Law Commons^™

Police Under The Gun, Richard C. Reuben

Faculty Publications

Back in 1968, Justice William O. Douglas warned in a dissenting opinion in Terry v. Ohio, 392 U.S. 1, that the Court was opening a Pandora's box by eschewing the traditional "probable cause" standard for Fourth Amendment search and seizures in traffic stop cases, and permitting warrantless detentions based merely on "reasonable suspicion."

More than a quarter-century later, the confusion over the "reasonable suspicion" approach is still commanding the Supreme Court's attention. A pair of cases on the justices' argument calendar this spring address the tension between legitimate traffic stops and those based on pretext.

Fax: The White House Office Of The Press Secretary, May 17, 1996, The White House

Saffy Collection - All Textual Materials

A fax sent regarding Megan’s Law requiring every state in the country to tell communities when a dangerous sexual predator moves into the area and the Presidents mission to make schools safer by strengthening the Safe and Drug-Free Schools Act.

Hiv / Aids And Stds In Juvenile Facilities, Us Department Of Justice

National Institute of Justice Research in Brief

No abstract provided.

Consistently Inconsistent: The Supreme Court And The Confusion Surrounding Proportionality In Non-Capital Sentencing, Steven P. Grossman

All Faculty Scholarship

(Adapted by permission from 84 Ky. L. J. 107 (1995)) This article examines the Supreme Court's treatment of the Eighth Amendment with respect to claims of excessiveness regarding prison sentences. Specifically, it addresses the issue of whether and to what degree the Eighth Amendment requires that a punishment not be disproportional to the crime punished. In analyzing all of the modern holdings of the Court in this area, one finds significant fault with each. The result of this series of flawed opinions from the Supreme Court is that the state of the law with respect to proportionality in sentencing is …

Implementation Challenges In Community Policing: Innovative Neighborhood-Oriented Policing In Eight Cities, Us Department Of Justice

National Institute of Justice Research in Brief

No abstract provided.

The “Midnight Assassination Law” And Minnesota’S Anti-Death Penalty Movement, John Bessler

All Faculty Scholarship

This article traces the history of Minnesota's anti-death penalty movement and the 1889 Minnesota law - dubbed by contemporaries as the "midnight assassination law" - requiring private, nighttime executions. That law, authored by Minnesota legislator John Day Smith, restricted the number of execution spectators, prohibited newspapers from printing any execution details, and provided that only the fact of the execution could be lawfully printed. Also commonly referred to as the "John Day Smith law," this Minnesota statute was challenged as being unconstitutional by Minnesota newspapers after those newspapers printed details of a botched hanging and were charged with violating the …

Nij Awards In Fiscal Year 1995, Us Department Of Justice

National Institute of Justice Research in Brief

No abstract provided.

Predicting Pretrial Misconduct With Drug Tests Of Arrestees, Us Department Of Justice

National Institute of Justice Research in Brief

No abstract provided.

Shaking The Foundation Of Gideon: A Critique Of Nichols In Overruling Baldasar V. Illinois, 25 Hofstra L. Rev. 507 (1996), Ralph Ruebner, Jennifer Berner, Anne Herbert

UIC Law Open Access Faculty Scholarship

No abstract provided.

Juror Empathy And Race, Douglas O. Linder

Faculty Works

No abstract provided.

Testilying: Police Perjury And What To Do About It, Christopher Slobogin

Vanderbilt Law School Faculty Publications

Police, like people generally, lie in all sorts of contexts for all sorts of reasons. This article has focused on police lying designed to convict individuals the police think are guilty. Strong measures are needed to reduce the powerful incentives to practice such testilying and the reluctance of prosecutors and judges to do anything about it. Among them might be the adoption of rewards for truth telling, the redefinition of probable cause, and the elimination of the exclusionary rule and its insidious effect on the resolve of legal actors to implement the commands of the Constitution. Ultimately, however, the various …

Fact-Bargaining: An American Phenomenon, William T. Pizzi

Publications

No abstract provided.

Mature Adjudication: Interpretive Choice In Recent Death Penalty Cases, Bernard Harcourt

Faculty Scholarship

Capital punishment presents a "hard" case for adjudication. It provokes sharp conflict between competing constitutional interpretations and invariably raises questions of judicial bias. This is particularly true in the new Republic of South Africa, where the framers of the interim constitution deliberately were silent regarding the legality of the death penalty. The tension is of equivalent force in the United States, where recent expressions of core constitutional rights have raised potentially irreconcilable conflicts in the application of capital punishment.

Two recent death penalty decisions – the South African Constitutional Court opinions in State v. Makwanyane and the United States Supreme …

Ua12/8 Chief News, Wku Police

WKU Archives Records

WKU Police departmental newsletters for 1996.

How To Put Lawmakers, Not Courts, Back In Charge, David Schoenbrod, Ross Sandler

Other Publications

No abstract provided.

Blame And Danger: An Essay On Preventive Detention, Stephen J. Morse

All Faculty Scholarship

No abstract provided.

The Criminal-Civil Distinction And The Utility Of Desert, Paul H. Robinson

All Faculty Scholarship

The communist Chinese have distinct criminal and civil systems, as do the democratic Swiss, and the monarchist Saudis.1 The criminal-civil distinction also is a basic organizing device for Islamic Pakistan, Catholic Ireland, Hindu India, and the atheistic former Soviet Union, industrialized Germany, rural Papua New Guinea, the tribal Bedouins, wealthy Singapore, impoverished Somalia, developing Thailand, newly organized Ukraine, and the ancient Romans. Apparently every society sufficiently developed to have a formal legal system usesthe criminal-civil distinction as an organizing principle. Why? Why has every society felt it necessary to create a system to impose criminal liability distinct from civil liability?

(Dis)Assembling Rights Of Women Workers Along The Global Assembly Line: Human Rights And The Garment Industry Symposium: Political Lawyering: Conversations On Progressive Social Change, Laura Ho, Catherine Powell, Leti Volpp

Faculty Scholarship

Some observers would like to explain away sweatshops as immigrants exploiting other immigrants, as "cultural, or as the importation of a form of exploitation that normally does not happen here but occurs elsewhere, in the "Third World." While the public was shocked by the discovery at El Monte, garment workers and garment worker advocates have for years been describing abuses in the garment industry and have ascribed responsibility for such abuses to manufacturers and retailers who control the industry. Sweatshops, like the one in El Monte, are a home-grown problem with peculiarly American roots. Since the inception of the garment …

Federal Use Of State Institutions In The Administration Of Criminal Justice, Paul D. Carrington

Faculty Scholarship

No abstract provided.

Excessive Criminal Justice Caseloads: Challenging The Conventional Wisdom, Jerold H. Israel

Articles

Since the mid-1960s, no element of the criminal justice environment has received more attention and been accorded greater importance, in both popular and professional commentary, than has the pressure of heavy caseloads. The lack of sufficient resources to deal with overbearing caseloads has been widely characterized as the most pervasive and most critical administrative challenge faced by police, prosecutors, public defenders, and courts.' National commissions have regularly complained that the criminal justice system is "overcrowded, overworked, [and] undermanned," and must be given "substantially more money" to cure those ills if it is ever to perform all of the tasks assigned …