Law Commons^™

Stop And Frisk Based Upon Anonymous Telephone Tips

Washington and Lee Law Review

No abstract provided.

From Pillory To Penitentiary: The Rise Of Criminal Incarceration In Early Massachusetts, Adam J. Hirsch

Michigan Law Review

While the transition from the old forms of criminal sanction to incarceration was perhaps not, as Jeremy Bentham claimed, "one of the most signal improvements that have ever yet been made in our criminal legislation," one does not overstate to call it a signal development in the history of Anglo-American criminal justice - a development, one may add, that still wants adequate examination, much less explanation. This Article attempts to do both for one sample region: Massachusetts. Though the jurisprudential movement from pillory to penitentiary took place throughout the new American republic, as well as much of western Europe, our …

Relief For Prison Overcrowding: Evaluating Michigan's Accelerated Parole Statute, Frank T. Judge Iii

University of Michigan Journal of Law Reform

This Note describes and analyzes Michigan's Prison Overcrowding Emergency Powers Act. Part I reviews briefly current efforts to relieve prison overcrowding and concludes that traditional remedies are largely inadequate. Part II examines the early prisoner release statute and its implementation. Finally, Part III evaluates the statute's success in relieving prison overcrowding .

The Decline Of The Rehabilitative Ideal: Penal Policy And Social Idea, Louis A. Jacobs

Vanderbilt Law Review

In his most recent contribution Professor Francis Allen suggests that the rehabilitative ideal can flourish only in a particular kind of society. He observes that today's American society lacks the nourishing characteristics that once fed that ideal; consequently, the ideal has withered. This argument is concisely and precisely constructed in The Decline of the Rehabilitative Ideal, a book derived from the 1979 Starrs Lectures on Jurisprudence at Yale Law School. Rather than describe the extent of the decline, Professor Allen focuses on the nexus raised in the book's subtitle--penal policy and social purpose. As social purpose evolved (perhaps "devolved"is more …

A Tremor In The Blood: Uses And Abuses Of The Lie Detector, Michigan Law Review

Michigan Law Review

A Review of A Tremor in the Blood: Uses and Abuses of the Lie Detector by David Thoreson Lykken

The Policy Dilemma: Federal Crime Policy And The Law Enforcement Assistance Administration, Michigan Law Review

Michigan Law Review

A Review of The Policy Dilemma: Federal Crime Policy and the Law Enforcement Assistance Administration by Malcolm M. Feeley and Austin D. Sarat

Salvaging Proportionate Prison Sentencing: A Reply To Rummel V. Estelle, Thomas F. Cavalier

University of Michigan Journal of Law Reform

Part I of this Note provides a capsule of the Court's holding in Rummel. Part II argues, contrary to Rummel, that precedential support can be mustered to support eighth amendment review of sentence length. Finally, part 11,1 discusses the continued viability of the proportionality test as a vehicle for assessing challenges to the length of imprisonment, and discounts the concerns voiced in Rummel regarding the difficulty of judicial review of legislative sentencing decisions.

Assaults On The Exclusionary Rule: Good Faith Limitations And Damage Remedies, Pierre J. Schlag

Publications

No abstract provided.

An Analysis Of Prison Sentence Disparity In West Virginia, Deanna J. Shields

Theses, Dissertations and Capstones

The sentencing of individuals is a very important stage in the Criminal Justice System in the United States. The sentence is the basic decision which determines how, where, and for how long an offender should be dealt with by the state (LaBeff, 1978, p. 1). This study will focus on the question of whether or not sentence disparity exists in West Virginia.

Sentencing processes in our Criminal Justice System today are in keeping with the “Treatment Model” of Corrections . According to Fogel (1975) in We Are The Living Proof, the treatment model has three main goals: (1) diagnosis …

Social Enquiry Reports And Sentencing, Jenny M. Roberts, Colin Roberts

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Capital Punishment And Lethal Assaults Against Police, William C. Bailey

Sociology & Criminology Faculty Publications

This investigation provides a multivariate analysis of the deterrent effect of the death penalty on the rate of lethal assaults against the police. Examining state level data for the period 1961 to 1971, we hypothesize a significant inverse relationship between the rate of police killings and (1) the statutory provision for capital punishment and (2) the execution rate of convicted murderers. Contrary to the deterrence hypotheses, no support is found for the argument that the provision and use of the death penalty provides an added measure of protection for the police. Rather, variation in police killings rates, like the general …

Abscam, The Judiciary, And The Ethics Of Entrapment, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Part I of this Article surveys the development of the competing threads of entrapment theory. Part II shows how these theories were applied in the Abscam prosecutions. Part III turns to the predisposition test and demonstrates its analytical flaws and its ineffectiveness in restraining he improper use of inducements in undercover investigations. Part IV offers specific suggestions for a federal entrapment statute to remedy these defects. The statute allows an entrapment defense where the undercover techniques used fall outside a narrowly defined range of permissible conduct. If the government's conduct is permissible, the statute nevertheless requires the decision-maker to examine …

Administering The Death Penalty

Washington and Lee Law Review

No abstract provided.

Inconsistencies In The Federal Circuit Courts' Application Of The Coconspirator Exception

Washington and Lee Law Review

No abstract provided.

Criminal Law: Homicide, Ellen Y. Suni

Faculty Works

Substantive criminal law in Missouri has undergone substantial change in recent years. The most significant aspect of this change has been the adoption of the criminal code which discarded common law definitions of crime and redefined offenses in accord with the more modern Model Penal Code ap­proach. Although the code's drafters recommended major revision of the homicide statutes, these revisions were not ultimately adopted and the Mis­souri homicide statutes retained their common law approach. A combination of United States Supreme Court decisions, legislative activity and Missouri cases decided during the last decade, however, have led to important develop­ments in the …

Ua12/8 Departmental Newsletter, Wku Police

WKU Archives Records

WKU Police departmental newsletters for 1982.

A Dissent From The Miranda Dissents: Some Comments On The 'New' Fifth Amendment And The Old 'Voluntariness' Test, Yale Kamisar

Book Chapters

If the several conferences and workshops (and many lunch conversations) on police interrogation and confessions in which I have participated this past summer are any indication, Miranda v. Arizona has evoked much anger and spread much sorrow among judges, lawyers and professors. In the months and years ahead, such reaction is likely to be translated into microscopic analyses and relentless, probing criticism of the majority opinion. During this period of agonizing appraisal and reappraisal, I think it important that various assumptions and assertions in the dissenting opinions do not escape attention.

Criminal Procedure, The Burger Court, And The Legacy Of The Warren Court, Jerold H. Israel

Book Chapters

During the 1960s, the Warren Court's decisions in the field of criminal procedure were strongly denounced by many prosecutors, police officers, and conservative politicians. Some of these critics were careful in their description of the Warren Court's record. Others let their strong opposition to several of the Court's more highly publicized decisions destroy their perception of the Court's work as a whole.

On Recognizing Variations In State Criminal Procedure, Jerold H. Israel

Articles

Everyone recognizes that the laws governing criminal procedure vary somewhat from state to state. There is often a tendency, however, to underestimate the degree of diversity that exists. Even some of the most experienced practitioners believe that aside from variations on some minor matters, such as the number of peremptory challenges granted, and variation on a few major items, such as the use of the grand jury, the basic legal standards governing most procedures are approximately the same in a large majority of states. I have seen varied evidence of this misconception in practitioner discussions of law reform proposals, particularly …

Search And Seizure Of America: The Case For Keeping The Exclusionary Rule, Yale Kamisar

Articles

Twenty years ago, concurring in Mapp v. Ohio (1961), Justice William 0. Douglas looked back on Wolf v. Colorado (1949) (which had held that the Fourth Amendment's substantive protection against "unreasonable search and seizure" was binding on the states through the due process clause, but that the Fourth Amendment exclusionary rule was not) and recalled that the Wolf case had evoked "a storm of controversy which only today finds its end." But, of course, in the twenty years since Justice Douglas made that observation the storm of controversy has only intensified, and it has engulfed the exclusionary rule in federal …