Digital Commons Network^™

The Non-Consensual Killing Of An Unborn Infant: A Criminal Act?, Howard J. Levine

Buffalo Law Review

No abstract provided.

Prison Reform In The Future - The Trend Toward Expansion Of Prisoners' Rights, Monrad G. Paulsen

Villanova Law Review (1956 - )

No abstract provided.

Symposium: Recondification Of The Criminal Laws, Francis A. Allen

University of Michigan Journal of Law Reform

The revision of American criminal legislation, both state and federal, has been for many years one of the most insistently required tasks of law reform. Even yet its urgency and importance are not fully realized. There are, however, signs that a genuine movement toward rethinking and restating our criminal jurisprudence is under way. This Symposium seeks to give encouragement and guidance to the revision movement by collecting relevant experience and reflections from a few of those who participated in pioneering ventures in criminal law codification.

Reflection On The Law Reforming Process, Sanford J. Fox

University of Michigan Journal of Law Reform

This paper is based on three experiences as draftsman or reporter in penal law legislation projects. The first such experience was as sole draftsman for a New Hampshire criminal code, an undertaking commenced in November 1967, which produced a proposed code in April 1969. I am continuing this activity at the present time as assistant to a committee of the New Hampshire legislature that is currently holding hearings on the proposal in preparation for reporting out a criminal code bill this spring. Since work on the New Hampshire code represents the most extensive experience, it is the basis for most …

Plea Bargaining: A Model Court Rule, Kenneth A. Kraus

University of Michigan Journal of Law Reform

It is not the purpose of this note to discuss the justification for the plea bargaining process, for it is clear that this system will of necessity be continued in the foreseeable future. Instead, this analysis is designed first to present the functional role, constitutional status and existing abuses in the plea bargaining process, and then to discuss the goals and the proposed standards relevant to reform of the present plea bargaining procedures. The culmination of this analysis is the proposed Model Court Rule for Plea Agreements in part III.

Title X - Dangerous Special Offender Sentencing, Richard Levy

University of Michigan Journal of Law Reform

Undoubtedly the most controversial new provision in the Organized Crime Control Act of 1970 is title X. Title X authorizes a federal prosecuting attorney to notify the defendant and the court before trial that the defendant, if found guilty of the felony on which he is being tried, is in the prosecutor's opinion also subject to the dangerous special offender provisions embodied in the title. Should the defendant be judged guilty of the felony, he then will fall subject to an additional penalty beyond that received for the conviction if the judge finds that he qualifies as one of three …

Title Ix - Racketeer Influenced And Corrupt Organizations, Richard Levy

University of Michigan Journal of Law Reform

Organized crime's penetration of legitimate business has long been a major congressional concern. Although the means employed to effect such penetration may vary, the result remains constant; organized crime is provided with additional economic power and a facade of legitimacy behind which it can more easily spread its influence and pursue its goals. At the same time, organized crime's monopolistic tendencies, furthered by its use of various forms of coercion, pose a serious threat to free trade and lawful ownership. Prior law proved inadequate in curtailing these abuses. Federal law was piecemeal and not designed to meet the challenge of …

Controlling Obscenity By Criminal Sanction, Joseph Weiler

All Faculty Publications

Consideration of both rationale and process suggest that the criminal sanction, society's ultimate threat, inflicting as it does a unique combination of stigma and loss of liberty, should be resorted to only sparingly in a society that regards itself as free and open.' The sanction is at once uniquely coercive and, in the broadest sense, uniquely expensive. It should be reserved for what really matters. It is the thesis of this paper that this advice as to the proper criterion of forbiddenness has not been followed in the area of obscenity law. The purpose of this paper is to explore …

Criminal Law And Population Control, Kent Greenawalt

Faculty Scholarship

Several important questions can be asked about criminal law and the population problem. One is how greatly overpopulation, with its contribution to poverty and urban crowding, is a cause of crime, and, obversely, the extent to which population control would be a form of crime control. Another question is how much population growth increases the range of behavior that is and should be covered by criminal sanctions. Although these and other questions deserve attention, the purpose of this article is more modest – to consider possible changes in criminal law that could help ease the population problem.

A Re-Examination Of The Law Of Homicide In 1971: The Model Penal Code, Roy Mitchell Moreland

Kentucky Law Journal

No abstract provided.

The Grand Jury As The New Inquisition, Michael E. Tigar, Madeline R. Levy

Faculty Scholarship

No abstract provided.

The Theory Of Criminal Negligence: A Comparative Analysis, George P. Fletcher

Faculty Scholarship

Negligence is a problematic ground for criminal liability. Every major Western legal system punishes negligent as well as intentional violations of protected interests; but theorists both here and abroad feel uneasy about the practice Negligent motoring and negligent manufacturing significantly threaten the public interest; yet Western judges seem more comfortable punishing counterfeiters and prostitutes than imposing sanctions against those who inadvertently take unreasonable risks. Negligence appears indeed to be an inferior, almost aberrant ground for criminal liability. Every interest protected by the criminal law is protected against intentional violations; but only a few-life, bodily integrity, and sometimes property-are secured against …

Codification, Reform, And Revision: The Challenge Of A Modern Federal Criminal Code, John L. Mcclellan

Journal Articles

The four chief factors influencing the quality of American justice were identified by Dean Roscoe Pound as personnel, administration, procedure, and the substantive law. It is certain that better judges, prosecutors, and enforcement officers, better organization of courts, better administrative methods, and more adequate administrative personnel must come first in any effective program for the improvement of our nation's system of criminal justice. At the same time, the men who staff that system will be guided by an authoritatively prescribed criminal procedure, and they will be giving effect to an authoritatively prescribed criminal law. An archaic code of procedure and …

Threats As Criminal Assault, Ranelle A. Gamble

Cleveland State Law Review

Early in its history, the common law found it imperative to acknowledge and define an individual's interest in his personal integrity, physical safety and mental tranquility. The law formulated the legal rules of assault to protect this particular interest when it is wrongfully interfered with by another.' In this latter half of a nerve-wracking twentieth century, it is becoming necessary to revive the early concepts of common law assault, and under certain circumstances, to redress abusive and insulting language. Any principle of common law, particularly one concerned with the control of human behavior, has social implications, and such principle, whether …

Prisoner's Clothing During Trial, Christine Mukai

Cleveland State Law Review

This paper will deal with the appearance, vis-a-vis clothing, of a criminal defendant and the right of that defendant not to be attired in prison garb during judicial proceedings. The purpose here is not to consider the practices of the various jurisdictions; rather this shall be an attempt to display the existence and implications of the right to stand trial in non-criminating clothing.

Pretrial Detention And The Eighth And Fourteenth Amendments, James Lowe

Cleveland State Law Review

It is in the intent of the writer of this paper to examine the conditions endured by indigent defendants through their pretrial detention in Cuyahoga County Jail with respect to the Constitutional prohibitions of "cruel and unusual" punishment and a denial of "equal protection of the laws." Cuyahoga County is better known as Cleveland, Ohio. Expediency requires that the important concept of the rights of indigent inmates as they relate to civil rights statutes, and particularly Title 42 U.S.C. Section 1983, not be considered here. It may be hoped, however, that the propositions and legal considerations put forth in this …

Selective Service Law—Purely Ethical Or Moral Belief Held Grounds For Conscientious Objector Exemption, Roger G. Burlingame

Buffalo Law Review

Welsh v. United States, 398 U.S. 833 (1970).

Justice: The Crisis Of Law, Order, And Freedom In America. By Richard Harris., Edwin H. Wolf

Buffalo Law Review

No abstract provided.

Punishment And Responsibility In Aquarius, Leonard V. Kaplan

Buffalo Law Review

No abstract provided.

A Common Sense Approach To Crime Control, Arval A. Morris

Washington Law Review

A book review essay considering The Honest Politician's Guide to Crime Control, by Norval Morris and Gordon Hawkins (1969).

Double Jeopardy And Dual Sovereignty: A Critical Analysis, Ray C. Stoner

William & Mary Law Review

No abstract provided.

Civil Death - A New Look At An Ancient Doctrine, Harry David Saunders

William & Mary Law Review

No abstract provided.

A Thief’S Primer. By Bruce Jackson., Al Katz

Buffalo Law Review

No abstract provided.

Criminal Law--Right To Counsel At Revocation Of Probation, Steven C. Hanley

West Virginia Law Review

No abstract provided.

Juvenile Courts--Insanity Defense No Bar To Adjudication To Delinquency, George William Lavender Iii

West Virginia Law Review

No abstract provided.

Equal Protection Against Unnecessary Police Violence And The Original Understanding Of The Fourteenth Amendment: A Comment, Alfred Avins

Buffalo Law Review

No abstract provided.

Book Reviews, Maurice H. Merrill, Tom C. Clark, Anthony Platt

Vanderbilt Law Review

Discretionary Justice: A Preliminary Inquiry

By Kenneth Culp Davis Baton Rouge: Louisiana State University Press. 1969. Pp. xii,233. $8.50

reviewer: Maurice H. Merrill

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Gambling and Organized Crime

By Rufus King Washington:Public Affairs Press, 1969. Pp. viii, 239. $6.00

reviewer: Tom C. Clark

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The Throwaway Children

By Lisa Aversa Richette New York:J.B. Lippincott, 1969. Pp. x, 342. $6.95

reviewer: Anthony Platt

Military Law--Military Jurisdiction Over Crimes Committed By Military Personnel Outside The United States: The Effect Of O'Callahan V. Parker, Michigan Law Review

Michigan Law Review

Until recently, it had generally been considered that the minimum condition necessary to justify the invocation of military jurisdiction was the offender's "status" as "a person who can be regarded as falling within the term 'land and naval forces.' " In O' Callahan v. Parker, however, the United States Supreme Court determined that while military status is still requisite to the attachment of military jurisdiction, it is not a sufficient basis in and of itself to warrant trial by a military tribunal. In a five to three decision authored by Justice Douglas, the Court held that in order for military …

Book Reviews, Stanley D. Rose, Robert M. Anderson, Robert J. Harris, Harry Holloway, Robert L. Birmingham

Vanderbilt Law Review

Cardozo and Frontiers of Legal Thinking By Beryl Harold Levy Cleveland: The Press of Case Western Reserve University, 1969.Pp. xi, 365. $9.95.

reviewer: Stanley D. Rose

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City Politics and Planning By Francine F. Rabinovitz New York: Atherton Press, Inc. 1969. Pp. 192. $6.95

reviewer: Robert M. Anderson

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Everyman's Constitution: Historical Essays on the Fourteenth Amendment, the "Conspiracy Theory," and American Constitutionalism By Howard Jay Graham Madison: State Historical Society of Wisconsin, 1968. Pp. xiv, 631. $12.95

reviewer: Robert J. Harris

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The Impact of Negro Voting: The Role of the Vote in the Quest for Equality By William …

Criminal Law - Abortion Statute - Due Process, Joseph C. Visalli

Duquesne Law Review

The Supreme Court of California has held that a statute prohibiting abortions not "necessary to preserve" the mother's life is so vague and uncertain as to be violative of the Fourteenth Amendment's Due Process Clause.

People v. Belous, 80 Cal. Rptr. 354, 458 P.2d 194 (1969).