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Prosecutors Matter: A Response To Bellin’S Review Of Locked In, John P. Pfaff
Prosecutors Matter: A Response To Bellin’S Review Of Locked In, John P. Pfaff
Michigan Law Review Online
In this year's Book Review issue, Jeffrey Bellin reviews my book, Locked In: The True Causes of Mass Incarceration and How to Achieve Real Reform, and he finds much to disagree with. I appreciate the editors of the Law Review providing me with the opportunity to correct a significant error he makes when discussing some of my data. In the book, I use data from the National Center for State Courts (NCSC) to show that prosecutors filed increasingly more felony cases over the 1990s and 2000s, even as crime fell. Bellin makes two primary claims about how I used …
Why Arrest?, Rachel A. Harmon
Why Arrest?, Rachel A. Harmon
Michigan Law Review
Arrests are the paradigmatic police activity. Though the practice of arrests in the United States, especially arrests involving minority suspects, is under attack, even critics widely assume the power to arrest is essential to policing. As a result, neither commentators nor scholars have asked why police need to make arrests. This Article takes up that question, and it argues that the power to arrest and the use of that power should be curtailed. The twelve million arrests police conduct each year are harmful not only to the individual arrested but also to their families and communities and to society as …
Search Incident To Probable Cause?: The Intersection Of Rawlings And Knowles, Marissa Perry
Search Incident To Probable Cause?: The Intersection Of Rawlings And Knowles, Marissa Perry
Michigan Law Review
The search incident to arrest exception authorizes an officer to search an arrestee’s person and his or her area of immediate control. This exception is based on two historical justifications: officer safety and evidence preservation. While much of search incident to arrest doctrine is settled, tension exists between two Supreme Court cases, Rawlings v. Kentucky and Knowles v. Iowa, and a crucial question remains unanswered: Must an officer decide to make an arrest prior to commencing a search? In Rawlings, the Supreme Court stated that a search may precede a formal arrest if the arrest follows quickly thereafter. In Knowles, …
The Pretext Search Doctrine: Now You See It, Now You Don't, John M. Burkoff
The Pretext Search Doctrine: Now You See It, Now You Don't, John M. Burkoff
University of Michigan Journal of Law Reform
One can only hope, to put it bluntly, that the Supreme Court majority in Villamonte-Marquez did not mean what it seemed to have said. Indeed, there is some evidence that this is precisely the case. In the same Term Villamonte-Marquez was decided, the Court also decided Texas v. Brown. In Brown, the Supreme Court continued to recognize and respond to the problem of pretext searches. In other words, the Court still acts as if the pretext search doctrine remains vital, despite the apparent body blow delivered to it in Scott and Villamonte-Marquez. The remainder of this Article …
National Study Of The Aftermath Of Apprehension, Martin Gold, Jay R. Williams
National Study Of The Aftermath Of Apprehension, Martin Gold, Jay R. Williams
University of Michigan Journal of Law Reform
It appears, unfortunately, that what legal authorities now commonly do upon apprehending a juvenile for his delinquent behavior is worse than not apprehending him at all. Two independent studies demonstrate that apprehension itself encourages rather than deters further delinquency. Such a conclusion constitutes a serious indictment of current procedures. This article documents that conclusion and, together with the reactions to these data of men professionally concerned with the problem of delinquency, suggests what might be done about this problem.
Aftermath Of Apprehension: Social Scientist's Response, Richard B. Stuart
Aftermath Of Apprehension: Social Scientist's Response, Richard B. Stuart
University of Michigan Journal of Law Reform
Gold and Williams suggest in National Study of the Aftermath of Apprehension that "It appears, unfortunately, that what legal authorities commonly do upon apprehending a juvenile for his delinquent behavior is worse than not apprehending him at all." If this conclusion is correct, and it is the result of two interrelated studies, then it should influence sweeping programmatic reforms in the social institutions concerned with promoting and safeguarding the development of youth. The intent of this article is to suggest avenues available for this reform both within and beyond the juvenile justice system. Before addressing the implications of the research, …
Aftermath Of Apprehension: Juvenile Court Judge's Response, John P. Steketee
Aftermath Of Apprehension: Juvenile Court Judge's Response, John P. Steketee
University of Michigan Journal of Law Reform
It would appear that juveniles find apprehension to be a reinforcement of their delinquent behavior. Being apprehended and questioned by the police, referred to juvenile court, meeting a probation officer, and going before a judge, not to mention the status one gains in one's group from police and/or court contact, can be a very significant chain of events for many adolescents who have never known the excitement of personal recognition by parents, school officials or even friends. For the first time, they are recognized and listened to, albeit for the wrong reasons. The attention need not be positive; shouting, scolding, …
Aftermath Of Apprehension: Family Lawyer's Response, Robert F. Drinan S.J.
Aftermath Of Apprehension: Family Lawyer's Response, Robert F. Drinan S.J.
University of Michigan Journal of Law Reform
It is contended here that Gold and Williams' statement of their thesis in National Study of the Aftermath of Apprehension that "apprehension itself encourages rather than deters further delinquency" is not what their research proves. The research proves rather that the revelation of the apprehension to the delinquent's parents without the consent of the youth apprehended is the real cause of the youth's further delinquency. Stated more precisely, it is the attitude of the parents towards the youth who has been apprehended by the police which is the critical factor in encouraging or deterring the youth from further delinquency.
The Administration Of Justice In The Wake Of The Detroit Civil Disorder Of July 1967, Michigan Law Review
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 …
Criminal Law In Action- Carrying Concealed Weapons - Chicago Statistics, John Barker Waite
Criminal Law In Action- Carrying Concealed Weapons - Chicago Statistics, John Barker Waite
Michigan Law Review
Lawyers are beginning to recognize, though slowly, that enforcement and administration of law are affected more by the psychological conditioning and the character of its administrators than by the content of the law itself. This basis of difference is well demonstrated by some data of Chicago criminal court operations as compared with similar proceedings before Detroit judges.
Report On Criminal Statistics, Lent D. Upson
Report On Criminal Statistics, Lent D. Upson
Michigan Law Review
Among the reports of the National Commission on Law Observance and Enforcement, probably none received so little public attention as that on criminal statistics. Statistics, even of the criminal variety, are dull at the best, and not calculated to whet the imagination. One murder may be the basis of a printed volume of gory details and misleading clues with everybody suspected from the parish curate to the author himself. But murders by the gross or bale leave all unmoved except the most hardened editorial commentator.