Digital Commons Network^™

Abscam And The Constitution, Louis Michael Seidman

Michigan Law Review

A Review of ABSCAM Ethics: Moral Issues and Deception in Law Enforcement by Gerald M. Caplan

(Almost) Everything You Wanted To Know About Criminal Procedure, Charles F.C. Ruff

Michigan Law Review

A Review of Criminal Procedure by Wayne R. LaFave and Jerold H. Israel

Learning The Skills Of Policing, David H. Bayley, Egon Bittner

Law and Contemporary Problems

No abstract provided.

Probable Cause And Common Sense: A Reply To The Critics Of Illinois V. Gates, Joseph D. Grano

University of Michigan Journal of Law Reform

Part I of this article reviews Gates's actual holding. Although one can view much of the Court's more interesting discussion of the two-pronged test as dicta, the majority and dissenters clearly did not regard it as such. The majority and dissenters disagreed, however, not only over the appropriate hearsay test but, more fundamentally, over the nature of probable cause itself. I will argue that one must resolve this more basic disagreement before properly addressing the hearsay issue.

Part II examines probable cause from an historical perspective. In this part, I attempt to demonstrate that both the English common law …

The Applicability Of Miranda Warnings To Non-Felony Offenses: Is The Proper Standard "Custodial Interrogation" Or "Severity Of The Offense"?, Kenneth W. Gaul

University of Michigan Journal of Law Reform

This Note argues that the proper standard for determining the necessity of the Miranda warnings for any offense is the existence of custodial interrogation. When interrogation for non-felony offenses takes place in a custodial atmosphere, Miranda warnings should be required, as they are for more serious offenses. Part I summarizes the two basic approaches taken by courts that have confronted the question of the applicability of the Miranda warnings to non-felony offenses. Part Ill argues that neither the rationale for the Miranda doctrine nor the roots of the fifth amendment support a distinction based on the severity of the offense …

The Fourth Amendment And The Control Of Police Discretion, William J. Mertens

University of Michigan Journal of Law Reform

The fourth amendment protects the security of people's "persons, houses, papers, and effects" in two distinct (if overlapping) ways. First, it requires a sufficiently weighty public interest before the government's agents are allowed to search or seize. Thus, for example, probable cause is required for arrest. Whatever uncertainty there may be in the phrase "probable cause" (and, for that matter, however indefinite the idea of "arrest" may have become), in this context, at least, the probable cause standard requires the demonstration of objective facts that point with some probability to the guilt for some particular offense of the person arrested. …

Ethics, Public Policy And Criminal Justice, Michigan Law Review

Michigan Law Review

A Review of Ethics, Public Policy and Criminal Justice by Frederick Elliston and Norman Bowie

Gates, 'Probable Cause', 'Good Faith', And Beyond, Yale Kamisar

Articles

Illinois v. Gates1 was the most eagerly awaited constitutional-criminal procedure case of the 1982 Term. I think it fair to say, however, that it was awaited a good deal more eagerly by law enforcement officials and the Americans for Effective Law Enforcement than by defense lawyers and the American Civil Liberties Union. As it turned out, of course, the Gates Court, to the disappointment of many, did not reach the question whether the exclusionary rule in search and seizure cases should be modified so as not to require the exclusion of evidence obtained in violation of the fourth amendment when …

Miranda: The Case, The Man, And The Players, Yale Kamisar

Reviews

On the eve of America's bicentennial, the American Bar Association told its members of a plan to publish a book about the "milestone events" in 200 years of American legal history, and invited them to vote on the milestones to be included. When the balloting was over, Miranda v. Arizona1 - "the high-water mark" of the Warren Court's revolution in American criminal procedure2 - had received the fourth highest number of votes.3 I venture to say that if members of the general public had been asked to list the "most regrettable" or "most unfortunate" milestones in American legal history, Miranda …

Insights And Strategies For Confronting Violence: Conference Proceedings, Johnson W. N/A

Books & monographs

This volume collects 25 papers based on presentations at the 1982 Conference on Violence sponsored by the Justice Center at University of Alaska Anchorage, which was held October 11–13, 1982 in Anchorage. Part I, “Violent Behavior and Contributing Factors,” presents papers focusing on sexual abuse, police violence, and political violence. Additionally, firearms, alcohol, and the media are discussed as contributing factors to violence. Part II, “Control, Treatment and Prevention of Violence,” highlights traditional and alternative strategies for combating violence. In particular, research findings and models are presented that center on domestic violence, sexual abuse, violent juvenile and adult crime, crime …

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.

Watching The Judiciary Watch The Police, Jon O. Newman

Michigan Law Review

A Review of Police Practices and the Law: Essays from the Michigan Law ReviewThe University of Michigan Press

The Warren Court (Was It Really So Defense-Minded?), The Burger Court (Is It Really So Prosecution-Oriented?), And Police Investigatory Practices, Yale Kamisar

Book Chapters

In one sense the Warren Court's "revolution" in American criminal procedure may be said to. have been launched by the 1956 case of Griffin v. Illinois (establishing an indigent criminal defendant's right to a free transcript on appeal, at least under certain circumstances) and to have been significantly advanced by two 1963 cases: Gideon v. Wainwright (entitling an indigent defendant to free counsel, at least in serious criminal cases) and Douglas v. California (requiring a state to provide an indigent with counsel on his first appeal from a criminal conviction). But these were not the cases that plunged the Warren …

Criminal Procedure, The Burger Court, And The Legacy Of The Warren Court, Jerold H. Israel

Book Chapters

Richard Nixon's criticism of the Warren Court during the 1968 presidential campaign centered largely on the Court's handling of cases involving criminal rights. According to candidate Nixon, the Court had gone much too far. It had twisted the Constitution to serve its own purposes, created a maze of legal technicalities that worked only to frustrate legitimate law enforcement efforts, and so weakened "the peace forces as against the criminal forces in this country" as to be largely responsible for the sharp rise in crime that had occurred in the sixties. What had to be done, continued Nixon, was to appoint …

Review Of "The Limits Of Law Enforcement" By Hans Zeisel, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Does (Did) (Should) The Exclusionary Rule Rest On A 'Principled Basis' Rather Than An 'Empirical Proposition'?, Yale Kamisar

Articles

[U]ntil the [exclusionary rule] rests on a principled basis rather than an empirical proposition, [the rule] will remain in a state of unstable equilibrium. Mapp v. Ohio, which overruled the then twelve-year-old Wolf case and imposed the fourth amendment exclusionary rule (the Weeks doctrine) on the states as a matter of fourteenth amendment due process, seemed to mark the end of an era. Concurring in Mapp, Justice Douglas recalled that Wolf had evoked "a storm of constitutional controversy which only today finds its end."' But in the two decades since Justice Douglas made this observation, the storm of controversy has …

Criminal Procedure, The Burger Court, And The Legacy Of The Warren Court, Jerold H. Israel

Book Chapters

During the 1960s, the Warren Court's decisions in the field of criminal procedure were strongly denounced by many prosecutors, police officers, and conservative politicians. Some of these critics were careful in their description of the Warren Court's record. Others let their strong opposition to several of the Court's more highly publicized decisions destroy their perception of the Court's work as a whole.

A Dissent From The Miranda Dissents: Some Comments On The 'New' Fifth Amendment And The Old 'Voluntariness' Test, Yale Kamisar

Book Chapters

If the several conferences and workshops (and many lunch conversations) on police interrogation and confessions in which I have participated this past summer are any indication, Miranda v. Arizona has evoked much anger and spread much sorrow among judges, lawyers and professors. In the months and years ahead, such reaction is likely to be translated into microscopic analyses and relentless, probing criticism of the majority opinion. During this period of agonizing appraisal and reappraisal, I think it important that various assumptions and assertions in the dissenting opinions do not escape attention.

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 …

On Recognizing Variations In State Criminal Procedure, Jerold H. Israel

Articles

Everyone recognizes that the laws governing criminal procedure vary somewhat from state to state. There is often a tendency, however, to underestimate the degree of diversity that exists. Even some of the most experienced practitioners believe that aside from variations on some minor matters, such as the number of peremptory challenges granted, and variation on a few major items, such as the use of the grand jury, the basic legal standards governing most procedures are approximately the same in a large majority of states. I have seen varied evidence of this misconception in practitioner discussions of law reform proposals, particularly …

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

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.

The Privacy Protection Act Of 1980: Curbing Unrestricted Third-Party Searches In The Wake Of Zurcher V. Stanford Daily, Jose M. Sariego

University of Michigan Journal of Law Reform

This article analyzes the Privacy Protection Act as a response to Zurcher. Part I discusses the Zurcher decision and its effect on First and Fourth Amendment rights, as well as its impact on state testimonial privileges. Part II critically examines key features of the statute, focusing on the parties and materials protected, the police practices regulated, the remedies provided for violations, and the Act's constitutional underpinnings. Part II also offers suggestions for remedying the problems the Act currently presents. The article concludes that the Privacy Protection Act, while a necessary first step to minimizing the impact of Zurcher, is …

Confessions And The Court, Stephen J. Schulhofer

Michigan Law Review

A Review of Police Interrogation and Confessions: Essays in Law and Policy by Yale Kamisar

In Memory Of Monrad G. Paulsen, Marvin E. Frankel

Cardozo Law Review

No abstract provided.

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

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.

Interrogation Without Questions: Rhode Island V. Innis And United States V. Henry, Welsh S. White

Michigan Law Review

In Rhode Island v. Innis, the Court defined "interrogation" within the meaning of Miranda; and in United States v. Henry, it defined "deliberate elicitation" within the meaning of Massiah. This article explores the implications of Innis and Henry, suggests readings of the new tests consistent with their purposes, and applies the tests to several situations where the scope of the fifth and sixth amendment protections remains unclear.

Seven Years Of Individualized Training: An Examination Of Specialized Training Grants Funded By The Alaska Criminal Justice Planning Agency, 1973 Through 1979, Roger V. Endell

Reports

Prior to the establishment of the Criminal Justice Center at the University of Alaska (renamed the Justice Center in 1979), 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 …

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.