Digital Commons Network^™

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

THE ARAB OIL WEAPON

By Jordan J. Paust & Albert P. Blaustein

Dobbs Ferry, New York: Oceana Publications, 1977. Pp. 370.$27.50.

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ARBITRATION IN SWEDEN

Stockholm: Stockholm Chamber of Commerce, 1977. Pp. 212. $25.00.

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THE DECLINE OF DEMOCRACY IN THE PHILIPPINES

A Report of Missions by William J. Butler, John P. Humphrey, & G.E. Bisson. Geneva: International Commission of Jurists, 1977. Pp. 97. $4.00.

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DE-RECOGNIZING TAIWAN: THE LEGAL PROBLEMS

By Victor H. Li

Washington: Carnegie Endowment for International Peace, 1977.Pp. 48. $1.50.

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EAST-WEST TRADE, A SOURCEBOOK ON THE INTERNATIONAL ECONOMIC RELATIONS OF SOCIALIST COUNTRIES AND THEIR LEGAL …

An Examination Of Specialized Training Grants Funded By The Alaska Criminal Justice Planning Agency 1973 Through 1975, Roger V. Endell

Reports

Prior to the establishment of the Criminal Justice Center at the University of Alaska, no program has attempted to train and educate Alaska justice practitioners on a continuing basis and at all agency levels. The Alaska Criminal Justice Planning Agency, through the Governor's Commission on the Administration of Justice, has attempted to deal with this training problem on an interim basement through the Specialized Training Grant program, which enables "state and local police officers, correctional officers, prosecutors, public defenders, and court personnel [to obtain] specialized training sponsored by other agencies and institutions," often involving travel out-of-state for programs largely unavailable …

Pretrial Diversion: The Premature Quest For Recognition, Raymond T. Nimmer, Patricia Ann Krauthaus

University of Michigan Journal of Law Reform

Pretrial diversion has been one of the most enthusiastically promoted criminal justice reforms of recent years. There are more than forty well-funded diversion programs in operation dealing with more than 10,000 criminal defendants each year. Three federal commissions have referred favorably to diversion and grant programs of both the Justice Department and the Department of Labor which have actively fostered the creation and expansion of diversion programs. Several states are considering legislation to establish diversion as a formal element of the criminal justice system and federal legislation is currently pending. Many advocates of diversion claim that the concept has been …

Open House At Salve Regina, Salve Regina College

Press Release Archive

PG5-4_PressRelease_197510_08

The Role Of The Victim In The Prosecution And Disposition Of A Criminal Case, Donald J. Hall

Vanderbilt Law Review

A theoretical underpinning of the American system of criminal justice is the notion that a criminal misdeed is a wrong against the entire society.' Accordingly, the local, state and federal governments, acting as the representatives of society, assume the duty and responsibility of prosecuting the individual wrongdoer. While the individual victim of a crime obviously is the party directly" wronged," society interjects and institutes the formal proceeding to ascertain criminal responsibility and determine the appropriate sanction to be imposed upon the accused. This constitutes a basic distinction between civil and criminal cases; the aggrieved individual is the named litigant in …

Record Enrollment At Salve Regina College, Salve Regina College

Press Release Archive

PG5-4_PressRelease_197509_02

Book Review, Arthur H. Sherry

Michigan Law Review

A book review of Criminal Procedure by Abraham S. Goldstein and Leonard Orland, and Cases and Comments on Criminal Procedure by Fred E. Inbau, James R. Thompson, James B. Haddad, James B. Zagel and Gary L. Starkman, Modern Criminal Procedure, 4ht Ed by Yale Kamisar, Wayne R. LaFave, and Jerold H. Israel, The Process of Criminal Justice: Investigation by H. Richard Uviller, Criminal Process, 2nd Ed by Lloyd L. Weinreb

The Right Deed For The Wrong Reason: A Reply To Mr. Robinson, George P. Fletcher

Faculty Scholarship

So far as there is a school of criminal theory in the United States, it is a school devoted to sifting and celebrating the purposes of the criminal law. Discussions in the literature are dominated by endless recitals of the deterrent, rehabilitative and retributive functions of criminal sanctions. The orthodox view is that all of these purposes are relevant and that any proposed rule of criminal law must be measured by its tendency to further one or all of these goals. If the issue is punishing negligence, for example, the standard mode of analysis is to ask whether punishing negligent …

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 …

Factors Associated With Parole Board Decision Making In Montana, Curt T. Griffiths

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Review Of Crime And Public Order In England In The Later Middle Ages, Thomas A. Green

Reviews

Slowly but surely the history of English criminal law is being rewritten. Abundant monographs, articles and introductions to texts have appeared in the past couple of decades; many more are on the way. Work has gone ahead on the substantive law of crimes, on the procedures of the criminal law and its institutions andmore tentatively-on the social history of English criminal law. While medievalists have led the way, work is now being undertaken by early modern and modern historians as well.

Ideology And The Criminal Justice System : An Investigation Of College Educational Influences, Rob't B. Mitchell

Undergraduate Theses and Senior Projects

No abstract provided.

The Crimes Of Politics: Political Dimensions Of Criminal Justice, Francis A. Allen

Law Quadrangle (formerly Law Quad Notes)

In the preface to his indispensable, if sometimes exasperating, volume on Political Justice, Professor Otto Kirchheimer canvassed the various contributions to the literature of his subject. "Finally", he wrote, "there are the legal theorists, whose intellectual efforts stand in inverse ratio to their influence on actual practice.

Legal Rights In A Juvenile Correctional Institution, Matthew L. Myers

University of Michigan Journal of Law Reform

This article focuses on the effect on juvenile correctional institutions of the erosion of the "hands-off" doctrine and the introduction of procedural safeguards in the juvenile justice system. In so doing, the article examines the difficulties inherent in any attempt to reform institutional practices and procedures to accommodate the goals of the juvenile correctional model. In the juvenile context, the extent to which fundamental rights need or may be abrogated to allow the institution freedom to rehabilitate and treat its inmates is crucial. Therefore, this article examines three areas involving fundamental constitutional rights: imposition of punitive segregation, freedom of communication, …

The Special Skills Of Advocacy: Are Specialized Training And Certification Of Advocates Essential To Our System Of Justice?, Warren E. Burger

Fordham Law Review

No abstract provided.

The Brief (The Spring 1972 Alumni Magazine), Southern Methodist University, School Of Law

The Brief (Law Alumni Magazine), 1965-2002

• 1972 Summer School Program Features Distinguished Visitors
• Criminal Justice Program Involves Police and Law Students
• Law School is an "in" Thing

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.

Sentencing: The Use Of Psychiatric Information And Presentence Reports, Rutheford B. Campbell Jr.

Law Faculty Scholarly Articles

It has become apparent that the two disciplines of law and psychiatry have a common "interface" in the field of criminal justice. Commentators generally agree that the administration of criminal justice is greatly aided by psychiatrists and psychiatric data. That is not to say, however, that the meeting of the disciplines has been without incident or misunderstanding. Problems have arisen because of divergent attitudes and goals of the professions. Some commentators say that the concerns of the two disciplines are not the same; others claim that much of the problem lies in the over-estimation of the certainty and reliability of …

A Suggested Legislative Device For Dealing With Abuses Of Criminal Records, Walter W. Steele Jr.

University of Michigan Journal of Law Reform

There are pitfalls apparent in ameliorating the overuse of criminal records. For example, techniques of expunging, sealing, and limiting access do not affect legal status. No amount of expunging, or sealing, or limiting access is truly useful unless civil rights, such as the right to vote, are restored as well. Another problem is the inherent breadth of a criminal record, which can involve acts or allegations of acts ranging from traffic offenses to murder or rape. Thus, it is difficult to draw precise guidelines delineating those parts of the record which may be legitimately used. The apparently illegitimate use of …

How To Use, Abuse—And Fight Back With—Crime Statistics, Yale Kamisar

Articles

Statistics have an almost magical appeal in a "fact"-minded culture such as ours, among a people conditioned and accustomed to watch for-and attach great significance to-even the smallest fluctuations in say, the unemployment rate. Hence, as Darrell Huff graphically demonstrated in his famous little book, How to Lie with Statistics (1954), they can be-and have been-manipulated to terrorize or calm, inflate or depreciate, and above all, to sensationalize and over simplify. As Harvard criminologist Lloyd Ohlin noted recently, statistics are especially potent when "they give a sense of solid reality (usually false) to something people vaguely apprehend and when they …

Prisoner's Clothing During Trial, Christine Mukai

Cleveland State Law Review

This paper will deal with the appearance, vis-a-vis clothing, of a criminal defendant and the right of that defendant not to be attired in prison garb during judicial proceedings. The purpose here is not to consider the practices of the various jurisdictions; rather this shall be an attempt to display the existence and implications of the right to stand trial in non-criminating clothing.

Justice In The 20th Century, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Decision Trees, Peter L. Strauss, Michael R. Topping

Faculty Scholarship

The object of this paper is to inform those concerned with the administration of justice in Ethiopia – particularly, criminal justice – about a new and simple procedure which may assist in procuring uniform interpretation and application of laws and regulations. The problem of uniform interpretation and application is particularly severe where, as in Ethiopia, new laws must be interpreted and applied by persons who have not yet had the opportunity of formal legal education. For these persons the discovery of the relevant code articles and the understanding of their interrelationships and application must be very difficult indeed. One possible …

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

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 …

Short-Term Rehabilitation And Crim Prevention, Jon C. Mackay

University of Michigan Journal of Law Reform

Any program designed to reduce the rate of recidivism in the United States must be viewed as a valuable tool of crime prevention. It can be safely said that at least two-thirds of the crimes committed every year are committed by recidivists, for over the past decade approximately fifty to sixty per cent of all offenders have become repeaters. Thus the elimination of the recidivist in our society would result in a minimum reduction of thirty-three per cent in the number of crimes committed over a given period of time. The task of eliminating recidivism has been left to the …

The Prisoner's Dilemma And Mutual Trust: Comment, Robert L. Birmingam

Articles by Maurer Faculty

No abstract provided.

Crime, The Public, And The Crime Commission: A Critical Review Of The Challenge Of Crime In A Free Society, Warren Lehman

Michigan Law Review

What is the appropriate set for the mind when it mulls the report of the President's Commission on Law Enforcement and the Administration of Justice? Should it be fine grind, as is the professor's when he asks a student in his first class in law school to state the case of Regina v. Dudley & Stephens? Or should the running wheel be raised from the bedstone, as is so often the case when the professor turns to review the work of a colleague? While the latter may have the appeal of habit, there are, I think, three important reasons …

American Bar Association: American Bar Association Project On Minimum Standards For Criminal Justice: Standards Relating To Pleas Of Guilty (Tentative Draft), Donald J. Newman

Michigan Law Review

A Review of American Bar Association Project on Minimum Standards for Criminal Justice: Standards Relating to Pleas of Guilty (Tentative Draft)