Digital Commons Network^™

'Custodial Interrogation' Within The Meaning Of Miranda, Yale Kamisar

Book Chapters

The primary conceptual hurdle confronting the Miranda Court was the "legal reasoning" that any and all police interrogation is unaffected by the privilege against self-incrimination because such interrogation does not involve any kind of judicial process for the taking of testimony; inasmuch as police officers have no legal authority to compel statements of any kind, there is no legal obligation, ran the argument, to which a privilege can apply. See, e.g., the discussion and authorities collected in Kamisar, A Dissent from the Miranda Dissents: Some Comments on the "New" Fifth Amendment and the Old "Voluntariness" Test, 65 MICH. L. REv. …

Do Police Sometimes Practice 'Civil Disobedience', Too?, Yale Kamisar

Articles

In a recent address, Mr. Joseph J. Casper, Assistant Director of the FBI, asserted that "a society living under the rule of law cannot permit persons to choose the Jaws which they will obey and the Jaws which they will break." But on reading the rest of his speech, one wonders whether he would strenuously object if the police were permitted to select the laws which they must obey and those they may disregard.

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 …

Theft, Law And Society -- 1968, Jerome Hall

Articles by Maurer Faculty

The law of theft has long been the most complicated branch of the criminal law, writes Mr. Hall, and this is so in the face of the fact that crimes against property can he estimated safely as accounting for 90 per cent of all genuine crime in this country. The Model Penal Code has done much to simplify the law of theft and to eliminate outmoded distinctions, the author concedes, but he maintains that distinctions still must be recognized among the various types of theft, the persons involved in theft and the appropriate penalties for various crimes against property. Improvement, …

Bail Reform In The State And Federal Systems, Law Review Staff

Vanderbilt Law Review

The origin of the institution of bail is not entirely known, but it is believed to have originated in medieval England as a device to free untried prisoners. The definitive structure of the process seems to have been first codified in 1275 in the Statute of Westminster. The institution developed gradually and eventually became so well established that the English Bill of Rights of 1688 provided that "excessive bail ought not to be required."' The factors contributing to the development of the institution of bail were primarily matters of practical importance. Disease-ridden jails, delayed trials by traveling justices, and insecure …

The Citizen On Trial: The New Confession Rules, Yale Kamisar

Articles

Commenting on why it has taken the United States so long to apply "the privilege against self-incrimination and the right to counsel to the proceedings in the stationhouse as well as to those in the courtroom" - as the Supreme Court did in Miranda v. Arizona - this author notes that, "To a large extent this is so because here, as elsewhere, there has been a wide gap between the principles to which we aspire and the practices we actually employ."

Wiretapping And Bugging: Striking A Balance Between Privacy And Law Enforcement, Kent Greenawalt

Faculty Scholarship

The conflict between individual privacy and the needs of law enforcement occurs at a number of points in our system of criminal justice. It is not unique to wiretapping and electronic eavesdropping, but the competing claims in that area do have their own special character. They are qualitatively different from those in regard to, say, confessions. The kinds of crimes and criminals affected are different, as are the relevant assertions about individual freedom.

Law enforcement officials, almost to a man, consider wiretapping and eavesdropping valuable weapons in the fight against crime. They are most helpful in regard to consensual crimes …

Police Policy Formulation: A Proposal For Improving Police Performance, Herman Goldstein

Michigan Law Review

The police function in this country is much more varied and much more complex than is generally recognized. This is particularly true today in the congested areas of large urban centers· where the demand for police services is especially great and where the police are confronted with an increasing variety of difficult situations, many of which stem from dissatisfaction with the economic and social conditions existing in such areas. As law enforcement has become more difficult, it has, for the same reasons, taken on new importance as a function of local government.

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 …

Lafave: Arrest: The Decision To Take A Suspect Into Custody, B. J. George Jr.

Michigan Law Review

A Review of The Decision To Take a Suspect Into Custody by Wayne R. LaFave

A Dissent From The Miranda Dissents: Some Comments On The 'New' Fifth Amendment And The Old 'Voluntariness' Test, Yale Kamisar

Articles

F the several conferences and workshops (and many lunch conversations) on police interrogation and confessions in which I have participated this past summer3 are any indication, Miranda v. Arizona' has evoked much anger and spread much sorrow among judges, lawyers and professors. In the months and years ahead, such reaction is likely to be translated into microscopic analyses and relentless, probing criticism of the majority opinion. During this period of agonizing appraisal and reappraisal, I think it important that various assumptions and assertions in the dissenting opinions do not escape attention.

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 …

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 …

Executive And Judicial Banishment Compared

Washington and Lee Law Review

No abstract provided.

The New Scope Of Federal Habeas Corpus For State Prisoners, Willard D. Lorensen

West Virginia Law Review

The year 1963 may be marked as another milestone in the evolution of the federal writ of habeas corpus. Two recent decisions of the United States Supreme Court have resolved with long needed clarity two threshold problems that face a district court when application for the writ comes from a state prisoner: (1) what issues may be raised and (2) what effect is to be given previous state court consideration of these same issues. Though storms of protest resounded a decade ago about abuse of the writ, the habeas corpus scene in more recent years has been relatively quiet. While …

Negligent Behavior Should Be Excluded From Penal Liability, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Capital Punishment: The Moral Issue, Orvill C. Snyder

West Virginia Law Review

No abstract provided.

Crime, Justice And Correction. By Paul W. Tappan., J. Douglas Cook

Buffalo Law Review

No abstract provided.

The Moral Quality Of The Criminal Law, Paul D. Carrington

Articles by Maurer Faculty

No abstract provided.

Revision Of Criminal Law -- Objectives And Methods, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Probation And The Law, Angelo J. Gagliardo

Cleveland State Law Review

Probation, the most modern concept in the administration of criminal justice, has been characterized as the correctional procedure and most worthy of a democracy because it recognizes basic human values. As such, it constitutes a democratic faith in the ability to the average offender to solve his difficulties within the framework of our democracy. While the aim of any probation system is to protect society, it has become apparent that society can best be protected by efforts which are aimed at conserving its human resources. Advances in the understanding of human behaviour and motivation have provided new and challenging principles …

Science And Reform In Criminal Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Criminal Law Administration Prior To Trial: Recent Constitutional Developments, Paul H. Sanders

Vanderbilt Law Review

Probably the most pervasive dilemma in human experience is that which poses the choice with respect to the use of normally-condemned means in order to attain what are considered to be desirable ends. The field of criminal law administration offers a particularly apt illustration of the dilemma in modern society. The actual, day-to-day methods of operation of our law enforcement officers, prosecutors, judges and other officials concerned with the investigation, trial and punishment of those charged with crime,--all reflect the choice that has been made in fact by our society. We can each judge, within the limits of our experience, …

Freedom From Unreasonable Search And Seizure-A Second Class Constitutional Right?, Charles A. Reynard

Indiana Law Journal

No abstract provided.

Report Of The State Penal And Correctional Survey Commission, Jerome Hall

Indiana Law Journal

No abstract provided.

Book Review. Radzinowicz, L. And Turner, J. W. Cecil (Eds.), Penal Reform In England, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Book Review. Rusche, G. And Kirchheimer, O., Punishment And Social Structure, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Probation And Parole, Edmund C. Dickinson, Clyde L. Colson

West Virginia Law Review

No abstract provided.

Searches And Seizures - Right Of An Individual To Force The Return Of Goods Seized And Held By Police Officials, David Dow

Michigan Law Review

One of the most vexing problems which confronts a police officer investigating a crime is to determine how far he may go in seizing goods from the possession either of the person accused of the crime or of some other person. To him it is important not only as it may affect law suits against him for invasion of possessory rights, but also to make the goods thus seized admissible in evidence. To the individual this problem is important in securing full protection against unwarranted invasions of his possession. It is elementary in our legal system that the possessory rights …

Book Review. M. H. Smith, Prisons And A Changing Civilisation, Jerome Hall

Articles by Maurer Faculty

No abstract provided.