CRIMINAL LAW AND PROCEDURE - REMEDIES AVAILABLE TO CONVICTED DEFENDANT WHEN NEW FACTS ARE FOUND

Warder, Smith

Journal: Michigan Law Review

Volume: 39

First Page: 963

Year: 1941

Bluebook Citation: 39 MICH. L. REV. 963 (1941)

Author: Smith Warder: all 3 publications


Abstract

Due to its haphazard growth and evolution, the Anglo-American system of jurisprudence occasionally left gaping defects in its general contours. Many of these defects have been and are being filled, both by statute and by the continuing development of the common law. However, there is one case which re-occurs with distressing frequency where no satisfactory remedy has been developed and where this lack of remedy can have unjust or even barbaric results.

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