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Police Use Of Cctv Surveillance: Constitutional Implications And Proposed Regulations, Gary C. Robb

University of Michigan Journal of Law Reform

This article evaluates the constitutionality of CCTV "searches." Part I discusses the present uses being made of closed circuit technology and evaluates the merits of the CCTV surveillance system. The critical policy trade-off is the system's effectiveness in combatting crime against the resulting loss of privacy to individual citizens.

Part II considers the constitutional implications of CCTV use in terms of three major doctrines: the Fourth Amendment prohibition against "unreasonable searches and seizures"; the constitutional right of privacy; and the First Amendment guarantees of free speech and association. This part briefly summarizes the state of the law concerning these constitutional …

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 …

Search And Seizure: A Treatise On The Fourth Amendment, William H. Erickson

Michigan Law Review

A Review of Search and Seizure: A Treatise on the Fourth Amendment by Wayne R. LaFave

Alaska Justice Forum ; Vol. 3, No. 6 (June 1979), M. James Messick, N/A Uaa Criminal Justice Center

Vols 01-10 (1977-1994)

The June 1979 issue of the Alaska Justice Forum features a description of the Alaska Department of Public Safety's restructured Village Police Officer (VPO) program, now renamed the Village Public Safety Officer (VPSO) program; a discussion of remarks made by Anchorage Superior Court Judge James K. Singleton at a sentencing hearing in regards to sentencing practices in Alaska; and a digest of recent Alaska Supreme Court opinions in criminal appeals cases. The Alaska Justice Forum suspended publication with this issue on expiration of its funding grant. (The Alaska Justice Forum resumed publication with Vol. 4, No. 1 in Spring 1987.)

Alaska Justice Forum ; Vol. 3, No. 5 (May 1979), Uaa Criminal Justice Center

Vols 01-10 (1977-1994)

The May 1979 issue of the Alaska Justice Forum features the second of two article on the major findings of Alaskan Village Justice — the first comprehensive study of public safety and the criminal justice system in the predominately Alaska Native villages of rural or "bush" Alaska — and a summary of the defense reply to a petition for review in the case of State v. Sundberg involving the (nonfatal) police shooting of a suspect running from the scene of a burglary. Also included are digests of recent Alaska Supreme Court opinions and points brought up in criminal appeals cases.

Alaska Justice Forum ; Vol. 3, No. 4 (April 1979), Endell V. N/A

Vols 01-10 (1977-1994)

The April 1979 issue of the Alaska Justice Forum features the first of two article on the major findings of Alaskan Village Justice — the first comprehensive study of public safety and the criminal justice system in the predominately Alaska Native villages of rural or "bush" Alaska — and part 2 of a discussion of police education in the United States. Also included are digests of recent Alaska Supreme Court opinions and points brought up in criminal appeals cases, and a justice training calendar.

Crime And The Justice System In Rural Alaskan Villages, John E. Angell

Conference papers

Approximately 20 percent of Alaska's population live in small remote Native villages. Very little factual data regarding contemporary criminal justice operations has been compiled. For example, comprehensive data concerning present crime rates, policing methods, and local deviancy control mechanisms in rural Alaska simply do not exist. The research underlying this paper was an exploratory effort to begin the collection of crime and justice information which can be used in criminal justice policy development in rural areas of the state by the State of Alaska.

Alaska Justice Forum ; Vol. 3, No. 3 (March 1979), Endell V. N/A, N/A Uaa Criminal Justice Center

Vols 01-10 (1977-1994)

The March 1979 issue of the Alaska Justice Forum features the first of two articles reporting on a national symposium on police higher education; the final order of Anchorage Superior Court Judge James K. Singleton in the case of Moseley v. Beirne, a class action suit attacking conditions and overcrowding in the Southcentral Correctional Center Annex (Sixth Avenue Jail) in Anchorage; the appointment of Bill Nix as Commissioner of Public Safety; the appointment of Charles F. Campbell as Director of the Alaska Division of Corrections; and a bill to establish an intermediate court of appeals as proposed by the Alaska …

Alaskan Village Justice: An Exploratory Study, John E. Angell

Reports

Initiated by the Alaska Criminal Justice Planning Agency, this is the first comprehensive study of public safety and the administration of justice in the predominately Alaska Native villages of rural or "bush" Alaska. Researchers visited 56 communities within seven of the twelve Alaska Native corporation regions in the state as part of an exploratory effort to collect crime and justice information for use by the State of Alaska in criminal justice policy development in rural areas of the state. Information was gathered in three ways: (1) review of available documents related to each of the communities; (2) direct observations of …

Entrapment Versus Due Process: A Solution To The Problem Of The Criminal Conviction Obtained By Law Enforcement Misconduct , Peter O'Connor

Fordham Urban Law Journal

This article contrasts the different approaches to dealing with entrapment: the due process rubric of the New York Court of Appeals and the predisposition framework set forth by the United States Supreme Court. The New York Court of Appeals reliance on government lawlessness rather than the Supreme Court's plurality focus on fourth and fifth amendment violations may cause less uncertainty and provide a better guidepost moving forward.

The Exclusionary Rule In Historical Perspective: The Struggle To Make The Fourth Amendment More Than 'An Empty Blessing', Yale Kamisar

Articles

In the 65 years since the Supreme Court adopted the exclusionary rule, few critics have attacked it with as much vigor and on as many fronts as did Judge Malcolm Wilkey in his recent Judicature article, "The exclusionary rule: why suppress valid evidence?" (November 1978).

A Defense Of The Exclusionary Rule, Yale Kamisar

Articles

The exclusionary rule is being flayed with increasing vigor by a number of unrelated sources and with a variety of arguments. Some critics find it unworkable and resort to empirically based arguments. Others see it as the product of a belated and unwarranted judicial interpretation. Still others, uncertain whether the rule works, are confident that in some fashion law enforcement's hands are tied. Professor Yale Kamisar, long a defender of the exclusionary rule, reviews the current attacks on the rule and offers a vigorous rebuttal. He finds it difficult to accept that there is a line for acceptable police conduct …

Alaska Village Police Training: An Assessment And Recommendations, John E. Angell

Reports

The nature and effectiveness of such traditional social control methods in Alaska Native cultures is difficult to evaluate because of their displacement by methods introduced by fur traders, the Revenue Cutter Service, and U.S. Marshals. Territorial and state police continued the practice of establishing in Native communities the justice models with which they were familiar. The Alaska State Police began to organize formal training programs for Alaska Native people who would serve as police officers in Fairbanks (1964) and Juneau (1965), with more extensive police training programs financed by the Bureau of Indian Affairs in Nome in 1966 and the …

Alaska Justice Forum ; Vol. 2, No. 8 (September 1978), Peter Smith Ring, James C. Hornaday, N/A Uaa Criminal Justice Center

Vols 01-10 (1977-1994)

The September 1978 issue of the Alaska Justice Forum leads with an article proposing alternatives to the exclusionary rule, which requires the suppression of evidence resulting from unconstitutional searches and seizures. Homer District Court Judge James C. Hornaday describes current trends in criminal law. The decision of the Alaska Supreme Court in William A. Rust v. State of Alaska (584 P.2d 38 (1978)) in regards to rights of prisoners to psychological or psychiatric treatment is discussed. Additional articles discuss community service as an alternative sentence and a nationwide study involving 30 police departments on predicting success in clearing burglary cases. …

Alaska Justice Forum ; Vol. 2, No. 6 (July 1978), Barry Stern, Chris Cobb, Elliott H. Robinson, Peter Smith Ring

Vols 01-10 (1977-1994)

In the July 1978 issue of the Alaska Justice Forum, the staff counsel of the Alaska Criminal Code Revision Subcommission describes the major provisions of the Revised Alaska Criminal Code as approved by the Alaska Legislature in June 1978, and highlights changes from the draft revised code proposed by the subcommission. The Anchorage Pretrial Intervention Project, which became operational in early 1978, is described. An offender reentry program of the Alaska Division of Corrections to help ex-offenders adjust to life after prison is described. The concluding installment of a six-part series on the law of confessions discusses the use of …

Career Mobility In Criminal Justice: An Exploratory Study Of Alaskan Police And Corrections Executives, John E. Angell

Conference papers

This paper provides exploratory research into the career patterns of Alaska police and correctional executives in order to assess career mobility patterns and the variables which may have had a significant influence on success. Basic data for the paper is from biographical descriptions of 78 people who have served during the past ten years in top executive positions of Alaska's police and correctional agencies, including the commissioner of the Alaska Department of Public Safety, police chiefs of the 25 largest municipal police agencies in Alaska, superintendents of Alaska correctional institutions, and directors and assistant directors within the Alaska Division of …

Alaska Justice Forum ; Vol. 2, No. 2 (February 1978), Douglas Barry, John E. Havelock, John E. Ring

Vols 01-10 (1977-1994)

The February 1978 issue of the Alaska Justice Forum presents articles on police officers who file civil suits for personal injury or defamation; the pros and cons of legal specialization; and the second of six articles on the law on confessions, focusing on the questions of what constitutes "custody" and what constitutes an "interrogation." Also included are a digest of proposed legislation introduced in the Alaska State Legislature, an announcement of an upcoming conference on probation and parole, and a justice training calendar.

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

Scholarly Articles in Law Reviews & Journals

In 1913 Eugene Ehrlich spoke of the living law when he stated that "[a]t the present as well as at any other time, the center of gravity of legal development lies not in legislation, nor in juristic science, nor in judicial decision, but in society itself.' This article is premised on the belief that Ehrlich's perception is as valid today as it was then. If you want to know the law relating to public intoxication you cannot be content with the statutes and ordinances, in the court decisions nor even the administrative rules and regulations of those charged with enforcing …

Denial Of Justice, Joel M. Flaum

Michigan Law Review

A Review of Denial of Justice by Lloyd L. Weinreb

Improving Police Discretion Rationality In Handling Public Inebriates Part Ii, David Aaronson

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Changing The Public Drunkenness Laws: The Impact Of Decriminalization, David Aaronson

Scholarly Articles in Law Reviews & Journals

Laws that decriminalize public drunkenness continue to use the police as the major intake agent for public inebriates under the "new" public health model of detoxification and treatment. Assuming that decriminalization introduces many disincentives to police intervention using legally sanctioned procedures, we hypothesize that it will be fol- lowed by a statistically significant decline in the number of public inebriates formally handled by the police in the manner designated by the "law in the books." Using an "interrupted time-series quasi- experiment" based on a "stratified multiple-group single-I design," we confirm this hypothesis for Washington, D.C., and Minneapolis, Minnesota. However, through …

Is The Exclusionary Rule An 'Illogical' Or 'Unnatural' Interpretation Of The Fourth Amendment?, Yale Kamisar

Articles

More than 50 years have passed since the Supreme Court decided the Weeks case, barring the use in federal prosecutions of evidence obtained in violation of the Fourth Amendment, and the Silverthorne case, invoking what has come to be known as the "fruit of the poisonous tree" doctrine. The justices who decided those cases would, I think, be quite surprised to learn that some day the value of the exclusionary rule would be measured by-and the very life of the rule might depend on-an empirical evaluation of its efficacy in deterring police misconduct. These justices were engaged in a less …

Brewer V. Williams, Massiah And Miranda: What Is 'Interrogation'? When Does It Matter?, Yale Kamisar

Articles

On Christmas Eve, 1968, a ten-year-old girl, Pamela Powers, disappeared while with her family in Des Moines, Iowa.2 Defendant Williams, an escapee from a mental institution and a deeply religious person, 3 was suspected of murdering her, and a warrant was issued for his arrest.4 Williams telephoned a Des Moines lawyer, McKnight, and on his advice surrendered himself to the Davenport, Iowa, police.5 Captain Learning and another Des Moines police officer arranged to drive the 160 miles to Davenport, pick up Williams, and return him directly to Des Moines. 6 Both the trial court 7 and the federal district court8 …

A Study Of The North Slope Department Of Public Safety: A Technical Assistance Report (Draft), John E. Angell

Reports

The North Slope Borough Department of Public Safety (NSBDPS) was created effective July 1, 1976, with the City of Barrow and other villages in North Slope Borough transferring their police authority and jail services to the borough. While making progress toward improving public safety in the North Slope Borough over the succeeding year, NSBDPS in September 1977 sought technical assistance from the Alaska Criminal Justice Planning Agency (CJPA) in the areas of organization and management. This report, prepared under contract with CJPA, presents a background history, findings, and recommendations on goals and objective, organizational structure, and the personnel and career …

The Use Of Citations In Lieu Of Arrest In Misdemeanor Citations, Peter Smith Ring

Reports

Since 1973, law enforcement officials in Alaska had statutory authority under Alaska Statutes 12.25.180 et. seq. to issue citations in lieu of physical arrest and booking in misdemeanor cases, and by August 1975, Juneau Police Department began to use citations in lieu of misdemeanor arrests. This report summarizes the work of a Uniform Citation Task Force, comprising representatives of the Alaska Court System, Alaska State Troopers, Anchorage District Attorney's Office, and the Anchorage Police Department, with the Criminal Justice Center at University of Alaska providing coordination and conducting research to develop guidelines for implementation of a uniform citation program within …

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

Articles

I start in Section I of this Article with an examination of the first major theme of the criminal procedure decisions of the Warren Court, the selective incorporation of Bill of Rights' guarantees into the due process clause of the fourteenth amendment. My conclusion is that the selective incorporation principle, which provided the doctrinal basis for many of the "liberal" decisions of the Warren Court, remains firmly established today under the Burger Court. Section II of the Article then analyzes the theme of equality and the role it played in Warren Court decisions in the criminal procedure area. It is …

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

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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 …

Mondale On Mapp, Yale Kamisar

Articles

Any judicial reversal of the Mapp rule threatens to have just the opposite effect. Law enforcement officials are likely to treat a decision that illegally obtained evidence may be admitted into state criminal trials as though that were a practical suspension of the constitutional rules as to lawful arrest, search, and seizure. They are likely to feel that once again "the judiciary is okaying it." With the smell of revelations of FBI "black-bag jobs" and intelligence agency abuses still in the air, is this how we want the Court to contribute to the atmosphere of police practices as we enter …

Increasing Police Utility Through Organizational Design, John E. Angell

Conference papers

Research by social scientists over the past decade provides strong evidence that American policies concerning police organizational designs have served in many instances to restrict the social usefulness, or utility, of local police operations. Substantial changes in police organizational designs are unlikely to occur unless policymakers have relatively comprehensive and complete models. To satisfy policy officials, a model must be (1) easily understood by laypersons, (2) logically related to definitions of problems acceptable to policymakers, (3) sufficiently defined to provide guidelines for systemic, incremental changes, and (4) adequate to facilitate simple, but accurate, assessment of the impact of changes consistent …