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Conjugal Visitation Rights And The Appropriate Standard Of Judicial Review For Prison Regulations, Michigan Law Review

Michigan Law Review

Conjugal visitation rights allow prison inmates and spouses to visit privately and have sexual relations. A number of countries, particularly in Latin America, permit conjugal visits. Although in the United States only Mississippi and California currently permit conjugal visitation, the experience of these two states shows that such programs are workable. Conjugal visitation has met with varied reaction in the literature, but persuasive arguments have been made that it would offer potential psychological benefits to the prisoner, reduce prison homosexuality, and allow the inmate to preserve his or her marital ties. Nevertheless, the reaction of penal administrators in this country …

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review

Judicial Examination Of The Accused--A Remedy For The Third Degree, Paul G. Kauper

Michigan Law Review

Reprint from 30 Michigan Law Review 1224.

In its report on "Lawlessness in Law Enforcement" the Wickersham Commission concludes that in the police systems of a number of American municipalities the "third degree" is very generally practiced as a means of extorting from accused persons under arrest confessions, incriminating statements, and other information of value to the police. The conclusion of the Commission confirms the results of private investigation made in the same field. It is true that the methods of inquiry pursued by the Commission leave doubt as to the accuracy of some of the facts reported. But the …

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review

The Future Of Imprisonment: Toward A Punitive Philosophy, Norval Morris

Michigan Law Review

Proper use of imprisonment as a penal sanction is of primary philosophical and practical importance to the future of society. With the increasing vulnerability of our social organization and the growing complexity and interdependence of governmental structures, reassessment of appropriate limits on the power that society should exercise over its members becomes increasingly important. Perhaps if the "prison problem" is solved, many of the uneasy tensions between freedom and power in postindustrial society will diminish. The effort made here will, I hope, contribute to the solution of the "prison problem" by offering a new model of imprisonment that recognizes fundamental …

Periodical Index, Michigan Law Review

Michigan Law Review

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

The Politics Of Federal Judicial Administration, Paul D. Carrington

Michigan Law Review

A Review of The Politics of Federal Judicial Administration by Peter Graham Fish

Legal Knowledge Of Michigan Citizens, Michigan Law Review

Michigan Law Review

This empirical study of the legal knowledge of Michigan citizens arose in response to the paucity of research in the area, especially in Michigan, where no such study had previously been conducted, and the contradictory findings of those earlier studies that had been conducted. Its findings may have implications for future efforts to educate the public and may provide some clues as to whether and why certain segments of the population are deficient in legal knowledge.

The Virtuous Prosecutor In Quest Of An Ethical Standard: Guidance From The Aba, H. Richard Uviller

Michigan Law Review

Among his other endeavors, the public prosecutor strives to maintain an upright stance in the stained halls of criminal justice. He correctly senses that the people demand more of him than diligent, workmanlike performance of his public chores. Virtue is the cherished ingredient in his role: the honorable exercise of the considerable discretionary power with which our legal system has endowed his office. Daily, the ethical fibre of the prosecutor is tested -and through him, in large measure, the rectitude of the system of justice.

Here, I shall discuss only three of the many ethical problems along the prosecutor's way: …

Periodical Index, Michigan Law Review

Michigan Law Review

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

Disqualifications For Interest Of Lower Federal Court Judges: 28 U.S.C. § 455, Michigan Law Review

Michigan Law Review

Disqualification of a judge occurs when he is ineligible by law to sit in a particular case. At the Supreme Court level, disqualification is a personal decision of the individual justice, who seldom records the reasons for his decision. Thus, there is little material on the Court's disqualification practices that can be subjected to legal analysis. However, substantial case law on disqualification has developed in the lower federal courts, where the decision of a trial judge to sit or step down in a case may appear in the trial record and is subject to review by a court of appeals. …

Periodical Index, Michigan Law Review

Michigan Law Review

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

Friesen, Gallas & Gallas: Managing The Courts, William A. Mcrae Jr.

Michigan Law Review

A Review of Managing the Courts by Ernest C. Friesen, Edward C. Gallas, and Nesta M. Gallas

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

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

Rule-Making And The Police, Carl Mcgowan

Michigan Law Review

That remarkable man, Justice Oliver Wendell Holmes, in whose name and by whose providence we are met on this occasion, had many profound perceptions about the nature of law-making. Except for the violence of the Civil War in his youth, his life was largely lived at a time and in a society which seem simple and benevolent by comparison with our own. Some of his generalizations, nevertheless, continue to define accurately the limitations under which we confront the complexities presently assailing us on every side. This is notably true of the administration of criminal justice.

Mr. Justice Powell And The Emerging Nixon Majority, A.E. Dick Howard

Michigan Law Review

In recent years, we have come to expect the debate over Supreme Court nominations to reflect ideological passions in the Government and the country at large; the Fortas, Haynsworth, and Carswell cases remain fresh in memory. In the hearings on the nominations of Lewis F. Powell, Jr., and William H. Rehnquist to the Court, Senate Democratic liberals made clear their intention to probe not only the nominees' integrity and legal qualifications, but also their judicial philosophies. It was ironic, therefore, to watch as liberal members of the Judiciary Committee, through their questions and comments at the confirmation hearings, made Powell, …

Periodical Index, Michigan Law Review

Michigan Law Review

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

Juvenile Courts--Juveniles In Delinquency Proceedings Are Not Constitutionally Entitled To The Right Of Trial By Jury--Mckeiver V. Pennsylvania, Michigan Law Review

Michigan Law Review

At a hearing in the juvenile court of Philadelphia in October 1968, Joseph McKeiver was declared a "delinquent child" and placed on probation by a juvenile court judge who determined that McKeiver had violated a Pennsylvania law. The juvenile court petition charged McKeiver, then sixteen years old, with robbery, larceny, and receiving stolen goods as the result of an incident in which McKeiver and twenty or thirty other youths took twenty-five cents from three teenagers. Despite the fact that the evidence against McKeiver consisted primarily of the weak and inconsistent testimony of two of the victims, the juvenile court judge, …

Periodical Index, Michigan Law Review

Michigan Law Review

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

Punishment For War Crimes: Duty--Or Discretion?, Michigan Law Review

Michigan Law Review

In 1968, a movie called The Graduate received wide critical acclaim for characterizing the malaise of youthful America. For many, the scene most representative of contemporary irrelevance took place during the protagonist's homecoming party, at which a businessman, with grave and repetitive insistence, encouraged the recent college graduate to enter the plastics industry. In a CBS-TV news interview on November 24, 1969, Paul D. Meadlo revealed his participation in an incident in Vietnam that has captured the horrified attention of the nation. Meadlo, twenty-three years old, is a machine operator in a Terre Haute, Indiana plastics factory.

Books Received, Michigan Law Review

Michigan Law Review

A Lists of Books Received by Michigan Law Review

Devising Procedures That Are Civil To Promote Justice That Is Civilized, Maurice Rosenberg

Michigan Law Review

In a democracy, process is king to a very large extent, and this is especially so in the judicial branch. Even though substantive laws command attention, procedural rules ensure respect. Why is this true? One powerful reason is that when people end up in court, their case typically is not a matter of right against wrong, but of right against right. Decent process makes the painful task of deciding which party will prevail bearable and helps make the decision itself acceptable.

To put my position plainly, I believe that the road to court-made justice is paved with good procedures. Later …

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

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

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.