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Interaction Between State And Federal Right To Counsel: The Overruling Of Bartolomeounsel: The Overruling Of Bartolomeo, Joseph D. Sullivan

Touro Law Review

No abstract provided.

Washington's Discretionary Immunity Doctrine And Negligent Early Release Decisions: Parole And Work Release, Marie Aglion

Washington Law Review

The Washington Supreme Court has held the discretionary immunity doctrine to constitute a highly circumscribed exception to the rule of governmental liability. An analysis of Washington case law reveals that parole and work release determinations properly fall outside the pale of the exception. A negligent decision to place a sex or violent offender in a parole or work release program therefore should subject the state to liability. The Author proposes a negligence-based liability rule that would create incentives to due care on the part of state administrators responsible for parole and work release decisions without imposing an unreasonable burden on …

Washington's New Sexual Offender Civil Commitment System: An Unconstitutional Commitment System And Unwise Policy Choice, Brian G. Bodine

Seattle University Law Review

This Comment will discuss the portion of the legislation that established the system of involuntary civil commitment of violent sexual predators [hereinafter Violent Sexual Predator Commitment System]. This Comment will explore whether the Violent Sexual Predator Commitment System could withstand procedural and substantive due process challenges. Additionally, because the system is premised on a mental disorder of the sexually violent person, the commitment scheme will also be compared with the Involuntary Treatment Act's civil commitment system, to determine whether the Violent Sexual Predator Commitment System violates the equal protection clause of the fourteenth amendment to the United States Constitution. After …

Police-Obtained Evidence And The Constitution: Distinguishing Unconstitutionally Obtained Evidence From Unconstitutionally Used Evidence, Arnold H. Loewy

Michigan Law Review

The article will consider four different types of police-obtained evidence: evidence obtained from an unconstitutional search and seizure, evidence obtained from a Miranda violation, confessions and lineup identifications obtained in violation of the sixth amendment right to counsel, and coerced confessions. My conclusions are that evidence obtained from an unconstitutional search and seizure is excluded because of the police misconduct by which it was obtained. On the other hand, evidence obtained from a Miranda violation is (or ought to be) excluded because use of that evidence compromises the defendant's procedural right not to be compelled to be a witness against …

Law Enforcement Services In Clackamas County: Description And Financial Analysis, Judy Seppanen Davis, Peter B. Morris, Mark Bechtel, Jan Monroe, Charles Tracy, Sheldon Edner

Center for Urban Studies Publications and Reports

This report was prepared for the Clackamas County Blue Ribbon Committee on Law Enforcement by the Center for Urban Studies, Portland State University. The report provides a description of the current system of law enforcement service provision in the County by city and County service providers. It also analyzes the current financing process of law enforcement with regard to the equity of service received in relation co amounts paid by city and County residents. The analysis focuses only on law enforcement and does not address rhe other services provided by the County or other jurisdictions. Further, the findings presented here …

Clearing The Roadblocks To Sobriety Checkpoints, Mark R. Soble

University of Michigan Journal of Law Reform

This Note examines the constitutional and policy implications of sobriety checkpoints. Part I discusses the competing interests involved in implementing sobriety checkpoints. Part II presents an appropriate constitutional standard for judging sobriety checkpoints. Part III proposes reform-oriented measures that conform to constitutional guidelines. This Note concludes that properly conducted sobriety checkpoints are constitutional.

Ua12/8 Newsletter, Wku Police

WKU Administration Documents

WKU Police departmental newsletters for 1988.

Preventive Detention: Illinois Takes A Tenative Step Towards A Safer Community, 21 J. Marshall L. Rev. 389 (1988), Carolyn Nickels Offenbach

UIC Law Review

No abstract provided.

Privatization And Prisons, E. S. Savas

Vanderbilt Law Review

"Privatization" means increased governmental reliance on the private sector, rather than on government agencies, to satisfy the needs of society. Since the word was first used in 1969,' privatization has gained broad recognition and widespread acceptance, and,in recent years, a major trend toward privatization has developed in the United States and abroad. The reasons for this trend are both pragmatic and ideological. Pragmatists advocate privatization because it offers a more efficient way to provide goods and services. Ideological opponents of big government support privatization be-cause it reduces the role of government. Privatization is therefore an important movement in East and …

Ua12/8 Newsletter, Wku Police

WKU Administration Documents

WKU Police departmental newsletters for 1987.

The Law Enforcement Officers' Privilege Against Compelled Self-Incrimination, Byron L. Warnken

University of Baltimore Law Review

Although the fifth amendment privilege against compelled self-incrimination applies to all citizens, law enforcement officers traditionally have had to either waive the privilege when subjected to questioning or face punitive personnel action. Courts consistently held that a law enforcement officer's right to retain office depended on a willingness to forego constitutional protections.

The Supreme Court decided several cases beginning in the late 1960's that extended the full fifth amendment privilege to law enforcement officers, but lower courts have misconstrued these cases and have continued to deny fifth amendment protections. In 1974, Maryland became the first of four states to enact …

The Right To Counsel During Custodial Interrogation: Equivocal References To An Attorney-Determining What Statements Or Conduct Should Constitute An Accused's Invocation Of The Right To Counsel, Matthew W.D. Bowman

Vanderbilt Law Review

The fifth amendment to the United States Constitution guarantees to all persons the privilege against compelled self-incrimination. In Miranda v. Arizona, the United States Supreme Court interpreted the fifth amendment to require a specified set of procedural safeguards that law enforcement officers must follow to protect adequately each individual's fifth amendment rights. The Miranda safeguards require that prior to an accused's custodial interrogation, government officials must inform the accused that he has the right to remain silent; that any of his statements maybe used against him in a subsequent criminal action; that he has the right to confer with counsel; …

Ua12/8 Newsletter, Wku Police

WKU Administration Documents

WKU Police departmental newsletters for 1986.

Police Interrogation And Confessions, Yale Kamisar

Book Chapters

In the police interrogation room, where, until the second third of the century, police practices were unscrutinized and virtually unregulated, constitutional ideals collide with the grim realities of law enforcement.

Corrections In Crisis : Report Of The Governor's Blue Ribbon Commission On Corrections, Maine Governor's Blue Ribbon Commission On Corrections

Maine Collection

Corrections In Crisis : Report of the Governor's Blue Ribbon Commission on Corrections.

Augusta, Me., The Commission, December 1985

"This Commission was funded through the 1984 Appropriations Act, P.L. 1983, Ch. 824, Pt. A."

Contents: Preamble / Summary of Recommendations / Community Corrections Recommendations / Sentencing Recommendations / Correctional Management Recommendations / Selected Legislative Issues / Conclusion

Mcfeeley V. The United Kingdom: Death Knell For Prisoners Of The Maze

Antioch Law Journal

In McFeeley v. The United Kingdom, seven prisoners in the H-Block cells of Northern Ireland's Maze Prison filed an application against the government of the United Kingdom, hoping to attain political prisoner status under Article 9 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter the Convention).I The seven prisoners also alleged violations of Articles 3, 6, 8, 9, 10, 11, 13 and 14 of the Convention. 2 The European Commission of Human Rights (hereinafter the Com- mission) declared most of the application inadmissible. The Commission found that granting special status to the prisoners was …

Ua12/8 Newsletter, Wku Police

WKU Administration Documents

WKU Police departmental newsletters for 1985.

Ua12/8 Departmental Newsletter, Wku Police

WKU Administration Documents

WKU Police departmental newsletters for 1984.

Developing A Victims' Suit For Injuries Caused By A Compulsorily Released Prisoner, Leonard M. Niehoff

University of Michigan Journal of Law Reform

This Note advocates the development of a tort remedy for victims injured by a compulsorily released prisoner. This remedy would be based on existing tort theory permitting suits against third parties whose negligence causes or facilitates a criminal act. The victim would bring suit against both the state and third parties who aided in the criminal release determination . To support his claim, the victim would allege: (1) that state officials negligently selected the offending inmate for early release; and (2) that the state negligently maintained the unconstitutional prison conditions which precipitated the release.

Part I of this Note discusses …

Ua12/8 Departmental Newsletter, Wku Police

WKU Administration Documents

WKU Police departmental newsletters for 1983.

Relief For Prison Overcrowding: Evaluating Michigan's Accelerated Parole Statute, Frank T. Judge Iii

University of Michigan Journal of Law Reform

This Note describes and analyzes Michigan's Prison Overcrowding Emergency Powers Act. Part I reviews briefly current efforts to relieve prison overcrowding and concludes that traditional remedies are largely inadequate. Part II examines the early prisoner release statute and its implementation. Finally, Part III evaluates the statute's success in relieving prison overcrowding .

Ua12/8 Departmental Newsletter, Wku Police

WKU Administration Documents

WKU Police departmental newsletters for 1982.

Administering The Death Penalty

Washington and Lee Law Review

No abstract provided.

Ua12/8 Departmental Newsletter, Wku Police

WKU Administration Documents

WKU Police departmental newsletters for 1981.

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.

Ua12/8 Departmental Newsletter, Wku Police

WKU Administration Documents

WKU Police departmental newsletters for 1980.

Municipal Liability For Police Misconduct, 51 Miss. L.J. 1 (1980), Michael P. Seng

UIC Law Open Access Faculty Scholarship

No abstract provided.

Execution Without Trial: Police Homicide And The Constitution, Lawrence W. Sherman

Vanderbilt Law Review

This analysis of police homicide and the Constitution leads to the conclusion that the present state laws are unconstitutional, not just in the common-law states, but in the Model Penal Code and"forcible felony" states as well.' The present laws of every state in the union deny police homicide victims fifth and fourteenth amendment rights to due process, allow the punishment of death to be imposed in a cruel and unusual fashion, and appear to deny equal protection to blacks. The only constitutional alternative apparent is to remove police homicide from the realm of punishment and confine justification for it to …

Ua12/8 Departmental Newsletter, Wku Police

WKU Administration Documents

WKU Police departmental newsletters for 1979.

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).