Index to Periodicals flrflcla on Topics of Legal Science and Relaled Subjects Asylum. "The Right of Asylum." By Robert A. Edgar. 18 Case and Comment 74
(July) “Although, in the absence of traty, one nation is not bound to deliver up fugitives to another, there is no princi le of international law to prevent its doing so 0 its own accord as a matter of comity or courtesy. And this has been done on numerous occasions. . . . "The United States has, on several occasions, recovered fugitives from other countries with which no extradition treaties existed, because they had been surrendered as an act of cour tesy.
"Extradition treaties covering the most im portant crimes have been negotiated with most
of the civilized nations of the earth. “Although there was some doubt about the matter at first. it may now be taken as settled doctrine that the surrender of a fugitive cannot be made by a state, but is a national act, and can only be done by the United States or by its orders. The United States may, however, by treaty or statute, confer such authority upon state ofli cials; and in the extradition treaty with Mexico of December 11, 1861, a limited authority was
conferred upon certain state oflicials in the border states." Aviation. “AerialJurisdiction." By George Grafton Wilson. American Political Science Review, v. 5, p. 171 (May).
tion and crossexamination of witnsses. In Stale v. Laird, 79 Kan. 681, upon complaint of the refusal of the trial court to permit cross examination ‘as fully as justice demanded.’ the court said: ‘An examination of the abstract shows that some of the grounds of complaint are ve technical and that the rulings of the court coiild not in any degree prejudice the rights of
the defendant.’ ' The opinion of the Court in this cax contains the following admirable sentiment: — "The pro r administration of justice and the prompt ispatch of pending business demand that time shall not unnecessarily be con sumed in the discussion of unimportant and frivolous questions or in the pram tation of immaterial or irrelevant testimony. Trial courts are charged with the duty of giving to every litigant a full and fair hearing, and at the same time of transacting business as rapidly as the roper administration of justice will per mit. o discharge this diihcult task requires patience, ment of rules forbearance which may and seem at times harsh theand enforce arbi trary." "Imperative Law Reforms." By Edward J. McDermott. Editorial Review, v. 5, p. 643
(J lily) “The greatest hindrances to justice in our criminal courts are the following: — “(1) Unpunished perjury, the natural loss of witnesses by delay, and the systematic and corru t dis rsal of important witnesses from the ace 0 trial; “(3) The refusal of courts to compel a defend ant to produce documents or other physical
"It would seem wise therefore to start from
the premise that air above the high seas and territory that is rer nullius is free, while other air is within the jurisdiction of the subjacent state, ‘and that the exceptions to this rule are such only as by common usage and public policy
things that may make his guilt clear; "(3) The abuse of expert testimony;
“(4) Reversals in appellate courts on the ground of petty technical errors in mere procedure; “(5) Maudlin sympathy for the accused in have been allowedI in order to preserve the peace conspicuous cases on the part of the public or and harmony of nations and to regulate their of the low or semi-criminal classes that hang intercourse in a manner best suited to their about the courts during exciting trials; and the dignity and rights,’ and for these exceptions to reluctance of jurors and sometimes of judges to the exclusive right of aerial jurisdiction of the punish any criminal adequately, especially if he subjacent state, international conferences should be an influential murderer or have money enough by agreement immediately provide." to pay for o n legal aid and disguised illegal assistance. ven the press is sometimes used to Carriers. See Interstate Commerce. create public opinion in favor of such accused Charitable Relief. See Old Age Pensions. rsons. . . . “The law everywhere should be so amended Criminal Procedure. "Criminal Justice in that the accused in his plea should be compelled Kansas." By Prof. William E. Higgins, Uni to state whether his defense is (1) that he was not guilty of the act char ed, or (2) that he did versity of Kansas. 2 Journal of Criminal Law and the act in self-defense, or 3) that he was insane Criminology 247 (July). at the time he did the act. Under neither off "Whatever may be the practice in other juris these pleas should the court admit the sort 0 dictions, the trial court in Kansas has not been evidence that is usually offered to invoke the so stripped of its power to control the progress of called ‘unwritten law. The accused should be the case. It may make rules to govern the con allowed to offer no evidence of insanity unless he duct of the business of the court, and in the trial filed the special plea of insanity. Such a reform it has a large discretion in limiting the examina in procedure would prevent the abuse of this
