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Improving Police Discretion: Rationality In Handling Public Inebriates, David Aaronson

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Improving Police Discretion: Rationality In Handling Public Inebriates, David Aaronson, C. Dienes, Michael Musheno

Scholarly Articles in Law Reviews & Journals

This two-part article reports on the findings of the "prescriptive" phase of the American University Law School's Project on Public Inebriation.' First, we provide a framework or model designed to contribute to efforts to improve the rationality of police discretion and the quality of discretionary justice. Second, we seek to increase understanding of, and provide the basis for improving, the intake process whereby public inebriates are delivered to designated facilities-jails, detoxification centers, etc.-in criminal and decriminalized jurisdictions. While the article focuses on the discretionary power of police officers to remove street inebriates, it should increase awareness of problems of decriminalizing …

Survey Of Criminal Procedure — Alternative Dispositions Of Defendants, Charles Shafer

All Faculty Scholarship

The criminal justice system provides various alternatives for the disposition of criminal defendants. Three of these alternatives, pretrial intervention, drug treatment, and probation, were dealt with in recent New Jersey Supreme Court decisions. The court examined the substantive criteria and procedures used in assigning each disposition and focused primarily on the desire to provide rehabilitative opportunities for each defendant. This note will examine those decisions and the implications of the court's concentration on the goal of rehabilitation.

The Interim Provisions Of The Speedy Trial Act: An Invitation To Flee?, Greta Glavis Keenoy

Fordham Law Review

No abstract provided.

Note: Constitutional Chellanges To New York's Youthful Offender Statute, John M. Tyd

Fordham Urban Law Journal

New York's Youthful Offender Statute has been described as "humane and progressive legislation intended for the benefit of a youth who makes his first mistake and that he should not be branded as a criminal therefor..." In keeping with this philosophy, the statute provides a system whereby a youth (i.e., an individual between the ages of sixteen and eighteen) can avoid the serious consequences which result from being convicted of a crime. Upon determination that youthful offender status should be granted, the conviction is vacated and replaced with a youthful offender finding. Prior to 1975, those youths indicted for crimes …

Book Review: Denial Of Justice: Criminal Process In The United States, Thomas G. Roth

Fordham Urban Law Journal

Thomas G. Roth reviews Denial of Justice: Criminal Process in the United States by Lloyd L. Weinreb. In his book, Lloyd L. Weinreb argues persuasively that American criminal process not only falls short of being the best there is, but it denies us a system which we can properly call "just." Weinreb's work is divided into two sections. The first part, which comprises the bulk of the book, explains how criminal process works and, more significantly, how it has failed to achieve effectively the goals for which it was developed. In the second part, he describes in general theory an …

The Homer Of The Pacific: Melville's Art And The Ambiguities Of Judging Evil, Lee C. Bollinger

Faculty Scholarship

It should not be surprising that Herman. Melville has an important message for students of the legal system, when one reflects for a moment on his biography and the subject matter of his writings. Melville had an intimate exposure to various legal systems ranging from the very crude to the more sophisticated, due in part at least to close personal ties with people who. were themselves connected with the law in one way or another. When Melville was thirteen years old his father declared himself bankrupt, then went mad and died. Melville's cousin had presided over a widely publicized and …

Criminal Law, Richard B. Watson

South Carolina Law Review

No abstract provided.

Williams V. State, 316 So. 2d 267 (Fla. 1975), Richard W. Epstein

Florida State University Law Review

Criminal Law- GUILTY PLEAS- FACTUAL BASIS DETERMINATION NOT MANDATORY WHEN A COURT ACCEPTS A PLEA OF GUILTY OR NOLO CONTENDERE.

Criminal Law In Tennessee In 1975: A Critical Survey, Joseph G. Cook

Scholarly Works

No abstract provided.

Alaska Criminal Code Revision: Preliminary Report, Alaska Criminal Code Revision Commission

Reports

The Alaska Criminal Code Revision Commission was established in 1975 with the responsibility to present a comprehensive revision of Alaska’s criminal code for consideration by the Alaska State Legislature. This preliminary report consider the need for a revised criminal code in Alaska and presents proposed drafts, with commentary, of statutes on property-related crimes, general criminal code provisions, and sentencing. A specific recommendation is made to continue the Criminal Code Revision Commission or reconstitute it through formal legislative action in order to provide sufficient time for the complex work needed to revise the criminal code.

Don't Steal A Turkey In Arkansas―The Second Felony Offender In New York, Susan Buckley

Fordham Law Review

No abstract provided.

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

Chile: The Balanced View

Edited by Francisco Orrego Vicuna

Santiago: The University of Chile, 1975. Pp. 298.

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Codification in the Communist World--Symposium in Memory of Zsolt Szirmai Organized by Donald Barry, F.J.M. Feldbrugge & Dominick Lasok

Leiden: A.W. Sijthoff, 1975. Pp. xv, 353. $42.50.

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Crimes against Internationally Protected Persons: Prevention and Punishment

By Louis M. Bloomfield & Gerald F. Fitzgerald.

New York: Praeger Publishers, 1975. Pp. xviii, 272. $16.50.

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Criminal Justice in Eighteenth Century Mexico

By Colin M. MacLachlan

Berkeley: University of California Press, 1974. Pp.viii, 141. $9.00.

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EEC Anti-Trust Law--Principles and Practice

By D. Barounos, …

The Metamorphosis Of Larceny, George P. Fletcher

Faculty Scholarship

To the modern lawyer, the rules of common law theft offenses do not seem ordered by any coherent principle. In this Article, however, Professor Fletcher shows that the common law of larceny can be understood in terms of two structural principles, possessorial immunity and manifest criminality. In the eighteenth and nineteenth centuries, as the modern style of legal thought evolved, first commentators and then courts lost their ability to understand these principles and came to rely on intent as the central element of criminal liability. As a result of this transformation, Professor Fletcher argues, the range of circumstances that can …

United States V. Miller, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Some Aspects Of The Principles Of Sentencing / Kunna Mani Sinniah, Sinniah Kunna Mani

Pre-2000 Student Works

Sentencing is certainly not an aspect of criminal law and justice that is peculiar and of interest to the courts alone. In fact it is one aspect of the law which has attracted not only the courts, but also the criminologists, administrators, politicians, and the public at large. Sentencing, is itself a wide topic and in this paper, it is proposed to look at certain aspects of sentencing. This paper will not delve into the pros and cons of the various theories of punishment, for this can be obtained from any book on sentencing, not will it deal in depth …

Federal Equitable Relief In Matters Collateral To State Criminal Proceedings, Kenneth F. Khoury

Fordham Law Review

No abstract provided.

Criminal Law Reform In The District Of Columbia, David Aaronson

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: The prospects for meaningful, comprehensive revision of the District of Columbia's substantive criminal laws have improved markedly in recent years. In the most promising of recent political developments, Congress established a Law Review Commission for the District of Columbia in August of 1974 with a broad mandate to give special consideration to revision of the criminal code.' Since jurisdiction to initiate revision of the criminal laws will pass to the District of Columbia Council in January of 1977 pursuant to the Home Rule Act, Congress has substantial incentive to give final approval to a new criminal code within two …

The Victim's Role In Criminal Prosecutions In Ethiopia, Stanley Z. Fisher

Faculty Scholarship

The purpose of this paper is to review developments which have occurred in the victim’s role in criminal prosecutions under Ethiopian law. In contrast to the penal laws of modern Western states, which define a wide range of wrongful conduct as offensive to the state itself, the traditional Ethiopian law of wrongs viewed relatively few offenses thus. For the most part, the state confined itself to legitimating and assisting the victim’s own efforts to obtain redress.

Murder And Death Penalty, William C. Bailey

Sociology & Criminology Faculty Publications

The article examines the relationship between homicide and capital punishment. Studies by several researches have convinced most students of homicide that the ineffectiveness of the death penalty as a deterrent to murder has been demonstrated conclusively. Not all remain convinced, however, of the conclusiveness of the evidence. Comparative examinations of homicide rates before and after abolition, and in some cases, the restoration of the death penalty, have also questioned the efficacy of capital punishment. In sum, the evidence reported here falls within the pattern of previous death penalty investigations which span five decades.

State V. Latimore, 284 So. 2d 423 (Fla. 3d Dist. Ct. App. 1973), Cert. Denied, 291 So. 2d 7 (Fla. 1974), Florida State University Law Review

Florida State University Law Review

Criminal Law- FLORIDA RULES OF CRIMINAL PROCEDURE- INVESTIGATIVE REPORTS NEITHER SIGNED BY NOR DIRECTLY QUOTING A DECLARANT ARE NOT DISCOVERABLE "STATEMENTS" WITHIN RULE 3.220.

Criminal Law, David C. Norton, John T. Taylor

South Carolina Law Review

No abstract provided.

Tollett V. State, 272 So. 2d 490 (Fla. 1973), Florida State University Law Review

Florida State University Law Review

Criminal Law-WIRETAPPING-CONSENTING PARTY TO CONVERSATION RECORDED BY POLICE WITHOUT WARRANT REQUIRED TO VERIFY AT TRIAL CONSENT TO RECORDING PRIOR TO ITS ADMISSION AGAINST OTHER PARTY TO CONVERSATION.

The Quiet Revolution In The Criminal Law - A Foreword, Jack G. Day

Cleveland State Law Review

Given the fundamental importance of procedural due process in criminal law, and conceding the impact of case law developments of the past decade and one-half, the movements manifest in decisional law, while spectacular, have necessarily been piecemeal and have tended to obscure the broad substantive and procedural reforms which have been initiated by that general address possible only through legislation and the rule making processes. Nonetheless, quietly, and almost unnoticed outside a relatively small circle within the legal profession and related disciplines, a seismic reform has been going on. The present symposium is devoted to the description and analysis of …

Surviving Justice: Prisoners' Rights To Be Free From Physical Assault, Robert Plotkin

Cleveland State Law Review

A sentence to prision invovles much more than simple incarceration and its attendant withdrawal of freedom of movement. Indeed, as recent developments indicate, a sentence to confinement in most penal institutions involves a life and death struggle to avoid at tacks, rapes, and brutality from fellow inmates as well as from correctional authorities. ... The National Advisory Commission on Criminal Justice Standards and Goals recognized the problem in recommending a comprehensive model standard which would require correctional officials, the only state authority "in a position to protect inmates, to take protective measures on the inmates' behalf, and to compensate those …

Some Themes In The Proposed Federal Rules Of Evidence, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

Although the Federal Rules of Evidence are under consideration by Congress, it is unlikely that many of their major themes will be reversed. The present article examines some of these themes as they appear in the Supreme Court-approved draft. The aim is merely to make more explicit the effects of the Rules and suggest some questions for study.

Sentencing: The Probation Officer, James Lowenthal

IUSTITIA

Sentencing offenders of the criminal law is a widely diverse and complex problem. Few guidelines are available for those upon whom the task has been thrust. Depending upon the jurisdiction, various parties are responsible for sentence determination: juries, administrative agencies, legislatures, and judges. Most jurisdictions, however, require the judge to make the final determination.' To aid in this determination, many jurisdictions, including federal district courts, require or permit judges to consider a presentence investigation report prepared by a professional probation officer. The use of these reports and recommendations are generally limited to felony cases or to specific crimes where probation …

A Comparative Description Of The New York And California Criminal Justice Systems: Arrest Through Arraignment, Floyd F. Feeney, James R. Woods

Vanderbilt Law Review

The purpose of this article is to outline by comparative description the arrest and related court processes for handling criminal defendants in New York City and Oakland, California. Hopefully the description will shed light on problem areas shared by both systems and will suggest ways of alleviating these problems. This article discusses the period from arrest through the first judicial appearance in each system. A later study, not yet completed, will detail the sequence between the first judicial appearance and the beginning of trial. For the purposes of convenience and because the term is widely used both in California and …

Financial Screening In Criminal Cases—Impractical And Irrelevant, William H. Fortune

Law Faculty Scholarly Articles

In 1970 Chief Justice Burger, commenting on the work of the ABA Advisory Committee, compared the criminal justice system to a three-legged stool, one leg the judge, the second leg the prosecution, and the third leg the defense lawyer: "We concluded very quickly that that third leg in this context was as essential as the third leg of a stool. We have not quite said it ought to be jurisdictional that you have three parts to this enterprise but we have come very, very close to it." It is time to admit the overriding social need for attorney representation and …

Florida's Legislative Response To Furman: An Exercise In Futility?, Charles W. Ehrhardt, Harold Levinson

Scholarly Publications

No abstract provided.