Digital Commons Network^™

The Right Of Prisoner Access: Does Bounds Have Bounds?, Josephine R. Potuto

Indiana Law Journal

No abstract provided.

Hostile-Audience Confrontations: Police Conduct And First Amendment Rights, Michigan Law Review

Michigan Law Review

This Note first suggests an explicit standard for police conduct in the hostile-audience situation that defines procedures the police must follow at various stages to avoid violating the first amendment. The standard reflects the fact that first amendment free speech rights are not absolute and that such rights must be weighed against both compelling state interests and the competing constitutional claims of other persons. It seeks to reconcile the interest in public order with our constitutional commitment to open discussion and robust debate. Finally, to deter police abuse of first amendment rights in the hostile-audience context, reforms of tort law …

Improving The Criminal Justice System: The Need For A Commitment, Donald J. Horowitz

Washington Law Review

Society asks a great deal of the criminal justice system. It asks for protection, punishment, rehabilitation, and humanity; it simultaneously asks that the system operate accurately, efficiently and fairly. Recently, societal concern has been sharply focused on the criminal justice system and most particularly on its correctional and sentencing aspects. The rising crime rate is blamed on the failure of the system to deal properly with offenders. This assumes too great a potency in the criminal justice system however; many other factors in society have a far greater impact on the incidence of crime and violence. The criminal justice system, …

Good Intentions Gone Awry—A Proposal For Fundamental Change In Criminal Sentencing, Christopher T. Bayley

Washington Law Review

This article will discuss the individual treatment model and analyze the fallacies of current sentencing practices and philosophies. Concluding that the treatment model is inappropriate because it fails to consider fundamental principles of justice and the purposes of the criminal law, it will offer an alternative proposal for sentencing that is not dependent on the theory of rehabilitation.

Prisoner's Rights--The Need For An Inmate Grievance Commission In West Virginia, Thomas W. Kupec

West Virginia 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 …

Evaluations Research In Corrections: Status And Prospects Revisited, Ilene Nagel Bernstein

Articles by Maurer Faculty

No abstract provided.

Police Discretion With Respect To The Juvenile Offender, Department Of Public Safety, Multnomah County, Oregon, Muriel Bridges, Monty Merritt

Dissertations and Theses

This is an exploratory study which focuses on the types of information that deputies assigned to the Department of Public Safety, Multnomah County, Oregon, consider important when making a decision regarding the disposition of a juvenile offender.

This empirical study developed as a result of participant observation. The authors spent one year working with deputies as part of police-social worker teams. During the course of the year it became apparent that police use a considerable amount of discretion when determining the disposition of a juvenile offender.

The purpose of this exploratory study was to investigate systematically:

1. the types of information …

Federal Habeas Corpus: Limitations On Successive Applications From The Same Prisoner, Richard A. Williamson

William & Mary Law Review

No abstract provided.

Legal Rights In A Juvenile Correctional Institution, Matthew L. Myers

University of Michigan Journal of Law Reform

This article focuses on the effect on juvenile correctional institutions of the erosion of the "hands-off" doctrine and the introduction of procedural safeguards in the juvenile justice system. In so doing, the article examines the difficulties inherent in any attempt to reform institutional practices and procedures to accommodate the goals of the juvenile correctional model. In the juvenile context, the extent to which fundamental rights need or may be abrogated to allow the institution freedom to rehabilitate and treat its inmates is crucial. Therefore, this article examines three areas involving fundamental constitutional rights: imposition of punitive segregation, freedom of communication, …

Police Use Of Firearms In West Virginia--An Empirical Study, James R. Keegan

West Virginia Law Review

In its study of crime and law enforcement in the United States, the President's Commission on Law Enforcement and Administration of Justice found it "surprising and alarming that few police departments provide their officers with careful instruction on the circumstances under which the use of a firearm is permissible." This failure on the part of police administrators leaves the uninformed patrolman, charged with the day to day duty of law enforcement, subject to civil and criminal liability for the wrongful use of his weapon. It also needlessly exposed the innocent bystander to death or grievous bodily harm. To discover the …

Criminal Law—Court Orders Broad Relief To Inmates Throughout The Virginia Penal System Where Constitutional Rights Have Been Violated., Arthur H. Ackerhalt

Buffalo Law Review

Landman v. Royster, 333 F. Supp. 621 (E.D. Va. 1971).

Removing The Stigma Of Arrest: The Courts, The Legislatures And Unconvicted Arrestees, William J. Leedom

Washington Law Review

Society punishes criminal conduct by incarceration and moral condemnation. Prior to imposing sanctions for the commission of criminal acts, the accused must be proven guilty beyond a reasonable doubt in accordance with adequate procedural safeguards. Yet each year thousands of unconvicted arrestees are subjected to the same stigma which society imposes on those who are convicted because the records of all arrestees, whether convicted or not, are retained and disseminated by law enforcement agencies. This comment will first present the arrest record debate. The traditional justifications for the present system will be compared with those underlying the new approach to …

The Demands Of The Inmates Of Attica State Prison And The United Nations Standard Minimum Rules For The Treatment Of Prisoners: A Comparison, Douglas J. Besharov, Gerhard O. W. Mueller

Buffalo Law Review

No abstract provided.

A Comment On Sostre V Mcginnis, Herman Schwartz

Buffalo Law Review

No abstract provided.

Police Initiated Emergency Psychiatric Detention In Michigan, Mark F. Mehlman

University of Michigan Journal of Law Reform

While performing his duties a police officer may frequently be confronted with the behavior of an individual which threatens or has resulted in self-inflicted injury, or which poses an imminent threat to the safety of others. Under such circumstances an officer may determine that criminal arrest is inappropriate but that some form of restraint is necessary. Michigan has provided an alternative course of action by authorizing temporary emergency psychiatric detention of an individual whom a police officer deems to be "mentally ill and manifesting homicidal or other dangerous tendencies."

The Parole Board's Duty Of Self-Regulation, John P. Quinn

University of Michigan Journal of Law Reform

This article examines the Michigan Parole Board in terms of its structure, mode of operation, and certain legal issues raised by its procedures. The note argues that the Board's and the legislature's concept of professional, scientific decision-making is not an adequate substitute for the checks and balances which confine and control the discretion of other governmental agencies, and furthermore, that this concept is inconsistent with both the letter and spirit of the Michigan Administrative Procedures Act (MAPA or Act). Thereafter, an approach is suggested by which the Act can be used as a tool to legitimate and rationalize Parole Board …

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

Buffalo Law Review

No abstract provided.

Challenges To Humanitarian Legal Approaches For Eliminating The Hazards Of Drunk Alcoholic Drivers, Joseph W. Little

Georgia Law Review

Two epidemics ravage this country. One is the plague of highway crashes that claims the lives of three scores of thousands of Americans each year. The other is the scourge of alcoholism that brings not only personal degradation to the lives of six million sufferers but also despair, hardship, suffering and death to countless nonalcoholic persons. As even a cursory review of current legal literature will reveal, research findings demonstrate beyond any doubt that these two epidemics are not mutually independent. Although one is rarely able to place definite causal blame upon any single factor in any instance, statistical evidence …

Implied Consent-Highway Safety, William Douglass Goodwin

West Virginia Law Review

No abstract provided.

Arrest Procedure--Right To Use Force To Arrest During A Riot, John William Bland Jr.

Kentucky Law Journal

No abstract provided.

Chronic Alcoholic Court Offenders: An Alternative To The Drunk Tank, Jack H. Watson, Jr

Georgia Law Review

T HE social problem of alcoholism may be divided into two categories: (1) that of the "visible" alcoholic or "chronic alcoholic court offender" whose illness is manifested hundreds of thousands of times per year either on city streets, or in countless city and county stockades acoss the country; and (2) that of the "invisible" alcoholic whose illness is just as serious, but whose social and economic position permits him to suffer through years of alcoholism without being arrested or taken before a magistrate for being drunk in public. It is estimated that over 6,500,000 persons in the United States are …

Liability Of Police Officers For Misuse Of Their Weapons, Herbert E. Greenston

Cleveland State Law Review

The focus of this article is twofold: it will begin by examining the historical development of the body of law which deals with the liability of the police officer for the negligent use of his weapons, and it will attempt to consider the practical problems confronting the attorney for the injured plaintiff in marshalling his evidence and presenting his case.

The Ex-Convict's Right To Vote, David H. Getches

Publications

No abstract provided.

Federal Habeas Corpus And The State Court Criminal Defendant, Frank W. Wilson

Vanderbilt Law Review

Federal habeas corpus for state prisoners is one of the most controversial and emotion-ridden subjects in the entire field of criminal law. Considering the period over which this controversy has continued, it is surely one of the oldest unresolved disputes between the state and federal courts. The removal of an action from a state to a federal court may sometimes cause ruffled feelings, but few judges remain long offended at being relieved of trying a lawsuit. On the other hand, when a federal judge reverses a state judge who has been affirmed by the state appellate courts, forcing him to …

Order And Civil Liberties: A Complex Role For The Police, George Edwards

Michigan Law Review

The Honorable Edward J. Jeffries was Mayor of the City of Detroit at the time. He was a great mayor; but he had not known that this terror was imminent or that it was even possible. This attitude was shared by most of the city's residents, and to say that Detroit was not ready for this outburst of racial strife would be to put it mildly. In this respect, every mayor in America would find it useful to read a recent journalistic account of the events of that twenty-four-hour period. The authors of this commentary were not very kind in …

Controlling The Police: The Judge's Role In Making And Reviewing Law Enforcement Decisions, Wayne R. Lafave, Frank J. Remington

Michigan Law Review

We have chosen to focus here upon judicial involvement (1) in determining whether arrest and search warrants should issue and (2) in reviewing such decisions after they have been executed (and, perhaps, made) by police officials. A comparison of some recent findings respecting the actual practice at the trial level with the "ideal" as set forth in appellate opinions may allow some conclusions to be drawn both as to the present effectiveness of appellate rulings on these subjects and as to the ultimate feasibility of further implementation of those rulings. Finally, since the exclusionary rule is, theoretically at least, one …

Federal Power To Seize And Search Without Warrant, Philip M. Carden

Vanderbilt Law Review

Mr. Garden here explores the history and development of the power of federal officers to seize and search without warrant. The study is divided into the power to search persons, places, vehicles, and to seize things The author concludes that, with a limited exception, no federal power of search or seizure of persons or property without prior special warrant can be derived from the federal constitution. Finally, the author suggests that the Supreme Court may refuse to follow its dicta upholding the federal power to search and seize without warrant if the proper case is brought before it.

Police Discretion And Traffic Law Enforcement, Hayes Elder

Washington Law Review

But, society, in its desire to secure our future safety on the highways, must not be driven by these alarming statistics to sacrifice personal freedoms. Although the first concern with traffic safety laws is to increase the motorist's chance for survival, these traffic laws, and the enforcement of them, create other problems that can undermine values fundamental to our society. This comment will discuss some of these problems, and shall suggest a possible course for our legislative bodies that may best effect greater traffic safety, and at the same time preserve the other values. For the sake of comprehension and …