Law Enforcement and Corrections Commons^™

Salvaging Proportionate Prison Sentencing: A Reply To Rummel V. Estelle, Thomas F. Cavalier

University of Michigan Journal of Law Reform

Part I of this Note provides a capsule of the Court's holding in Rummel. Part II argues, contrary to Rummel, that precedential support can be mustered to support eighth amendment review of sentence length. Finally, part 11,1 discusses the continued viability of the proportionality test as a vehicle for assessing challenges to the length of imprisonment, and discounts the concerns voiced in Rummel regarding the difficulty of judicial review of legislative sentencing decisions.

Abscam, The Judiciary, And The Ethics Of Entrapment, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Part I of this Article surveys the development of the competing threads of entrapment theory. Part II shows how these theories were applied in the Abscam prosecutions. Part III turns to the predisposition test and demonstrates its analytical flaws and its ineffectiveness in restraining he improper use of inducements in undercover investigations. Part IV offers specific suggestions for a federal entrapment statute to remedy these defects. The statute allows an entrapment defense where the undercover techniques used fall outside a narrowly defined range of permissible conduct. If the government's conduct is permissible, the statute nevertheless requires the decision-maker to examine …

Criminal Law: Homicide, Ellen Y. Suni

Faculty Works

Substantive criminal law in Missouri has undergone substantial change in recent years. The most significant aspect of this change has been the adoption of the criminal code which discarded common law definitions of crime and redefined offenses in accord with the more modern Model Penal Code ap­proach. Although the code's drafters recommended major revision of the homicide statutes, these revisions were not ultimately adopted and the Mis­souri homicide statutes retained their common law approach. A combination of United States Supreme Court decisions, legislative activity and Missouri cases decided during the last decade, however, have led to important develop­ments in the …

Criminal Procedure, The Burger Court, And The Legacy Of The Warren Court, Jerold H. Israel

Book Chapters

During the 1960s, the Warren Court's decisions in the field of criminal procedure were strongly denounced by many prosecutors, police officers, and conservative politicians. Some of these critics were careful in their description of the Warren Court's record. Others let their strong opposition to several of the Court's more highly publicized decisions destroy their perception of the Court's work as a whole.

A Dissent From The Miranda Dissents: Some Comments On The 'New' Fifth Amendment And The Old 'Voluntariness' Test, Yale Kamisar

Book Chapters

If the several conferences and workshops (and many lunch conversations) on police interrogation and confessions in which I have participated this past summer are any indication, Miranda v. Arizona has evoked much anger and spread much sorrow among judges, lawyers and professors. In the months and years ahead, such reaction is likely to be translated into microscopic analyses and relentless, probing criticism of the majority opinion. During this period of agonizing appraisal and reappraisal, I think it important that various assumptions and assertions in the dissenting opinions do not escape attention.

Assaults On The Exclusionary Rule: Good Faith Limitations And Damage Remedies, Pierre J. Schlag

Publications

No abstract provided.

Survey Of Developments In The Fourth Circuit: 1980

West Virginia Law Review

No abstract provided.

Commentary: Rummel V. Estelle: Mockingbirds Among The Brethren, Kenneth Lasson

All Faculty Scholarship

In this commentary Professor Lasson discusses the Supreme Court's decision in Rummel v. Estelle and reveals a poignant personal memorandum that reflects the analysis of human values necessarily performed by whichever Justice cast the deciding vote.

In Memory Of Monrad G. Paulsen, Walter J. Wadlington

Cardozo Law Review

No abstract provided.

A Review Of Prisoners' Rights Under The First, Fifth, And Eighth Amendments, Judith Ann Mackarey

Duquesne Law Review

No abstract provided.

Constitutional Law - Sixth Amendment - Waiver Of The Right To Counsel, Anthony M. Bittner

Duquesne Law Review

The Supreme Court of the United States has held that an explicit statement of waiver is not necessary to support a finding that a defendant waived the right to remain silent or the right to counsel guaranteed by

Miranda v. Arizona. North Carolina v. Butler, 441 U.S. 369 (1979).

Bolding V. Holshauser: What Remedy For Violation Of Prisoner's Eighth Amendment Rights, Marjorie Seiferheld

North Carolina Central Law Review

No abstract provided.

Waiver Under The West Virginia Habeas Corpus Act, Gene R. Nichol Jr.

West Virginia Law Review

No abstract provided.

Constitutional Law - Parole Revocation Hearings - Due Process Does Not Require That Federal Parolee Subsequently Convicted And Incarcerated For State Offense Be Given Immediate Parole Revocation Hearing, Charles F. Weyl

Villanova Law Review (1956 - )

No abstract provided.

"To Decide The Case At Hand": Benjamin N. Cardozo, Monrad G. Paulsen

Cardozo Law Review

No abstract provided.

Due Process And Parole Revocation, Michigan Law Review

Michigan Law Review

In Morrissey, the Court set the level of due process needed in parole revocations. Specifically, it held that the parolee facing •revocation has a right (a) to receive written notice of the claimed parole violations; (b) to hear the evidence against him; (c) to be heard in person and to present witnesses and documentary evidence; (d) to confront and cross-examine adverse witnesses (unless the hearing officer specifically finds good cause for not allowing the confrontation); (e) to have a neutral and detached hearing body, members of which need not be judicial officers or lawyers; and (f) to be given …

Withdrawal Of Rights And Due Deference: The New Hands Off Policy In Correctional Litigation, Mark Berger

Faculty Works

No abstract provided.

Federalism, State Prison Reform, And Evolving Standards Of Human Decency: On Guessing, Stressing, And Redressing Constitutional Rights, Ira P. Robbins

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Prison Reform In The Federal Courts, Rebecca P. Dick

Buffalo Law Review

No abstract provided.

Juvenile Curfew Ordinances And The Constitution, Michigan Law Review

Michigan Law Review

Recognizing that a legislature must decide whether to enact a juvenile curfew without the benefit of conclusive data on the effectiveness of such laws, the remainder of this Note will focus primarily upon the constitutional issues raised by such ordinances. The freedom of movement that is limited by a curfew is, it will be argued, an unenumerated right protected by the ninth and fourteenth amendments. The constitutional rights of juveniles, however, -are not necessarily coextensive with those of adults. Certain characteristics of juveniles-in particular, their lesser capacity for reason and self-control-imply that the strength of their right to freedom of …

Punitive Conditions Of Prison Confinement: An Analysis Of Pugh V. Locke And Federal Court Supervision Of State Penal Administration Under The Eighth Amendment, Ira P. Robbins, Michael B. Buser

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Potentiality Of Incarceration: A Proposed Standard For The Applicability Of Miranda To Nonfelony Offenses, Mark J. Roberts

Indiana Law Journal

No abstract provided.

The Right Of Prisoner Access: Does Bounds Have Bounds?, Josephine R. Potuto

Indiana Law Journal

No abstract provided.

The Supreme Court And The Constitutional Rights Of Prisoners: A Reappraisal, Emily Calhoun

Publications

No abstract provided.

Due Process And The Parole Release Decision, Donna Chu

Kentucky Law Journal

No abstract provided.

A New Perspective In Prisoners' Rights: The Right To Refuse Treatment And Rehabilitation, 10 J. Marshall J. Prac. & Proc. 173 (1976), Marc D. Ginsberg

UIC Law Review

No abstract provided.

A Constitutional Analysis Of Indiana's "Fleeing A Police Officer" Statute, Jane Mallor

Indiana Law Journal

No abstract provided.

The Eighth Amendment, Beccaria, And The Enlightenment: An Historical Justification For The Weems V. United States Excessive Punishment Doctrine, Deborah A. Schwartz, Jay Wishingrad

Buffalo Law Review

No abstract provided.

Criminal Procedure--Recidivism--Constitutionality Of The West Virginia Recidivist Statute, Cynthia L. Turco

West Virginia Law Review

No abstract provided.

Parole Revocation And The Right To Counsel, Paul W. Grimm

Faculty Scholarship

No abstract provided.