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Articles 571 - 600 of 642
Full-Text Articles in Entire DC Network
An Analysis Of The Myths That Bolster Efforts To Rewrite Rico And The Various Proposals For Reform:"Mother Of God-Is This The End Of Rico?", G. Robert Blakey, Thomas A. Perry
An Analysis Of The Myths That Bolster Efforts To Rewrite Rico And The Various Proposals For Reform:"Mother Of God-Is This The End Of Rico?", G. Robert Blakey, Thomas A. Perry
Vanderbilt Law Review
In 1970 Congress enacted the Organized Crime Control Act, Title IX of which is known as the Racketeer Influenced and Corrupt Organizations Act, or RICO. Congress enacted the 1970 Act to "strengthen[]the legal tools in the evidence-gathering process, [to] establish[] new penal prohibitions, and [to] provid[e] enhanced sanctions and new remedies .,, RICO covers violence, the provision of illegal goods and services, corruption in labor or management relations, corruption in government, and commercial fraud. Congress found in 1970 that the sanctions and remedies available to combat these crimes under the law then in force were unnecessarily limited in scope and …
Selective Return Of Criminal Law Activity To Alaska Native Villages: Neocolonialism Or Revitalization Of Tribal Sovereignty?, Conn N/A
Conference papers
As Alaska struggles with criminal justice delivery to Alaska Native villages, many experiments have been undertaken or postulated which would reinvigorate criminal law activity in these rural places. Initial enthusiasm for alleviation of burdens on the formal system has been replaced with a state concern that village activity will be viewed as tribal activity. The author isolates areas where the needs of the state and villages can be met without feeding the flames of the conflict between state sovereignty and village tribal sovereignty.
Constitutional Constraints On Proving "Whodunnit?", John O. Sonsteng
Constitutional Constraints On Proving "Whodunnit?", John O. Sonsteng
Faculty Scholarship
American system places these constraints on the age old criminal law question: “WHODUNIT?” This article explores these issues.
Can We End The Shame?--Recent Multilateral Efforts To Address The World Child Pornography Market, Julia Foreman
Can We End The Shame?--Recent Multilateral Efforts To Address The World Child Pornography Market, Julia Foreman
Vanderbilt Journal of Transnational Law
In this Note, the author describes the United States and international child pornography markets. The author demonstrates how the United States Congress, judiciary, and law enforcement agencies have addressed the child pornography problem at the national and international level. In addition to the United States efforts to address this problem, the Netherlands, Denmark, and Thailand--who have all exported child pornography to the United States--have taken steps to curb the flow of child pornography. National and international child pornography markets continue to flourish, however, and the author concludes that more steps to eradicate child pornography are necessary. Finally, the author describes …
The Ker-Frisbie Doctrine: A Jurisdictional Weapon In The War On Drugs, Andrew B. Campbell
The Ker-Frisbie Doctrine: A Jurisdictional Weapon In The War On Drugs, Andrew B. Campbell
Vanderbilt Journal of Transnational Law
This Note addresses the ongoing use of extra legal apprehension, as applied under "Ker v. Illinois" and "Frisbie v. Collins," as a viable alternative to extradition in obtaining custody over those accused of exporting drugs to the United States. The author outlines the cultural and political reasons for the production of illicit drugs, examines the purposes and structures of formal extradition treaties and their effectiveness in bringing drug traffickers to trial, and considers the alternatives to formal extradition. The author concludes that extralegal apprehension, in both of its two forms--abduction and irregular rendition--should remain an alternative means of securing custody …
How Useful Is Civil Rico In The Enforcement Of Criminal Law?, Gerard E. Lynch
How Useful Is Civil Rico In The Enforcement Of Criminal Law?, Gerard E. Lynch
Faculty Scholarship
The title of this paper asks what appears to be a simple and important question: Just how much does the availability of extensive private civil remedies for violation of the RICO statute add to the effort to ensure compliance with the norms of criminal law? These remarks address only civil RICO actions by private plaintiffs. The once-rare, but increasingly frequent, civil RICO actions brought by the United States present very different issues. This question is, of course, only a part of any assessment of the value of civil RICO. One may conclude that civil RICO is of little or no …
Police Discretion: A Comparative Perspective, Gregory H. Williams
Police Discretion: A Comparative Perspective, Gregory H. Williams
Indiana Law Journal
No abstract provided.
The Reagan Administration's Policy On Drug Law Enforcement, Circa 1988, James Horace Burnley 1948-
The Reagan Administration's Policy On Drug Law Enforcement, Circa 1988, James Horace Burnley 1948-
Publications
No abstract provided.
Law Enforcement And The Separation Of Powers, Gerard V. Bradley
Law Enforcement And The Separation Of Powers, Gerard V. Bradley
Journal Articles
The underlying theory and internal coherence of separation of powers is examined. It is noted that the classic rationale for the separation of power is to prevent tyranny by placing execution of the laws in hands independent from those of the legislature. The author summarizes various opinions that contradict this rationale. For example, Synar stated that the legislature and the Executive were directly accountable to the people if they neglected interbranch checks between them. The separation of powers theory, which justifies the claimed enforcement prerogative, is examined from a constitutional perspective. The author also reports on the consequences of federalism. …
Rico: The Crime Of Being A Criminal Parts Iii And Iv, Gerard E. Lynch
Rico: The Crime Of Being A Criminal Parts Iii And Iv, Gerard E. Lynch
Faculty Scholarship
In the first portion of this study, we saw that the Supreme Court in its 1981 Turkette decision endorsed what was already the consensus view of the courts of appeals that a group of individuals associated in fact to pursue entirely illegitimate purposes could constitute a RICO enterprise. Prosecutions of such associations have quickly become the leading use of the statute. It can be reliably estimated that more than forty percent of the reported appellate cases involving RICO indictments concern prosecutions in which the alleged enterprise was such an illicit association. When the cases are classified by the nature of …
The Risks And Rewards Of Criminal Activity: A Comprehensive Test Of Criminal Deterrence, W. Kip Viscusi
The Risks And Rewards Of Criminal Activity: A Comprehensive Test Of Criminal Deterrence, W. Kip Viscusi
Vanderbilt Law School Faculty Publications
Whereas previous analyses of criminal deterrence have focused on the effect of criminal enforcement on crime rates, this study analyzes the existence of compensating differentials for criminal pursuits. By analyzing the risk-rewards trade-off, this approach represents a more comprehensive test of the criminal deterrence hypothesis. The sample consisted of black inner-city youths who reported their crime participation, crime income, and self-assessed risks from crime. The risk premiums for the three principal adverse outcomes (arrest, conviction, and prison) constituted between one-half and two-thirds of all crime income on the average, providing strong support for the criminal deterrence hypothesis
Consequences Of Compliance And Deterrence Models Of Law Enforcement For The Exercise Of Police Discretion, Albert J. Reiss Jr.
Consequences Of Compliance And Deterrence Models Of Law Enforcement For The Exercise Of Police Discretion, Albert J. Reiss Jr.
Law and Contemporary Problems
No abstract provided.
Foreword: The Nature Of Discretion, Ronald J. Allen
Foreword: The Nature Of Discretion, Ronald J. Allen
Law and Contemporary Problems
No abstract provided.
Better Living Through Police Discretion, Harold E. Pepinsky
Better Living Through Police Discretion, Harold E. Pepinsky
Law and Contemporary Problems
No abstract provided.
Law Enforcement Selection Practices In The U.S.A. And Canada, Johnson W. N/A
Law Enforcement Selection Practices In The U.S.A. And Canada, Johnson W. N/A
Conference papers
Selection practices in law enforcement have been said to be one of the most complex facets of personnel management. In an effort to document the state of this complexity internationally, the study presented provides state of the art information about police personnel practices in the USA and Canada.
Review Of "The Limits Of Law Enforcement" By Hans Zeisel, Bennett L. Gershman
Review Of "The Limits Of Law Enforcement" By Hans Zeisel, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Town Law And Village Law: Satellite Villages, Bethel And Alcohol Control In The Modern Era — The Working Relationship And Its Demise, Stephen Conn
Conference papers
In southwestern Alaska the underpinning of the working relationship between official law and village social control was tied to alcohol control. This paper examines the breakdown of this relationship in the 1960s and its impact on village law. It also assesses the role of town liquor policy and town police and treatment resources on alcohol-related violence in the villages in the 1970s. It argues that a recent movement to reinstitute prohibition of importation and sale in many villages must be understood as a desire for renewal of a working relationship between two centers of legal authority.
The Limits Of Law Enforcement, Hans Zeisel
The Limits Of Law Enforcement, Hans Zeisel
Vanderbilt Law Review
Society will not be able to solve the crime problem before it has solved the problems of the ghettos. Such an undertaking is a big task, on which society thus far has worked with little diligence.Even if efforts are increased beyond their present level, the task will take a long time. Nevertheless, the question must be ad-dressed, and the statistics point precisely to where the endeavor must begin. Crime typically starts early in life, therefore, radical efforts should be made to reach these crime-prone youths before their life style is fixed. One particular statistic illuminates the problem and suggests a …
How Serious Is Serious Crime?, Albert J. Reiss, Jr.
How Serious Is Serious Crime?, Albert J. Reiss, Jr.
Vanderbilt Law Review
This Article examines the information systems that are available to the American public. Part H of the Article discusses crime information sources and limitations arising from their excessive dependence upon the same sources of information. Parts III and IV of the Article focus on the information and methods that American society depends upon to determine the amount and seriousness of"serious" crime. These parts of the Article criticize society's present modes of crime assessment by evaluating public perceptions of crime under several standards for determining the amount of harm that results from different criminal acts. In part V, the Article examines …
The Expanding Right To Counsel In New York, Debra M. Zverins
The Expanding Right To Counsel In New York, Debra M. Zverins
Fordham Urban Law Journal
A series of recent New York Court of Appeals decisions have upheld the right of a criminal suspect to have the assistance of an attorney at every stage of legal proceedings against him. This approach is considered by some to be problematic, imposing onerous burdens on police which impede effective law enforcement. This Note discusses the criminal defendant's pre-trial right to counsel in New York. Section II outlines the historical development of this fundamental right. Judicial expansions of the pre-trial right to counsel, including the People v. Bartolomeo decision, are analyzed in Section III with a view toward their effect …
Introducing New Criteria For Assessing Training Materials About The Elderly, Knowlton W. Johnson, Charles A. Beirnard, Stephen R. Stiles
Introducing New Criteria For Assessing Training Materials About The Elderly, Knowlton W. Johnson, Charles A. Beirnard, Stephen R. Stiles
Other Works
In what ways do law enforcement personnel and agencies use knowledge about the elderly? This article presents the findings of a recent study conducted by the International Training Research and Evaluation Council on how law enforcement trainees make use of the knowledge they gained through training materials developed by the National Retired Teachers Association/American Association of Retired Persons.
Examination Of Qualifying Criteria For Selection Of Law Enforcement Personnel In Alaska: Final Report, Knowlton W. Johnson, Chloe Clark-Berry
Examination Of Qualifying Criteria For Selection Of Law Enforcement Personnel In Alaska: Final Report, Knowlton W. Johnson, Chloe Clark-Berry
Reports
This report examines the "state of the art" in law enforcement selection practices, analyzes personnel selection methods in terms of their ability to evaluate candidate trainability and interpersonal skills in a fair and equitable manner, and offers options for developing a model selection system for the Alaska Department of Public Safety. The report's findings and recommendations are based on an extensive review of the literature; questionnaires and telephone surveys of law enforcement agencies in the U.S.A., Canada, Australia and New Zealand; and telephone conversations with authorities on the subject of police selection.
Alaskan Bush Justice: Legal Centralism Confronts Social Science Research And Village Alaska [Original Paper], Stephen Conn
Alaskan Bush Justice: Legal Centralism Confronts Social Science Research And Village Alaska [Original Paper], Stephen Conn
Conference papers
This paper traces the history of the bush justice system in rural Alaska, describes the relationship between traditional Alaska Native dispute resolution mechanisms and the state criminal justice system, and analyzes bush justice research between 1970 and 1981 and its effects on state agency policies and changes in the rural justice system. Innovations by researchers were well-received by villagers and field-level professionals, but not by agency policymakers. Hence, most reforms made in the 1970s had vanished by the early 1980s. The author concludes that further reforms will be ineffective unless Alaska Natives are drawn into the decisionmaking process as co-equal …
Potentially Discriminatory Criminal Justice Agency Policies, John E. Angell
Potentially Discriminatory Criminal Justice Agency Policies, John E. Angell
Reports
This report describes potential sources of discrimination in the Alaska criminal justice system related to agency policies and procedures. The study relied on policy and procedural manuals and other written materials describing operational practices and organizational and management information about criminal justice operations. The report identifies policy areas in law enforcement, the legal and judicial system , corrections, and systemwide which provide the highest potential for discrimination on the basis of race, sex, economic condition, or other characteristics.
Police Organization And Community Relations, John E. Angell
Police Organization And Community Relations, John E. Angell
Conference papers
Police scholars approached the decade of the 1970s with optimistic expectations that the use of alternative organizational designs could improve the responsiveness and effectiveness of American policing. These expectations were not fulfilled. The 1970s ended with the traditional bureaucratic philosophy more firmly entrenched in the police managerial psyche than it was in the 1960s. The author argues that this is not because the traditional bureaucratic arrangements are superior, and proposes specific changes to police organization to improve community relations and the effectiveness of the police function.
The Obligation To Work, Lawrence C. Becker
The Obligation To Work, Lawrence C. Becker
Philosophy Faculty Scholarship
No abstract provided.
The Public's Perspective— Justice Administration 1980: A Survey Of Public Opinion, John E. Havelock, Peter Smith Ring, Kevin Bruce
The Public's Perspective— Justice Administration 1980: A Survey Of Public Opinion, John E. Havelock, Peter Smith Ring, Kevin Bruce
Reports
This public opinion survey was commissioned by the Alaska Criminal Justice Planning Agency, Governor's Commission on the Administration of Justice, to help people interested in justice administration in planning, predicting, and educating with respect to the future design and administration of the justice system in Alaska. The survey was conducted during November and December 1979 and included 676 respondents from throughout Alaska. The survey elicited public opinion in four major areas: (1) the climate of public safety, including perceptions of crime rates, public safety, gun ownership, victimization, and family violence; (2) images of the justice professional, including professional skills, professionalism, …
A Basic Police Communications And Records System: Student Manual For The Police Communications And Records Program, John E. Angell
A Basic Police Communications And Records System: Student Manual For The Police Communications And Records Program, John E. Angell
Other Works
This student manual describes the basic structure of a sound police communications and records system, covering organization; files, forms, and procedures; property control records; and records retention and destruction.
Police: An Agenda For The 80'S, John E. Angell
Police: An Agenda For The 80'S, John E. Angell
Conference papers
Arguing that the police field suffers from excessively narrow frames of reference and perspectives, this paper asserts that a top priority for the 1980s police agenda must be on establishing a broader perspective for the development of theory and study of policing and explores the implications of those values and trends which the author contends will shape policing for the remainder of the 20th century, identified as (1) demographic changes, (2) the diminishing quantity of fossil fuels, (3) the accelerating rate of monetary inflation, (4) rapid developments in technology (5) changing attitudes toward the acceptance of a conflict model for …
The Alcoholic Beverage Control Board In Alaska, Peter Smith Ring
The Alcoholic Beverage Control Board In Alaska, Peter Smith Ring
Reports
Alaska state law provides that Alaska communities may make legal or illegal the local sale of liquor. Further, they may restrict legal liquor sales to community-run liquor stores and may prosecute other sales of liquor or the possession or transportation of alcoholic beverages with the intent to sell them illegally. This study of the Alcoholic Beverage Control (ABC) Board, conducted in connection with a larger research project dealing with varying legal approaches to the control of alcohol use in rural Alaska, was designed to determine the extent to which statewide legalistic control mechanisms for beverage alcohol helped or hindered local …