Law and Society Commons^™

Deterrence, Death, And The Victims Of Crime: A Common Sense Approach, Frank G. Carrington

Vanderbilt Law Review

The concept of deterrence is one of the most important in the formulations of the victim advocate, primarily because of two essential premises that underlie the entire field of victim advocacy.The first, but not necessarily the most important, of these premises concerns the policy that favors assuaging the plight of persons after they have been victimized. This relief can be provided in a number of different ways: compensation to innocent victims from the states; restitution to victims as a condition of granting probation to the criminal; victim counselling; and victim/witness assistance programs.' The second premise of victim advocacy, namely,preventing victimization …

Youth Crime And Urban Policy: A View From The Inner City, Diana R. Gordon

Vanderbilt Law Review

One does not expect to be mesmerized by a book entitled Youth Crime and Urban Policy: A View from the Inner City. Yet this volume, compiled from the proceedings of a May 1980 conference sponsored by the American Enterprise Institute for Public Policy Research (AEI) proves to be a powerful testament to the plight of the dweller in America's crime-plagued inner-city neighborhoods. Because Robert Woodson has edited the comments of the conference's participants with a light hand, the book gives the reader the power of voices from the street-voices of people who are trying daily to stem the tide of …

Desert And Deterrence: An Assessment Of The Moral Bases Of The Case For Capital Punishment, Richard O. Lempert

Michigan Law Review

The controversy over the death penalty has generated arguments of two types. The first argument appeals to moral intuitions; the second concerns deterrence. Although both types of argument speak to the morality of systems of capital punishment, the first debate has been dominated by moral philosophers and the second by empirical social scientists. For convenience I shall at times refer to the approach of the moral philosophers as the moral case for (or against) capital punishment or as the argument from morality.

Social Research And The Use Of Medieval Criminal Records, Edward Powell

Michigan Law Review

A Review of Society and Homicide in Thirteenth-Century England by James Buchanan Given, and Crime and Conflict in English Communities, 1300-1348 by Barbara A. Hanawalt

The Inauguration Of Criminology Annuals, David F. Greenberg

Michigan Law Review

A Review of Crime and Justice: An Annual Review of Research, vol. 1 edited by Norval Morris and Michael Tonry, and Criminology Review Yearbook, Vol. 2 edited by Egon Bittner and Sheldon L. Messinger

Two Theories Of Criminal Justice, Alsen D. Miller

Michigan Law Review

A Review of A Theory of Criminal Justice by Jan Gorecki, and A Theory of Criminal Justice by Hyman Gross

The Gulag Archipelago: Implications For American Criminal Justice, Ira P. Robbins

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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

Controlling Firearms, John Kaplan

Cleveland State Law Review

One may ask why I am beginning a lecture entitled "Controlling Firearms" with analogies between drugs and alcohol. The reason is simple: I propose to draw an analogy between drugs and firearms. Part of the reason for this is that I have worked in the drug area for over a decade while my interest in guns is much more recent. In addition, the similarities in the way we discourse about drug control and about firearms control are striking. Finally, and most important, the issues with which we grapple in the drug control area may, on examination, turn out to be …

Comment: Southern Violence-Regional Problem Or National Nemesis?: Legal Attitudes Toward Southern Homicide In Historical Perspective, Dennis R. Nolan

Vanderbilt Law Review

The preceding pages should indicate that Southern Violence is a disappointment to those of us whose expectations had been raised by Professor Brown's earlier works and to those who are interested in his stated topic. It is a thoroughly unfocused, loose collection of facts and incidents that will interest only those with a curiosity about Alabama's Chief Justice Stone or the Texas law of self-defense. The paper does contain several seeds of thought that might,if given adequate attention, grow into testable hypotheses. Those hypotheses will be hard to evaluate, but they are of immense importance because they concern the fundamental …

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 …

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 …

Book Reviews, Frank J. Remington, George B. Tindall

Vanderbilt Law Review

Fair and Certain Punishment

Review by Frank J. Remington

Punishing Criminals. By Ernest van den Haag. New York: BasicBooks, Inc., 1975. Thinking About Crime. By James Q. Wilson. New York: BasicBooks, Inc., 1975.

Times change. So also do opinions about important social problems such as crime and government's response to crime. The books of both van den Haag and Wilson reflect changing opinions on crime and on what to do about crime. Both urge that we abandon the view that social conditions are an important cause of crime and that an improvement in social conditions will reduce crime substantially.Both urge …

Bail In Missouri Revisited, Mark Berger

Faculty Works

During the early part of the 1960's, interest in the civil rights movement generated concern over the inequities of bail administration. In the latter part of the decade the same problems were revealed in major studies of the nation's criminal justice system. Contributions to the legal literature in this period, encompassing statistical and evaluative studies as well as academic analysis, helped to focus further attention on bail. Moreover, a major effort was undertaken by the United States Department of Justice to promote the sharing of bail program information and ideas. There are signs, however, that some of the earlier interest …

Some Determinants Of The Method Of Case Disposition: Decision-Making By Public Defenders In Los Angeles, Lynn M. Mather

Journal Articles

No abstract provided.

The Reincarnation Of The Death Penalty: Is It Possible?, Yale Kamisar

Articles

Fifty years ago Clarence Darrow, probably the greatest criminal defense lawyer in American history and a leading opponent of capital punishment, observed: The question of capital punishment has been the subject of endless discussion and will probably never be settled so long as men believe in punishment. Some states have abolished and then reinstated it; some have enjoyed capital punishment for long periods of time and finally prohibited the use of it. The reasons why it cannot be settled are plain. There is first of all no agreement as to the objects of punishment. Next there is no way to …

Book Review, John H. Davidson Jr.

North Carolina Central Law Review

No abstract provided.

Plea Bargaining: A Model Court Rule, Kenneth A. Kraus

University of Michigan Journal of Law Reform

It is not the purpose of this note to discuss the justification for the plea bargaining process, for it is clear that this system will of necessity be continued in the foreseeable future. Instead, this analysis is designed first to present the functional role, constitutional status and existing abuses in the plea bargaining process, and then to discuss the goals and the proposed standards relevant to reform of the present plea bargaining procedures. The culmination of this analysis is the proposed Model Court Rule for Plea Agreements in part III.

Book Reviews, Maurice H. Merrill, Tom C. Clark, Anthony Platt

Vanderbilt Law Review

Discretionary Justice: A Preliminary Inquiry

By Kenneth Culp Davis Baton Rouge: Louisiana State University Press. 1969. Pp. xii,233. $8.50

reviewer: Maurice H. Merrill

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Gambling and Organized Crime

By Rufus King Washington:Public Affairs Press, 1969. Pp. viii, 239. $6.00

reviewer: Tom C. Clark

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The Throwaway Children

By Lisa Aversa Richette New York:J.B. Lippincott, 1969. Pp. x, 342. $6.95

reviewer: Anthony Platt

Law And Anarchy, Sidney Hook

University of Richmond Law Review

I wish to consider certain views and attitudes about law and government that seem widely held today, that encourage contempt for law and at least indirectly bear on current political behavior.

Is Violence An "American" Nightmare?, Morris D. Forkosch

Georgia Law Review

HAVE civil disobedience and violence of all kinds in the United States crested, so that a decline appears in the offing? Does the mood of the country's college presidents and deans, that they can now deal with the student upheavals of the past few years, truly reflect not only their own campus situations but also the general picture in this country? Or is this mood a chimera: is optimism unfounded and continued violence to be expected because Western democracy was molded by violence, the United States was founded in violence, and man is by nature a violent creature? And even …

The News And The Accused, Lawrence W. Schad

University of Michigan Journal of Law Reform

The author believes that the Reardon Standards, if implemented, would provide an effective solution to the problem of prejudicial information, and that this potential can be best realized through adoption and enforcement of the Standards by the courts. This conclusion is based upon analysis of the following issues: (1) The nature of the problem, including an examination of (a) the nature of prejudicial information, (b) those who create the problem either by initially releasing or subsequently disseminating such information, and (c) the related effect of courtroom procedure upon the impact of such information. An analysis of these issues suggests …

Theory And Application Of Roscoe Pound's Sociological Jurisprudence: Crime Prevention Or Control?, Louis H. Masotti, Michael A. Weinstein

University of Michigan Journal of Law Reform

The current interest in reforming the administration of justice has been triggered by a number of factors including the 1967 report of the President's Commission on Law Enforcement and the Administration of Justice and the treatment afforded arrestees during the civil disorders of the past few years. The nation is alarmed at the reported annual increases in crime, and this alarm was manifested in the 1968 presidential election when "law and order" became a major issue. Superficially the answer may seem clear: more effective enforcement of the law and, when necessary, more stringent laws. The critical issue, however, is a …

Short-Term Rehabilitation And Crim Prevention, Jon C. Mackay

University of Michigan Journal of Law Reform

Any program designed to reduce the rate of recidivism in the United States must be viewed as a valuable tool of crime prevention. It can be safely said that at least two-thirds of the crimes committed every year are committed by recidivists, for over the past decade approximately fifty to sixty per cent of all offenders have become repeaters. Thus the elimination of the recidivist in our society would result in a minimum reduction of thirty-three per cent in the number of crimes committed over a given period of time. The task of eliminating recidivism has been left to the …

Driver Behavior And Legal Sanctions: A Study Of Deterrence, Roger C. Cramton

Cornell Law Faculty Publications

What are the consequences of the application of legal sanctions? How can these consequences be determined? This Article attempts to explore these questions in the limited field of highway safety, examining the available evidence and indicating areas where further investigation is essential. Although conclusions with respect to the general deterrent effect of traffic laws do not emerge, the parameters of the problem are defined and plausible hypotheses suggested.

The Problem Of The Drinking Driver, Roger C. Cramton

Cornell Law Faculty Publications

Everyone talks about the drinking driver, and everyone thinks he knows what to do about him. But, Professor Cramton says, the scientifically reliable knowledge we now are acquiring indicates that our legal approaches of deterrence and punishment fail to strike at the heart of the problem and are ineffective. He offers some suggestions for a new course.

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

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

Notes For Law Day Speech, Lewis F. Powell Jr.

Powell Speeches

Speech delivered at Richmond Kiwanis Club, Richmond, Virginia.

Silverstein: Defense Of The Poor In Criminal Cases In American State Courts, John F. Grady

Michigan Law Review

A Review of Defense of the Poor in Criminal Cases in American State Courts by Lee Silverstein