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Full-Text Articles in Law
Federal Injunctions And State Criminal Prosecutions: Vestiges Of Our Federalism, Bruce E. Gaynor
Federal Injunctions And State Criminal Prosecutions: Vestiges Of Our Federalism, Bruce E. Gaynor
Cleveland State Law Review
Increasingly over the past decade, persons charged with violations of "unconstitutional" federal or state statutes have sought to obtain equitable relief in the federal courts. Most often, the relief sought has been in the form of an injunction restraining the government from prosecuting or threatening to prosecute under the allegedly invalid statute. Declaratory relief (that the statute is, in fact, unconstitutional) has often been sought as an additional or alternative remedy.
Prison Disciplinary Procedures: Creating Rules, Jonathan Brant
Prison Disciplinary Procedures: Creating Rules, Jonathan Brant
Cleveland State Law Review
In addition to a lack of interest by the courts, prison officials received little direction from state legislatures. The general statutory provisions grant board powers to a designated member of the executive branch with no apparent restrictions on exercise of that power. The rules developed by prison officials have often been themselves worded vaguely giving inmates little idea of conduct which is expected of them.
A Modest Proposal For A Partial Reform Of Our System Of Criminal Law And Its Enforcement, J. Patrick Browne
A Modest Proposal For A Partial Reform Of Our System Of Criminal Law And Its Enforcement, J. Patrick Browne
Cleveland State Law Review
No fair observer could deny that there are glaring flaws in our system of criminal justice. The mention of only a few will suffice to illustrate the point: The police are insensitive to civil rights, and brutal to the poor and to minorities; prosecutors victimize the defenseless who are unable to obtain adequate counsel to protect their rights. And all this is done in the name of law and order. Only the brutalized members of minorities-both racial, ethnic, and financial-are more aware of these injustices than are today's law students. These students rightly burn with a combination of indignation at …
Speedy Trial - No Mere Ceremonial, Robert B. Henn
Speedy Trial - No Mere Ceremonial, Robert B. Henn
Cleveland State Law Review
In recent years, there has been a progressive refinement of individual rights, to the extent that due process must be accorded to the participant in not only judicial proceedings, but administrative actions as well. Yet, in the face of this, the anomaly exists that one highly important individual right, clearly defined by the Speedy-Trial Clause of the Sixth Amendment, is persistently abused by courts who adhere to overly strict, and demonstrably improper, interpretations of its requirements, and by prosecutors who seem to feel that a prompt determination of the innocence or guilt of the accused is a matter of grace, …
Miranda Warnings In Other Than Police Custodial Interrogations, Marvin E. Sable
Miranda Warnings In Other Than Police Custodial Interrogations, Marvin E. Sable
Cleveland State Law Review
The court, in Miranda, was quick to point out, however, that the decision in that case did not suppose to vitiate the confession as a tool of law enforcement officers in ferretting out criminals. Likewise, volunteered statements of any kind were specifically exempted from the exclusionary rule that was applied to Miranda-type admissions only. Much of the progeny of Miranda addressed itself to just such types of admissions. Oftentimes, the courts dissected the seemingly unitized custodial interrogation requirement of Miranda by turning their decisions of its inapplicability upon the absence of either the "custody" or the "interrogation" aspect