Law Commons^™

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 …

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

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

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 …

Arrest, James Boyd White

Book Chapters

The constitutional law of arrest governs every occasion on which a government officer interferes with an individual’s freedom, from full-scale custodial arrests at one end of the spectrum to momentary detentions at the other. Its essential principle is that a court, not a police officer or other executive official, shall ultimately decide whether a particular interference with the liberty of an individual is justified. The court may make this judgment either before an arrest, when the police seek a judicial warrant authorizing it, or shortly after an arrest without a warrant, in a hearing held expressly for that purpose. The …

Police Interrogation And Confessions, Yale Kamisar

Book Chapters

In the police interrogation room, where, until the second third of the century, police practices were unscrutinized and virtually unregulated, constitutional ideals collide with the grim realities of law enforcement.