Dodging Mistrials with a Mandatory Jury Inquiry Rule

This Comment considers the concept of a jury inquiry and concludes that, with a mandatory jury inquiry rule, judges will ensure that the public ends of justice are met before a mistrial is declared. Part II of this Comment examines the United States v. Razmilovic trial to give a concrete example of how a jury inquiry would have prevented a hastily declared mistrial. Part III.A examines the circuit trend regarding the definition of manifest necessity. Toward the end of the 1970s, many circuits began to opine that jury inquiries were important when attempting to determine whether there was manifest necessity, especially where juries were apparently deadlocked. Part III.B demonstrates how the trend has solidified, in some circuits, into a mandatory rule that requires a judge to inquire into the status of the jury prior to declaring a mistrial. Part III.C also considers cases from circuits that have rejected the mandatory rule and examines the rationale behind such decisions. Part IV looks into the practicality of jury inquiries. Part IV.A asks whether a mandatory jury inquiry rule should be limited to only multiple defendant cases. Part IV.B considers the form that the rule should take: whether the inquiry should be performed individually or collectively and whether in open court or out of court. Part IV.C sets forth the instruction that a trial judge should use in conducting the inquiry. And Part IV.D once more sets forth the language of the rule as it should be written in the Federal Rules of Criminal Procedure. Part V concludes by revisiting the Razmilovic case and reconsidering the trial as if a mandatory jury inquiry rule had been in effect

Dodging Mistrials with a Mandatory Jury Inquiry Rule

This Comment considers the concept of a jury inquiry and concludes that, with a mandatory jury inquiry rule, judges will ensure that the public ends of justice are met before a mistrial is declared. Part II of this Comment examines the United States v. Razmilovic trial to give a concrete example of how a jury inquiry would have prevented a hastily declared mistrial. Part III.A examines the circuit trend regarding the definition of manifest necessity. Toward the end of the 1970s, many circuits began to opine that jury inquiries were important when attempting to determine whether there was manifest necessity, especially where juries were apparently deadlocked. Part III.B demonstrates how the trend has solidified, in some circuits, into a mandatory rule that requires a judge to inquire into the status of the jury prior to declaring a mistrial. Part III.C also considers cases from circuits that have rejected the mandatory rule and examines the rationale behind such decisions. Part IV looks into the practicality of jury inquiries. Part IV.A asks whether a mandatory jury inquiry rule should be limited to only multiple defendant cases. Part IV.B considers the form that the rule should take: whether the inquiry should be performed individually or collectively and whether in open court or out of court. Part IV.C sets forth the instruction that a trial judge should use in conducting the inquiry. And Part IV.D once more sets forth the language of the rule as it should be written in the Federal Rules of Criminal Procedure. Part V concludes by revisiting the Razmilovic case and reconsidering the trial as if a mandatory jury inquiry rule had been in effect

ADOPTION - RIGHT OF INHERITANCE IN ABSENCE OF LEGAL ADOPTION-SPECIFIC PERFORMANCE OF CONTRACT TO ADOPT AND OTHER REMEDIES

Adoption was unknown at common law. Modern statutes permitting adoption are largely derived from Roman ideas, which were introduced into this country first through the civil law of Louisiana and later by statutes, beginning with Massachusetts in 1851. Under the English common law, the only persons capable of inheriting property were blood relations of the deceased. On the other hand, most modern adoption statutes permit inheritance by adopted children equally with natural children. Adoption being purely statutory, the early cases denied the right of inheritance by supposedly adopted children when the statute was not strictly followed. Though still purporting to require strict compliance with the adoption statutes, equity has evolved a remedy during the last sixty years which, in effect, allows a supposedly adopted child to claim the property of the deceased. This remedy is a decree of specific performance of a contract to adopt

CONSTITUTIONAL LAW-INTERSTATE COMMERCE--VALIDITY OF STATUTE REQUIRING COLLECTION OF USE TAX BY OUT-OF-STATE VENDOR ENGAGED SOLELY IN INTERSTATE COMMERCE

Plaintiff, a Tennessee corporation, sued to recover taxes paid under protest pursuant to the Mississippi Use Tax Act. The act required collection by retailers maintaining a place of business in the state, which phrase was defined as including any retailer having any agent operating within the state. Plaintiff\u27s salesmen, nonresidents of Mississippi, solicited orders for goods within that state. Acceptance of the orders and delivery to an interstate carrier were at plaintiff\u27s home office in Tennessee. Held, insofar as the act requires a nonresident vendor to collect the tax, it violates the due process clause of the Fourteenth Amendment. Two justices dissented. Reichman-Crosby Co. v. Stone, (Miss. 1948) 37 s. (2d) 22

Herpes zoster in the radial nerve distribution in an 8 years old healthy child-a case report

Varicella zoster is an omnipresent virus which commonly affects childhood as chicken pox. Although the primary infection is self-limiting and seldom severe, the virus remains dormant in the body. The virus resides in the dorsal root or cranial nerve ganglion and reactivation may occur years later as herpes zoster or "Shingles". Herpes zoster (HZ) can occur at any age but is rare in childhood and adolescents. Old aged and immunosuppressed subjects are at risk for developing the disease. The most common area involved in HZ is the trunk (dermatomes innervated by the thoracic nerves) and rarely presents exclusively in the upper extremity. We report a case of HZ isolated to the radial nerve distribution in a healthy 8 years boy. The reported case reveals the importance of considering zoster infection in young age, or uncommon sites when evaluating the onset of pain in a dermatomal distribution specially if associated with vesiculobullous rash

Bering Sea deep circulation: Water properties and geopotential

Deep temperature and silicate data from the Bering Sea demonstrate patterns that are consistent and allow inference of near-bottom circulation. The cold source water enters Kamchatka Strait and mainly moves toward the southeast through a narrow topographic gap and into Bowers Basin. There is also a narrow, coherent flow eastward, and eventually southeastward, near the steep flank of Bowers Ridge. At levels ~100–300 m above the bottom, there is a suggestion of upward motion near the margins of much of the deep Bering Sea. Near-bottom geopotential gradients, referred to 3000 db, are in agreement with flow inferred from water properties

A study of some facts and qualifications of Kansas State College home study students

Call number: LD2668 .T4 1951 M67Master of Scienc

The farcical elements in selected comedies of Moliere

Call number: LD2668 .T4 1965 M835Master of Scienc

A proposed course in occupations based upon the present status of courses and upon experimentation

LD2668 .T4 1939 M61Master of Scienc