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Law Enforcement and Corrections Commons

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1972

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Full-Text Articles in Law Enforcement and Corrections

Police Use Of Firearms In West Virginia--An Empirical Study, James R. Keegan Dec 1972

Police Use Of Firearms In West Virginia--An Empirical Study, James R. Keegan

West Virginia Law Review

In its study of crime and law enforcement in the United States, the President's Commission on Law Enforcement and Administration of Justice found it "surprising and alarming that few police departments provide their officers with careful instruction on the circumstances under which the use of a firearm is permissible." This failure on the part of police administrators leaves the uninformed patrolman, charged with the day to day duty of law enforcement, subject to civil and criminal liability for the wrongful use of his weapon. It also needlessly exposed the innocent bystander to death or grievous bodily harm. To discover the …


Criminal Law—Court Orders Broad Relief To Inmates Throughout The Virginia Penal System Where Constitutional Rights Have Been Violated., Arthur H. Ackerhalt Oct 1972

Criminal Law—Court Orders Broad Relief To Inmates Throughout The Virginia Penal System Where Constitutional Rights Have Been Violated., Arthur H. Ackerhalt

Buffalo Law Review

Landman v. Royster, 333 F. Supp. 621 (E.D. Va. 1971).


Removing The Stigma Of Arrest: The Courts, The Legislatures And Unconvicted Arrestees, William J. Leedom Aug 1972

Removing The Stigma Of Arrest: The Courts, The Legislatures And Unconvicted Arrestees, William J. Leedom

Washington Law Review

Society punishes criminal conduct by incarceration and moral condemnation. Prior to imposing sanctions for the commission of criminal acts, the accused must be proven guilty beyond a reasonable doubt in accordance with adequate procedural safeguards. Yet each year thousands of unconvicted arrestees are subjected to the same stigma which society imposes on those who are convicted because the records of all arrestees, whether convicted or not, are retained and disseminated by law enforcement agencies. This comment will first present the arrest record debate. The traditional justifications for the present system will be compared with those underlying the new approach to …


African Penal Systems, By Alan Milner, Henry J. Richardson Iii Apr 1972

African Penal Systems, By Alan Milner, Henry J. Richardson Iii

Indiana Law Journal

No abstract provided.


Privacy, Autonomy, And Dignity In The Prison: A Preliminary Inquiry Concerning Constitutional Aspects Of The Degradation Process In Our Prisons, Richard G. Singer Apr 1972

Privacy, Autonomy, And Dignity In The Prison: A Preliminary Inquiry Concerning Constitutional Aspects Of The Degradation Process In Our Prisons, Richard G. Singer

Buffalo Law Review

No abstract provided.


Prediction Of Criminal Conduct And Preventive Confinement Of Convicted Persons, Andrew Von Hirsch Apr 1972

Prediction Of Criminal Conduct And Preventive Confinement Of Convicted Persons, Andrew Von Hirsch

Buffalo Law Review

No abstract provided.


Miranda In Prison: The Dilemma Of Prison Discipline And Intramural Crime, William Bennett Turner, Alice Daniel Apr 1972

Miranda In Prison: The Dilemma Of Prison Discipline And Intramural Crime, William Bennett Turner, Alice Daniel

Buffalo Law Review

No abstract provided.


A Comment On Sostre V Mcginnis, Herman Schwartz Apr 1972

A Comment On Sostre V Mcginnis, Herman Schwartz

Buffalo Law Review

No abstract provided.


The Discovery Of Prison Reform, Fred Cohen Apr 1972

The Discovery Of Prison Reform, Fred Cohen

Buffalo Law Review

No abstract provided.


The Indeterminate Sentence: Judicial Intervention In The Correctional Process, James W. Gresens Apr 1972

The Indeterminate Sentence: Judicial Intervention In The Correctional Process, James W. Gresens

Buffalo Law Review

No abstract provided.


Maximum Security. Eve Pell, Ed., Bernard M. Brodsky Apr 1972

Maximum Security. Eve Pell, Ed., Bernard M. Brodsky

Buffalo Law Review

No abstract provided.


Prison Crisis Litigation: Problems And Suggestions, William E. Hellerstein, Barbara A. Shapiro Apr 1972

Prison Crisis Litigation: Problems And Suggestions, William E. Hellerstein, Barbara A. Shapiro

Buffalo Law Review

No abstract provided.


The Prison As A Lawless Agency, David F. Greenberg, Fay Stender Apr 1972

The Prison As A Lawless Agency, David F. Greenberg, Fay Stender

Buffalo Law Review

No abstract provided.


The Demands Of The Inmates Of Attica State Prison And The United Nations Standard Minimum Rules For The Treatment Of Prisoners: A Comparison, Douglas J. Besharov, Gerhard O. W. Mueller Apr 1972

The Demands Of The Inmates Of Attica State Prison And The United Nations Standard Minimum Rules For The Treatment Of Prisoners: A Comparison, Douglas J. Besharov, Gerhard O. W. Mueller

Buffalo Law Review

No abstract provided.


Incarcerating The Innocent: Pretrial Detention In Our Nation's Jails, Mike Place, David A. Sands Apr 1972

Incarcerating The Innocent: Pretrial Detention In Our Nation's Jails, Mike Place, David A. Sands

Buffalo Law Review

No abstract provided.


Labor Unions For Prison Inmates: An Analysis Of A Recent Proposal For The Organization Of Inmate Labor, Paul R. Comeau Apr 1972

Labor Unions For Prison Inmates: An Analysis Of A Recent Proposal For The Organization Of Inmate Labor, Paul R. Comeau

Buffalo Law Review

No abstract provided.


Prisons—State Must Devise System Ensuring Indigent Prisoner's Meaningful Access To The Courts, Robert E. White Apr 1972

Prisons—State Must Devise System Ensuring Indigent Prisoner's Meaningful Access To The Courts, Robert E. White

Buffalo Law Review

Gilmore v. Lynch, 319 F. Supp. 105 (N.D. Cal. 1970), aff'd sub nom. Younger v. Gilmore, 92 S. Ct. 250 (1971).


Citation In Lieu Of Arrest: The New California Law, Floyd F. Feeney Mar 1972

Citation In Lieu Of Arrest: The New California Law, Floyd F. Feeney

Vanderbilt Law Review

Sixty years ago, before the traffic infraction became a common occurrence, police departments found it necessary to make physical arrests in the case of each traffic violation. As the number of violations mounted, however, the arrest procedure proved to be too cumbersome and demanding. This led to the invention of a new procedure, the citation of promise to appear. The new system proved to be both convenient and practical and in short order it virtually replaced the old arrest procedure. Surprisingly, however, the invention of the new procedure did not lead to a rethinking of the need to arrest and …


Rule-Making And The Police, Carl Mcgowan Mar 1972

Rule-Making And The Police, Carl Mcgowan

Michigan Law Review

That remarkable man, Justice Oliver Wendell Holmes, in whose name and by whose providence we are met on this occasion, had many profound perceptions about the nature of law-making. Except for the violence of the Civil War in his youth, his life was largely lived at a time and in a society which seem simple and benevolent by comparison with our own. Some of his generalizations, nevertheless, continue to define accurately the limitations under which we confront the complexities presently assailing us on every side. This is notably true of the administration of criminal justice.


The Concept Of Privacy And The Fourth Amendment, Steven C. Douse Jan 1972

The Concept Of Privacy And The Fourth Amendment, Steven C. Douse

University of Michigan Journal of Law Reform

This Article attempts at a minimum to offer a common background and frame of reference for defining and comparing myriad facets of the law. If successful, they furnish a model for the integration of these many facets. This inquiry begins with an examination of the proposition that the essence of the fourth amendment is protection of a right of privacy. The concept of privacy is then defined and elaborated, both without and within the constitutional context. These conclusions are further extended in an exploration of mechanisms for defining the invasions and protection of fourth amendment privacy.


Police Initiated Emergency Psychiatric Detention In Michigan, Mark F. Mehlman Jan 1972

Police Initiated Emergency Psychiatric Detention In Michigan, Mark F. Mehlman

University of Michigan Journal of Law Reform

While performing his duties a police officer may frequently be confronted with the behavior of an individual which threatens or has resulted in self-inflicted injury, or which poses an imminent threat to the safety of others. Under such circumstances an officer may determine that criminal arrest is inappropriate but that some form of restraint is necessary. Michigan has provided an alternative course of action by authorizing temporary emergency psychiatric detention of an individual whom a police officer deems to be "mentally ill and manifesting homicidal or other dangerous tendencies."


Miranda Warnings And The Harmless Error Doctrine: Comments On The Indiana Approach, Michael W. Fruehwald Jan 1972

Miranda Warnings And The Harmless Error Doctrine: Comments On The Indiana Approach, Michael W. Fruehwald

Indiana Law Journal

No abstract provided.


The Parole Board's Duty Of Self-Regulation, John P. Quinn Jan 1972

The Parole Board's Duty Of Self-Regulation, John P. Quinn

University of Michigan Journal of Law Reform

This article examines the Michigan Parole Board in terms of its structure, mode of operation, and certain legal issues raised by its procedures. The note argues that the Board's and the legislature's concept of professional, scientific decision-making is not an adequate substitute for the checks and balances which confine and control the discretion of other governmental agencies, and furthermore, that this concept is inconsistent with both the letter and spirit of the Michigan Administrative Procedures Act (MAPA or Act). Thereafter, an approach is suggested by which the Act can be used as a tool to legitimate and rationalize Parole Board …


Speedy Trial And The Congested Trial Calendar, Christopher L. Blakesley Jan 1972

Speedy Trial And The Congested Trial Calendar, Christopher L. Blakesley

Scholarly Works

In People v. Ganci, the defendant had been indicted for robbery, larceny, and assault while serving a prison sentence for another conviction. Five and one-half months after his indictment he moved, pursuant to section 668 of the New York Code of Criminal Procedure, to dismiss for failure to prosecute. Eleven months later, sixteen months after the indictment, he was brought to trial, convicted, and sentenced. On appeal, the New York Supreme Court, Appellate Division, Second Judicial Department affirmed, whereupon the defendant appealed by permission to the New York Court of Appeals. On this appeal he contended that the delay deprived …


Prisoner Rights—Federal Jurisdiction, Due Process, Indefinite Solitary Confinement, Censorship Of Mail, Inmate Legal Assistance, Freedom Of Expression And Damages, Robert E. White Jan 1972

Prisoner Rights—Federal Jurisdiction, Due Process, Indefinite Solitary Confinement, Censorship Of Mail, Inmate Legal Assistance, Freedom Of Expression And Damages, Robert E. White

Buffalo Law Review

Sostre v. McGinnis, 442 F.2d 178 (2d Cir. 1971).


Our Options Are Limited, Warren E. Burger Jan 1972

Our Options Are Limited, Warren E. Burger

Villanova Law Review

No abstract provided.


Parole Holds: Their Effects On The Rights Of The Parolee And The Operation Of The Parole System, Paul H. Robinson Jan 1972

Parole Holds: Their Effects On The Rights Of The Parolee And The Operation Of The Parole System, Paul H. Robinson

All Faculty Scholarship

No abstract provided.


Privacy Versus Parens Patriae The Role Of Police Records In The Sentencing And Surveillance Of Juveniles, John C. Coffee Jr. Jan 1972

Privacy Versus Parens Patriae The Role Of Police Records In The Sentencing And Surveillance Of Juveniles, John C. Coffee Jr.

Faculty Scholarship

The purpose of this article is to examine juvenile record systems maintained by police authorities. A primary thesis is that current procedures governing the creation and dissemination of such records are so severely misguided by underlying parens patriae concepts that they often result in the purposeless stigmatization of a far greater range of youths than the juvenile justice system has any justification in attempting to deal with. Indeed, increasing evidence suggests that the net effect of such record keeping is to ensure that many of the subject juveniles will mature into confirmed delinquents.


New Hope For Corrections: The Creation Of A National Institute, Marlow W. Cook Jan 1972

New Hope For Corrections: The Creation Of A National Institute, Marlow W. Cook

Kentucky Law Journal

No abstract provided.


Police Field Citations In New Haven, Mark Berger Jan 1972

Police Field Citations In New Haven, Mark Berger

Faculty Works

No abstract provided.