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Articles 1 - 5 of 5
Full-Text Articles in Law
The Right To Counsel And Due Process In Probation Revocation Proceedings: Gagnon V. Scarpelli, Douglas C. Jenkins
The Right To Counsel And Due Process In Probation Revocation Proceedings: Gagnon V. Scarpelli, Douglas C. Jenkins
Cleveland State Law Review
On May 14, 1973, the worst fear of at least one commentator was borne out by the opinion of the Supreme Court in Gagnon v. Scarpelli. Justice Powell, writing for the Court, recognized certain due process rights of the individual who has been convicted and placed on probation. The Court refused to adopt a per se right to representation by counsel as an element of due process in probation revocation proceedings, however. The opinion has left the meaning and importance of due process in grave doubt, has retarded the progression of penal-correctional reform, and has insured a heavy docket for …
The Response To Furman: Can Legislators Breathe Life Back Into Death, Carol Irvin, Howard E. Rose
The Response To Furman: Can Legislators Breathe Life Back Into Death, Carol Irvin, Howard E. Rose
Cleveland State Law Review
In the eighteen months since the Supreme Court of the United States struck down capital punishment in Furman v. Georgia twenty-three states have reinstated the death penalty. While the Supreme Court has not yet heard arguments concerning the constitutionality of these statutes, their validity will determine the fate of the forty-four persons currently awaiting execution in eight states. It is the purpose of this comment to consider the statutes reinstating capital punishment, in light of Furman.
Surviving Justice: Prisoners' Rights To Be Free From Physical Assault, Robert Plotkin
Surviving Justice: Prisoners' Rights To Be Free From Physical Assault, Robert Plotkin
Cleveland State Law Review
A sentence to prision invovles much more than simple incarceration and its attendant withdrawal of freedom of movement. Indeed, as recent developments indicate, a sentence to confinement in most penal institutions involves a life and death struggle to avoid at tacks, rapes, and brutality from fellow inmates as well as from correctional authorities. ... The National Advisory Commission on Criminal Justice Standards and Goals recognized the problem in recommending a comprehensive model standard which would require correctional officials, the only state authority "in a position to protect inmates, to take protective measures on the inmates' behalf, and to compensate those …
Book Review: Executive Privilege: A Constitutional Myth, Bernard Robert Adams
Book Review: Executive Privilege: A Constitutional Myth, Bernard Robert Adams
Cleveland State Law Review
Review of Executive Privilege: A Constitutional Myth, Raoul Berger, Cambridge, Harvard University Press, 1974.
Airport Searches And The Right To Travel: Some Constitutional Questions, Donald Applestein
Airport Searches And The Right To Travel: Some Constitutional Questions, Donald Applestein
Cleveland State Law Review
Historically the constitutional right to travel has arisen in two contexts. First, it has arisen within the context of the competing interests of the individual to travel internationally and the interest in national security. The other is that in which an individual wishes to travel to some area, and the government restricts that right in an effort to protect the persons in the area to which the individual wishes to travel. However, under the current airport screening procedures the right to travel may be being restricted or interfered with in another context: prevention and detection of criminal activity. This note …