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Full-Text Articles in Law Enforcement and Corrections

Criminal Law In Action- Carrying Concealed Weapons - Chicago Statistics, John Barker Waite Nov 1933

Criminal Law In Action- Carrying Concealed Weapons - Chicago Statistics, John Barker Waite

Michigan Law Review

Lawyers are beginning to recognize, though slowly, that enforcement and administration of law are affected more by the psychological conditioning and the character of its administrators than by the content of the law itself. This basis of difference is well demonstrated by some data of Chicago criminal court operations as compared with similar proceedings before Detroit judges.


Public Policy And The Arrest Of Felons, John Barker Waite Apr 1933

Public Policy And The Arrest Of Felons, John Barker Waite

Michigan Law Review

Under the judicial rulings of a score of States, it may happen that a man is arrested for the crime of carrying concealed weapons, that irrefutable evidence of guilt is found upon him, and that he nevertheless evades conviction and punishment because the courts will not permit the evidence to be used. It not only may happen; it does actually occur with shocking and incredible frequency. Yet oddly enough this practice appears to be in flat conflict with the statute law of some of those States and with the provisions of the model Code of Criminal Procedure recently approved by …


The County Convict Labor Statute, Charles H. Haden Feb 1933

The County Convict Labor Statute, Charles H. Haden

West Virginia Law Review

No abstract provided.


Indiana Criminal And Penal Legislation Respecting Women (Concluded), Daniel James Feb 1933

Indiana Criminal And Penal Legislation Respecting Women (Concluded), Daniel James

Indiana Law Journal

No abstract provided.


Criminal Law And Procedure - Searches And Seizures - Sufficiency Of Description In Warrant Feb 1933

Criminal Law And Procedure - Searches And Seizures - Sufficiency Of Description In Warrant

Michigan Law Review

Prosecuted for unlawful possession of liquor, defendant moved to suppress the evidence on the ground that the following description in the warrant, under authority of which the liquor was seized, fails sufficiently to describe the premises searched: " . . . on the northwest cor. in Block 'A,' Robinson Addition in the City or Town of Elk City (Cor. 9th and Oliver Sts. Beckham County, State of Oklahoma)." Block A was originally not subdivided and was without streets. It was later subdivided and 9th and Oliver Streets crossed near the center of the block. The house searched was on Lot …


Indiana Criminal And Penal Legislation Respecting Women, Daniel James Jan 1933

Indiana Criminal And Penal Legislation Respecting Women, Daniel James

Indiana Law Journal

No abstract provided.


Intoxicating Liquors-Statutory Construction-Forfeiture Of Conveyance Nov 1932

Intoxicating Liquors-Statutory Construction-Forfeiture Of Conveyance

Michigan Law Review

Cars in which liquor was imported were seized by the government. The operators were prosecuted for violation of the customs laws, and the government attempted to declare forfeiture of the cars under the customs laws. Lienors whose rights are not recognized under these laws intervened and claimed that forfeiture could be declared only under the National Prohibition Act which saves the rights of lienors. Held, in General Motors Acceptance Corp. v. United States, that forfeiture may be declared either under customs laws or the National Prohibition Act.


Arrest For Crime -The Law's "Crazy Business" Jun 1932

Arrest For Crime -The Law's "Crazy Business"

Michigan Law Review

In the Wilbur Day case, the facts as presented by Time indicate that Day was in truth guilty of the felony for which he was arrested. Under the statute, therefore, the arrest was lawful and the case should not have been dismissed. The defendant's attorney appears, unfortunately, to have misled the trial judge.


Judicial Examination Of The Accused-A Remedy For The Third Degree, Paul G. Kauper Jun 1932

Judicial Examination Of The Accused-A Remedy For The Third Degree, Paul G. Kauper

Michigan Law Review

In its report on "Lawlessness in Law Enforcement" the Wickersham Commission concludes that in the police systems of a number of American municipalities the "third degree" is very generally practiced as a means of extorting from accused persons under arrest confessions, incriminating statements, and other information of value to the police. The conclusion of the Commission confirms the results of private investigation made in the same field. It is true that the. methods of inquiry pursued by the Commission leave doubt as to the accuracy of some of the facts reported. But the quality of the evidence submitted as the …


Searches And Seizures - Allegations Necessary For Warrant May 1932

Searches And Seizures - Allegations Necessary For Warrant

Michigan Law Review

The defendant objected to the use in evidence of intoxicating liquor on the ground that it was seized during a search of his premises under an insufficient search warrant. Held, the search warrant was issued without a sufficient showing that reasonable and probable cause existed for the search, there being neither a positive allegation of facts in the affidavit for the warrant nor a hearing of evidence by the issuing magistrate. Smith v. State (Ind. 1931) 177 N. E. 898.


Bailments-Nature Of Relationship-Duty Of Bailee Apr 1932

Bailments-Nature Of Relationship-Duty Of Bailee

Indiana Law Journal

No abstract provided.


Assault And Battery-Police Officer-Third Degree Mar 1932

Assault And Battery-Police Officer-Third Degree

Indiana Law Journal

No abstract provided.


Equity-Injunctions - Enjoining Police Officers Mar 1932

Equity-Injunctions - Enjoining Police Officers

Michigan Law Review

The plaintiff asked for a temporary injunction restraining the defendant sheriff from raiding or otherwise interfering with a "marathon" dance contest conducted in a regularly licensed dance hall. No statute making such contests illegal was cited by the defendant. There was considerable evidence that the sheriff, who had formerly approved of the marathon, was using his authority to extort $5,000 from the plaintiff. Held, equity can restrain officers from extra-judicial condemnation by physical means, such as raids and continuous trespasses destroying the plaintiff's business, on the mere claim that the criminal law may be violated. Ruty v. Huelsenbeck (N. …


An Extravagant Account Mar 1932

An Extravagant Account

Michigan Law Review

A review of OUR LAWLESS POLICE. By Ernest Jerome Hopkins.


Report On The Cost Of Crime, Herbert F, Taggart Nov 1931

Report On The Cost Of Crime, Herbert F, Taggart

Michigan Law Review

The full title of the twelfth report of the National Commission on Law Observance and Enforcement is "Report on the Cost of Crime and Criminal Justice in the United States." A more descriptive title, suggested by the actual content of the report, would be "The Economic Consequences of Crime." The report constitutes a volume of 657 pages, of which the report proper covers 453 pages, and various appendices make up the balance. For the hasty reader the most essential parts are the first eight pages, constituting the Commission's comments, and the summary and recommendations, of Messrs. Goldthwaite H. Dorr and …


Reports Of The National Commission On Law Observance And Enforcement Nov 1931

Reports Of The National Commission On Law Observance And Enforcement

Michigan Law Review

The article section of this issue of the Law Review is devoted to a consideration of the work of the National Commission on Law Observance and Enforcement, commonly called the Wickersham Commission.


Preliminary Report On Observance And Enforcement Of Prohibition And The Report Supplemental Thereto, Edson R. Sunderland Nov 1931

Preliminary Report On Observance And Enforcement Of Prohibition And The Report Supplemental Thereto, Edson R. Sunderland

Michigan Law Review

The Commission on Law Observance and Enforcement was organized on May 28, 1929. Within six months it issued a Preliminary Report on Observance and Enforcement of Prohibition, under date of November 21, 1929, and shortly thereafter issued a Report supplemental thereto.


Report On The Enforcement Of The Prohibition Laws Of The United States, Albert E. Sawyer Nov 1931

Report On The Enforcement Of The Prohibition Laws Of The United States, Albert E. Sawyer

Michigan Law Review

An attempt will be made in this comment to state the important points in the Report, and to bring together the scattered references to the various groups of information contained in the third collection now being printed by the Senate and to outline very briefly in an appendix the principal relationships between this and the Commission's report. This last is offered in the hope that it may stimulate interest in a closer analysis of this mass of very useful information which might otherwise suffer neglect, not only because of its bulk, but also because of its lack of organization.


Report On Prosecution, Rollin M. Perkins Nov 1931

Report On Prosecution, Rollin M. Perkins

Michigan Law Review

The logical starting point was the discovery and restatement of existing knowledge and information on these subjects, and because of the tremendous mass of material which has appeared in the form of surveys and reports within the last decade and a half, it was deemed wise to enlist the services of an expert in such matters. The analysis which he has produced, let it be added, amply justifies the Commission in his selection.


Report On Lawlessness In Law Enforcement, John Barker Waite Nov 1931

Report On Lawlessness In Law Enforcement, John Barker Waite

Michigan Law Review

The first part of this Report offers taxpayers little return on their investment. All it even purports to do is to inform the public that the police throughout the country sometimes use intolerable, brutal methods to extract information concerning crime and occasionally keep arrested persons out of communication with lawyers and friends until they can be questioned at length. But of these facts the public was already convinced through newspaper and magazine. Indeed, the Report itself uses the widespread public knowledge of the evil as evidence of its existence. Yet, beyond this repetition of already accepted beliefs, the Report really …


Report On Police, John Barker Waite Nov 1931

Report On Police, John Barker Waite

Michigan Law Review

The Report begins: "The general failure of the police to detect and arrest criminals . . . has caused a loss of public confidence in the police of our country. For a condition so general there must be some universal underlying causes to account for it."


Report On Criminal Statistics, Lent D. Upson Nov 1931

Report On Criminal Statistics, Lent D. Upson

Michigan Law Review

Among the reports of the National Commission on Law Observance and Enforcement, probably none received so little public attention as that on criminal statistics. Statistics, even of the criminal variety, are dull at the best, and not calculated to whet the imagination. One murder may be the basis of a printed volume of gory details and misleading clues with everybody suspected from the parish curate to the author himself. But murders by the gross or bale leave all unmoved except the most hardened editorial commentator.


Report On The Enforcement Of The Deportation Laws Of The United States, E. Blythe Stason Nov 1931

Report On The Enforcement Of The Deportation Laws Of The United States, E. Blythe Stason

Michigan Law Review

This report is concurred in by nine of the eleven members of the Commission. Two members, Henry W. Anderson and Kenneth Mackintosh, file dissenting statements. The Report is accompanied by a thoroughly interesting research study of the administration of the deportation laws, prepared by Reuben Oppenheimer. Since this study constitutes the basis of the report, and since the majority of the Commission concur in the conclusions and recommendations set forth in it, the following remarks will deal primarily with the study itself.


Report On Penal Institutions, Probation, And Parole, Arthur Evans Wood Nov 1931

Report On Penal Institutions, Probation, And Parole, Arthur Evans Wood

Michigan Law Review

This Report consists of three main parts. The first is called the Commission's Report, and is signed by that body. The second, called the Report of the Advisory Committee to the Commission, is the work of a group which includes many of the most distinguished penologists of the country. The two reports cover much the same ground, they are about the same length, and, with one or two important exceptions, the recommendations and conclusions are the same. The third part is a brief statement entitled Police Jails and Village Lockups, prepared and written by Dr. Hastings H. Hart.


Constitutional Law-Police Power-Prohibition Of Manufacture Of Mattresses Of Shoddy Jun 1931

Constitutional Law-Police Power-Prohibition Of Manufacture Of Mattresses Of Shoddy

Indiana Law Journal

No abstract provided.


Convicts-Prison Made Goods-Indiana State Farm May 1931

Convicts-Prison Made Goods-Indiana State Farm

Indiana Law Journal

No abstract provided.


Constitutional Law-Due Process-Police Power-Junk Yards Mar 1931

Constitutional Law-Due Process-Police Power-Junk Yards

Michigan Law Review

The City of Ashland, Kentucky, acting under a specific power to license and regulate junk yards granted to it by the legislature under section 3058-2 Ky. Stat. (Carroll, 1922) passed an ordinance requiring applicants for licenses to operate junk yards within the city of Ashland. "to make and execute with the Clerk of the City of Ashland, Kentucky, a permit signed by the applicant providing that the Police Department * * * may inspect and search the said shop or place of business." The appellant complied with all other requirements, but refused to execute the permit: Because the clerk would …


Constitutional Law-Due Process-Reasonableness Of Police Regulation Mar 1931

Constitutional Law-Due Process-Reasonableness Of Police Regulation

Michigan Law Review

The New York Agriculture and Markets Law, (Cons. Law, c. 69), sec. 252, 253, required an annual license of all persons or corporations gathering milk from producers for manufacture or resale. This was to be issued only upon execution of a bond for at least $2,000, conditioned upon the compliance with this law and the prompt payment to producers for milk or cream bought by the gatherer. The commission, however, could by formal order relieve the gatherer from having to file this bond if satisfied as to the gather's solvency and probable ability to pay for milk purchased. In case …


Searches And Seizures-Right To Search A House As Incident To Lawful Arrest Mar 1931

Searches And Seizures-Right To Search A House As Incident To Lawful Arrest

Michigan Law Review

On a reasonable belief that the prohibition law was being violated, officers entered Marcucci's basement and arrested Marcucci and the other men present. On the table, when the officers entered, were several gallon jugs of wine, and several of the men were intoxicated. Observing that the door at the end of the passageway leading from the room was open, one of the officers investigated and found in the sub-cellar twenty-five barrels of wine. Also, noting a locked door in the sub-cellar, the officer requested the key of Marcucci who at first denied possession but finally produced it. In the closet …


Review: Criminology. By Fred E. Haynes, Arthur Evans Wood Mar 1931

Review: Criminology. By Fred E. Haynes, Arthur Evans Wood

Michigan Law Review

A Review of CRIMINOLOGY. By Fred E. Haynes