Law Commons^™

Conjugal Visitation Rights And The Appropriate Standard Of Judicial Review For Prison Regulations, Michigan Law Review

Michigan Law Review

Conjugal visitation rights allow prison inmates and spouses to visit privately and have sexual relations. A number of countries, particularly in Latin America, permit conjugal visits. Although in the United States only Mississippi and California currently permit conjugal visitation, the experience of these two states shows that such programs are workable. Conjugal visitation has met with varied reaction in the literature, but persuasive arguments have been made that it would offer potential psychological benefits to the prisoner, reduce prison homosexuality, and allow the inmate to preserve his or her marital ties. Nevertheless, the reaction of penal administrators in this country …

The Future Of Imprisonment: Toward A Punitive Philosophy, Norval Morris

Michigan Law Review

Proper use of imprisonment as a penal sanction is of primary philosophical and practical importance to the future of society. With the increasing vulnerability of our social organization and the growing complexity and interdependence of governmental structures, reassessment of appropriate limits on the power that society should exercise over its members becomes increasingly important. Perhaps if the "prison problem" is solved, many of the uneasy tensions between freedom and power in postindustrial society will diminish. The effort made here will, I hope, contribute to the solution of the "prison problem" by offering a new model of imprisonment that recognizes fundamental …

Legal Rights In A Juvenile Correctional Institution, Matthew L. Myers

University of Michigan Journal of Law Reform

This article focuses on the effect on juvenile correctional institutions of the erosion of the "hands-off" doctrine and the introduction of procedural safeguards in the juvenile justice system. In so doing, the article examines the difficulties inherent in any attempt to reform institutional practices and procedures to accommodate the goals of the juvenile correctional model. In the juvenile context, the extent to which fundamental rights need or may be abrogated to allow the institution freedom to rehabilitate and treat its inmates is crucial. Therefore, this article examines three areas involving fundamental constitutional rights: imposition of punitive segregation, freedom of communication, …

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.

The New Scope Of Federal Habeas Corpus For State Prisoners, Willard D. Lorensen

West Virginia Law Review

The year 1963 may be marked as another milestone in the evolution of the federal writ of habeas corpus. Two recent decisions of the United States Supreme Court have resolved with long needed clarity two threshold problems that face a district court when application for the writ comes from a state prisoner: (1) what issues may be raised and (2) what effect is to be given previous state court consideration of these same issues. Though storms of protest resounded a decade ago about abuse of the writ, the habeas corpus scene in more recent years has been relatively quiet. While …

Consecutive And Concurrent Sentences--A Comment, J. Alexander Creasey

West Virginia Law Review

No abstract provided.

Capital Punishment: The Moral Issue, Orvill C. Snyder

West Virginia Law Review

No abstract provided.

Prison Vs. Closed Ward: Their Philosophical Relationship, Otto E. Guttentag

Kentucky Law Journal

No abstract provided.

Book Review. M. H. Smith, Prisons And A Changing Civilisation, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Report On Penal Institutions, Probation, And Parole, Arthur Evans Wood

Michigan Law Review

This Report consists of three main parts. The first is called the Commission's Report, and is signed by that body. The second, called the Report of the Advisory Committee to the Commission, is the work of a group which includes many of the most distinguished penologists of the country. The two reports cover much the same ground, they are about the same length, and, with one or two important exceptions, the recommendations and conclusions are the same. The third part is a brief statement entitled Police Jails and Village Lockups, prepared and written by Dr. Hastings H. Hart.

Review Of Criminology, By E. H. Sutherland, John B. Waite

Reviews

Professor Waite muses that "It seems rather unfair for a lawyer to review a textbook on criminology, especially as the author himself says, and quite truly, 'Little attention has been paid by law schools, lawyers, or judges to the improvement of the criminal law....'"

Happily: "...[T]he reviewer finds nothing but good to say of the book" (once he gets past how thin the paper is) and gives the reader a generous listing of chapters in the first paragraph.