Law Commons^™

Execution Without Trial: Police Homicide And The Constitution, Lawrence W. Sherman

Vanderbilt Law Review

This analysis of police homicide and the Constitution leads to the conclusion that the present state laws are unconstitutional, not just in the common-law states, but in the Model Penal Code and"forcible felony" states as well.' The present laws of every state in the union deny police homicide victims fifth and fourteenth amendment rights to due process, allow the punishment of death to be imposed in a cruel and unusual fashion, and appear to deny equal protection to blacks. The only constitutional alternative apparent is to remove police homicide from the realm of punishment and confine justification for it to …

Law And Disorder In Nineteenth-Century Kentucky, Robert M. Ireland

Vanderbilt Law Review

Nineteenth-century Kentuckians responded paradoxically to their criminal justice system. Although they complained constantly about the inadequacies of their constabulary, they refused to appropriate funds necessary to establish more efficient police forces. And while they carped continually about the ineffectiveness and ineptitude of prosecutors, the slowness and timidity of judges, the permissiveness of juries, and the leniency of governors, they also expressed equal concern about the rights of the accused and the convicted. By their ambivalence, nineteenth-century Kentuckians reflected an internal conflict that historically has characterized the response of Americans to the problem of crime. A free and dynamic society inevitably …

The Interstate Agreement On Detainers: Defining The Federal Role, Janet R. Necessary

Vanderbilt Law Review

In 1970, Congress enacted into law the Interstate Agreement on Detainers Act, making the United States and the District of Columbia parties to the interstate compact already adopted by 37 states.' The purpose of the Agreement is to "encourage the expeditious and orderly disposition" of charges underlying detainers by providing procedures by which prisoners may request disposition of such charges and prosecuting jurisdictions may obtain the presence of prisoners for trial. Recently problems of interpretation have surfaced as the federal courts have endeavored to define the role of the United States under the Agreement. The courts of appeals presently disagree …

Eighth Amendment Challenges To The Death Penalty: The Relevance Of Informed Public Opinion, Charles W. Thomas

Vanderbilt Law Review

In light of the Court's recent holding in Gregg v. Georgia, future death penalty challenges almost certainly will focus upon the type and quality of evidence available to serve as "objective indicia that reflect the public attitude toward a given sanction."'" Unfortunately, the "objective indicia" that can be relied upon and the manner in which they are to be weighted is not altogether clear. In Gregg, for example, the Court emphasized such traditional considerations as legislative enactments, decisions rendered by juries, and the single post-Furman referendum on the death penalty.'" Additionally, evidence pertaining to the determinants of public support for …

Book Review, James W. Ely, Jr.

Vanderbilt Law Review

The hypothesis of continuity has now been ably tested and challenged by William E. Nelson's fine book, Americanization of the Common Law. Relying upon years of painstaking research in courthouse files throughout Massachusetts, Nelson utilizes unpublished opinions, court records, and attorneys' notes to fashion a striking interpretation of the significant changes that occurred in Massachusetts law following the Revolution. The author undertakes an analysis of the doctrines of substantive law and techniques of law-making and enforcement in order "to trace the emergence of modern American law... Nelson's stress upon nineteenth century majoritarianism and governmental coercion must be qualified by consideration …

Citation In Lieu Of Arrest: The New California Law, Floyd F. Feeney

Vanderbilt Law Review

Sixty years ago, before the traffic infraction became a common occurrence, police departments found it necessary to make physical arrests in the case of each traffic violation. As the number of violations mounted, however, the arrest procedure proved to be too cumbersome and demanding. This led to the invention of a new procedure, the citation of promise to appear. The new system proved to be both convenient and practical and in short order it virtually replaced the old arrest procedure. Surprisingly, however, the invention of the new procedure did not lead to a rethinking of the need to arrest and …

The Collateral Consequences Of A Criminal Conviction, Thomas R. Mccoy

Vanderbilt Law Review

As a general matter [civil disability law] has simply not been rationally designed to accommodate the varied interests of society and the individual convicted person. There has been little effort to evaluate the whole system of disabilities and disqualifications that has grown up. ...As a result, convicted persons are generally subjected to numerous disabilities and disqualifications which have little relation to the crime committed, the person committing it or,consequently, the protection of society. They are often harsh out of all proportion to the crime committed.

Book Notes, Law Review Staff

Vanderbilt Law Review

The Child Savers: The Invention of Delinquency By Anthony M. Platt Chicago: University of Chicago Press, 1969. Pp. ix, 202.$8.50.

=============================

Juvenile Delinquency and Urban Areas (rev. ed.) By Clifford R.Shaw & Henry D. McKay Chicago: University of Chicago Press,1969. Pp. 394.

=============================

The Positive School of Criminology Edited by Stanley E. Grupp Pittsburgh: University of Pittsburgh Press, 1968. Pp. vi, 114. $5.95.

=============================

State and Local Tax Problems Edited by Harry L. Johnson Knoxville: University of Tennessee Press, 1969. Pp. xiii, 190. $7.50.

=============================

Tension in the Cities By James A. Bayton Philadelphia: Chilton Book Co., 1969. Pp. x, …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Criminal Law--Habeas Corpus-State Prison Regulation Prohibiting Prisoner from Preparing Petition for Fellow Inmates Held Invalid in Absence of Alternative Means of Assistance

============================

Securities Regulation--Corporation as a Director for the Purposes of Section 16(b) of the 1934 Securities Exchange Act

The Beginning Of Juvenile Justice, Police Practices, And The Juvenile Offender, Elyce Z. Ferster, Thomas F. Courtless

Vanderbilt Law Review

The public is being asked to make many important decisions which will affect the structure, jurisdiction and function of the juvenile justice system. Before making these decisions, it should have more facts about the present system and the proposed changes. The aim of this study, is to provide some of the needed information. This article, the first publication of the study, concerns the juvenile offender's initial contacts with the juvenile system, his relations with the police and the consequences of these relations. Thus far, this stage of the juvenile justice system has received far less attention than any other aspect …

Bail Reform In The State And Federal Systems, Law Review Staff

Vanderbilt Law Review

The origin of the institution of bail is not entirely known, but it is believed to have originated in medieval England as a device to free untried prisoners. The definitive structure of the process seems to have been first codified in 1275 in the Statute of Westminster. The institution developed gradually and eventually became so well established that the English Bill of Rights of 1688 provided that "excessive bail ought not to be required."' The factors contributing to the development of the institution of bail were primarily matters of practical importance. Disease-ridden jails, delayed trials by traveling justices, and insecure …

Federal Habeas Corpus And The State Court Criminal Defendant, Frank W. Wilson

Vanderbilt Law Review

Federal habeas corpus for state prisoners is one of the most controversial and emotion-ridden subjects in the entire field of criminal law. Considering the period over which this controversy has continued, it is surely one of the oldest unresolved disputes between the state and federal courts. The removal of an action from a state to a federal court may sometimes cause ruffled feelings, but few judges remain long offended at being relieved of trying a lawsuit. On the other hand, when a federal judge reverses a state judge who has been affirmed by the state appellate courts, forcing him to …

Federal Power To Seize And Search Without Warrant, Philip M. Carden

Vanderbilt Law Review

Mr. Garden here explores the history and development of the power of federal officers to seize and search without warrant. The study is divided into the power to search persons, places, vehicles, and to seize things The author concludes that, with a limited exception, no federal power of search or seizure of persons or property without prior special warrant can be derived from the federal constitution. Finally, the author suggests that the Supreme Court may refuse to follow its dicta upholding the federal power to search and seize without warrant if the proper case is brought before it.

Penology On Appeal: Appellate Review Of Legal But Excessive Sentences, Gerhard O.W. Mueller

Vanderbilt Law Review

Mr. Mueller traces the development of the technique of sentence appeals in relation to the evolution of penological theory and examines the practices of representative American jurisdictions in this area. In evaluating the status of the law, the author's reasoned judgment is that too few appellate courts have the power to review excessive sentences, and that even these courts do not exercise their power in terms of functional penology.

Local Government Law -- 1958 Tennessee Survey, John B. Thurman, Jr.

Vanderbilt Law Review

The tremendous expansion of the functions of local governmental agencies, particularly into provinces heretofore reserved for private enterprise, has resulted in a similar expansion of local government law. It seems safe to assert that within the confines of local government law can be found legal principles and rules from practically every other field of law. It is necessary, therefore, to limit the scope of an annual survey of local government law; no longer is it possible to include in a survey article such as this a discussion of all of these legal principles and rules. Nor is such a discussion …

Local Government Law -- 1955 Tennessee Survey, Clyde L. Ball

Vanderbilt Law Review

Police Power: Conformity of Ordinance to State Statute: The town of Fayetteville enacted an ordinance imposing higher standards than those established by state and federal laws upon producers, of milk to be sold within the city. In State ex rel. Beasley v. Mayor and Aldermen of Fayetteville' plaintiff milk producer, having complied with state and federal requirements, was denied a permit to sell inside the city and sought a writ of mandamus to require the city authorities to issue the permit. Under the holding in State ex rel. Nashville Pure Milk Co. v. Shelbyville, a municipality could not refuse to …

Local Government Law -- 1954 Tennessee Survey, Clyde L. Ball

Vanderbilt Law Review

Tort Liability: The case of Bricker v. Sims' was one of four cases tried together involving the tort liability of a city and its officers. The Board of Aldermen of the City of Martin adopted a curfew ordinance prohibiting any person from being on a public street or other public place after 11:00 o'clock at night. Plaintiff, while conducting himself in an otherwise lawful manner, was arrested on the public streets of Martin after the curfew hour; he was jailed and the next day was convicted and fined in the city court. Upon appeal to the circuit court the case …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Conflict of Laws--Full Faith and Credit--Characterization of Statute as Penal

Federal Tort Claims Act--Exceptions--Intentional Torts

Federal Tort Claims Act--Indemnity--Employee's Liability to Government

Federal Tort Claims Act--Parties--Impleader and Joinder

Gift Tax--Valuation--Sale or Replacement Value

Life Insurance--War Clause--Korean Conflict

Tennessee Procedure--Right to Jury Trial in Chancery--Purely Equitable Suit

Trade-Marks--Infringement as Unfair Competition--Application of Lanham Act

Criminal Law Administration Prior To Trial: Recent Constitutional Developments, Paul H. Sanders

Vanderbilt Law Review

Probably the most pervasive dilemma in human experience is that which poses the choice with respect to the use of normally-condemned means in order to attain what are considered to be desirable ends. The field of criminal law administration offers a particularly apt illustration of the dilemma in modern society. The actual, day-to-day methods of operation of our law enforcement officers, prosecutors, judges and other officials concerned with the investigation, trial and punishment of those charged with crime,--all reflect the choice that has been made in fact by our society. We can each judge, within the limits of our experience, …