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The Judiciary's Use Of Supervisory Power To Control Federal Law Enforcement Activity, Department Of Justice Office Of Legal Policy Jun 1989

The Judiciary's Use Of Supervisory Power To Control Federal Law Enforcement Activity, Department Of Justice Office Of Legal Policy

University of Michigan Journal of Law Reform

In McNabb v. United States, the Supreme Court claimed- for the first time in its history-the prerogative of "establishing and maintaining civilized standards of procedure and evidence" in the exercise of "supervisory authority over the administration of criminal justice in the federal courts." Since then, the Court has used this self-declared oversight power on numerous occasions and for a wide variety of purposes, but it has never adequately explained either the provenance or the scope of this type of judicial authority. Lower federal courts have followed suit, on the largely unexamined assumption that they too are endowed with supervisory …

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Adverse Inferences From Silence, Department Of Justice Office Of Legal Policy Jun 1989

Adverse Inferences From Silence, Department Of Justice Office Of Legal Policy

University of Michigan Journal of Law Reform

This Report, the eighth in the Truth in Criminal Justice series, assesses the rules relating to the evidentiary consideration of the defendant's silence. Its general conclusion is that the existing restrictive rules in this area are unjustified impediments to the search for truth. The notion that the fifth amendment's prohibition of compelling a person in a criminal case to be a witness against himself bars drawing adverse inferences from the defendant's silence is not well-founded. In practical effect, these rules impede the conviction of the guilty by barring consideration of an aspect of the defendant's conduct-his failure to respond to …

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The Admission Of Criminal Histories At Trial, Department Of Justice Office Of Legal Policy Jun 1989

The Admission Of Criminal Histories At Trial, Department Of Justice Office Of Legal Policy

University of Michigan Journal of Law Reform

As part of a continuing series of studies on impediments to the search for truth in criminal investigation and adjudication, the Office of Legal Policy has carried out a review of the law governing the admission of the criminal records of defendants and other persons at trial. The results of this review are set out in this Report.

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The Sixth Amendment Right To Counsel Under The Massiah Line Of Cases, Department Of Justice Office Of Legal Policy Jun 1989

The Sixth Amendment Right To Counsel Under The Massiah Line Of Cases, Department Of Justice Office Of Legal Policy

University of Michigan Journal of Law Reform

The sixth amendment guarantees to the accused in a criminal prosecution the right "to have the Assistance of Counsel for his defence." In Massiah v. United States, the Supreme Court held this right was violated when there was used against the defendant at trial evidence of incriminating statements deliberately elicited from him by an informant after he had been indicted and in the absence of counsel. In effect, this decision and others that 'followed have created a new constitutional right not to be questioned about pending charges prior to trial except in the presence of an attorney.

One consequence …

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Introduction - The Changed And Changing World Of Constitutional Criminal Procedure: The Contribution Of The Department Of Justice's Office Of Legal Policy, Joseph D. Grano Jun 1989

Introduction - The Changed And Changing World Of Constitutional Criminal Procedure: The Contribution Of The Department Of Justice's Office Of Legal Policy, Joseph D. Grano

University of Michigan Journal of Law Reform

The world of constitutional criminal procedure is changing slowly. Repudiating much of the thinking that led to the existing world, the changes are being driven by arguments that share common ground with those expressed in the Office of Legal Policy Reports. The unanswered question is whether tomorrow's changes will mirror the logical ramifications of this new way of thinking. What we cannot know today, as we ponder these Reports, is whether twenty years hence, as a new generation of law students begin to study our endeavors, the mistakes of the 1960s will be little more than "cold history." Whatever our …

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Preface, Journal Of Law Reform Jun 1989

Preface, Journal Of Law Reform

University of Michigan Journal of Law Reform

This compilation of articles confronted the Journal with some unusual decisions. In order to present the series accurately, we have retained the original style and source references rather than perform our usual editorial revisions. Thus we did not implement the standard stylistic conventions of the Journal, such as alternating masculine and feminine pronouns. The Foreword and Introduction, however, did receive comprehensive Journal editing, and any variations in style conventions and form were by the request of the authors.

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Front Matter, Journal Of Law Reform Jun 1989

Front Matter, Journal Of Law Reform

University of Michigan Journal of Law Reform

Front matter for Volume 22, Issues 3 and 4 of the University of Michigan Journal of Law Reform.

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Federal Habeas Corpus Review Of State Judgments, Department Of Justice Office Of Legal Policy Jun 1989

Federal Habeas Corpus Review Of State Judgments, Department Of Justice Office Of Legal Policy

University of Michigan Journal of Law Reform

This Report carries out a review of the historical development of the federal habeas corpus jurisdiction; examines its contemporary character and operation; and discusses relevant policy considerations. The Report concludes that federal habeas corpus as a post-conviction remedy for state prisoners should be abolished or limited as far as possible. The limited reform proposals that were passed by the Senate in 1984 and that are currently before Congress as Title II of the proposed Criminal Justice Reform Act provide the best immediate prospect for improvement.

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Tempered Zeal: A Columbia Law Professor's Year On The Streets With The New York City Police, Carol J. Sulcoski May 1989

Tempered Zeal: A Columbia Law Professor's Year On The Streets With The New York City Police, Carol J. Sulcoski

Michigan Law Review

A Review of Tempered Zeal: A Columbia Law Professor's Year on the Streets with the New York City Police

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Law And Disputing In Commercializing Early America, Cornelia Dayton May 1989

Law And Disputing In Commercializing Early America, Cornelia Dayton

Michigan Law Review

A Review of Neighbors and Strangers: Law and Community in Early Connecticut by Bruce H. Mann

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Hardly The Trial Of The Century, Franklin E. Zimring May 1989

Hardly The Trial Of The Century, Franklin E. Zimring

Michigan Law Review

A Review of A Crime of Self-Defense: Bernhard Goetz and the Law on Trial by George P. Fletcher

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Just Punishment In An Imperfect World, Stephen J. Schulhofer May 1989

Just Punishment In An Imperfect World, Stephen J. Schulhofer

Michigan Law Review

A Review of Questioning Authority: Justice and Criminal Law by David L. Bazelon

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Aids And Government: A Plan Of Action?, Taunya Lovell Banks May 1989

Aids And Government: A Plan Of Action?, Taunya Lovell Banks

Michigan Law Review

A Review of Report of the Presidential Commission on the Human Immunodeficiency Virus Epidemic by Washington: U.S. Government Printing Office

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Seasoned To The Use, Carol Sanger May 1989

Seasoned To The Use, Carol Sanger

Michigan Law Review

A Review of Presumed Innocent by Scott Turow, and by Sue Miller

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Index Of Books Received, Michigan Law Review May 1989

Index Of Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review

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Introducing Criminal Law, Stephen J. Morse May 1989

Introducing Criminal Law, Stephen J. Morse

Michigan Law Review

A Review of Bad Acts and Guilty Minds: Conundrums of the Criminal Law by Leo Katz, and Crime, Guilt, and Punishment: A Philosophical Introduction by C.L. Ten

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Police-Obtained Evidence And The Constitution: Distinguishing Unconstitutionally Obtained Evidence From Unconstitutionally Used Evidence, Arnold H. Loewy Apr 1989

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 …

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Book And Periodical Index, Michigan Law Review Feb 1989

Book And Periodical Index, Michigan Law Review

Michigan Law Review

A List of Books Received and Subject Index of Articles, Comments, Notes, and Recent Developments Appearing in Leading law Reviews

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An Introduction To The American Criminal Justice Process, Jerold H. Israel Jan 1989

An Introduction To The American Criminal Justice Process, Jerold H. Israel

Book Chapters

A useful description of the American criminal justice process must begin by acknowledging that there is no single set of criminal justice procedures applied uniformly throughout this country. Variations exist both from jurisdiction to jurisdiction and from one type of case to another within the same jurisdiction. In our overview, we will take note of a few of the more significant variations, but our primary focus will be on the procedural pattern followed for most cases in most jurisdictions. In this section, we will briefly examine three structural elements that account for many of the variations in the process. If …

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Double Jeopardy And Government Appeals Of Acquittals, Department Of Justice Office Of Legal Policy Jan 1989

Double Jeopardy And Government Appeals Of Acquittals, Department Of Justice Office Of Legal Policy

University of Michigan Journal of Law Reform

As part of a continuing series of papers on impediments to the search for truth in criminal investigation and adjudication, the Office of Legal Policy has carried out a review of the law governing double jeopardy prohibitions on federal government appeals of criminal acquittals. These prohibitions undermine the search for truth in criminal adjudication by allowing some wrongly acquitted, culpable individuals to go unpunished. The results of our review are set out in this Report.

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"Federal" Aspects Of The European Convention On Human Rights, Colin Warbrick Jan 1989

"Federal" Aspects Of The European Convention On Human Rights, Colin Warbrick

Michigan Journal of International Law

The inquiry pursued in this paper has been prompted by a paradox. In the United States, the Supreme Court has been reluctant to find any constitutional limitations upon the power of the States to allow the administration of corporal punishment in schools, despite being able to rely on the national Bill of Rights - in the interpretation of which the Court has many times circumscribed the power of the State governments in other contexts. The result has been that some children have been left without redress when they have been subjected to exceptionally severe punishment. Under the system of the …

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Pain And Suffering Guidelines: A Cure For Damages Measurement "Anomie", Frederick S. Levin Jan 1989

Pain And Suffering Guidelines: A Cure For Damages Measurement "Anomie", Frederick S. Levin

University of Michigan Journal of Law Reform

This Note argues that adapting the criminal sentencing guidelines systems in use in several states to the personal injury context would provide appropriate standards for measuring pain and suffering damages. Part I explores why present methods for measuring pain and suffering are objectionable. A description of the proposed method for developing guidelines is provided in Part II. Part II explores the use of guidelines in criminal sentencing and the analogy between sentencing decisions and assessment of damages for nonpecuniary loss. Part II also describes how to develop and implement guidelines for assessing pain and suffering damages. Part III examines why …

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Vol. 37, No. 11, November 16, 1988, University Of Michigan Law School Nov 1988

Vol. 37, No. 11, November 16, 1988, University Of Michigan Law School

Res Gestae

•ACLU's Holton Police Complaint Clinic To Assist With Civil Rights •Henkin Discusses Constitution's Future •Student Decries Duderstadt Selection •Hanging Out the Shingle •If Only Things Slowed Down •And the Charade Continues •Lost in a Sea of Anonymity •Of Mountains, Molehills and Hypersensitivity •Professor Kahn Should Be Ashamed of Himself •Dworkin to Speak on Male "Oppressors" •Renowned Henkin to Present Cooley Lectures •Temple Law To Offer Summer Sessions Abroad •UM to Win in Ohio, Pasadena •Smith, Kooistra Win 5K Run •Law in the Raw

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Vol. 37, No. 9, November 2, 1988, University Of Michigan Law School Nov 1988

Vol. 37, No. 9, November 2, 1988, University Of Michigan Law School

Res Gestae

•Faculty Approves Placement Policy •Obscene Flyer Draws Response •Trickers Treat Law Quad •More of the Same •Counting One's Blessings •Phony Courage, Shallow Conviction •A Michigander's Look at the Ballot Proposals •Justice Archer Visits Quad •Gophers Won't Block Wolves' Road West •Law School Sports Round Up •Law in the Raw

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A Board Does Not A Bench Make: Denying Quasi-Judicial Immunity To Parole Board Members In Section 1983 Damages Actions, Julio A. Thompson Oct 1988

A Board Does Not A Bench Make: Denying Quasi-Judicial Immunity To Parole Board Members In Section 1983 Damages Actions, Julio A. Thompson

Michigan Law Review

This Note argues that neither the majority nor the minority approach is realistic. A thorough examination of the parole process and section 1983 litigation will show that a third approach is more appropriate - that parole board members are entitled only to qualified immunity for all actions taken within the scope of their official duties. Part I argues that parole board members should not enjoy absolute, quasi-judicial immunity because the parole board decisionmaking process is not "functionally comparable" to judicial decisionmaking. The differences in procedure, political accountability, training, and background lead to two very different systems. Part II shows that …

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The Future Of Liberal Legal Scholarship, Ronald K.L. Collins, David M. Skover Oct 1988

The Future Of Liberal Legal Scholarship, Ronald K.L. Collins, David M. Skover

Michigan Law Review

Earl Warren is dead.

A generation of liberal legal scholars continues, nevertheless, to act as if the man and his Court preside over the present. While this romanticism is understandable, it exacts a high price in a world transformed.

The following commentary is a reconstructive criticism written from the perspective of two liberals concerned about the future of "legal liberalism." We present our views as a commentary to emphasize their preliminary character; they represent our current assessment of where liberals stand and where they might redirect their energies.

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Books Received, Michigan Law Review Aug 1988

Books Received, Michigan Law Review

Michigan Law Review

A List of Recent Books Received by Michigan Law Review

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Index, Michigan Law Review Aug 1988

Index, Michigan Law Review

Michigan Law Review

Contents of Volume 86: Subject Index, Articles, Notes, Authors, Books Reviewed

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Periodical Index, Michigan Law Review Aug 1988

Periodical Index, Michigan Law Review

Michigan Law Review

Subject Index of Articles, Comments, Notes, and Recent Developments Appearing in Leading Law Reviews

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Periodical Index, Michigan Law Review Jun 1988

Periodical Index, Michigan Law Review

Michigan Law Review

Subject Index of Articles, Comments, Notes, and Recent Developments Appearing in Leading Law Reviews

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