Digital Commons Network^™

The Public Safety Exception To Miranda: Analyzing Subjective Motivation, Marc Schuyler Reiner

Michigan Law Review

This Note argues, however, that the appropriate inquiry under Quarles is whether an actual and reasonable belief in an emergency motivated the interrogating officer. This Note proposes a two-prong test to facilitate this inquiry. The subjective motivation prong evaluates the officer's subjective motivation as revealed by objective factors: the. content of the officer's questions, when he asked them, and when the suspect received Miranda warnings. The objective reasonableness prong looks at the objective circumstances to determine the reasonableness of the officer's belief in an emergency.

Part I demonstrates that the Quarles opinion actually contemplates and requires analysis of the officer's …

Chopping Miranda Down To Size, Michael Chertoff

Michigan Law Review

A Review of Confessions, Truth, and the Law by Joseph D. Grano

Ua12/8 Chief News, Wku Police

WKU Administration Documents

WKU Police departmental newsletters for 1995.

Are The Children Of Illinois Protected From Sex Offenders, 28 J. Marshall L. Rev. 883 (1995), Matthew J. Herman

UIC Law Review

No abstract provided.

Introduction (Symposium: Police Corruption, Municipal Corruption: Cures At What Cost?), Ross Sandler

Articles & Chapters

No abstract provided.

Dying To Get Out: A Study On The Necessity, Importance, And Effectiveness Of Prison Early Release Programs For Elderly Inmates And Inmates Suffering From Hiv Disease And Other Terminal-Centered Illnesses, Susan Lundstrom

Brigham Young University Journal of Public Law

No abstract provided.

Brutality In Blue: Community, Authority, And The Elusive Promise Of Police Reform, Debra Ann Livingston

Michigan Law Review

A Review of Above the Law: Police and the Excessive Use of Force by Jerome H. Skolnick and James J. Fyfe

Enforcing Corrections-Related Court Orders In The District Of Columbia, Jonathan M. Smith

University of the District of Columbia Law Review

In 1909, a presidential commission made the following comment about the conditions that prevailed in the District of Columbia's jail: That men and women should be sent to these narrow and confined cells, the lazy to be fostered in laziness, the industrious to be deprived of every form of employment, in one promiscuous assembly, to corrupt and be corrupted by each other, to be fed like beasts and maintained at the public charge, with no prospect for improvement in condition, with the moral certainty that they will come out far worse than they went in, is a fact that has …

Overlooked Victories: Techniques For Negotiating Non-Capital Outcomes, Lesley Meredith James

Capital Defense Journal

No abstract provided.

Incorporating The Suspension Clause: Is There A Constitutional Right To Federal Habeas Corpus For State Prisoners?, Jordan Steiker

Michigan Law Review

In the early 1960s, the Supreme Court adopted generous standards governing federal habeas petitions by state prisoners. At that time, the Court suggested, rather surprisingly, that its solicitude toward such petitions might be constitutionally mandated by the Suspension Clause, the only provision in the Constitution that explicitly refers to the "Writ of Habeas Corpus." Now, thirty years later, the Court has essentially overruled those expansive rulings, and Congress has considered, though not yet enacted, further limitations on the availability of the writ. Despite these significant assaults on the habeas forum, the constitutional argument appears to have been entirely abandoned. The …

Ua12/8 Chief News, Wku Police

WKU Administration Documents

WKU Police departmental newsletters for 1994.

Process And Prediction: A Return To A Fuzzy Model Of Pre-Trial Detention, Jack F. Williams

Faculty Publications By Year

No abstract provided.

Brutality In Blue: Community, Authority, And The Elusive Promise Of Police Reform, Debra A. Livingston

Faculty Scholarship

In January 1994, President Clinton invited Kevin Jett, a thirtyone-year-old New York City police officer who walks a beat in the northwest Bronx, to attend the State of the Union Address. Jett stood for Congress's applause as the President called for the addition of 100,000 new community police officers to walk beats across the nation. The crime problem faced by Officer Jett and community police officers like him, the President said, has its roots "in the loss of values, the disappearance of work, and the breakdown of our families and communities." According to the Clinton administration, however, the police – …

Collected Working Papers, Phase 2, Portland Police Bureau/National Institute Of Justice Community Policing Assessment Project, Brian Stipak, Annette I. Jolin, Maria Clavadetscher, Susan Immer, James Marshall

Center for Urban Studies Publications and Reports

Portland State University is one of three agencies, along with the Portland Police Bureau and the University of Oregon, working on a project funded by a grant from the National Institute of Justice, United States Department of Justice. The purpose of the grant is to develop and implement methods of measuring the performance of community policing. As the recipient of the grant, the Police Bureau has contracted with Portland State University, and also with the University of Oregon, to do some of the work for the grant. This PSU report of collected working papers was produced wider the contract between …

Ua12/8 Chief News, Wku Police

WKU Administration Documents

WKU Police departmental newsletters for 1993.

Jails And Prisons – Reservoirs Of Tb Disease: Should Defendants With Hiv Infection (Who Cannot Swim) Be Thrown Into The Reservoir?, Faith Colangelo, Mariana Hogan

Articles & Chapters

No abstract provided.

Ua12/8 Chief News, Wku Police

WKU Administration Documents

WKU Police departmental newsletter for the year 1992.

A Modest Proposal To End Gun Running In America, Jeremy Travis, William Smarrito

Fordham Urban Law Journal

Gun violence is a serious issue in our society. However, finding common ground between those who favor, and those who oppose, gun control can be a difficult task. Mayor David Dinkins and the Police Department propose a four prong solution that would pave a middle ground acceptable to most individuals. (1) put teeth into the existing federal regulations concerning those proscribed from purchasing a gun, (2) limit interstate shipment of firearms only to those federal firearms dealers who show that they have complied with any existing local firearms dealer requirements; (3) provide tracing capabilities for interstate shipments of weapons; and …

Homicide And History, Edward L. Ayers

History Faculty Publications

Violence seems more threatening today than in the relatively recent past. For centuries, crime was kept out of sight. The "criminal classes" were segregated from the rest of society. Newspapers, police, and courts paid relatively little attention to crimes among the poor. Today, things are different: television news thrives on scenes of flashing lights, distraught parents, and bloody sidewalks. Police continually patrol parts of town they used to ignore. Modern transportation permits members of the "dangerous classes" to range more widely than before. As a result, the general population is far more aware of violence now than in the past.

Limits On The State's Power To Confine "Dangerous" Persons: Constitutional Implications Of Foucha V. Louisiana, James W. Ellis

Seattle University Law Review

This Article does not attempt a complete analysis of all the constitutional implications of Foucha,nor does it attempt to provide a definitive answer to the question of the constitutionality of Washington's sexual predator statute. Rather, because Foucha addressed important due process and equal protection questions relevant to the Washington statute, the Article is an attempt to analyze the case's basic constitutional holdings and discussion on the issue of state deprivation of physical liberty.

The Politics Of Sexual Psychopathy: Washington State's Sexual Predator Legislation, Stuart Scheingold, Toska Olson, Jana Pershing

Seattle University Law Review

What are the principles that guide this return to indeterminacy? Taken at face value, rehabilitation would seem to be the goal of the civil commitment provisions that make avail- able a treatment program to cure and reintegrate sexual offenders. Of course, rehabilitation was unequivocally rejected by determinate sentencing reformers, who considered it both discriminatory and ineffective.6 An alternative interpretation is that the sexual predator provisions lead in an incapacitative direction-that is, they are designed to predict which offenders are so dangerous that they must be more or less permanently institutionalized to protect the society. Either way, the sexual predator legislation …

Washington's Sexually Violent Predator Law: A Deliberate Misuse Of The Therapeutic State For Social Control, John Q. La Fond

Seattle University Law Review

This Article will demonstrate that the Washington legislature deliberately chose to abuse the medical model of involuntary commitment for treatment in order to achieve lifetime preventive detention. In so doing, the legislature violated fundamental constitutional principles that underlie our system of social care and control and safeguard individual liberty.

The Constitutionality And Morality Of Civilly Committing Violent Sexual Predators, Alexander D. Brooks

Seattle University Law Review

This Article will address four major substantive constitutional and moral challenges to the Washington Sexually Violent Predator statute. The first is that the statute provides for unacceptable preventive detention contrary to American tradition and law. The second is that the terminology used to identify the mental condition of sexually violent predators is vague and meaningless, resulting in inaccurate and unfair applications and lacking in uniformity. The third objection is that the treatment program necessarily relies on a false assumption that efficacious treatment is available and argues that without efficacious treatment the statute must fail. Fourth, the confinement involved, which theoretically …

The Fourth Amendment And Its Exclusionary Rule, Yale Kamisar

Articles

"The history of liberty," Justice Felix Frankfurter once noted, "has largely been the history of observance of procedural safeguards" and "the history of the destruction of liberty," Professor Anthony Amsterdam has added, "has largely been the history of the relaxation of those safeguards in the face of plausible sounding governmental claims of a need to deal with widely frightening and emotion freighted threats to the good order of society." These plausible-sounding government claims are being heard today -and they are putting enormous pressure on the Fourth Amendment, the constitutional provision that protects "the right of the people to be secure …

Ua12/2/2 Talisman: The Western World, Wku Student Affairs

WKU Administration Documents

1991 Talisman yearbook with the following articles:

• Wilkerson, Brian. A Welcome Home – Homecoming
• Edwards, Cheryl. Spirited Gatherings . . . Halloween Spawns Creativity
• Buckson, Robin. All Shook Up Over Nothing – New Madrid Fault
• Black, Sam. They’ve Got You Covered – Condoms
• Black, Sam. Raising the Roof – Preston Health & Activities Center
• Hardin, Billy. Student Takes Office – Jeff Goff
• Hadley, Kim. President Takes Notes – Thomas Meredith
• Hadley, Kim. STAR Light – Students Together Against Rape
• Hardin, Billy. Can We Talk? – Counseling Center
• White, Robin. A Time to Heal – Children of America / World
• Frecska, …

Ua12/8 Chief News, Wku Police

WKU Administration Documents

WKU Police departmental newsletter for 1991.

Brock V. State: The Aids Virus As A Deadly Weapon, 24 J. Marshall L. Rev. 677 (1991), Timothy P. Martin

UIC Law Review

No abstract provided.

The Exigent Circumstances Exception To The Warrant Requirement, H. Patrick Furman

Publications

No abstract provided.

An Alternative Public Health Vision For A National Drug Strategy: "Treatment Works", Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

This article returns to a war waged virtually throughout this century--a war between the theories of punishment and rehabilitation in curtailing the drug epidemic. Today, the terms of the war are recast as supply-side policies based upon law enforcement; destroying crops in source countries; interdiction and increased sentencing; and demand reduction based upon prevention, education, and treatment. The war on drugs has reached a feverish pitch. New policies and statutes have tightened the grip of supply-side policies, with images of battle and hate mongering which go beyond the vilified drug lords and governments which harbor them, to the middle men, …

Search And Seizure

Touro Law Review

No abstract provided.