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Articles 241 - 270 of 636
Full-Text Articles in Criminal Law
Vicious Circles: The Mafia In The Marketplace, Michigan Law Review
Vicious Circles: The Mafia In The Marketplace, Michigan Law Review
Michigan Law Review
A Review of Vicious Circles: The Mafia in the Marketplace by Jonathan Kwitny
Incapacitating The Habitual Criminal: The English Experience, Sir Leon Radzinowicz, Roger Hood
Incapacitating The Habitual Criminal: The English Experience, Sir Leon Radzinowicz, Roger Hood
Michigan Law Review
In this Article, Sir Leon Radzinowicz and .Dr. Roger Hood trace 150 years of unsuccessful English efforts to identify, sentence, and reform habitual criminal offenders. The Supreme Court's recent decision in Rummel v. Estelle has publicized habitual offender statutes in the United States. But Rummel primarily addressed the constitutionality, rather than the desirability, of a state habitual offender statute. This Article examines the broader policy questions common to habitual offender programs in both the United Stales and Great Britain. It describes the tension between liberal tradition and the state's desire to incapacitate those who repeatedly threaten life or property.
For Capital Punishment, Michigan Law Review
For Capital Punishment, Michigan Law Review
Michigan Law Review
A Book Notice about For Capital Punishment by Walter Berns
Plea Bargaining Reexamined, Lynn M. Mather
Plea Bargaining Reexamined, Lynn M. Mather
Michigan Law Review
A Review of Plea Bargaining: The Experiences of Prosecutors, Judges, and Defense Attorneys by Milton Heumann
Do Defendants Have An Attorney When They Have A Public Defender, James Eisenstein
Do Defendants Have An Attorney When They Have A Public Defender, James Eisenstein
Michigan Law Review
A Review of Counsel for the Poor: Criminal Defense in Urban America by Robert Hermann, Eric Single, and John Boston
The Rise Of Prisons And The Origins Of The Rehabilitative Ideal, Carl E. Schneider
The Rise Of Prisons And The Origins Of The Rehabilitative Ideal, Carl E. Schneider
Michigan Law Review
A Review of The Discovery of the Asylum: Social Order and Disorder in the New Republic by David J. Rothman
Changed Society, Changing Law, Hence Unstable Prisons, Daniel Glaser
Changed Society, Changing Law, Hence Unstable Prisons, Daniel Glaser
Michigan Law Review
A Review of Stateville: The Penitentiary in Mass Society by James B. Jacobs
The Law As A Path To The World, Francis A. Allen
The Law As A Path To The World, Francis A. Allen
Michigan Law Review
Many years ago the late Mr. Justice Oliver Wendell Holmes observed: "The law is a small subject (though ... it leads to all things) .... " The comments that follow are an elaboration of Justice Holmes's theme. It will be asserted that one characteristic of legal studies, properly pursued, is that they lead to a fuller understanding of the larger world of which the law and its institutions are a part. Because the law leads to a larger world of persons, events, and ideas, it claims the attention even of those possessing no interest in acquiring professional legal skills. This …
Pleas Of Guilty And The Loss Of Constitutional Rights: The Current Price Of Pleading Guilty, Stephen A. Saltzburg
Pleas Of Guilty And The Loss Of Constitutional Rights: The Current Price Of Pleading Guilty, Stephen A. Saltzburg
Michigan Law Review
This Article proposes the same basic rule as Westen's to explain the Supreme Court's decisions, but for very different reasons which require several modifications of the Westen rule. I argue that all the guilty-plea cases, properly viewed, are consistent with, and therefore can be read as evidence of, a theory more easily applied than articulated by the Court: that some constitutional rights are largely premised on notions of litigation avoidance, that their "avoidance" rationales must be respected, and that these rights therefore prevent governments from establishing procedural rules that force criminal defendants to go to trial-to choose more rather than …
Forfeiture By Guilty Plea--A Reply, Peter Westen
Forfeiture By Guilty Plea--A Reply, Peter Westen
Michigan Law Review
I will begin by describing what I think Professor Saltzburg and I both mean by a ''legal theory." I then apply that standard to test the validity of the two theories at issue here, first Professor Saltzburg's, then mine. I next discuss a third theory that is independent of both Professor Saltzburg's and mine, viz., that whether a constitutional claim survives a guilty plea depends on whether it is ''jurisdictional." Finally, I comment generally on the concept of forfeiture and its influence on the way one conceives of constitutional rights.
The Restoration Of In Re Winship: A Comment On Burdens Of Persuasion In Criminal Cases After Patterson V. New York, Ronald J. Allen
The Restoration Of In Re Winship: A Comment On Burdens Of Persuasion In Criminal Cases After Patterson V. New York, Ronald J. Allen
Michigan Law Review
At the conclusion of its last term, the Supreme Court rendered what should have been a most unremarkable decision. In Patterson v. New York, the Court upheld New York's affirmative defense of extreme emotional disturbance, which requires a defendant who seeks to reduce his offense from murder to manslaughter to prove by a preponderance of the evidence that he acted under extreme emotional disturbance. Had the case come before the Court seven years earlier, it could have been swiftly dispatched with a brief opinion upholding the New York statute on the grounds that the issue of extreme emotional disturbance …
Urban Politics And The Criminal Courts, Milton Heumann
Urban Politics And The Criminal Courts, Milton Heumann
Michigan Law Review
A Review of Urban Politics and the Criminal Courts by Martin A. Levin
Central Problems Of American Criminal Justice, Francis A. Allen
Central Problems Of American Criminal Justice, Francis A. Allen
Michigan Law Review
At periodic intervals during the present century the American "crime problem" has aroused agitated public discussion. At these times both publicists and ordinary citizens are likely to assume that the disturbing conditions have suddenly arisen and are wholly unlike anything experienced before. In considering the crime problem, the beginning of wisdom may lie in the discovery that this is a problem with a history. Crime and its control did not suddenly become significant in the late 1960s, at the end of World War II, or even with the launching of the prohibition experiment at the conclusion of the first great …
Consent In Criminal Law: Violence In Sports, Michigan Law Review
Consent In Criminal Law: Violence In Sports, Michigan Law Review
Michigan Law Review
Because there have been few criminal prosecutions for violence in sports, there are several difficult issues that have received only cursory analysis. This Note will focus on one such issue-the existence and effect of the consent of the injured party. In section I, it will analyze the various general theories relating to the nature of actual consent and will suggest that the current theoretical framework's emphasis on ascertaining the victim's subjective state of mind is, in some contexts, ill-conceived and unhelpful. It will argue that societal interests involved in human interactions should become a major focus of any analysis, particularly …
Criminal Redistribution Of Stolen Property: The Need For Law Reform, G. Robert Blakey, Michael Goldsmith
Criminal Redistribution Of Stolen Property: The Need For Law Reform, G. Robert Blakey, Michael Goldsmith
Michigan Law Review
Section I of this article describes various theft and fencing operations. As will be evident from that discussion, the most sophisticated fences are far removed from those receivers who are owners of seedy pawnshops or who indiscriminately select potential customers on the street, and thus they pose peculiar problems for law enforcement. Section II then identifies inadequacies in existing investigative techniques and in the substantive laws of receiving in light of modern theft and fencing operations. It proposes changes in the law and suggests appropriate law enforcement strategies to facilitate the detection and conviction of alleged fences. Needed changes in …
The Legacy Of The Stubborn And Rebellious Son, Irene Merker Rosenberg, Yale L. Rosenberg
The Legacy Of The Stubborn And Rebellious Son, Irene Merker Rosenberg, Yale L. Rosenberg
Michigan Law Review
In twentieth century America, as in Biblical ,times, parents unable to subdue their disobedient children are authorized to invoke the coercive power of the state. As recently as 1971, for example, the Supreme Judicial Court of Massachusetts rejected constitutional challenges to the state's "stubborn child" law, which at the time of its original enactment in 1646 was patterned after the above-quoted verse from Deuteronomy. The court upheld an adjudication that an adolescent girl who refused to submit to a medical examination, used vulgar language, slammed doors, and stayed outside the home "probably talking with the boys," was a "stubborn child" …
Some Observations On The Disposition Of Ccw Cases In Detroit, Michigan Law Review
Some Observations On The Disposition Of Ccw Cases In Detroit, Michigan Law Review
Michigan Law Review
Part I of this Note details the disposition of cases alleging violations of the Michigan CCW statute that were brought in the Detroit recorder's court during 1973. Although the statute is only part of the current scheme of gun control in Michigan, it is the principal weapon available to the police and prosecutor in the preventive battle against the illegal use of firearms. To give meaning to the dispositional statistics and to aid in perceiving the over-all judicial attitude toward CCW cases, the statistical results of the study are compared with statistics on the disposition of cases involving felonies similar …
The Allocation Of Prosecution: An Economic Analysis, Michigan Law Review
The Allocation Of Prosecution: An Economic Analysis, Michigan Law Review
Michigan Law Review
This Note uses economic theory to reassess the division of prosecutorial tasks between victims and the government for offenses other than victimless offenses. It attempts to answer in a general manner questions such as why the prosecutor should differ from offense to offense and where ,the line should be drawn between governmental and individual prosecution. Work done in the areas of welfare economics and public finance concerning the effectiveness of government and the private sector in providing different sorts of goods is drawn upon heavily. This Note views prosecution as an economic good and a victim's prosecution of an offender …
Ex Post Facto Limitations On Legislative Power, Michigan Law Review
Ex Post Facto Limitations On Legislative Power, Michigan Law Review
Michigan Law Review
This Note explores the rationale underlying the prohibition of ex post facto laws and formulates an analytic framework for a more principled application .of the prohibition. This analytic framework is then used, first, to critique the present strict application of the prohibition to changes in criminal "punishments" and determine whether the prohibition should be applied to sanctions imposed outside the criminal context, and, second, to determine the degree to which the prohibition should be applied to procedural changes.
The Future Of Sentencing Reform: Emerging Legal Issues In The Individualization Of Justice, John C. Coffee Jr.
The Future Of Sentencing Reform: Emerging Legal Issues In The Individualization Of Justice, John C. Coffee Jr.
Michigan Law Review
This article will focus on the mechanics of the individualization process: the manner in which dispositional information is collected, the quality of the resulting data, and the methodologies employed for its communication to and assessment by correctional decision makers. This focus is important because another distinctive feature of the American criminal justice system is the severity of the sentences it imposes. Not only is the average length of sentences imposed on American offenders far in excess of that imposed in other Western nations, but there is considerable evidence that the average length of sentences has increased in direct response to …
The Concurrent State And Local Regulation Of Marijuana: The Validity Of The Ann Arbor Marijuana Ordinance, Michigan Law Review
The Concurrent State And Local Regulation Of Marijuana: The Validity Of The Ann Arbor Marijuana Ordinance, Michigan Law Review
Michigan Law Review
The City Council of Ann Arbor, Michigan, has recently amended the City's "marijuana ordinance" so that it prohibits the possession, control, use, giving away, or sale of marijuana, and specifies a five dollar fine as punishment for violations of the ordinance. The State of Michigan has also legislated to prohibit marijuana-related activities, specifying a number of different offenses with penalties ranging as high as four years in prison, or a 2,000 dollar fine, or both. By enacting the ordinance, the City government has minimized the criminal sanctions for an activity it has found essentially benign, pursuant to certain local purposes. …
Quinney: The Social Reality Of Crime, Melvin M. Belli
Quinney: The Social Reality Of Crime, Melvin M. Belli
Michigan Law Review
A Review of The Social Reality of Crime by Richard Quinney
Military Law--Military Jurisdiction Over Crimes Committed By Military Personnel Outside The United States: The Effect Of O'Callahan V. Parker, Michigan Law Review
Military Law--Military Jurisdiction Over Crimes Committed By Military Personnel Outside The United States: The Effect Of O'Callahan V. Parker, Michigan Law Review
Michigan Law Review
Until recently, it had generally been considered that the minimum condition necessary to justify the invocation of military jurisdiction was the offender's "status" as "a person who can be regarded as falling within the term 'land and naval forces.' " In O' Callahan v. Parker, however, the United States Supreme Court determined that while military status is still requisite to the attachment of military jurisdiction, it is not a sufficient basis in and of itself to warrant trial by a military tribunal. In a five to three decision authored by Justice Douglas, the Court held that in order for military …
Homicide And Succession To Property, William M. Mcgovern Jr.
Homicide And Succession To Property, William M. Mcgovern Jr.
Michigan Law Review
Today, most jurisdictions bar a killer from succeeding to his victim's property. The traditional rationale for that result is that a criminal should not be allowed to enrich himself by his crime. Assuming that this principle is sound, its application in individual cases often proves troublesome. What would happen, for example, if the crime were of a lesser degree than murder, and the killer had no intent to enrich himself? If the killer is barred, who should take what would have been his share under a will? Or, if the decedent and murderer held property jointly, should the killer forfeit …
Silving: Constituent Elements Of Crime, B. J. George Jr.
Silving: Constituent Elements Of Crime, B. J. George Jr.
Michigan Law Review
A Book Review of Constituent Elements of Crime by Helen Silving
Crime, The Public, And The Crime Commission: A Critical Review Of The Challenge Of Crime In A Free Society, Warren Lehman
Crime, The Public, And The Crime Commission: A Critical Review Of The Challenge Of Crime In A Free Society, Warren Lehman
Michigan Law Review
What is the appropriate set for the mind when it mulls the report of the President's Commission on Law Enforcement and the Administration of Justice? Should it be fine grind, as is the professor's when he asks a student in his first class in law school to state the case of Regina v. Dudley & Stephens? Or should the running wheel be raised from the bedstone, as is so often the case when the professor turns to review the work of a colleague? While the latter may have the appeal of habit, there are, I think, three important reasons …
Friendly & Goldfarb: Crime An Publicity: The Impact Of News On The Administration Of Justice, Francis C. Sullivan
Friendly & Goldfarb: Crime An Publicity: The Impact Of News On The Administration Of Justice, Francis C. Sullivan
Michigan Law Review
A Review of Crime and Publicity: The Impact of News on the Administration of Justice by Alfred Friendly and Ronald L. Goldfarb
Disposition Of The Irresponsible: Protection Following Commitment, Travis H. Lewin
Disposition Of The Irresponsible: Protection Following Commitment, Travis H. Lewin
Michigan Law Review
Each year more of our fellow citizens are involuntarily committed to a mental institution of one sort or another than are incarcerated for the commission of a crime. To those committed, the walls and barred windows of the hospital, as well as the treatment and mode of living, are probably not significantly different from those of a prison. This is particularly the case with those confined for treatment by court order or by some special statutory procedure following acquittal of a crime on grounds of insanity. Yet these mentally ill, even after perpetrating what would otherwise have been a criminal …
Bayne: Conscience, Obligation, And The Law, E. F. Roberts
Bayne: Conscience, Obligation, And The Law, E. F. Roberts
Michigan Law Review
A Review of Conscience, Obligation, and the Law by David Cowan Bayne
Contempt-Conduct Tending To Defeat The Effect Of Appeal Pending In Federal Circuit Court Held To Be Civil Contempt Even Though Not A Resistance To A Formal Court Order- Griffin V. County School Board, Michigan Law Review
Michigan Law Review
Appellants applied for an injunction in a federal district court in Virginia to prevent the Prince Edward County Board of Supervisors from paying out tuition grants to parents whose children attended private segregated schools. The district court refused to issue the injunction, and the appellants appealed. They asked to have their appeal accelerated, but, since the Court of Appeals for the Fourth Circuit was not then in session, the Chief Judge requested the Clerk of Court to ask the Board of Supervisors to stipulate that no tuition grants would be paid pending the appeal. The Board refused to make the …