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Full-Text Articles in Law

Due Process And Parole Revocation, Michigan Law Review Nov 1978

Due Process And Parole Revocation, Michigan Law Review

Michigan Law Review

In Morrissey, the Court set the level of due process needed in parole revocations. Specifically, it held that the parolee facing •revocation has a right (a) to receive written notice of the claimed parole violations; (b) to hear the evidence against him; (c) to be heard in person and to present witnesses and documentary evidence; (d) to confront and cross-examine adverse witnesses (unless the hearing officer specifically finds good cause for not allowing the confrontation); (e) to have a neutral and detached hearing body, members of which need not be judicial officers or lawyers; and (f) to be given …


The Right To Counsel In Police Interrogation Cases: Miranda And Williams, Mitchell Leibson Chyette Oct 1978

The Right To Counsel In Police Interrogation Cases: Miranda And Williams, Mitchell Leibson Chyette

University of Michigan Journal of Law Reform

This article will consider some of the theoretical and practical ramifications of the Williams decision and compare its protections to the protections offered by Miranda. The article, focussing on the right to counsel, discusses the nature of the police conduct which is prohibited by each decision, the time at which the protections involved become effective, and the standard by which a waiver of the rights will be measured. The article concludes that there may be significant differences in the application of the two cases and that a uniform rule based on the sixth amendment may be superior to the …


The Right To An In Camera Voluntariness Hearing: State V. Sanders, Ellen Carle Lilly Sep 1978

The Right To An In Camera Voluntariness Hearing: State V. Sanders, Ellen Carle Lilly

West Virginia Law Review

No abstract provided.


Escapes From Permissive Release Programs: Proposals For Reform, Richard D. Franzblau Jul 1978

Escapes From Permissive Release Programs: Proposals For Reform, Richard D. Franzblau

Indiana Law Journal

No abstract provided.


The Interstate Agreement On Detainers: Defining The Federal Role, Janet R. Necessary May 1978

The Interstate Agreement On Detainers: Defining The Federal Role, Janet R. Necessary

Vanderbilt Law Review

In 1970, Congress enacted into law the Interstate Agreement on Detainers Act, making the United States and the District of Columbia parties to the interstate compact already adopted by 37 states.' The purpose of the Agreement is to "encourage the expeditious and orderly disposition" of charges underlying detainers by providing procedures by which prisoners may request disposition of such charges and prosecuting jurisdictions may obtain the presence of prisoners for trial. Recently problems of interpretation have surfaced as the federal courts have endeavored to define the role of the United States under the Agreement. The courts of appeals presently disagree …


The Presentence Diagnostic Program In North Carolina: Process And Problems, Nevelle O. Jones Apr 1978

The Presentence Diagnostic Program In North Carolina: Process And Problems, Nevelle O. Jones

North Carolina Central Law Review

No abstract provided.


Expungement Of Criminal Convictions Under The Youth Corrections Act: The Need For Revision, Kenneth R. Taylor Jan 1978

Expungement Of Criminal Convictions Under The Youth Corrections Act: The Need For Revision, Kenneth R. Taylor

Kentucky Law Journal

No abstract provided.


The Decline Of The Rehabilitative Ideal In American Criminal Justice, Francis A. Allen Jan 1978

The Decline Of The Rehabilitative Ideal In American Criminal Justice, Francis A. Allen

Cleveland State Law Review

At this point I am going to advance a proposition. It is an analytic proposition, not an empirical statement, and relates to what characteristics a society must possess in order to maintain a flourishing rehabilitative ideal. Then I shall try to test that proposition by looking at two very different societies in which the rehabilitative ideal flourished. Finally, I shall ask whether those conditions are satisfied in modem America. My proposition is in two parts. First, you cannot have a flourishing rehabilitative ideal unless the society as a whole has a strong faith in the malleability of human behavior and …


Denial Of Justice, Joel M. Flaum Jan 1978

Denial Of Justice, Joel M. Flaum

Michigan Law Review

A Review of Denial of Justice by Lloyd L. Weinreb