PUBLIC POLICY AND THE ARREST OF FELONS

Authors

John Barker Waite, University of Michigan Law School

Abstract

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 American Law Institute. So far, no protest that the judicial practice is inconsistent with the statute law has been carried to final decision. But as the model Code is more widely adopted, contention that its provisions were intended to alter the existing practice and to prevent such evasions is certain to be heard. Thereby will be raised a difficult and abstruse question of constitutional law.

Recommended Citation

John B. Waite, PUBLIC POLICY AND THE ARREST OF FELONS, 31 Mich. L. Rev. 749 (1933).
Available at: https://repository.law.umich.edu/mlr/vol31/iss6/2