous. In a recent case …

Review Of Criminology, By E. H. Sutherland, John B. Waite

Reviews

Professor Waite muses that "It seems rather unfair for a lawyer to review a textbook on criminology, especially as the author himself says, and quite truly, 'Little attention has been paid by law schools, lawyers, or judges to the improvement of the criminal law....'"

Happily: "...[T]he reviewer finds nothing but good to say of the book" (once he gets past how thin the paper is) and gives the reader a generous listing of chapters in the first paragraph.

Resistance To Illegal Arrest

Michigan Law Review

Precisely how far an individual may go in resisting an illegal arrest either by an officer or a private citizen, is a question which is of vital importance to the citizen and police officials and one which the courts have not definitely settled. Personal liberty is so esteemed that under certain circumstances one should have the right to resist, to some extent at least, any unlawful interference therewith. But as Beccaria says in his CRIMES AND PUNISHMENTS, "It is a false idea of utility which thinks more of the inconvenience of individuals than of the general inconvenience". Translation by James …

Fishing Expeditions By Commissions, John Leland Mechem

Michigan Law Review

Can Congress, under the Commerce Clause of the Constitution, delegate visitorial powers over private corporations engaged in interstate commerce, to the extent of granting unlimited and unrestricted examination and inspection of private papers and effects, with the right to copy them?

Arrest Without A Warrant, Horace L. Wilgus

Michigan Law Review

Aiding in Arrest: An officer having authority to make an arrest may, orally or otherwise, call upon any citizen to aid him, and in emergencies, such as riots, mobs, etc., may raise the posse comitatus, or power of the county to help him; or the military force of the county may be called out if necessary. It is immaterial whether the officer acts under a warrant, or under his authority without a warrant; or whether the offense is a felony, or a misdemeanor, or an original arrest or recapture; or whether the person arrested is innocent or guilty, …

Arrest Without A Warrant, Horace L. Wilgus

Michigan Law Review

We shall now consider the circumstances under which a person (D) may be arrested for treason (T), or felony (F), or breach of the peace (BP), or other misdemeanor (M), or breach of a city ordinance (BO), without a warrant, by a private citizen (C), or a peace officer (O), prior to, at the time of, or after the commission of the offense. It is assumed that O acts within his territorial jurisdiction.

Arrest Without A Warrant, Horace L. Wilgus

Michigan Law Review

The word arrest comes from the Latin through the French, and literally means to stop, stay or restrain. In law it relates to restraints upon a person's liberty of locomotion, movement from place to place. To require one to keep her mouth shut is not an arrest, even if wrongful. Every detention or "confinement of the person is an imprisonment, whether it be in a common prison, or private house, or in the stocks," or in the open street or elsewhere. Where codes define false imprisonment "as the unlawful violation of the personal liberty of another," the gist of the …

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

Search And Seizure--Reasonableness

Michigan Law Review

Prohibition has rendered more than ever acute the problem of law .enforcement. Search for and seizure of contraband liquor as forfeited to the state is a very essential part of enforcement, and there is immediately raised the question: What constitutes a legal search and seizure?

The recent decision of the Michigan Supreme Court in People v. Case (Mich., 1922), 190 N. W. 289, may well serve as a starting point. There, officers without permission and without warrant entered defendant's automobile truck as it stood upon a public fair-ground, searched and found liquor therein, and arrested defendant when he appeared and …

Effect Of Improper Acts After A Lawful Arrest

Michigan Law Review

For our purpose we shall not consider the results which may follow an attempt to arrest, lawful or unlawful, where the party flees or resists; nor those following an illegal arrest which is effected without resistance. In the case of an attempt to arrest there is no end of possible situations and the rules of law are legion; an illegal arrest without resistance renders the officer liable only in damages for false imprisonment, McCullough v. Greenfield, 133 Mich. 463. While misunderstandings between the parties are less likely to occur, and the rights and duties of each are more easily …

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

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."

New Probation Law Of Michigan, Charles B. Collingwood

Michigan Law Review

Nothing connected with the work of a circuit judge demands more thoughtful consideration or occasions him more anxiety than the punishment to be meted out to the men and women who have violated the laws of the state. In almost every other matter there is an opportunity for review by an appellate court. Where litigants differ widely from the decision of the circuit court it is altogether likely that there will be an appeal and the matter will be finally adjudicated by another court. But from the sentence given to one who has plead guilty, or has been found guilty …

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Army and Navy--Enlistment of Minor--Discharge; arrest--Authority to Arrest Without Warrant--"In His Presence"--"Within His Immediate Knowledge"; Bankruptcy--The Right of a Wife to Recover an Equitable Claim Against Her Husband's Estate in Bankruptcy; Bankruptcy--Title of Trustee as Against Unrecorded Contract of Conditional Sale--Effect of Amendment of 1910; Banks and Banking--Entry of Deposit for Collection--Insolvency of Banks Agent; Bills and Notes--Stipulations for Attorney's Fees--Validity; Corporations--Sale by Corporation to Sole Stockholder--Notice; Criminal Law--Adjournment of Court to House of a Sick Witness; Criminal Law--Error in Admission of Evidence; Damages--Breach of Contract to Carry Dead Body; Damages--Denial of Recovery for Mental Suffering Under Statute; Equity--Equitable Set-Off …

Note And Comment, Clarence E. Eldridge, Ben H. Dewey, Mckee Robison

Michigan Law Review

Limitation of the Amount of the Common Carrier's Liability--Hepburn Act; Surety's Right to Exoneration; Protection of Rights of Bona Fide Purchasers of Personal Property; The Time at Which a Political Aspirant Becomes a Candidate Within the Meaning of the Modern Primary Election Law; When are Letters Written by a Husband to His Wife Not Privileged?

Prosecuting And District Attorneys, Henry M. Bates

Book Chapters

Professor Bates defines his subject matter "Prosecuting and district attorneys are judicial officers of the state, within their respective districts, although not officers of the state at large. Under some statutes they are county officers, while under others they are not, but are circuit or district officers.... Like other attorneys, prosecuting and district attorneys are officers of the court; but they are not a part of the court because of their office." A two-page outline precedes the entry.

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Aliens - Right to Take Land by Descent - Loss of State's Right to Escheat; Bailment - Liability of Incidental Bailee; Bankruptcy - Preferences - Franchise Tax; Bankruptcy - Transfers Required to be Recorded - Preferences; Bills and Notes - Bona Fide Purchaser - Notice of Want of Power in Transferrer; Bills and Notes - Unrestricted Negotiability of Bills of Lading; Constitutional Law - Commerce Clause - Statute Relating to Interstate Carriers as Employers; Constitutional Law - Indeterminate Sentence Law; Courts - Rules of Property - Stare Decisis; Criminal Law - Exclusion of Public from Trials; Criminal Law - Impeachment …

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bankruptcy--Action by Trustee--Right of Set-Off; Bills and Notes--forged Check--Payment--Recovery Back; Boundaries--Artificial Bodies of Water; Carriers--who are Passengers--Fraud in Securing Carriage; Corporations--Exclusive Privileges--Statutory Construction; Corporations--Penal Offense--Construction of Statute; Costs--change of Venue--Liability of County; Criminal law--Proximate Cause--Deposit of Obscene Matter in the Mail; Damages--Status of Dead Bodies--Mutilation--Mental Suffering; Easements--Adverse Possession--Color of Title; Eminent Domain--Telephone Poles in Highway--No Additional Burden; Equity--Injunction Against Prosecution; Evidence--Aliens--Burden of Proof in Deportation Proceedings; False Imprisonment--Joinder of Causes of Action; Garnishment--Liability of Executor; Homestead--alienation by Widow--Abandonment--Limitation of Actions; Insurance--Interest of Owner in Property--Sole and Unconditional Owner; Insurance--Sale of One Company to Another--rights of Policy-Holders and Agents of the …

Note And Comment, Edwin C. Goddard, Emiliano Gala, Willis Gordon Stoner, Henry M. Bates

Michigan Law Review

Liability of Principal for Mistake or Fraud of Agent; Contracts by Correspondence; The Police Power and city ordinances for the disposal of Garbage; Restriction Upon the Right of a Carrier to Deal in Commodities Transported by It;