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Hostile-Audience Confrontations: Police Conduct And First Amendment Rights, Michigan Law Review

Michigan Law Review

This Note first suggests an explicit standard for police conduct in the hostile-audience situation that defines procedures the police must follow at various stages to avoid violating the first amendment. The standard reflects the fact that first amendment free speech rights are not absolute and that such rights must be weighed against both compelling state interests and the competing constitutional claims of other persons. It seeks to reconcile the interest in public order with our constitutional commitment to open discussion and robust debate. Finally, to deter police abuse of first amendment rights in the hostile-audience context, reforms of tort law …

Human Resources, Training And Education: A Survey Of Alaska Criminal Justice Agencies, Peter Smith Ring

Reports

This report presents results of a survey of Alaska criminal justice agencies. The survey was designed to provide baseline data on the educational levels of criminal justice personnel and existing training programs in Alaska; and to elicit from criminal justice agencies their views on subject areas — both in higher education programs and in continuing professional development programs — which those agencies believed deserved attention. A total of 47 agencies, offices, institutions within agencies, and individuals responded to the survey, out of a total of 78 to whom surveys were sent. Respondents represented the law enforcement agencies, the Alaska Court …

Youth Attitudes And The Police: Teacher's Manual, Richard Balnave, Anchorage School District

Other Works

In 1976, Anchorage School District (ASD) and the Criminal Justice Center at University of Alaska, Anchorage, collaborated to develop a law-related curriculum for 5th, 6th, 7th, and 8th-grade classrooms, with teacher's manuals written to supplement the basic texts chosen for the program, the "Law in Action" series by Linda Riekes and Sally Mahe Ackerly (West Publishing Company, 1975). This teacher's manual for the unit taught to sixth-graders, ""Youth Attitudes and the Police," focuses on the work and responsibilities of police officers, and their relationships with kids. The teacher's manual reflects improvements to the original lessons, supplementary classroom activities, supplementary media, …

An Examination Of Specialized Training Grants Funded By The Alaska Criminal Justice Planning Agency 1973 Through 1975, Roger V. Endell

Reports

Prior to the establishment of the Criminal Justice Center at the University of Alaska, 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 travel out-of-state for programs largely unavailable …

Directions For Change In Police Organizations, John E. Angell

Conference papers

Three situations serve to hamper police effectiveness under traditional police organizational arrangements First, police operations are based on an assumption that police are primarily in the "criminal apprehension" business. This concept of the police role serves to constrain many police activities that offer potential for satisfying client needs and contributing to crime prevention. Second, police managers rely almost exclusively on the tenets of Bureaucratic Theory, as promulgated by Max Weber (1947), for arranging and managing police organizations. This reliance contributes to problems in the police and community relationship, coordination and direction of police operations, and (3) motivation of police employees. …

Aspects Of Police Search And Seizure Without Warrant In England And The United States, R. Thomas Farrar

University of Miami Law Review

No abstract provided.

Standards For Accepting Guilty Pleas To Misdemeanor Charges, Richard A. Kopek

University of Michigan Journal of Law Reform

The guilty plea-not the trial-is the most common manner of disposing of criminal cases in America. It has been estimated that 90 percent of all convictions and 95 percent of misdemeanor convictions are the result of guilty pleas. Various reasons have been advanced to explain this heavy reliance on the guilty plea. For example, it avoids the drain on judicial resources that would occur if all cases had to be tried. In addition, it eliminates the risks and uncertainties of trials and permits flexibility in sentencing. Because of the prevalence of guilty pleas, there must be procedural safeguards to insure …

Judicial Examination Of The Accused--A Remedy For The Third Degree, Paul G. Kauper

Michigan Law Review

Reprint from 30 Michigan Law Review 1224.

In its report on "Lawlessness in Law Enforcement" the Wickersham Commission concludes that in the police systems of a number of American municipalities the "third degree" is very generally practiced as a means of extorting from accused persons under arrest confessions, incriminating statements, and other information of value to the police. The conclusion of the Commission confirms the results of private investigation made in the same field. It is true that the methods of inquiry pursued by the Commission leave doubt as to the accuracy of some of the facts reported. But the …

Kauper's 'Judicial Examination Of The Accused' Forty Years Later—Some Comments On A Remarkable Article, Yale Kamisar

Articles

For a long time before Professor Paul Kauper wrote "Judicial Examination of the Accused" in 1932, and for a long time thereafter, the "legal mind" shut out the de facto inquisitorial system that characterized American criminal procedure. Paul Kauper could not look away. He recognized the "naked, ugly facts" (p. 1224) and was determined to do something about them -more than thirty years before Escobedo v. Illinois' or Miranda v. Arizona.2

Photo Essay: On The Street, John G. Hopper

IUSTITIA

When people speak of crime in the streets, they invariably refer to cold statistics or a report from a governmental agency as a source of information. There is however another source of information on the subject-that of personal experience. It is the unique experience that urban police sometimes refer to as being "on the street". The following is this photographer's impression of spending several winter nights on the streets with an urban police force.

Elevation Of Entrapment To A Constitutional Defense, Robert H. Thomson Iii

University of Michigan Journal of Law Reform

The issue of entrapment arises initially as a defense when a person is accused of committing a criminal act in which government agents solicited, and perhaps actively participated in, the conduct for which the defendant stands accused. Classic entrapment situations occur when law enforcement officers, through agents or informers, solicit an illegal transaction, such as the sale of contraband. The evidence thereby obtained is used to support the prosecution of the individual accepting the solicitation. Solicitation is an important technique of law enforcement because evidence of illegal transactions is often impossible to obtain by other methods. Certain uses of solicitation …

Protest: A Forensic Concept, L. Michael Kosanovich

IUSTITIA

Today's police administrators need administrative policy statements that can be easily followed by individual officers in reacting to civil disorders.' Historical analysis reveals a system in which the police have deepened racial divisions in the United States by failing to cope with problems in ghetto areas. Employing careless policies, sometimes initiated by the police chief and other times initiated by the individual officer, the police have shown weaknesses in two major areas. First, the police have no established procedures to follow when civil disturbances erupt. Second, the police have over-reacted to civil disturbances, apparently manifesting anti-black fury by means of …

Changing Urban Police: Practitioners' View, Robert M. Igleburger, John E. Angell, Gary Pence

Book chapters

Police administrators are responsible for providing a police operation that serves the public needs. On the surface, this responsibility appears to be simple enough; however, the realities encountered in operationalizing it are enormously complex. It is the purpose of this paper to review and analyze urban policing and suggest methods that police administrators can use to improve the effectiveness of their police organizations.

The Brief (The Spring 1973 Alumni Magazine), Southern Methodist University, School Of Law

The Brief (Law Alumni Magazine), 1965-2002

• Sabatical in Sweden
• Bogomolny Heads Center for Police
• Charles Morris to Take Sabatical
• McKnight Plans Community Property Program

Police Use Of Firearms In West Virginia--An Empirical Study, James R. Keegan

West Virginia Law Review

In its study of crime and law enforcement in the United States, the President's Commission on Law Enforcement and Administration of Justice found it "surprising and alarming that few police departments provide their officers with careful instruction on the circumstances under which the use of a firearm is permissible." This failure on the part of police administrators leaves the uninformed patrolman, charged with the day to day duty of law enforcement, subject to civil and criminal liability for the wrongful use of his weapon. It also needlessly exposed the innocent bystander to death or grievous bodily harm. To discover the …

0189 Committee On Criminal Justice, Part Ii, Colorado Legislative Council

All Publications (Colorado Legislative Council)

No abstract provided.

Rule-Making And The Police, Carl Mcgowan

Michigan Law Review

That remarkable man, Justice Oliver Wendell Holmes, in whose name and by whose providence we are met on this occasion, had many profound perceptions about the nature of law-making. Except for the violence of the Civil War in his youth, his life was largely lived at a time and in a society which seem simple and benevolent by comparison with our own. Some of his generalizations, nevertheless, continue to define accurately the limitations under which we confront the complexities presently assailing us on every side. This is notably true of the administration of criminal justice.

Data Management For A Police Command/Control Simulation Study, Gerald Louis Locasale

Retrospective Theses and Dissertations

The primary purpose of this thesis is to aid the Orlando Police Department locate areas of improvement with the effect of reducing the total response time of the Command/Control Center through the application of basic industrial engineering techniques. This work is presented in three major chapters. The first is concerned with the definition of the present operation of the Center, the total scope of each separate function within the Center and the interactions with the general public and other public safety departments. The second chapter develops the studies which provide the input values for the simulation model and the analysis …

How To Use, Abuse—And Fight Back With—Crime Statistics, Yale Kamisar

Articles

Statistics have an almost magical appeal in a "fact"-minded culture such as ours, among a people conditioned and accustomed to watch for-and attach great significance to-even the smallest fluctuations in say, the unemployment rate. Hence, as Darrell Huff graphically demonstrated in his famous little book, How to Lie with Statistics (1954), they can be-and have been-manipulated to terrorize or calm, inflate or depreciate, and above all, to sensationalize and over simplify. As Harvard criminologist Lloyd Ohlin noted recently, statistics are especially potent when "they give a sense of solid reality (usually false) to something people vaguely apprehend and when they …

Theory And Application Of Roscoe Pound's Sociological Jurisprudence: Crime Prevention Or Control?, Louis H. Masotti, Michael A. Weinstein

University of Michigan Journal of Law Reform

The current interest in reforming the administration of justice has been triggered by a number of factors including the 1967 report of the President's Commission on Law Enforcement and the Administration of Justice and the treatment afforded arrestees during the civil disorders of the past few years. The nation is alarmed at the reported annual increases in crime, and this alarm was manifested in the 1968 presidential election when "law and order" became a major issue. Superficially the answer may seem clear: more effective enforcement of the law and, when necessary, more stringent laws. The critical issue, however, is a …

The Legitimation Of Electronic Eavesdropping: The Politics Of "Law And Order", Herman Schwartz

Michigan Law Review

This Article will examine some constitutional considerations raised by wiretapping and eavesdropping in light of recent Supreme Court decisions, the probable extent of such activity, the limitations imposed upon it by title III and the ABA Standards, and the arguments for the "necessity" of electronic surveillance. Finally, a few jaundiced comments will be offered about legislative and judicial lawmaking in the field of criminal justice, particularly in a time of crisis.

A Goal-Oriented Model Code Of Pre-Arraignment Procedure For Wisconsin, Cyril D. Robinson

University of Michigan Journal of Law Reform

In this article we analyze the arrest chapter of the proposed code as it was substantially completed at the time the project was terminated, although it has been updated to accommodate relevant recent case law. We examine the need for guiding principles in drafting a code, the proper aims and organization of the code, the proposed provisions of the arrest chapter, and the law and practice which recommend both the principles and the provisions.

The Warren Court And Criminal Procedure, A. Kenneth Pye

Michigan Law Review

On October 5, 1953, Earl Warren became Chief Justice of the United States. During the fifteen years of his tenure as Chief Justice, fundamental changes in criminal procedure have resulted· from decisions of what is popularly called "the Warren Court." There may be a legitimate difference of opinion whether these changes constitute a "criminal law revolution" or merely an orderly evolution toward the application of civilized standards to the trial of persons accused of crime. Whatever the characterization, however, there can be little doubt that the developments of the past fifteen years have unalterably changed the course of .the administration …

The Administration Of Justice In The Wake Of The Detroit Civil Disorder Of July 1967, Michigan Law Review

Michigan Law Review

Early Sunday morning, July 23, 1967, the Detroit Police Department raided a "blind pig" at the corner of Twelfth Street and Clairmont Street. An unexpectedly large number of patrons were present at the after-hours drinking establishment, and it took the police over an hour to remove them all from the scene. The weather was warm and humid-despite the time, many people were still on the streets. A crowd of about two hundred gathered while the police were occupied with the individuals arrested in the raid. The last of the arrestees were removed shortly after 5:00 a.m. At that moment an …

Book Reviews

Fordham Law Review

No abstract provided.

'Custodial Interrogation' Within The Meaning Of Miranda, Yale Kamisar

Book Chapters

The primary conceptual hurdle confronting the Miranda Court was the "legal reasoning" that any and all police interrogation is unaffected by the privilege against self-incrimination because such interrogation does not involve any kind of judicial process for the taking of testimony; inasmuch as police officers have no legal authority to compel statements of any kind, there is no legal obligation, ran the argument, to which a privilege can apply. See, e.g., the discussion and authorities collected in Kamisar, A Dissent from the Miranda Dissents: Some Comments on the "New" Fifth Amendment and the Old "Voluntariness" Test, 65 MICH. L. REv. …

Books Received

Fordham Law Review

No abstract provided.

Do Police Sometimes Practice 'Civil Disobedience', Too?, Yale Kamisar

Articles

In a recent address, Mr. Joseph J. Casper, Assistant Director of the FBI, asserted that "a society living under the rule of law cannot permit persons to choose the Jaws which they will obey and the Jaws which they will break." But on reading the rest of his speech, one wonders whether he would strenuously object if the police were permitted to select the laws which they must obey and those they may disregard.

The Citizen On Trial: The New Confession Rules, Yale Kamisar

Articles

Commenting on why it has taken the United States so long to apply "the privilege against self-incrimination and the right to counsel to the proceedings in the stationhouse as well as to those in the courtroom" - as the Supreme Court did in Miranda v. Arizona - this author notes that, "To a large extent this is so because here, as elsewhere, there has been a wide gap between the principles to which we aspire and the practices we actually employ."

The Complex Of Proof, John Edgar Hoover

Fordham Law Review

No abstract provided.