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Recidivist Statutes—Application Of Proportionality And Overbreadth Doctrines To Repeat Offenders—Wanstreet V. Bordenkircher, 276 S.E.2d 205 (W. Va. 1981), Marc G. Wilhelm

Washington Law Review

In 1967 George Wanstreet was convicted of forging a forty-three dollar check and received a life sentence under West Virginia's recidivist statute. This statute, one of the two harshest in the nation, requires life imprisonment for persons convicted of three felonies. Wanstreet had been convicted in 1951 for forging an eighteen dollar check and in 1955 for arson of a barn valued at $490. He had been in prison more than ten years for the 1967 conviction when the West Virginia Supreme Court of Appeals held, in Wanstreet v. Bordenkircher, that his sentence violated the proportionality clause of the West …

Bringing The Rule Of Law To Criminal Sentencing: Judicial Review, Sentencing Guidelines And A Policy Of Just Deserts, Peter A. Ozanne

Loyola University Chicago Law Journal

No abstract provided.

Poetry And The Criminal Law: The Idea Of Punishment In Shakespeare's Measure For Measure, William T. Braithwaite

Loyola University Chicago Law Journal

No abstract provided.

Kentucky Law Survey: Criminal Procedure, William H. Fortune

Kentucky Law Journal

No abstract provided.

Liability For Parole Decisionmaking: The Absence Of Discretion In The Parole Process, Robert F. Polglase

Mercer Law Review

In Payton v. United States, the Fifth Circuit Court of Appeals held that the United States was liable under the Federal Tort Claims Act, for the parole of a federal prisoner who, following release, murdered plaintiff's wife. The court concluded that such parole decisionmaking did not come within the discretionary function exemption of the Federal Tort Claims Act (FTCA).

Book Review: A Theory Of Criminal Justice By Jan Corecki. New York: Columbia University Press. 1979. Pp. Xv, 185. $15.00., Ira Robbins

Book Reviews

Review of A Theory of Criminal Justice by Jan Corecki. New York: Columbia University Press. 1979. Pp. xv, 185. $15.00.

Police Radar 1980: Has The Black Box Lost Its Magic., Joseph Gary Trichter, Joseph Patterson

St. Mary's Law Journal

Abstract Forthcoming.

Survey Of Developments In West Virginia Law: 1980

West Virginia Law Review

No abstract provided.

Interrogation Without Questions: Rhode Island V. Innis And United States V. Henry, Welsh S. White

Michigan Law Review

In Rhode Island v. Innis, the Court defined "interrogation" within the meaning of Miranda; and in United States v. Henry, it defined "deliberate elicitation" within the meaning of Massiah. This article explores the implications of Innis and Henry, suggests readings of the new tests consistent with their purposes, and applies the tests to several situations where the scope of the fifth and sixth amendment protections remains unclear.

The Insanity Defense In Juvenile Delinquency Proceedings, Maxine M. Harrington, Ann O'Regan Keary

Faculty Scholarship

The insanity defense in delinquency proceedings poses an important legal dilemma concerning the rights of children in the juvenile justice system. Indeed, beyond the purely legal concerns of the rights of an accused juvenile, the concept of criminal responsibility in the context of juvenile court proceedings raises perhaps an even more important issue of what is the best model for dealing with mentally ill juvenile offenders, both from the juvenile's viewpoint and that of society as a whole. It is our opinion that not only does the insanity defense have an appropriate role in juvenile proceedings, but that legal as …

Federal Habeas Corpus: Greater Protection For "Innocent" State Prisoners After Jackson V. Virginia, Jennie L. Montgomery

University of Richmond Law Review

In Jackson v. Virginia, the Burger Court recently made an apparent "about face" with regard to the scope of powers extended to a federal habeas corpus court reviewing a state court conviction. On the basis of this ruling, habeas corpus petitioners may now demand federal court examination of whether the evidence produced at their trials was sufficient to justify a finding of guilt beyond a reasonable doubt. Jackson is, therefore, a significant step beyond the Warren Court rule that due process is violated only when the record is totally devoid of any evidence to support the conviction.

The Exclusionary Rule In Parole Revocation Hearings : Deterring Official Infringement Of Parolees' Fourth Amendment Rights, Billy Glenn Dupree Jr.

BYU Law Review

No abstract provided.

The Exclusionary Rule In Historical Perspective: The Struggle To Make The Fourth Amendment More Than 'An Empty Blessing', Yale Kamisar

Articles

In the 65 years since the Supreme Court adopted the exclusionary rule, few critics have attacked it with as much vigor and on as many fronts as did Judge Malcolm Wilkey in his recent Judicature article, "The exclusionary rule: why suppress valid evidence?" (November 1978).

A Defense Of The Exclusionary Rule, Yale Kamisar

Articles

The exclusionary rule is being flayed with increasing vigor by a number of unrelated sources and with a variety of arguments. Some critics find it unworkable and resort to empirically based arguments. Others see it as the product of a belated and unwarranted judicial interpretation. Still others, uncertain whether the rule works, are confident that in some fashion law enforcement's hands are tied. Professor Yale Kamisar, long a defender of the exclusionary rule, reviews the current attacks on the rule and offers a vigorous rebuttal. He finds it difficult to accept that there is a line for acceptable police conduct …

Preventive Detention And Equal Protection Of The Law In Texas., Mark Stevens

St. Mary's Law Journal

Abstract Forthcoming.

Survey Of Develpoments In West Virginia Law: 1977, Joseph W. Bowman, Thomas Evans, Janet Archer Goodwin, Laura Jane Kelly, Kenneth E. Tawney

West Virginia Law Review

No abstract provided.

Sentencing Antitrust Felons

Washington and Lee Law Review

No abstract provided.

The Disposition Process Under The Juveniles Justice Standards Project, Stanley Z. Fisher

Faculty Scholarship

The Juvenile Justice Standards Project volumes were publicly discussed for months prior to their publication. Unavoidably, much of the discussion was based upon rumor regarding their contents. In that context, critics charged that the proposed Standards would "destroy the nation's juvenile court system and replace it with a 'junior criminal system' "1 and claimed that the Standards substitute the philosophy of "just deserts" for the traditional rehabilitative goals of juvenile justice.' The news media described the Standards on disposition of delinquents as designed to "fit the penalty to the crime, no matter what the age of the perpetrator. '3 I …

Iv. Criminal Procedure

Washington and Lee Law Review

No abstract provided.

Sentencing Alternatives For Virginia General District Courts, Jose R. Davila Jr., Robert L. Mordhorst

University of Richmond Law Review

The endless parade of humanity that passes before the benches of Virginia's general district courts accused of minor offenses presents to those charged with deciding these cases one of the most challenging judicial tasks of our day. The challenge in addition to deciding guilt or innocence is also determining what to do with those judged guilty. Those decisions influence to one degree or another the direction of peoples lives for their own and society's good or ill. Most of the offenders appearing before these courts are young people, often first offenders. The behavior patterns of their lives are not yet …

Fred E. Inbau: 'The Importance Of Being Guilty', Yale Kamisar

Articles

As fate would have it, Fred Inbau graduated from law school in 1932, the very year that, "for practical purposes the modern law of constitutional criminal procedure [began], with the decision in the great case of Powell v. Alabama."1 In "the 'stone age' of American criminal procedure,"2 Inbau began his long fight to shape or to retain rules that "make sense in the light of a policeman's task,"3 more aware than most that so long as the rules do so, "we will be in a stronger position to insist that [the officer] obey them."4

Stone V. Powell, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

In Re Forfeiture Of The Following Described Vehicle, 1972 Porsche 2 Dr., '74 Florida License Tag Id 91788 Vin #9111200334, 307 So. 2d 451 (Fla. 3d Dist. Ct. App. 1975), Michael P. Mabile

Florida State University Law Review

Criminal Law- FORFEITURES- SIGNIFICANT INVOLVEMENT IN ILLICIT DRUG OPERATION REQUIRED TO JUSTIFY AUTOMOBILE FORFEITURE; EVIDENCE OBTAINED BY ILLEGAL SEARCH INADMISSIBLE IN FORFEITURE PROCEEDING; IMPOUNDMENT OF AUTOMOBILE WITHOUT WARRANT IN ABSENCE OF PROBABLE CAUSE AND EXIGENT CIRCUMSTANCES INVALIDATES RELATED INVENTORY SEARCH.

Criminal Procedure--Parole Revocation Hearings Hearings--Requiring The Reasonable Doubt Standard Of Proof And The Application Of Double Jeopardy Principles--Standlee V. Smith

BYU Law Review

No abstract provided.

The Prisoner's Right To A Statement Of Reasons For Parole Denial: Silence Is Not Always Golden, William Ernsthaft

Buffalo Law Review

No abstract provided.

Disquisition On The Need For A New Model For Criminal Sanctioning Systems, M. Kay Harris

West Virginia Law Review

The time is ripe for a major restructuring of our criminal sanctioning systems. Pressures for change are arising from many sources. As crime rates continue to rise and public fear of crime grows apace, thoughtful persons from many walks of life are more strongly articulating the need to find a different method of dealing with those convicted of violating the criminal law. The criminal prosecutions and dispositions arising from Watergate and related cases have brought many of the issues of unequal justice into the thoughts of American citizens. Proposals for criminal and penal code revision await action in legislatures throughout …

Expanding Defendant's Discovery: The Jencks Act At Pretrial Hearings, David B. Olney

Buffalo Law Review

No abstract provided.

Recent Cases, Michael D. Kelly, Robert D. Tuke

Vanderbilt Law Review

Antitrust Law--Clayton Act--Statistics of Market Concentration and Increased Market Share are Insufficient to Show Violation of Section 7 When Other Factors Mandate a Conclusion that Competition will not be Substantially Lessened by the Contested Acquisition --

Preservation of a large number of marginal competitors does not necessarily result in the optimum level of competition, and size per se is not illegal' and should not be equated with anticompetitive effect. Seemingly, the competitive objectives of antimerger law have been infused with a theory characterized by socio-political feelings of hostility towards large, integrated corporations contrasted with friendliness toward small, independent business units …

Criminal Procedure--Habeas Corpus--Federal Jurisdiction Expanded, Charles J. Kaiser

West Virginia Law Review

No abstract provided.

Practice And Procedure Under The Illinois Post-Conviction Hearing Act, 8 J. Marshall J. Prac. & Proc. 129 (1974), Alan Rabunski

UIC Law Review

No abstract provided.