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Full-Text Articles in Law

The Warren Court And Criminal Procedure, A. Kenneth Pye Dec 1968

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 …


"Street Encounters" And The Constitution: Terry, Sibron, Peters, And Beyond, Wayne R. Lafave Nov 1968

"Street Encounters" And The Constitution: Terry, Sibron, Peters, And Beyond, Wayne R. Lafave

Michigan Law Review

In light of the surfeit of law review commentary on the subject of stop and frisk, a word about what follows is in order. This Article is not intended to be a restatement or summary of the recent debate on stop and frisk. Terry and its companions have put some of the issues to rest and pushed others to the forefront, and with the resulting change in the battle lines the time is ripe for a reassessment. The concern here is with the approach taken by the Supreme Court in Terry, Sibron, and Peters, and the emphasis is …


Custodial Police Interrogation In Our Nation's Capital: The Attempt To Implement Miranda, Richard J. Medalie, Leonard Zeitz, Paul Alexander May 1968

Custodial Police Interrogation In Our Nation's Capital: The Attempt To Implement Miranda, Richard J. Medalie, Leonard Zeitz, Paul Alexander

Michigan Law Review

In his attempt to define the meaning of democracy, Carl Becker, looking back to Plato's view of society, observed that "[a]ll human institutions, we are told, have their ideal forms laid away in heaven, and we do not need to be told that the actual institutions conform but indifferently to these ideal counterparts." Becker's observation may well set the perspective from which to view what occurred when the attempt was made in the District of Columbia to implement the Supreme Court's decision in Miranda v. Arizona.


The Administration Of Justice In The Wake Of The Detroit Civil Disorder Of July 1967, Michigan Law Review May 1968

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 …


Unconstitutional Uncertainty: A Study Of The Use Of Detainers, Donald E. Shelton Apr 1968

Unconstitutional Uncertainty: A Study Of The Use Of Detainers, Donald E. Shelton

University of Michigan Journal of Law Reform

The question is why a prosecutor would go through the motions of asking a warden to notify him of the availability of a prisoner that he never intends to take into custody. The first answer is that it is common practice for many prosecutors to automatically file a detainer upon learning that an accused is imprisoned elsewhere. This decision is made without any regard to their eventual decision to prosecute. But the more basic answer, and the reason why this practice of automatic filing of detainers has developed, lies in the effects a detainer has upon the prisoner.


Westin: Privacy And Freedom, Stanley K. Laughlin Jr. Mar 1968

Westin: Privacy And Freedom, Stanley K. Laughlin Jr.

Michigan Law Review

A Review of Privacy and Freedom by Alan F. Westin