Digital Commons Network^™

The Public Right Of Access To Juvenile Delinquency Hearings, Michigan Law Review May 1983

Books Received, Michigan Law Review May 1983

Periodical Index, Michigan Law Review May 1983

Improving Jury Deliberations: A Reconsideration Of Lesser Included Offense Instructions, Michael D. Craig Apr 1983

Habeas Corpus Review Of State Trial Court Failure To Give Lesser Included Offense Instructions, Michael H. Hoffheimer Apr 1983

Habeas Corpus: Its History And Its Future, Charles Alan Wright Mar 1983

Reconstructing Reality In The Courtroom: Justice And Judgement In American Culture, Michigan Law Review Mar 1983

Watching The Judiciary Watch The Police, Jon O. Newman Mar 1983

Punishment Before Trial: An Organizational Perspective Of Felony Bail Processes, Michigan Law Review Mar 1983

Exploring The Roots Of Our Criminal Justice Systems, Samuel Walker Mar 1983

The Influence Of Modernization In Comparative Criminology, Marshall B. Clinard Mar 1983

Berger's Defense Of The Death Penalty: How Not To Read The Constitution, Hugo Adam Bedau Mar 1983

Reassessing The Role Of The Trial Judge In Verdictless Dispositions Of Criminal Cases, H. Richard Uviller Mar 1983

Troubling Questions: A Review Of The Decline Of The Rehabilitative Ideal, Sheldon L. Messinger Mar 1983

A Book Review With An Eye To Ethics, William H. Erickson Mar 1983

Punishment By Imprisonment: Placing Ideology Into Concrete, David A. Ward Mar 1983

The Death Penalty In America, Michigan Law Review Mar 1983

Vol. 31, No. 13, February 9, 1983, University Of Michigan Law School Feb 1983

Vol. 31, No. 13, February 9, 1983, University Of Michigan Law School

Res Gestae

---

•Clinic Crisis Spotlights Risks of Advocacy •U Policy Changing Faculty Guard •A Law Student Not Without Reservation •LSSS - Sandalow Negotiate Open Meetings •Law Partners Share the Experience •Notices •Placement Picture Less Than Gloomy •Forum •Soul and Shysters are LSSS B-Ball Champs •Remembering the Vietnam Veterans •Hundreds Found Hanging in Hutchins Hall •Law in the Raw

---

Go to article

The Right To Bail In United States Extradition Proceedings, Carl A. Valenstein Jan 1983

The Right To Bail In United States Extradition Proceedings, Carl A. Valenstein

Michigan Journal of International Law

---

This note examines the judicial rationale for denying bail in extradition proceedings except in special circumstances. The author maintains that the courts apply the special circumstances rule inconsistently. Moreover, a better balance should be struck between the interests of the accused and the interests of the United States Government. This can be accomplished by granting the accused in an extradition proceeding the same right to bail before a final order granting extradition as exists under the federal bail statute.

---

Go to article

Briefs, University Of Michigan Law School Jan 1983

Briefs, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

---

Lee Bollinger speaks at a national workshop on television and violent behavior; Yale Kamisar publishes essays in the volume Police Interrogation and Confessions: Essays in Law and Policy; Professor Joseph Sax appointed Philip A. Hart Distinguished Professorship of Law; notes on the Law Quadrangle's shape and architecture; Donald H. Regan recieves 1982 Franklin J. Machette Prize from the American Philosophical Association; Law School gets three new chairs, Professors James J. White, Jerold H. Israel, and John H. Jackson; List of visiting faculty

---

Go to article

Confessions, Yale Kamisar Jan 1983

Confessions, Yale Kamisar

Book Chapters

---

The entry for 'Confessions' in the Encyclopedia of Crime and Justice, 1983

---

Go to article

The Warren Court (Was It Really So Defense-Minded?), The Burger Court (Is It Really So Prosecution-Oriented?), And Police Investigatory Practices, Yale Kamisar Jan 1983

The Warren Court (Was It Really So Defense-Minded?), The Burger Court (Is It Really So Prosecution-Oriented?), And Police Investigatory Practices, Yale Kamisar

Book Chapters

---

In one sense the Warren Court's "revolution" in American criminal procedure may be said to. have been launched by the 1956 case of Griffin v. Illinois (establishing an indigent criminal defendant's right to a free transcript on appeal, at least under certain circumstances) and to have been significantly advanced by two 1963 cases: Gideon v. Wainwright (entitling an indigent defendant to free counsel, at least in serious criminal cases) and Douglas v. California (requiring a state to provide an indigent with counsel on his first appeal from a criminal conviction). But these were not the cases that plunged the Warren …

---

Go to article

Criminal Procedure, The Burger Court, And The Legacy Of The Warren Court, Jerold H. Israel Jan 1983

Criminal Procedure, The Burger Court, And The Legacy Of The Warren Court, Jerold H. Israel

Book Chapters

---

Richard Nixon's criticism of the Warren Court during the 1968 presidential campaign centered largely on the Court's handling of cases involving criminal rights. According to candidate Nixon, the Court had gone much too far. It had twisted the Constitution to serve its own purposes, created a maze of legal technicalities that worked only to frustrate legitimate law enforcement efforts, and so weakened "the peace forces as against the criminal forces in this country" as to be largely responsible for the sharp rise in crime that had occurred in the sixties. What had to be done, continued Nixon, was to appoint …

---

Go to article

Ii. Annotated Bibliography, Michigan Journal Of International Law Jan 1983

Ii. Annotated Bibliography, Michigan Journal Of International Law

Michigan Journal of International Law

---

The following collection of annotations represents a sampling of the legal literature examining various aspects of criminal procedure in an international context. While special care has been taken to provide a representative sampling of works published between 1976 and 1981, a number of prominent pieces written prior to that five-year period have also been included.

---

Go to article

Protecting The Rights Of The Requested Person In Extradition Proceedings: An Argument For A Humanitarian Exception, Leslie Anderson Jan 1983

Protecting The Rights Of The Requested Person In Extradition Proceedings: An Argument For A Humanitarian Exception, Leslie Anderson

Michigan Journal of International Law

---

This article will first define the types of post-extradition treatment which requested persons have raised as requiring judicial attention. It will next survey judicial responses to these claims and then consider the scope of executive review. The article concludes that the courts have exaggerated the range of executive discretion to deny extradition. As extradition currently operates in the United States, there is the serious possibility that a bona fide claim of unfair treatment would not receive adequate consideration by either the judicial or executive branch.

---

Go to article

Front Matter Jan 1983

Front Matter

Michigan Journal of International Law

---

No abstract provided.

---

Go to article

Does (Did) (Should) The Exclusionary Rule Rest On A 'Principled Basis' Rather Than An 'Empirical Proposition'?, Yale Kamisar Jan 1983

Does (Did) (Should) The Exclusionary Rule Rest On A 'Principled Basis' Rather Than An 'Empirical Proposition'?, Yale Kamisar

Articles

---

[U]ntil the [exclusionary rule] rests on a principled basis rather than an empirical proposition, [the rule] will remain in a state of unstable equilibrium. Mapp v. Ohio, which overruled the then twelve-year-old Wolf case and imposed the fourth amendment exclusionary rule (the Weeks doctrine) on the states as a matter of fourteenth amendment due process, seemed to mark the end of an era. Concurring in Mapp, Justice Douglas recalled that Wolf had evoked "a storm of constitutional controversy which only today finds its end."' But in the two decades since Justice Douglas made this observation, the storm of controversy has …

---

Go to article

An Appellate Court Dilemma And A Solution Through Subject Matter Organization, Daniel J. Meador Jan 1983

An Appellate Court Dilemma And A Solution Through Subject Matter Organization, Daniel J. Meador

University of Michigan Journal of Law Reform

---

The recent litigation explosion presents a two-pronged dilemma for American appellate courts. If, on the one hand, the number of appellate judges is not expanded to keep abreast of growing case loads, there is a risk that courts will rely too heavily on professional staff, thereby watering down the decision-making process. If, on the other hand, the number of judges is proportionately increased with the growth in appellate litigation, the number of three-judge decisional units will also increase, thereby threatening predictability and uniformity in the law of the jurisdiction. This Article undertakes to explain that dilemma and to offer a …

---

Go to article

Criminal Law And The European Communities: Defining The Issues, Christine Van Den Wyngaert Jan 1983

Criminal Law And The European Communities: Defining The Issues, Christine Van Den Wyngaert

Michigan Journal of International Law

---

While the development of a common criminal justice policy lies more within the general objectives of the Council of Europe, of which all states composing the European Communities are members, there are nevertheless a number of problems which are specific to the Communities and which may call for a special response on their part. This article makes a short tour d'horizon of the different issues at stake and briefly describes the efforts which have been or are being undertaken to resolve them.

---

Go to article

Reflections On The Creation Of A Unified Criminal Law, Theo Vogler Jan 1983

Reflections On The Creation Of A Unified Criminal Law, Theo Vogler

Michigan Journal of International Law

---

Many commentators have pointed to the goal of creating a unified criminal law, accepted in all countries and accompanied by an international penal authority to secure its enforcement. It is easy to recognize the great advantages of a unified, global law. In the field of criminal law in particular, the compelling authority of a penal code would be much more persuasive to the individual citizen than today's criminal law, the proscriptions of which vary from state to state. The law appears arbitrary, generating exterior compliance but not true consent.

---

Go to article