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Exploring The Roots Of Our Criminal Justice Systems, Samuel Walker

Michigan Law Review

A Review of The Roots of Justice by Lawrence M. Friedman and Robert V. Percival, and Conscience and Convenience by David Rothman

Prospective Determinations Of Derived Use In Civil Proceedings: Upsetting The Immunity Balance, Hilary Anne Zealand

Fordham Law Review

No abstract provided.

Juror Safety: The Presumption Of Innocence And Meaningful Voir Dire In Federal Criminal Prosecutions - Are They Endangered Species?, Abraham Abramovsky

Fordham Law Review

No abstract provided.

The Burger Court: A Judicial Nonet Plays The Enigma Variations, A. E. Dick Howard

Law and Contemporary Problems

No abstract provided.

For Capital Punishment, Michigan Law Review

Michigan Law Review

A Book Notice about For Capital Punishment by Walter Berns

Time Standards For Justice, Shimon Shetreet

Dalhousie Law Journal

The machinery of justice is under great pressures both popular and professional to expedite justice. While the attainment of expeditious justice is a generally accepted goal, the meaning of expeditious justice is unsettled and ambiguous. The struggle for expediting justice may have a limited significance if the goal is expressed in ambiguous and general terms. Hence it is important to go beyond the words, to establish standards for expeditious justice and as far as practicable, to express them in numerical terms. The purpose of this paper is to examine the possible reference points for measuring court delay and to discuss …

Joint Trials Of Defendants In Criminal Cases: An Analysis Of Efficiencies And Prejudices, Robert O. Dawson

Michigan Law Review

Legislatures and courts, in weighing the relative advantages of joint and separate trials, have unreasonably struck a balance in favor of joint trials. The strongest justification traditionally offered for joint trials is efficiency. This Article shows that courts have greatly exaggerated the supposed efficiencies of joint trials while grossly underestimating the impediments joint trials pose to fair and accurate determinations of individual guilt or innocence. The propriety of joint trials is more than a question of efficiencies. Joint trials usually, although not always, help the prosecutor to get convictions, and thereby modify the balance of advantage in criminal trials. Disputes …

National Juvenile Justice Program Collaboration - Evaluation Report, Genevieve Burch

Publications

Evaluation of a Collaboration of National Non-Profit Health and Welfare Organizations as They Worked Together to Serve Status Offenders and Other Youth at Risk

Presuming Lawyers Competent To Protect Fundamental Rights: Is It An Affordable Fiction?, Robert G. Lawson

Law Faculty Scholarly Articles

This article explores the ramifications of Wainwright v. Sykes, a case decided before the Supreme Court of the United States in 1977. The broad question before the Court in Sykes concerned the extent to which state prisoners should have access to federal court by use of the writ of habeas corpus. The narrow issue before the Court concerned the impact on a prisoner's claim for habeas relief of procedural defaults (such as a failure to object to evidence, a failure to perfect an appeal, etc.) that occur in the state proceeding under attack. In considering these important issues Justice …

Denial Of Justice, Joel M. Flaum

Michigan Law Review

A Review of Denial of Justice by Lloyd L. Weinreb

Distributive And Retributive Justice In Canada, Patrick Kerans

Dalhousie Law Journal

The publications of the Law Reform Commission raise many ethical issues. One question - how distributive justice affects the working of retributive justice - is raised in several of their studies but not yet explicitly faced. This paper' approaches the question by way of a reflection on Paul Weiler's lucid and balanced argument, presented in "The Reform of Punishment". 2 1 fully agree with the polemic thrust of Weiler's essay, namely, that the rehabilitative model of corrections, which views crime as a disease, is inadequate and leads to injustice. What I aim to do here is to analyse and subject …

The George-Anne, Georgia Southern University

The George-Anne

• Different Front
• Features
• View Point
• Sports
• Eagle Bulletin

The George-Anne, Georgia Southern University

The George-Anne

• Second Front
• People at Southern
• View Point
• Features
• Sports
• Eagle Bulletin

Pathways For Future Justice, Honorable Ben F. Overton

Nova Law Review

Our judicial system is said to be in a state of crisis. Courts across the entire United States are being asked to absorb increased court work; the judiciary is losing its attractiveness for outstanding lawyers; and the public continues to be uninformed about the legal system.

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 …

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 …

Justice In The 20th Century, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Has The Court Left The Attorney General Behind? The Bazelon-Katzenbach Letters On Poverty, Equality, And The Administration Of Criminal Justice, Yale Kamisar

Articles

Distribution of the first preliminary draft of the proposed American Law Institute Model Code of Pre-Arraignment Procedure last June touched off a brisk exchange of letters between Chief Judge David Bazelon of the United States Court of Appeals for the District of Columbia Circuit, who maintained that the proposed code left a good deal to be desired, and Attorney General Nicholas deB. Katzenbach, who, although he did not explicitly treat any provision of the preliminary draft, sharply challenged the conception of equality underlying Bazelon's criticism of it. By now, both the code, and the Bazelon-Katzenbach correspondence which it evoked, are …

Evolution Of The Judicial System In 19th Century Imperial Russia, Richard Casson

Senior Scholar Papers

An analysis of the judicial system which existed during the reign of Nicholas I (1825-1855) serves as an example of the detestable condition of the legal and court system for several centuries prior to the 1864 Reform. The structure of the courts was complex and confusing; there were an overabundance of tribunals with ill-defined jurisdiction. The procedure was lengthy, expensive, and inquisitorial by nature. The personnel, both judges and clerks, were ignorant and corrupt. The few attorneys that existed were as inadequately trained and as prone to bribery as the personnel in the courts. There was also a mass of …

Book Reviews

Fordham Law Review

No abstract provided.

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

Administering Justice The Medical Prepossession, Clarence A. Lightner

Michigan Law Review

This quotation is from a recent document coming from con- servative and intelligent sources, recommending as a cure for economic and commercial unrest, and other evils, the creation of a League of National Guilds.

New Trials For Technical Errors, Edson R. Sunderland

Articles

A witness called to testify is presumed to be of good character. Hence no proof of it is necessary. But out of abundant caution this presumption is fortified by evidence. The witness is thus shown to be in fact exactly what the law presumes him to be. Result-the case is reversed for the commission of this grave and prejudicial error.-Lockett v. State (Ark. 1918), 207 S. W. 55. No one but an American lawyer could treat the above statement seriously. Only an American court could announce so extraordinary a decision. In no other English speaking country would the people tolerate …

Inquiry Concerning Justice, Floyd R. Mechem

Michigan Law Review

Justice, said Daniel Webster, "is the greatest interest of man on earth." Alexander Hamilton, in the Federalist, declared "Justice is the end of government. It is the end of civil society. It has ever been, and ever will be, pursued until it be obtained, or until liberty be lost in the pursuit."