Law Commons^™

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

JAPANESE CRIMINAL JUSTICE

By A. Didrick Castberg

New York, New York: Praeger Publishers, 1990. Pp. 153. $42.95.

THE INTERNATIONALIZATION OF HUMAN RIGHTS

By David P. Forsythe

Lexington, Massachusetts; Lexington Books, 1991. Pp. 209.$34.00.

FEDERAL COURTS AND THE INTERNATIONAL HUMAN RIGHTS PARADIGM By Kenneth C. Randall

Durham, North Carolina; Duke University Press. 1990. Pp. 295. $45.00.

ROMAN LAW AND COMPARATIVE LAW

By Alan Watson

Athens, Georgia: University of Georgia Press, 1991. Pp. 328. $50.00

THE U.S. CONSTITUTION AND FOREIGN POLICY

By Victoria Marie Kraft

New York, New York: Greenwood Press, 1990. Pp. 185. $45.00.

The Great Writ In Action: Empirical Light On The Federal Habeas Corpus Debate, Larry Yackle

Faculty Scholarship

The national debate regarding federal habeas corpus for state prisoners is fueled in the main by ideology. To some, the authority of the federal courts to entertain constitutional challenges to state criminal convictions is the embodiment of all that was right about the Warren Court and the vision that Court offered of a meaningful system of American liberty, underwritten by independent federal tribunals willing and able to check the coercive power of government. By this account, the Bill of Rights is the protean source of safeguards for individual freedom - commanding generous, imaginative, and insightful elaboration by federal courts at …

Constitutional Constraints On Proving "Whodunnit?", John O. Sonsteng

Faculty Scholarship

American system places these constraints on the age old criminal law question: “WHODUNIT?” This article explores these issues.

Note, The Death Penalty In Late Imperial, Modern, And Post-Tiananmen China, Alan W. Lepp

Michigan Journal of International Law

This paper seeks to explore the crucial determinants that shape the Chinese legal system's use of the death penalty. Why have the Chinese relied so heavily on execution as a form of sentencing? What factors and conditions account for the major changes in the frequency of China's use of the death penalty? What indigenous traditions are reflected in China's implementation of the death penalty? In order to inquire into the role and function of the legal system in affecting the severity of criminal punishment in China, this study will focus on only those death sentences carried out by the state …

A Retrospective On The Criminal Trial Jury, 1200-1800, Thomas A. Green

Book Chapters

My recent book provided an overview of the history of the institutional aspects of the English criminal trial jury upon which all of the contributors to this volume have, tacitly or otherwise, commented. That tentative institutional background was intended both to stand on its own terms and to provide a framework for the studies on the relationship between law and society and on the history of ideas regarding the jury that made up the larger part of the volume. The two aspects of my book were joined: the socio-legal analysis and the history of ideas were to a large extent …

Suspending Imposition And Execution Of Criminal Sentences: A Study Of Judicial And Legislative Confusion, John M.A. Dipippa

University of Arkansas at Little Rock Law Review

No abstract provided.

The Scope Of Criminal Restitution: Awarding Unliquidated Damages In Sentencing Hearings, Bradford Mank

Faculty Articles and Other Publications

During the past several years a variety of victim groups have forced the criminal justice system to pay more attention to the restitution needs of victims! Criminal courts, however, are still limited in the types of restitution they may award. Typically, sentencing judges can award restitution for the whole range of liquidated damages including the value of stolen or destroyed property, medical expenses, and lost past wages. In most jurisdictions, however, criminal courts cannot award restitution for unliquidated damages involving compensation for pain and suffering, or for lost future earning capacity. Crime victims must initiate a civil suit at their …

Dangerousness And Criminal Justice, Franklin E. Zimring, Gordon Hawkins

Michigan Law Review

The first section of this paper surveys some recent writings on the topic of dangerousness for major inconsistencies, which we regard as illuminating the special problem of dangerousness in the jurisprudence of criminal sentencing.

The second section describes the "special problem of dangerousness," for, we believe, the first time. The special problem is the fear that any admission of calculations of dangerousness into sentencing decisions will lead to an overuse of dangerousness, which may be worse than the inefficiencies and hypocrisies we confront when denying that future dangerousness is relevant to decisions about prisons.

The third section attempts to reorganize …

A Statewide Survey Of Drug And Alcohol Use Among California Students In Grades 7, 9, And 11, Commission On The Prevention Of Drug And Alcohol Abuse

California Agencies

This report summarizes the findings of a survey of drug and alcohol use among 7th, 9th and 11th grade students enrolled in public secondary schools in California. The survey was sponsored by the Office of the Attorney General in recognition that drug and alcohol use are closely associated with crime and other law enforcement problems. Within this perspective, prevention of drug and alcohol use by children and adolescents becomes an essential first stage of crime prevention. The survey is the first attempt in the State of california to determine the nature and extent of drug and alcohol use by students …

Dangerous Offenders: The Elusive Target Of Justice, Elizabeth T. Lear

Michigan Law Review

A Review of Dangerous Offenders: The Elusive Target of Justice by Mark H. Moore, Susan Estrich, Daniel McGillis, and William Spelman

Book Review. The Limits Of Liberalism: Wrong To Others, Patrick L. Baude

Articles by Maurer Faculty

No abstract provided.

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

Jailbirds In Mid-Victorian Halifax, Judith Fingard

Dalhousie Law Journal

The social history of crime and criminal justice in the nineteenth century has recently tended to emphasize two themes: first, attitudes towards crime and punishment, and the administrative reforms of institutions which grew out of those attitudes; second, the nature of criminality, particularly of serious crime and long-term trends, as revealed in case studies of offences in particular localities, including computer-based, statistical profiles of criminal populations. Both these approaches have their strengths, but it must be recognized that they are heavily weighted in favour of the theoretical, the institutional, and the statistical; they are also predominantly concerned with the view …

Criminal Justice In Colonial America, 1606-1660, Michigan Law Review

Michigan Law Review

A Review of Criminal Justice in Colonial America, 1606-1660 by Bradley Chapin

Tightening The Reins Of Justice In America: A Comparative Analysis Of The Criminal Jury I England And The United States, Michigan Law Review

Michigan Law Review

A Review of Tightening the Reins of Justice in America: A Comparative Analysis of the Criminal Jury I England and the United States by Michael H. Graham

Court Reform From Bail To Jail, Wade H. Mccree Jr.

Michigan Law Review

A Review of Court Reform on Trial: Why Simple Solutions Fail by Malcolm M. Feeley

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

Organised Resistance, Terrorism And Criminality In Ireland: The State's Construction Of The Control Equation, Mark Findlay

Research Collection Yong Pung How School Of Law

Despite the reality of partition that created "two Irelands," comparative analysis of the state's reactions to terrorism in the Province and in the Republic is rare. The struggle over reunification, which permeates society on both sides of the border, is usually viewed by the populist press not from the Irish viewpoint, but rather from the perspective of the British government. Given this bias, organized resistance -- most notably in the North of Ireland -- is represented as an assault on a majority-supported state. Because the legitimacy of the state under attack is rarely questioned, and the motivations for the resistance …

Book Review, Mark J. Loewenstein

Publications

No abstract provided.

The Sentencing Of White-Collar Criminals In Federal Courts: A Socio-Legal Exploration Of Disparity, Ilene H. Nagel, John L. Hagan

Michigan Law Review

This Article addresses that question by examining judicial sentencing philosophy as applied to white-collar criminality and reporting data that illuminate the operation of that philosophy. Part I of the Article argues that the traditional purposes and limits of criminal sentencing may plausibly justify either disparate or comparable sentences in cases of white-collar and common criminality. Part II describes the obstacles to an accurate empirical inquiry into how judges resolve these uncertainties in the theory of punishment. Part III presents a study designed to overcome as many of these obstacles as possible. What is most dramatic is that the resulting data …

Foreword, G. Michael Mccrossin, Editor

Vanderbilt Law Review

One of the primary goals of the American criminal justice system is to protect the civil liberties of accused persons while at the same time ensuring the security of citizens' persons and property. Recently, some people have begun to argue that the pursuit of these dual purposes has resulted in a dangerous imbalance, and that our criminal justice system now focuses far too heavily on the rights of the accused. These people have perceived an alarming upswing in the incidence of violent crime and have attributed that upswing to a breakdown in the legal profession's administration of the criminal law.

Towards Neutral Principles In The Administration Of Criminal Justice: A Critique Of Supreme Court Decisions Sanctioning The Plea Bargaining Process, Malvina Halberstam

Articles

This article compares the Court's reasoning in plea bargaining cases with its reasoning in non-plea-bargaining cases that involve the same legal principles. It analyzes the Court's arguments for sustaining guilty pleas induced by fear of the death penalty or by promises of leniency, and for sanctioning the imposition of harsher penalties on those who reject prosecutional offers to plead and insist on a trial. Finally, it briefly addresses the contention that the system for the administration of criminal justice in the United States could not function if use of a sentencing differential to induce guilty pleas were prohibited.

How Serious Is Serious Crime?, Albert J. Reiss, Jr.

Vanderbilt Law Review

This Article examines the information systems that are available to the American public. Part H of the Article discusses crime information sources and limitations arising from their excessive dependence upon the same sources of information. Parts III and IV of the Article focus on the information and methods that American society depends upon to determine the amount and seriousness of"serious" crime. These parts of the Article criticize society's present modes of crime assessment by evaluating public perceptions of crime under several standards for determining the amount of harm that results from different criminal acts. In part V, the Article examines …

Socialist Legalism: Reform And Continuity In Post-Mao People's Republic Of China, Hungdah Chiu

Maryland Series in Contemporary Asian Studies

No abstract provided.

The Inauguration Of Criminology Annuals, David F. Greenberg

Michigan Law Review

A Review of Crime and Justice: An Annual Review of Research, vol. 1 edited by Norval Morris and Michael Tonry, and Criminology Review Yearbook, Vol. 2 edited by Egon Bittner and Sheldon L. Messinger

Popular Justice: A History Of American Criminal Justice, Michigan Law Review

Michigan Law Review

A Review of Popular Justice: A History of American Criminal Justice by Samuel Walker

Two Theories Of Criminal Justice, Alsen D. Miller

Michigan Law Review

A Review of A Theory of Criminal Justice by Jan Gorecki, and A Theory of Criminal Justice by Hyman Gross

Mentally Disordered Violent Offenders, Assembly Health Committee

California Assembly

No abstract provided.

Extradition Between France And The United States: An Exercise In Comparative And International Law, Christopher L. Blakesley

Vanderbilt Journal of Transnational Law

This study is a comparative analysis of the international law of extradition as applied through the general extradition law of the United States and France. It will compare each country's approach to and attitude toward the phenomenon of extradition in a systematic analysis of the United States--French Treaty of Extradition.

Extradition is an extremely technical process that requires precision and cooperation between two sovereign systems, often different in fundamental legal theory and procedure. An extradition treaty represents an attempt by diplomatic and legal means to establish this process so that the two sovereign states can cooperate in rendering fugitive criminals …

Extradition Between France And The United States: An Exercise In Comparative And International Law, Christopher L. Blakesley

Scholarly Works

In 1878 Cardaillac defined extradition as “the right for a State on the territory of which an accused or convicted person has take refuge, to deliver him up to another State wich has requisitioned his return and is competent to judge and punish him.” The term “extradition” was imported to the United States from France, where the decret-loi of Febraury 19, 1791, appears to be the first official document to have used the term. The term is not found in treaties or conventions until 1828. The Latin equivalent to extradition, “tradere”, is not found in early Latin works, but the …