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A Reappraisal Of Implied Consent And The Drinking Driver, Paul R. Dimond

University of Michigan Journal of Law Reform

This article examines how the law operates, the rights and duties of the state and of the individual, how problems of interpretation should be resolved and whether the present law most effectively balances state and individual interests. The article concludes with suggestions for reform of the law and a reconsideration of ways to control the drinking driver.

Supreme Court Of Texas Is Without Jurisdiction To Grant A Writ Of Mandamus To Direct A District Judge To Dismiss An Indictment In A Criminal Case On The Ground That Relator Was Denied A Speedy Trial., John A. Pizzitola

St. Mary's Law Journal

Abstract Forthcoming.

False Or Suppressed Evidence: Why A Need For The Prosecutorial Tie?, Ronald L. Carlson

Scholarly Works

Many United States Supreme Court decisions have overturned criminal convictions for the reason that the government employed false evidence to obtain the conviction or failed to disclose relevant evidence important to the defense. In reversing federal or state judgments, the Court often has located direct proof of wrongdoing by the prosecutor. The notorious “bloody shorts” case is an example in point. There, the state introduced as evidence a pair of men’s “blood-stained” undershorts to achieve conviction of the accused. When the blood turned out to be red paint, the Supreme Court granted habeas corpus relief to the defendant because “[ilt …

False Or Suppressed Evidence: Why A Need For The Prosecutorial Tie, Ronald L. Carlson

Scholarly Works

Many United States Supreme Court decisions have overturned criminal convictions for the reason that the government employed false evidence to obtain the conviction or failed to disclose relevant evidence important to the defense. In reversing federal or state judgments, the Court often has located direct proof of wrongdoing by the prosecutor. The notorious "bloody shorts" case is an example in point.' There, the state introduced as evidence a pair of men's "blood-stained" undershorts to achieve conviction of the accused. When the blood turned out to be red paint, the Supreme Court granted habeas corpus relief to the defendant because "[it …

Probable Cause For Arrest In Indiana: A Prosecutor Hoist With His Own Kinnaird, F. Thomas Schornhorst

Indiana Law Journal

No abstract provided.

Dangerousness: A Theoretical Reconstruction Of The Criminal Law, Al Katz

Buffalo Law Review

No abstract provided.

Reformation Of Burglary, Susan Bundy Cocke

William & Mary Law Review

No abstract provided.

Pardons In Virginia

Washington and Lee Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Criminal Law--Habeas Corpus-State Prison Regulation Prohibiting Prisoner from Preparing Petition for Fellow Inmates Held Invalid in Absence of Alternative Means of Assistance

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Securities Regulation--Corporation as a Director for the Purposes of Section 16(b) of the 1934 Securities Exchange Act

Lawyers, Criminals, And Corrections: A Call For Specialization, Melvin S. Heller

William & Mary Law Review

No abstract provided.

Theory And Application Of Roscoe Pound's Sociological Jurisprudence: Crime Prevention Or Control?, Louis H. Masotti, Michael A. Weinstein

University of Michigan Journal of Law Reform

The current interest in reforming the administration of justice has been triggered by a number of factors including the 1967 report of the President's Commission on Law Enforcement and the Administration of Justice and the treatment afforded arrestees during the civil disorders of the past few years. The nation is alarmed at the reported annual increases in crime, and this alarm was manifested in the 1968 presidential election when "law and order" became a major issue. Superficially the answer may seem clear: more effective enforcement of the law and, when necessary, more stringent laws. The critical issue, however, is a …

The Limits Of The Criminal Sanction, By Herbert L. Packer, Roger B. Dworkin

Indiana Law Journal

No abstract provided.

Short-Term Rehabilitation And Crim Prevention, Jon C. Mackay

University of Michigan Journal of Law Reform

Any program designed to reduce the rate of recidivism in the United States must be viewed as a valuable tool of crime prevention. It can be safely said that at least two-thirds of the crimes committed every year are committed by recidivists, for over the past decade approximately fifty to sixty per cent of all offenders have become repeaters. Thus the elimination of the recidivist in our society would result in a minimum reduction of thirty-three per cent in the number of crimes committed over a given period of time. The task of eliminating recidivism has been left to the …

The Beginning Of Juvenile Justice, Police Practices, And The Juvenile Offender, Elyce Z. Ferster, Thomas F. Courtless

Vanderbilt Law Review

The public is being asked to make many important decisions which will affect the structure, jurisdiction and function of the juvenile justice system. Before making these decisions, it should have more facts about the present system and the proposed changes. The aim of this study, is to provide some of the needed information. This article, the first publication of the study, concerns the juvenile offender's initial contacts with the juvenile system, his relations with the police and the consequences of these relations. Thus far, this stage of the juvenile justice system has received far less attention than any other aspect …

Habeas Corpus Proceedings In The Supreme Court Of Texas., Joe Greenhill, Martin D. Beirne Jr.

St. Mary's Law Journal

Writs of habeas corpus, anchored both in the common law and Constitution of Texas, are vitally important to secure the freedom of those wrongfully imprisoned. However, minimal literature on the subject exists to assist attorneys who must prepare and present an application for writ of habeas corpus to the Supreme Court of Texas. To address the gap in literature, this article lays out the process attorneys should follow when filing a writ of habeas corpus. The most important items which should be brought before the Court are: (1) a motion for leave to file the application; (2) the application for …

Due Process And The Juvenile Offender., Carlos Cadena

St. Mary's Law Journal

For over sixty years, courts consistently found notions of due process inapplicable in juvenile proceedings. The goal of the juvenile court movement was to establish systems of education and protection of errant children, rather than deterrence and retribution. To accomplish these results, the juvenile court was shorn of all resemblance to criminal courts. Public hearings were to be avoided and the intervention of counsel was not required, since the juvenile judge represented both the child and the state. However, it became clear that children were receiving the protection of the state because they engaged in criminal conduct and with little …

The Presence Requirement And The "Police-Team" Rule In Arrest For Misdemeanors

Washington and Lee Law Review

No abstract provided.

A Comparative Analysis Of The New Penal Laws Of New York And Michigan, B. J. George Jr.

Buffalo Law Review

No abstract provided.

Constitutional Law—Cruel And Unusual Punishment—Conviction Of A Chronic Alcoholic For Public Intoxication Not Violative Of Eighth Amendment Proscription Of Cruel And Unusual Punishment, Robert E. Keller

Buffalo Law Review

Powell v. Texas, 392 U.S. 514 (1968).

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Sentencing: The Good, The Bad, And The Enlightened, Rutheford B. Campbell Jr., Bill Cunningham

Law Faculty Scholarly Articles

In June, 1968 the Kentucky Crime Commission, in keeping with legislative instruction, made certain recommendations for a change in Kentucky's current treatment of crime and punishment. Within its report was a suggestion that sentencing in all non-capital criminal cases be rendered by the judge instead of the jury. Thus, it must be emphasized that this discussion is confined only to sentencing in noncapital cases.

The authors have arrived at a definite recommendation which is offered at the conclusion of the paper. It is our opinion that the suggestion outlined is not only the most efficient and proper but also the …

Psychiatry And The Dilemmas Of Crime, By Seymour L. Halleck, Andrew S. Watson

Indiana Law Journal

No abstract provided.

Form And Function In The Chinese Criminal Process, Stanley B. Lubman

Hong Yen Chang Center for Chinese Legal Studies

This article considers some of the formidable intellectual problems involved in studying the Chinese criminal process. Much can be learned about another country by studying its legal institutions; a study of sanctioning institutions promises insight into a society's view of order, deviance, individual rights, and the allocation and application of punishment. But how can foreign institutions most perceptively be studied? Only rather recently has analysis of the American criminal process become notably more sophisticated. Our own inexperience coupled with China's alienness and the lack of accurate information threaten to impede perceptive studies of Chinese institutions. But the problem is pressing …

Study Of Probation Effectiveness , Frank R. Scarpitti, Richard M. Stephenson

Journal of Criminal Law and Criminology

No abstract provided.

Police Science Book Reviews

Journal of Criminal Law and Criminology

No abstract provided.

Delinquency And The Youth Culture: Upper And Middle-Class Boys, Edmund W. Vaz

Journal of Criminal Law and Criminology

No abstract provided.

Community Policing: An Assessment , A. C. Germann

Journal of Criminal Law and Criminology

No abstract provided.

Small Town Gangs, Dale G. Hardman

Journal of Criminal Law and Criminology

No abstract provided.

Police In A Community--Improving A Deteriorated Image, Joseph Fink

Journal of Criminal Law and Criminology

No abstract provided.

Small Group Dialogue And Discussion: An Approach To Police-Community Relationships, Robert L. Bell, Sidney E. Cleveland, Philip G. Hanson, Walter E. O'Connell

Journal of Criminal Law and Criminology

No abstract provided.