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On Recognizing Variations In State Criminal Procedure, Jerold H. Israel

Articles

Everyone recognizes that the laws governing criminal procedure vary somewhat from state to state. There is often a tendency, however, to underestimate the degree of diversity that exists. Even some of the most experienced practitioners believe that aside from variations on some minor matters, such as the number of peremptory challenges granted, and variation on a few major items, such as the use of the grand jury, the basic legal standards governing most procedures are approximately the same in a large majority of states. I have seen varied evidence of this misconception in practitioner discussions of law reform proposals, particularly …

Selective Incorporation Revisited, Jerold H. Israel

Articles

In June 1960 Justice Brennan's separate opinion in Ohio ex re. Eaton v. Price' set forth what came to be the doctrinal foundation of the Warren Court's criminal procedure revolution. Justice Brennan advocated adoption of what is now commonly described as the "selective incorporation" theory of the fourteenth amendment. That theory, simply put, holds that the fourteenth amendment's due process clause fully incorporates all of those guarantees of the Bill of Rights deemed to be fundamental and thereby makes those guarantees applicable to the states. During the decade that followed Ohio ex re. Eaton v. Price, the Court found incorporated …

Alumni Notes, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

No abstract provided.

The Morality Of Means: Some Problems In Criminal Sanctions, Francis A. Allen

Law Quadrangle (formerly Law Quad Notes)

This article is based on the Louis Caplan Lecture delivered by Prof. Allen on April 10, 1981, at the University of Pittsburgh School of Law. The full text of the lecture, and accompanying footnotes, will be published in the Pittsburgh Law Review.

In moments of exasperation , one may be tempted to misapply Mark Twain 's comment about the weather and complain that everyone talks about criminal justice, _but no one does anything about it. Sober second thought qmckly reveals, however, that the statement is not literally or even substantially true . Since the eighteenth-century Enlightenment much has been done, …

Parent-Child Incest: Proof At Trial Without Testimony In Court By The Victim, Dustin P. Ordway

University of Michigan Journal of Law Reform

This Note argues that the incest victim should not testify personally at trial. Rather, the child's testimony should be replaced with tape-recorded pretrial examinations of the victim by an expert, supplemented by the in-court testimony of the examining expert. Part I discusses how the present system of requiring in-court testimony by the victim harms the child, fails to correct the incest problem, and produces unreliable evidence. Part II outlines and discusses the merits of the proposed reform. Part ill examines the proposed reform in light of the defendant's constitutional rights to due process and to confront witnesses against him. The …

Index, Michigan Law Review

Michigan Law Review

Contents of Volume 79: Subject Index, Table of Cases, Articles, Authors, Book Reviews

Griffin V. California: Still Viable After All These Years, Craig M. Bradley

Michigan Law Review

In a recent article in the Michigan Law Review, Donald Ayer levels a series of attacks on the Griffin decision. Specifically, he maintains that the decision is at once too broad, because it requires "almost automatic reversal where there are any remarks explicitly focused on the defendant's silence and the inference of guilt to be drawn from it" regardless of the strength of the prosecution's case, and too narrow, because it fails to prevent the natural prejudice against the nontestifying defendant that may arise in the minds of the jurors without any encouragement from prosecutor or judge. Ayer also …

Reflections On Alfred Hill's "Testimonial Privilege And Fair Trial", Peter Westen

University of Michigan Journal of Law Reform

I have learned a great deal from "Testimonial Privilege and Fair Trial"-as I always do from Professor Hill's work. Indeed, he has changed my way of thinking in this area in several important respects. At the same time, I come to rather different conclusions than he regarding each of his three major topics. Part I of this article examines the problem of finding a "remedy" for testimonial privileges that violate a defendant's right to a fair trial. Part II discusses the problem of determining when a defendant is entitled to assert that the "right" has been violated. Finally, Part III …

Beyond Custody: Expanding Collateral Review Of State Convictions, Timothy C. Hester

University of Michigan Journal of Law Reform

This article advocates extension of collateral review to embrace all parties alleging deprivation of federally guaranteed rights in the state criminal process, regardless of whether the party fulfills the habeas corpus custody requirement. Part I assesses the sufficiency of Supreme Court certiorari jurisdiction to monitor adequately state adjudications of federal constitutional rights, coupled with an evaluation of the technical competency and institutional posture of state courts. Part II examines the significance of the custody limitation on collateral review, both as a substantive element of habeas corpus relief and as a mechanism for funnelling limited judicial resources. Part III presents two …

The Privacy Protection Act Of 1980: Curbing Unrestricted Third-Party Searches In The Wake Of Zurcher V. Stanford Daily, Jose M. Sariego

University of Michigan Journal of Law Reform

This article analyzes the Privacy Protection Act as a response to Zurcher. Part I discusses the Zurcher decision and its effect on First and Fourth Amendment rights, as well as its impact on state testimonial privileges. Part II critically examines key features of the statute, focusing on the parties and materials protected, the police practices regulated, the remedies provided for violations, and the Act's constitutional underpinnings. Part II also offers suggestions for remedying the problems the Act currently presents. The article concludes that the Privacy Protection Act, while a necessary first step to minimizing the impact of Zurcher, is …

Psycholegal Research: Past And Present, Wallace D. Loh

Michigan Law Review

A Review of The Psychology of Eyewitness Testimony by A. Daniel Yarmey, and Eyewitness Testimony by Elizabeth F. Loftus, and Social Psychology in Court by Michael J. Saks and Reid Hastie, and The Criminal Justice System and Its Psychology by Alfred Cohn and Roy Udolf

The Supreme Court: A Citadel For White Supremacy, Sidney Willhelm

Michigan Law Review

A Review of Race, Racism and American Law by Derrick A. Bell, Jr.

Conscience And Convenience: The Asylum And Its Alternatives In Progressive America, Michigan Law Review

Michigan Law Review

A Review of Conscience and Convenience: The Asylum and Its Alternatives in Progressive America by David J. Rothman

Popular Justice: A History Of American Criminal Justice, Michigan Law Review

Michigan Law Review

A Review of Popular Justice: A History of American Criminal Justice by Samuel Walker

Political Crime In Europe: A Comparative Study Of France, Germany, And England, Michigan Law Review

Michigan Law Review

A Review of Political Crime in Europe: A Comparative Study of France, Germany, and England by Barton Ingraham

Confessions And The Court, Stephen J. Schulhofer

Michigan Law Review

A Review of Police Interrogation and Confessions: Essays in Law and Policy by Yale Kamisar

The Inauguration Of Criminology Annuals, David F. Greenberg

Michigan Law Review

A Review of Crime and Justice: An Annual Review of Research, vol. 1 edited by Norval Morris and Michael Tonry, and Criminology Review Yearbook, Vol. 2 edited by Egon Bittner and Sheldon L. Messinger

Two Theories Of Criminal Justice, Alsen D. Miller

Michigan Law Review

A Review of A Theory of Criminal Justice by Jan Gorecki, and A Theory of Criminal Justice by Hyman Gross

The American Prosecutor: A Search For Identity, Michigan Law Review

Michigan Law Review

A Review of The American Prosecutor: A Search for Identity by Joan E. Jacoby

Vicious Circles: The Mafia In The Marketplace, Michigan Law Review

Michigan Law Review

A Review of Vicious Circles: The Mafia in the Marketplace by Jonathan Kwitny

Index To Book Reviews In Leading Law Reviews, Michigan Law Review

Michigan Law Review

This index includes book reviews that have appeared in leading law reviews since the compilation of books for the 1980 Survey of Books Relating to the Law (78 Mich. L. Rev. 645-840 (March 1980)). The reviewer's name is in parentheses. Where no reviewer is listed, it is assumed that the review is a student contribution.

The Codicil

Yearbooks & Class Year Publications

Yearbook of the Class of 1981.

Briefs, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

Law schools face "identity" problem, says U-M Professor; Honorary doctorate awarded to Allen; tapestry mystery now is history; Law School graduates score high in job placements; Jackson, Bollinger revise Casebook; Prof. Regan authors philosophical treatise; Rosenzweig is new tax, securities prof.; Japanese firms fear U.S. labor, says St. Antoine; Sax warns against park "urbanization"; three from U-M serve on section

Events, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

Thomas M. Cooley Lectures; Winter Senior Day

Recent Books, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review

Vol. 29, No. 7, October 31, 1980, University Of Michigan Law School

Res Gestae

•Senate budget hangs on Tisch loss •A hard look at Proposition D •Law in the Raw •Cooley Talks •Notices •Environmental Law Society •The Challenge: To Produce Something More Than Automobiles and ''Band-Aids'' •Regent Candidates •O'Reilly: Viable Alternative •I hate Reviewers •Coffers Empty •Grapple for Gold •Dogs Finally Falter •Keep the CIA off campus!

Vol. 29, No. 4, October 10, 1980, University Of Michigan Law School

Res Gestae

•Placement panel offers alternative law careers •Cooley talks this month •UAW picks Jimmy •Law in the Raw •Law Partners •Foreign Oil •Civil Liberties Volunteers •Ethics Conference Planned •Election Spirit •A Student Services Survey •Down the Tubes •In the Heart of Taxes •Stand Up! Be Counted! •Petitions Due Today •Out, out damn typesetter! •Stop Hidin' on Those Backstreets •Mostly Blood and Guts •The Evil Touch of Orson Welles •Dread Starts Slowly •Law Dogs Return •Gold Nuggets

Briefs, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

A report on the U-M Law Alumni Reunion and Law Forum; Alumni Association covers all Europe; MEPA Documents are placed in Bentley Library; dollar signs direct career traffic; U-M project focuses on child abuse cases; grand jury reform suggested by scholar

Specific Performance Of "Unfulfillable" Plea Bargains, Stuart L. Gasner

University of Michigan Journal of Law Reform

This article discusses how courts have handled the remedy dilemma presented by unfulfillable plea bargains. Part I analyzes the seminal Supreme Court opinion on the broken plea bargain question, Santobello v. New York. This section concludes that choice-of-remedy is not entirely a matter of lower court discretion. Rather, Santobello delegates to lower courts the authority to develop a law of remedies which conforms to the underlying principles of that decision. Part I also focuses on what courts have done with this mandate, discussing the elements of decision courts have developed to remedy unfulfillable plea bargains. Finally, Part II suggests …

Interrogation Without Questions: Rhode Island V. Innis And United States V. Henry, Welsh S. White

Michigan Law Review

In Rhode Island v. Innis, the Court defined "interrogation" within the meaning of Miranda; and in United States v. Henry, it defined "deliberate elicitation" within the meaning of Massiah. This article explores the implications of Innis and Henry, suggests readings of the new tests consistent with their purposes, and applies the tests to several situations where the scope of the fifth and sixth amendment protections remains unclear.