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Articles 2491 - 2520 of 2619
Full-Text Articles in Entire DC Network
Eighth Amendment Challenges To The Death Penalty: The Relevance Of Informed Public Opinion, Charles W. Thomas
Eighth Amendment Challenges To The Death Penalty: The Relevance Of Informed Public Opinion, Charles W. Thomas
Vanderbilt Law Review
In light of the Court's recent holding in Gregg v. Georgia, future death penalty challenges almost certainly will focus upon the type and quality of evidence available to serve as "objective indicia that reflect the public attitude toward a given sanction."'" Unfortunately, the "objective indicia" that can be relied upon and the manner in which they are to be weighted is not altogether clear. In Gregg, for example, the Court emphasized such traditional considerations as legislative enactments, decisions rendered by juries, and the single post-Furman referendum on the death penalty.'" Additionally, evidence pertaining to the determinants of public support for …
Criminal Procedure, The Burger Court, And The Legacy Of The Warren Court, Jerold H. Israel
Criminal Procedure, The Burger Court, And The Legacy Of The Warren Court, Jerold H. Israel
Articles
I start in Section I of this Article with an examination of the first major theme of the criminal procedure decisions of the Warren Court, the selective incorporation of Bill of Rights' guarantees into the due process clause of the fourteenth amendment. My conclusion is that the selective incorporation principle, which provided the doctrinal basis for many of the "liberal" decisions of the Warren Court, remains firmly established today under the Burger Court. Section II of the Article then analyzes the theme of equality and the role it played in Warren Court decisions in the criminal procedure area. It is …
Punitive Conditions Of Prison Confinement: An Analysis Of Pugh V. Locke And Federal Court Supervision Of State Penal Administration Under The Eighth Amendment, Ira P. Robbins, Michael B. Buser
Punitive Conditions Of Prison Confinement: An Analysis Of Pugh V. Locke And Federal Court Supervision Of State Penal Administration Under The Eighth Amendment, Ira P. Robbins, Michael B. Buser
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Procedural Due Process And The Convicted Prisoner, 10 J. Marshall J. Of Prac. & Proc. 313 (1977), James A. Pitts
Procedural Due Process And The Convicted Prisoner, 10 J. Marshall J. Of Prac. & Proc. 313 (1977), James A. Pitts
UIC Law Review
No abstract provided.
The Right Of Prisoner Access: Does Bounds Have Bounds?, Josephine R. Potuto
The Right Of Prisoner Access: Does Bounds Have Bounds?, Josephine R. Potuto
Indiana Law Journal
No abstract provided.
Mondale On Mapp, Yale Kamisar
Mondale On Mapp, Yale Kamisar
Articles
Any judicial reversal of the Mapp rule threatens to have just the opposite effect. Law enforcement officials are likely to treat a decision that illegally obtained evidence may be admitted into state criminal trials as though that were a practical suspension of the constitutional rules as to lawful arrest, search, and seizure. They are likely to feel that once again "the judiciary is okaying it." With the smell of revelations of FBI "black-bag jobs" and intelligence agency abuses still in the air, is this how we want the Court to contribute to the atmosphere of police practices as we enter …
Hostile-Audience Confrontations: Police Conduct And First Amendment Rights, Michigan Law Review
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 …
". . . We Are The Living Proof . . . ", Frederic L. Faust
". . . We Are The Living Proof . . . ", Frederic L. Faust
Florida State University Law Review
By David Fogel. Cincinnati, Ohio: The W. H. Anderson Co. 1975. Pp. xxi, 328. $9.50.
Improving The Criminal Justice System: The Need For A Commitment, Donald J. Horowitz
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, …
A Rebuttal To The Attack On The Indeterminate Sentence, Sue Titus Reid
A Rebuttal To The Attack On The Indeterminate Sentence, Sue Titus Reid
Washington Law Review
As the preceding sentence indicates, the indeterminate sentence has recently come under attack. Although criticisms that should be considered seriously can be directed at the indeterminate sentence, the time for its abolition has not yet arrived. This article will discuss the history and treatment philosophy underlying the indeterminate sentence, but will not consider all the objections to the indeterminate sentence. Rather, the focus will be on the philosophical and practical problems of implementing the treatment philosophy. It will conclude that the system itself should not be viewed as solely responsible for its shortcomings because abuses of the system, as well …
Washington Jails: A Legislative Failure, Bob Free
Washington Jails: A Legislative Failure, Bob Free
Washington Law Review
This article will examine the present condition of Washington's jails and the existing statutes governing them. It concludes that the passage of comprehensive jail standards legislation is needed to protect the rights of the confined.
Juvenile Court: The Legal Process As A Rehabilitative Tool, Bobbe Jean Ellis
Juvenile Court: The Legal Process As A Rehabilitative Tool, Bobbe Jean Ellis
Washington Law Review
The author's study, reported in this comment, had two objectives. First, it attempted to determine whether a juvenile's experience with the traditional sociological model or with the legal due process model is more likely to motivate him to feel positively toward the legal system. Second, this study attempted to measure the attitudes of the professionals in the juvenile system (judges, attorneys, and caseworkers) toward the two models. The results of the study, although not all were statistically significant, indicated that although the professionals favored the traditional sociological model, the use of the legal-due process model was more likely to result …
Prisoners' Right Of Access To Courts: Planning For Legal Aid, Geoffrey P. Alpert
Prisoners' Right Of Access To Courts: Planning For Legal Aid, Geoffrey P. Alpert
Washington Law Review
The civil rights movement has reached into prisons and jails, directing public attention to the fact that prisoners are also beneficiaries of the rights and privileges that the Constitution extends to all citizens. After a discussion of the development of prisoners' rights, this article will survey the major cases establishing prisoners' rights of access to courts and legal assistance. It will summarize previous research dealing with prisoners and their legal problems on a national scale, and extend that research by presenting the findings of a recent research project conducted in the Washington State prison system evaluating the legal needs of …
The Board Of Prison Terms And Paroles: Criteria In Decision Making, George W. Johnson
The Board Of Prison Terms And Paroles: Criteria In Decision Making, George W. Johnson
Washington Law Review
The following is a summary of the mechanics of the Board's operation in the sentencing process, after which the policies underlying its decision-making process will be examined. The State of Washington has a modified indeterminate sentence structure. The maximum term for each felony is limited by statute and, if the arrestee is convicted, the court must impose a maximum term within the statutory guidelines. The minimum term is generally fixed by the Board. Neither the court-imposed maximum nor the Board-determined minimum actually indicates the length of time necessarily spent in prison, however, because Washington has a good time law which …
A Judge's Personal Perspective On Criminal Sentencing, Solie M. Ringold
A Judge's Personal Perspective On Criminal Sentencing, Solie M. Ringold
Washington Law Review
The imposition of sanctions on convicted offenders is a principal vehicle for accomplishing the goals of the criminal law. An appropriate sentencing disposition is as important to the integrity of our system of justice as is the just determination of guilt. Yet the problems, questions, frustrations and self-analysis involved in the sentencing process are complex and heavy burdens. Each judge required to impose a criminal sentence is faced with the difficult tasks of determining the future life of the individual before him or her, balancing the impact on the individual with the needs of society, and drawing the line between …
The Board Of Prison Terms And Paroles And Indeterminate Sentencing: A Critique, Jack Meyerson
The Board Of Prison Terms And Paroles And Indeterminate Sentencing: A Critique, Jack Meyerson
Washington Law Review
The Board of Prison Terms and Paroles is given the authority to release most felons from prison when it has determined that the prisoner has been rehabilitated, regardless of the length of time the prisoner has served. Rehabilitation usually consists of satisfactory participation in a formal prison program designed to change the person's criminal behavior into behavior which is more acceptable. The Board has, however, become a target of manipulation by prisoners who indicate outward compliance with rehabilitation procedures in order to be deemed "rehabilitated" and therefore released from prison prior to the expiration of their maximum sentences. In order …
Good Intentions Gone Awry—A Proposal For Fundamental Change In Criminal Sentencing, Christopher T. Bayley
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
Prisoner's Rights--The Need For An Inmate Grievance Commission In West Virginia, Thomas W. Kupec
West Virginia Law Review
No abstract provided.
Judicial Review Of Parole Release Decisionmaking, Thomas B. Grier
Judicial Review Of Parole Release Decisionmaking, Thomas B. Grier
IUSTITIA
An inmate at a federal penal institution "is entitled only to be released after full service of his sentence less good time earned during incarceration." He or she is not entitled to parole, for parole is not a right but a privilege, a matter of "legislative grace". The United States Board of Parole has "absolute discretion" in deciding whether and when to grant parole. The judiciary will not interfere with the Board, as "courts are without power to grant a parole or to determine judicially eligibility for parole." And since the Board is statutorily authorized to exercise broad discretion, and …
An Historical Analysis Of Mandatory Capital Punishment, James T. Bryan Iii
An Historical Analysis Of Mandatory Capital Punishment, James T. Bryan Iii
North Carolina Central Law Review
No abstract provided.
Due Process In Parole Granting: A Current Assessment, 10 J. Marshall J. Prac. & Proc. 93 (1976), Frank S. Merritt
Due Process In Parole Granting: A Current Assessment, 10 J. Marshall J. Prac. & Proc. 93 (1976), Frank S. Merritt
UIC Law Review
No abstract provided.
Book Review, G. S. Friedman
Book Review, G. S. Friedman
Cleveland State Law Review
This entry reviews Prisons: Houses of Darkness by Leonard Orland. The book presents a short history on prisons and their development while also noting the major weaknesses of prisons today. Orland closes this text by suggesting possible reforms to the penal system. He writes that eliminating indeterminate sentences and capping sentences to five years would help to improve America's prison system.
An Analysis Of The Question Of County Jail Reform In Kentucky, William A. Hoskins
An Analysis Of The Question Of County Jail Reform In Kentucky, William A. Hoskins
Kentucky Law Journal
No abstract provided.
The Street Perspective: A Conversation With The Police, Patrick L. Baude
The Street Perspective: A Conversation With The Police, Patrick L. Baude
IUSTITIA
Professor Baude's purpose in this discussion is to elicit police officers' comments on what members of the legal profession ought to know about the influence of the "street perspective" in shaping those officers' attitudes towards the criminal justice system and the role they play in it. It is police insistence on the broad validity of insights which only "the street" can provide that accounts for the considerable gulf between "front-line" enforcement officers and other functionaries in (and students of) that system. Law students (and no doubt lawyers) seem uncomfortable with the notion that our system cannot adequately be understood without …
The Systems Approach To Criminal Justice Administration, John Hartje
The Systems Approach To Criminal Justice Administration, John Hartje
Buffalo Law Review
No abstract provided.
A Constitutional Analysis Of Indiana's "Fleeing A Police Officer" Statute, Jane Mallor
A Constitutional Analysis Of Indiana's "Fleeing A Police Officer" Statute, Jane Mallor
Indiana Law Journal
No abstract provided.
The Future Of Imprisonment, Ronald J. Allen
The Future Of Imprisonment, Ronald J. Allen
Michigan Law Review
A Review of The Future of Imprisonment by Normal Morris
The Law And Legal Impact Of Contraceptive Use By Minors In North Carolina, Donald M. Wright
The Law And Legal Impact Of Contraceptive Use By Minors In North Carolina, Donald M. Wright
North Carolina Central Law Review
No abstract provided.
The Prisoner's Right To A Statement Of Reasons For Parole Denial: Silence Is Not Always Golden, William Ernsthaft
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
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 …