Law Commons^™

Hearing On The California Youth Authority: Overcrowding, The Commonweal Report, The Role Of The Youthful Offender Parole Board, Senate Select Committee On Children And Youth

California Senate

No abstract provided.

Habeas Corpus Committee - Memoranda, Lewis F. Powell Jr.

Habeas Corpus Committee

No abstract provided.

Habeas Corpus Committee - Memoranda, Lewis F. Powell Jr.

Habeas Corpus Committee

No abstract provided.

Habeas Corpus Committee - Memoranda, Lewis F. Powell Jr.

Habeas Corpus Committee

No abstract provided.

Gang Violence: Recommendations For Legislative Solutions - November 2, 1988, Joint Committee On Organized Crime And Gang Violence

California Joint Committees

No abstract provided.

Gang Violence: Recommendations For Legislative Solutions - October 26, 1988 - Part Ii, Joint Committee On Organized Crime And Gang Violence

California Joint Committees

No abstract provided.

Gang Violence: Recommendations For Legislative Solutions - October 20, 1988, Joint Committee On Organized Crime And Gang Violence

California Joint Committees

No abstract provided.

Racial/Ethnic Tensions And Hate Violence On University Of California Campuses, Senate Select Committee On University Of California Admissions

California Senate

No abstract provided.

Habeas Corpus Committee - Memoranda, Lewis F. Powell Jr.

Habeas Corpus Committee

No abstract provided.

Impact Of The Delegation Doctrine On Prison Privatization, Ira Robbins

Articles in Law Reviews & Other Academic Journals

Few people would argue that the state of our nation's prisons and jails is ideal. Apart from whatever other ills plague these institutions, overcrowding is pervasive. Populations have doubled in a decade, and with preventive detention, mandatory minimum sentences, habitual offender statutes, and the abolition of parole in some jurisdictions, there is no relief in sight. Some states are even leasing or purchasing prison space in other states. And it is costing the taxpayers more than seventeen million dollars a day to operate the facilities, with estimates ranging up to sixty dollars a day per inmate.

Reexamining The Law Of Rape, Janet E. Findlater

Law Faculty Research Publications

No abstract provided.

The Prosecutor As "Minister Of Justice", Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Times have changed. Today, prosecutors are on top of the world. Their powers are enormous, and constantly reinforced by sympathetic legislatures and courts. The "awful instruments of the criminal law," as Justice Frankfurter described the system,1 are today supplemented with broad new crimes, easier proof requirements, heavier sentencing laws, and an extremely cooperative judiciary, from district and state judges, to the highest Court in the land.

A Municipal Police Officer's Jurisdiction To Arrest Without Warrant, Gerald S. Reamey

Faculty Articles

It is difficult to discern the jurisdictional boundaries of a Texas peace officer's warrantless arrest authority. This is due in part to the variety of “peace officers” recognized in Texas law, and in part to the numerous imprecise statutes which govern the issue. Arrest “jurisdiction” may mean the authority to arrest for certain kinds of offenses, or it may refer to the power to make an arrest in a certain territorial area. Territorial jurisdiction is most difficult to resolve in Texas. The determination of whether an arresting officer is a “peace officer,” and if so, what kind of officer, is …

Habeas Corpus Committee - Memoranda, Lewis F. Powell Jr.

Habeas Corpus Committee

No abstract provided.

03-29-1988 Per Curiam, William H. Rehnquist

Bennett v. Arksansas, 485 U.S. 395 (1988)

This case involves an attempt by the State of Arkansas to attach certain federal benefits paid to individuals who are incarcerated in Arkansas prisons.

03-24-1988 Correspondence From Brennan To Rehnquist, William J. Brennan

Bennett v. Arksansas, 485 U.S. 395 (1988)

Dear Chief,

Please join me.

03-22-1988 Correspondence From Marshall To Rehnquist, Thurgood Marshall

Bennett v. Arksansas, 485 U.S. 395 (1988)

Dear Chief:

I agree with your Per Curiam.

03-21-1988 Correspondence From Kennedy To Rehnquist, Anthony M. Kennedy

Bennett v. Arksansas, 485 U.S. 395 (1988)

Dear Chief,

As you may recall, petitioner's counsel informed us at oral argument that because Shelton did not complete a necessary IFP affidavit, his petition for certiorari was not filed by the clerk. Johnson was a party in the proceedings but did not seek certiorari. In view of the jurisdictional deficiencies, do you still wish the per curiam to cover Shelton and Johnson?

03-21-1988 Correspondence From Scalia To Rehnquist, Antonin G. Scalia

Bennett v. Arksansas, 485 U.S. 395 (1988)

Dear Chief,

I share Tony's concerns. Could not our discussion of Rose v . Rose do the job well enough?

03-18-1988 Justice Rehnquist, Per Curiam, William H. Rehnquist

Bennett v. Arksansas, 485 U.S. 395 (1988)

This case involves an attempt by the State of Arkansas to attach certain federal benefits paid to individuals who are incarcerated in Arkansas prisons.

03-04-1988 Notes From Oral Argument, Harry A. Blackmun

Bennett v. Arksansas, 485 U.S. 395 (1988)

Harry A. Blackmun's notes from oral argument.

03-02-1988 Notes From Oral Argument, Harry A. Blackmun

Bennett v. Arksansas, 485 U.S. 395 (1988)

Harry A. Blackmun's handwritten notes from oral argument.

Habeas Corpus Committee - Memoranda, Lewis F. Powell Jr.

Habeas Corpus Committee

No abstract provided.

Postsentence Sentencing: Determining Probation Revocation Sanctions, Bradford Mank

Faculty Articles and Other Publications

Although procedural due process requirements govern the proof of a violation in a probation revocation hearing, judges exercise almost total discretion in deciding what sanctions to impose once a violation is established. These postsentence judgments can be as important as the initial sentencing. Sanctions for even minor probation violations can range from obligating a probationer to meet with his probation officer more frequently to executing a suspended prison sentence. The Supreme Court recognized in Morrissey v. Brewer that the choice of sanctions is often more complex than the proof of a violation. Principles must be developed to regulate postsentence sentencing. …

A Causation Approach To Criminal Omissions, Arthur Leavens

Faculty Scholarship

This Article examines the scope of criminal laws that impose liability for failures to prevent a proscribed harm. Traditionally, courts have only imposed criminal sanctions upon individuals for their failure to act where the individual has a "legal duty" to prevent a specific harm. Professor Leavens rejects this conventional approach as being an artificial and ultimately unfair way to set the limits of omission liability. He asserts that in order for the courts validly to utilize any concept -- including "legal duty"-- to define the scope of omission liability, that concept must fairly reflect the underlying criminal prohibition; namely, that …

Proof Of Physical Child Abuse, John E.B. Myers, Linda Carter

McGeorge School of Law Scholarly Articles

No abstract provided.

Introduction: International Criminal Law – Lessons From Teaching Strategies, Daniel H. Derby

Scholarly Works

No abstract provided.

The Doctrine Of Inevitable Discovery: A Plea For Reasonable Limitations, Steven P. Grossman

All Faculty Scholarship

In reinstating the Iowa murder conviction of Robert Williams, the Supreme Court accepted explicitly for the first time the doctrine of inevitable discovery. Applied for some time by state and federal courts, the doctrine of inevitable discovery is a means by which evidence obtained illegally can still be admitted against defendants in criminal cases. Unfortunately, the Court chose to adopt the doctrine without any of the safeguards necessary to insure that the deterrent impact of the exclusionary rule would be preserved, and in a form that is subject to and almost invites abuse.

This article warns of the danger to …

Consequences Of Federalizing Criminal Law, Roger J. Miner '56

Criminal Law

No abstract provided.

"Cradled On The Sea": Positive Images Of Prison And Theories Of Punishment, Martha Grace Duncan

Faculty Articles

This interdisciplinary study investigates the meanings of incarceration through an analysis of prison memoirs and novels. It argues that many prisoners and nonprisoners exhibit powerful positive associations to penal confinement. The Article draws on psychoanalysis, philosophy, and sociol­ogy to account for the various kinds of attraction that prison exerts. The Article also considers the interrelationships between the analysis of the posi­tive images and three traditional purposes of punishment: rehabilitation, deterrence, and retribution.