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Articles 4261 - 4290 of 4819
Full-Text Articles in Law
Liability Of State Officials And Prison Corporations For Excessive Use Of Force Against Inmates Of Private Prisons, Donna S. Spurlock
Liability Of State Officials And Prison Corporations For Excessive Use Of Force Against Inmates Of Private Prisons, Donna S. Spurlock
Vanderbilt Law Review
Privatization of correctional institutions has emerged in response to the growing problem of prison overcrowding and the increasing cost of providing correctional services. Although it offers solutions to pressing social and financial problems, privatization raises two significant legal questions. First, how much force may a prison guard, hired by a private corrections corporation, use against a prisoner; and second, who will be liable when that guard uses excessive force?
This Note analyzes the issues surrounding the liability of both state and private corrections corporations for the excessive use of force by private prison guards. Part II examines the imposition of …
The Lockdown Of Marion Penitentiary: A Disciplinary Analysis, Mary E. Hurley
The Lockdown Of Marion Penitentiary: A Disciplinary Analysis, Mary E. Hurley
In the Public Interest
No abstract provided.
Police Killings And Capital Punishment: The Post-Furman Period, William C. Bailey, Ruth D. Peterson
Police Killings And Capital Punishment: The Post-Furman Period, William C. Bailey, Ruth D. Peterson
Sociology & Criminology Faculty Publications
In view of (1) escalating national attention and political and judicial activity centering on capital punishment during recent years and (2) concomitant changes in police killing rates, this paper investigates the impact of the death penalty on rates of lethal assaults against the police for the post-Furman period, 1973–1984. In keeping with recent investigations of deterrence and general homicides, multiple regression is used as a means of controlling for the influence of possible confounding variables in examining the capital punishment/police killings relationship. Consistent with previous investigations, the present analysis provides no indication that our national return to capital punishment …
International Courts And The Efficacy Of International Law, Mark Weston Janis
International Courts And The Efficacy Of International Law, Mark Weston Janis
Faculty Articles and Papers
No abstract provided.
The Law Enforcement Officers' Privilege Against Compelled Self-Incrimination, Byron L. Warnken
The Law Enforcement Officers' Privilege Against Compelled Self-Incrimination, Byron L. Warnken
University of Baltimore Law Review
Although the fifth amendment privilege against compelled self-incrimination applies to all citizens, law enforcement officers traditionally have had to either waive the privilege when subjected to questioning or face punitive personnel action. Courts consistently held that a law enforcement officer's right to retain office depended on a willingness to forego constitutional protections.
The Supreme Court decided several cases beginning in the late 1960's that extended the full fifth amendment privilege to law enforcement officers, but lower courts have misconstrued these cases and have continued to deny fifth amendment protections. In 1974, Maryland became the first of four states to enact …
The Privatization Of Correctional Institutions: The Tennessee Experience, W.J. Michael Cody, Andy D. Bennett
The Privatization Of Correctional Institutions: The Tennessee Experience, W.J. Michael Cody, Andy D. Bennett
Vanderbilt Law Review
Recently, the privatization of correctional institutions has been a topic of intense interest both in Tennessee and other parts of the Nation. In the hope that we might learn from the past, we undertook to examine Tennessee's convict leasing practices of the nineteenth century. This Article summarizes that research and provides a narrative and analysis of the recent events regarding privatization of correctional institutions in Tennessee.
A Police Chief's Handbook On Developmental And Power Management, Donald G. Hanna
A Police Chief's Handbook On Developmental And Power Management, Donald G. Hanna
Faculty Books
No abstract provided.
Dissent From The United States Sentencing Commission's Proposed Guidelines, Paul H. Robinson
Dissent From The United States Sentencing Commission's Proposed Guidelines, Paul H. Robinson
All Faculty Scholarship
I believe the Sentencing Reform Act of 1984, which created the United States Sentencing Commission, contains two main directives. First, the Commission's guidelines must provide a rational and principled sentencing system that will further the purposes of just punishment and crime control. Second, the guidelines must reduce unwarranted disparity among sentences for similar offenders who commit similar offenses. The Act provides that this is to be achieved through the Commission's promulgation of a comprehensive sentencing system that will bind all federal judges. I opposed the Commission's Preliminary Draft of September, 1986, because I saw it as lacking both guiding principles …
Crain V. Bordenkircher: Prison Reform In The Eighties--An Impossible Dream, Deborah Jean Saladini
Crain V. Bordenkircher: Prison Reform In The Eighties--An Impossible Dream, Deborah Jean Saladini
West Virginia Law Review
No abstract provided.
Loss Of Innocence: Eyewitness Identification And Proof Of Guilt, Samuel R. Gross
Loss Of Innocence: Eyewitness Identification And Proof Of Guilt, Samuel R. Gross
Articles
It is no news that eyewitness identification in criminal cases is a problem; it is an old and famous problem. Judges and lawyers have long known that the identification of strangers is a chancy matter, and nearly a century of psychological research has confirmed this skeptical view. In 1967 the Supreme Court attempted to mitigate the problem by regulating the use of eyewitness identification evidence in criminal trials; since then it has retreated part way from that effort. Legal scholars have written a small library of books and articles on this problem, the courts' response to it, and various proposed …
A Sentencing System For The 21st Century?, Paul H. Robinson
A Sentencing System For The 21st Century?, Paul H. Robinson
All Faculty Scholarship
The Sentencing Reform Act of 1984 created the United States Sentencing Commission and directed it to devise sentencing guidelines for the federal criminal justice system. The Commission recently fulfilled this mandate, promulgating a final set of rules, which took effect November 1. Commissioner Robinson, in filing the lone dissent to these guidelines, argued that they neither meet the expectations of the Act nor provide a comprehensive and workable system. In this Article, Commissioner Robinson discusses the necessary components of a modern, principled, and workable system. He first identifies an ideal system by describing its primary goals and by offering the …
Ford V. Wainwright: States Cannot Execute Insane - But How Is Insanity Determined, 20 J. Marshall L. Rev. 549 (1987), Shannon S. Sullivan
Ford V. Wainwright: States Cannot Execute Insane - But How Is Insanity Determined, 20 J. Marshall L. Rev. 549 (1987), Shannon S. Sullivan
UIC Law Review
No abstract provided.
Police Encouragement And The Fourth Amendment, 20 J. Marshall L. Rev. 661 (1987), Barry D. Green
Police Encouragement And The Fourth Amendment, 20 J. Marshall L. Rev. 661 (1987), Barry D. Green
UIC Law Review
No abstract provided.
Macpherson V. Irs: A Dilution Of First Amendment Rights In Favor Of Expanded Federal Agency Law Enforcement Powers, 20 J. Marshall L. Rev. 795 (1987), Steven W. Jacobson
Macpherson V. Irs: A Dilution Of First Amendment Rights In Favor Of Expanded Federal Agency Law Enforcement Powers, 20 J. Marshall L. Rev. 795 (1987), Steven W. Jacobson
UIC Law Review
No abstract provided.
Colorado V. Connelly: The Gratuitous Union Of Voluntariness And State Coercion, 21 J. Marshall L. Rev. 199 (1987), James P. Byrne Jr.
Colorado V. Connelly: The Gratuitous Union Of Voluntariness And State Coercion, 21 J. Marshall L. Rev. 199 (1987), James P. Byrne Jr.
UIC Law Review
No abstract provided.
Ua12/8 Newsletter, Wku Police
Ua12/8 Newsletter, Wku Police
WKU Archives Records
WKU Police departmental newsletters for 1987.
Dangerousness And Criminal Justice, Franklin E. Zimring, Gordon Hawkins
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 …
Teenage Victims: A National Crime Survey Report, Us Department Of Justice
Teenage Victims: A National Crime Survey Report, Us Department Of Justice
National Institute of Justice Office of Justice Programs
No abstract provided.
Normative And Interpretive Conceptions Of Human Conduct: Decision-Making, Criminal Justice, And Parole , David R. Novack
Normative And Interpretive Conceptions Of Human Conduct: Decision-Making, Criminal Justice, And Parole , David R. Novack
Washington and Lee Law Review
No abstract provided.
On Legal Decision-Making, Keith Hawkins
On Legal Decision-Making, Keith Hawkins
Washington and Lee Law Review
No abstract provided.
The Right To Counsel During Custodial Interrogation: Equivocal References To An Attorney-Determining What Statements Or Conduct Should Constitute An Accused's Invocation Of The Right To Counsel, Matthew W.D. Bowman
Vanderbilt Law Review
The fifth amendment to the United States Constitution guarantees to all persons the privilege against compelled self-incrimination. In Miranda v. Arizona, the United States Supreme Court interpreted the fifth amendment to require a specified set of procedural safeguards that law enforcement officers must follow to protect adequately each individual's fifth amendment rights. The Miranda safeguards require that prior to an accused's custodial interrogation, government officials must inform the accused that he has the right to remain silent; that any of his statements maybe used against him in a subsequent criminal action; that he has the right to confer with counsel; …
Innovations In Policing: A Review Of The New Blue Line, Norval Morris
Innovations In Policing: A Review Of The New Blue Line, Norval Morris
Michigan Law Review
A Review of The New Blue Line: Police Innovation in Six American Cities by Jerome H. Skolnick and David H. Bayley
Selling The Idea To Tell The Truth: The Professional Interrogator And Modern Confessions Law, Joseph D. Grano
Selling The Idea To Tell The Truth: The Professional Interrogator And Modern Confessions Law, Joseph D. Grano
Michigan Law Review
A Review of Criminal Interrogation and Confessions (3d edition) by Fred E. Inbau, John E. Reid, and Joseph P. Buckley
Constitutional Law-Fourth Amendment-Use Of Deadly Force To Seize Fleeing Felony Suspects (Tennessee V. Garner), Georgia Mcmillen
Constitutional Law-Fourth Amendment-Use Of Deadly Force To Seize Fleeing Felony Suspects (Tennessee V. Garner), Georgia Mcmillen
NYLS Journal of Human Rights
No abstract provided.
A Mandatory Right To Counsel For The Material Witness, Susan Kling
A Mandatory Right To Counsel For The Material Witness, Susan Kling
University of Michigan Journal of Law Reform
This Note argues that a uniform statute establishing a mandatory right to counsel should be adopted, at both the state and federal levels, to afford to the material witness protection that the Constitution fails to provide. Part I describes the general scope of the problem and concludes that neither the federal government, the individual states, nor the United States Constitution provides the material witness with a mandatory right to counsel. Part II argues that the material witness should have a statutorily mandated right to counsel. A mandatory right to counsel should be extended to the material witness both for the …
The Judge, Marianne Wesson
The Recognition And Enforcement Of Foreign Law: The Antelope's Penal Law Exception, Mark Weston Janis
The Recognition And Enforcement Of Foreign Law: The Antelope's Penal Law Exception, Mark Weston Janis
Faculty Articles and Papers
In 1825, Chief Justice Marshall held in The Antelope that (t)he courts of no country execute the penal laws of another. Since then, United States Courts have painstakingly crafted a variety of definitions of the word penal in order to help determine when and when not they should apply foreign laws or execute foreign judgments which conceivably might be characterized as penal. Much of their hairsplitting analysis might have been avoided if American judges and commentators had looked behind Marshall's phrase to see its foundations in law and policy. After reviewing the accepted wisdom about The Antelope's penal law exception, …
Law And Environment In Modern America And Among The Hopi Indians: Comparison Of Values, John W. Ragsdale Jr
Law And Environment In Modern America And Among The Hopi Indians: Comparison Of Values, John W. Ragsdale Jr
Faculty Works
No abstract provided.
The Death Penalty, Ellen Y. Suni
The Death Penalty, Ellen Y. Suni
Faculty Works
In 1977, the Missouri legislature adopted a comprehensive statutory scheme defining capital murder and prescribing procedures to be utilized in imposing the death penalty in this state. After making minor revisions in the scheme, the legislature substantially revamped the homicide statutes in 1983. Included in this revision were changes in the definition of the substantive offense and revisions in the grounds and procedures for imposition of the death penalty. These legislative revisions and judicial interpretations have substantially broadened the class of defendants to whom the death penalty is applicable and substantially decreased the likelihood of successful appeal from a sentence …