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Full-Text Articles in Law
Pretrial Detention And The Eighth And Fourteenth Amendments, James Lowe
Pretrial Detention And The Eighth And Fourteenth Amendments, James Lowe
Cleveland State Law Review
It is in the intent of the writer of this paper to examine the conditions endured by indigent defendants through their pretrial detention in Cuyahoga County Jail with respect to the Constitutional prohibitions of "cruel and unusual" punishment and a denial of "equal protection of the laws." Cuyahoga County is better known as Cleveland, Ohio. Expediency requires that the important concept of the rights of indigent inmates as they relate to civil rights statutes, and particularly Title 42 U.S.C. Section 1983, not be considered here. It may be hoped, however, that the propositions and legal considerations put forth in this …
Book Review, Elliott A. Cohen
Book Review, Elliott A. Cohen
Cleveland State Law Review
Review of Cops on Campus and Crime in the Streets, Erle Stanley Gardener, William & Morrow Co., Inc., New York, 1970
Threats As Criminal Assault, Ranelle A. Gamble
Threats As Criminal Assault, Ranelle A. Gamble
Cleveland State Law Review
Early in its history, the common law found it imperative to acknowledge and define an individual's interest in his personal integrity, physical safety and mental tranquility. The law formulated the legal rules of assault to protect this particular interest when it is wrongfully interfered with by another.' In this latter half of a nerve-wracking twentieth century, it is becoming necessary to revive the early concepts of common law assault, and under certain circumstances, to redress abusive and insulting language. Any principle of common law, particularly one concerned with the control of human behavior, has social implications, and such principle, whether …
Defendant's Right Of Discovery In Criminal Cases, Bruce E. Gaynor
Defendant's Right Of Discovery In Criminal Cases, Bruce E. Gaynor
Cleveland State Law Review
Predicated upon concepts of equity, discovery is the procedure by which one litigant is enabled to force his opponent to make some or all of his evidence available for examination. When authorized prior to actual trial, such disclosure is termed "pre-trial discovery." The purpose of a trial is to ascertain the facts." Proponents of liberal discovery assert that knowledge of the facts and, hence, discovery are necessary for fundamental justice. They contend that adoption of broad disclosure practices will eliminate the surprise and guesswork from the courtroom, and transform the aura of a trial from a "sporting event" to a …
Book Review, George R. Katosic
Book Review, George R. Katosic
Cleveland State Law Review
The reviewer summarizes Marijuana - The New Prohibition by John Kaplan. The book describes both the benefits and negative consequences of marijuana use and suggests that a licensing system is instituted to control use of the drug, but not outlaw it.
Book Review, Walter Greenwood
Book Review, Walter Greenwood
Cleveland State Law Review
This entry reviews Law Without Order: Capital Punishment and the Liberals by Bernard Lande Cohen. The book's scope encompasses criminal law in both the United States and Canada. Cohen argues that the excessive liberalism that followed the elimination of capital punishment has caused murder rates and other crimes to increase.
Prisoner's Clothing During Trial, Christine Mukai
Prisoner's Clothing During Trial, Christine Mukai
Cleveland State Law Review
This paper will deal with the appearance, vis-a-vis clothing, of a criminal defendant and the right of that defendant not to be attired in prison garb during judicial proceedings. The purpose here is not to consider the practices of the various jurisdictions; rather this shall be an attempt to display the existence and implications of the right to stand trial in non-criminating clothing.
The University And The Bail System: In Loco Altricis, Harry W. Pettigrew
The University And The Bail System: In Loco Altricis, Harry W. Pettigrew
Cleveland State Law Review
The central argument of this article is that where a transient college student is arrested financial bail is seldom necessary to assure the defendant's presence in court. However, in such a case financial bail is almost always required by the court, since in the area of bail, as with other criminal law problems, the pragmatic exigencies of the traditional American criminal law system place a heavy burden on any transient to realize the same protections, privileges, and rights provided the indigenous population.' The principal objective of this article is to describe an alternative to the financial bail system for the …