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Plea Bargaining: A Model Court Rule, Kenneth A. Kraus

University of Michigan Journal of Law Reform

It is not the purpose of this note to discuss the justification for the plea bargaining process, for it is clear that this system will of necessity be continued in the foreseeable future. Instead, this analysis is designed first to present the functional role, constitutional status and existing abuses in the plea bargaining process, and then to discuss the goals and the proposed standards relevant to reform of the present plea bargaining procedures. The culmination of this analysis is the proposed Model Court Rule for Plea Agreements in part III.

Title I - Special Grand Jury, Jeffrey J. Greenbaum

University of Michigan Journal of Law Reform

Title I establishes special grand juries to sit in major population areas and other areas designated by the Attorney General. These grand juries are protected from arbitrary dismissal by the district court before completion of their work. They can sit for extended periods (a maximum of thirty-six months), and are authorized to issue reports concerning (a) noncriminal misconduct of appointed government officials or employees involving organized criminal activity; and (b) organized crime conditions within the district. When reports are issued concerning governmental misconduct, individuals named are given notice, afforded the opportunity to present evidence, file an answer, and obtain judicial …

Title X - Dangerous Special Offender Sentencing, Richard Levy

University of Michigan Journal of Law Reform

Undoubtedly the most controversial new provision in the Organized Crime Control Act of 1970 is title X. Title X authorizes a federal prosecuting attorney to notify the defendant and the court before trial that the defendant, if found guilty of the felony on which he is being tried, is in the prosecutor's opinion also subject to the dangerous special offender provisions embodied in the title. Should the defendant be judged guilty of the felony, he then will fall subject to an additional penalty beyond that received for the conviction if the judge finds that he qualifies as one of three …

Law School 1971-1972 The University Of Michigan, University Of Michigan Law School

Law School Announcement and Bulletins

Law School Calendar; The Regents of the University; Administrative Officers and Members of the Faculty; Organization and Methods; The Law Quadrangle; Library Facilities; Requirements for Admission; Advanced Legal Studies; Requirements for Graduation; Admission to the Bar; The Law Curriculum; Officer Education Programs; Case Clubs; Michigan Law Review; Prospectus; Order of the Coif; The Lawyers Club; Law Wives Association; International Law Society; Legal Aid Society; Concurrent Graduate Programs; Research Program; Michigan Legal Publications; Legislative Research Center; Institute of Continuing Legal Education; William W. Cook Lectures on American Institutions; Thomas M. Cooley Lectureship; Living Accommodations; Fees and Expenses; Services to Veterans; Financial …

Index, Michigan Law Review

Michigan Law Review

Contents of Volume 68: Subject Index, Table of Cases, Articles, Authors, Book Reviews

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review

Vol. 4, No. 6, February 27, 1970, University Of Michigan Law School

Res Gestae

•Conference •Crockett Speaks Out •Off We Go R.O.T.C. •Reflections on an Interview •Report of Personnel Committee •From Other Law Schools •Letters •Faculty Carswell Statements •Legal Aid

Vol. 4, No. 5, February 20, 1970, University Of Michigan Law School

Res Gestae

•Law Review Selection •Problems and Problems •Clinical Course Experience •Letters •Grades: A Remnant of the Past •Administrative Committee Reports on Recent Activities •Judge Crockett to Speak Here Today •Air Pollution Law Seminar •Law Review to Publish Meritorious Work of Any Student •Committee Recommends Dropping Required Courses •A Request for Student Help for This Year's Advocacy Institute •Reminder on Elections to the Board of Directors of the Lawyers Club •Repression & the Law •Case of the Week •Editorial: A Day for Introspection •Environmental Law Society to Meet with Consumers Power Company

The Codicil

Yearbooks & Class Year Publications

Yearbook of the Class of 1970.

Program From The Nineteenth Thomas M. Cooley Lectures, University Of Michigan Law School

Cooley Lecture Materials

The program from the nineteenth Thomas M. Cooley lectures, held October 12-16, 1970, at the University of Michigan Law School. The lecture series was "New Priorities in Criminal Justice" by Bernard Botein.

Program From The Twentieth Thomas M. Cooley Lectures, University Of Michigan Law School

Cooley Lecture Materials

The program from the twentieth Thomas M. Cooley lectures, held November 17-19, 1970, at the University of Michigan Law School. The lecture series was “The Reform of Civil Procedure: Comparative and Interdisciplinary Perspectives” by Maurice Rosenberg, Benjamin Kaplan, and Mauro Cappelletti.

Black Perspective: Justice And The Judicial System, Harry T. Edwards

Law Quadrangle (formerly Law Quad Notes)

Based on a speech delivered at the University of Michigan Center for Afro-American and African Studies, Nov. 4, 1970

To most blacks in America, "equal justice under law" is nothing more than a neat slogan etched into the stone and marble in and around those glorious structures we call "courthouses."

An Introduction To Riot Legislation, Jerold H. Israel

Book Chapters

My speech will provide an introduction to criminal code legislation specifically pertaining to riots and a brief description of our recent experience with riots. Hopefully, this description, supplemented by the film on the Detroit riot, will provide an appropriate factual background for both the remainder of my own talk and the analyses of proper police procedures during riots (and other civil disorders) to be presented by Major Brown and Professor Martin.

When The Cops Were Not 'Handcuffed', Yale Kamisar

Book Chapters

Are we losing the war against crime? Is the public getting a fair break? Has the pendulum swung too far to the left? Do the victims of crime have some rights, too? Are the courts handcuffing the police?

If there were a hit parade for newspaper and magazine articles, speeches and panel discussions, these questions would rank high on the list. Not only are they being raised with increasing frequency, but they are being debated with growing fury.

Last year, probably the most famous police chief in the United States, William H. Parker of Los Angeles, protested that American police …

American Bar Association Project On Minimum Standards For Criminal Justice: Standards Relating To Trial By Jury (Approved Draft), Melvin M. Belli

Michigan Law Review

A Review of American Bar Association Project on Minimum Standards for Criminal Justice: Standards Relating to Trial by Jury (Approved Draft). Recommended by the Advisory Committee on the Criminal Trial

The News And The Accused, Lawrence W. Schad

University of Michigan Journal of Law Reform

The author believes that the Reardon Standards, if implemented, would provide an effective solution to the problem of prejudicial information, and that this potential can be best realized through adoption and enforcement of the Standards by the courts. This conclusion is based upon analysis of the following issues: (1) The nature of the problem, including an examination of (a) the nature of prejudicial information, (b) those who create the problem either by initially releasing or subsequently disseminating such information, and (c) the related effect of courtroom procedure upon the impact of such information. An analysis of these issues suggests …

Constitutional Law--Double Jeopardy--Prosecutions By Both A City And A State For An Identical Offense As A Violation Of The Prohibition Against Double Jeopardy--Waller V. State, Michigan Law Review

Michigan Law Review

In Benton v. Maryland, decided in June of this year, the Supreme Court explicitly extended fifth amendment protection against double jeopardy to the states through the fourteenth amendment. Palko was specifically overruled to the extent that it was inconsistent with the Benton decision. Thus, the theories traditionally used to defend prosecutions by both a city and a state for the same offense must be examined to determine whether they are still valid when the fifth amendment's prohibition against double jeopardy is applied to state proceedings. This Recent Development examines the implications of the Benton decision for those theories.

Periodical Index, Michigan Law Review

Michigan Law Review

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

Periodical Index, Michigan Law Review

Michigan Law Review

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

Law School 1970-71 The University Of Michigan, University Of Michigan Law School

Law School Announcement and Bulletins

Law School Calendar; The Regents of the University; Administrative Officers and Members of the Faculty; Organization and Methods; The Law Quadrangle; Library Facilities; Requirements for Admission; Advanced Legal Studies; Requirements for Graduation; Admission to the Bar; The Law Curriculum; Trials, Appeals, and Practice Court; ROTC Programs; Case Clubs; Michigan Law Review; Prospectus; Order of the Coif; The Lawyers Club; Law Wives Association; Concurrent Graduate Programs; Research Program; Michigan Legal Publications; Legislative Research Center; Institute of Continuing Legal Education; William W. Cook Lectures on American Institutions; Thomas M. Cooley Lectureship; Living Accommodations; Fees and Expenses; Services to Veterans; Scholarships and Financial …

Wright: Federal Practice And Procedure, Criminal Procedure, J. Edward Lumbard, George W. Shadoan

Michigan Law Review

Reviews of 3 Vols. By Charles Alan Wright

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review

Periodical Index, Michigan Law Review

Michigan Law Review

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

The Congressional Invitation To Avoid The Preliminary Hearing: An Analysis Of Section 303 Of The Federal Magistrates Act Of 1968, Patricia W. Weinberg, Robert L. Weinberg

Michigan Law Review

Under prior law, it is true, many federal prosecutors routinely avoided preliminary hearings by securing continuances of the hearing date until after an indictment was obtained. But this ploy required a complaisant magistrate or an inert defendant. Moreover, the propriety of using continuances to circumvent the accused's right to a preliminary hearing had come under increasing and sometimes successful attack. Section 303, if literally construed, can legitimize the prosecutorial practice of mooting the defendant's right to a preliminary hearing under rule 5(c) by obtaining a relatively quick indictment. This predictable use or abuse of the Act should and can be …

Reimbursement Of Defense Costs As A Condition Of Probation For Indigents, Michigan Law Review

Michigan Law Review

It is extremely difficult to obtain precise information concerning the prevalence of this practice. There is only one reported case on the subject, and empirical evidence is almost wholly lacking because of the wide discretion granted sentencing courts in imposing probation conditions, and because of the reluctance of appellate courts to review the exercise of that discretion. However, courts have frequently imposed costs on nonindigent probationers, and in many jurisdictions the statutes which authorize such a probation condition with respect to solvent probationers seem broad enough to include indigents as well. Moreover, two recent studies have unearthed specific data which …

Cipes: The Crime War, Michael S. Josephson

Michigan Law Review

A Review of The Crime War by Robert M. Cipes

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review

Human Rights: A Tide In The Affairs Of Men, Paul G. Kauper

Law Quadrangle (formerly Law Quad Notes)

Excerpts from the John A. Sibley Lecture delivered at the University of Georgia Law School on February 27, 1969.

Many movements are discernible in these turbulent clays of social change and revolution. Not least is a great tidal movement, global in its dimensions, for the articulation, extension, and more effective vindication of human rights. The celebration in 1968 of the twentieth anniversary of the adoption by the United Nations Assembly of the Declaration of Human Rights riveted special attention on the human rights movement and makes the choice of this subject particularly appropriate at this time. Since the phrasing is …

Theory And Application Of Roscoe Pound's Sociological Jurisprudence: Crime Prevention Or Control?, Louis H. Masotti, Michael A. Weinstein

University of Michigan Journal of Law Reform

The current interest in reforming the administration of justice has been triggered by a number of factors including the 1967 report of the President's Commission on Law Enforcement and the Administration of Justice and the treatment afforded arrestees during the civil disorders of the past few years. The nation is alarmed at the reported annual increases in crime, and this alarm was manifested in the 1968 presidential election when "law and order" became a major issue. Superficially the answer may seem clear: more effective enforcement of the law and, when necessary, more stringent laws. The critical issue, however, is a …