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Articles 1471 - 1500 of 1608

Full-Text Articles in Law Enforcement and Corrections

Crime, Punishment And Responsibility, T. Brian Hogan Jan 1979

Crime, Punishment And Responsibility, T. Brian Hogan

Villanova Law Review (1956 - )

No abstract provided.


The Repressed Issues Of Sentencing: Accountability, Predictability, And Equality In The Era Of The Sentencing Commission, John C. Coffee Jr. Jan 1978

The Repressed Issues Of Sentencing: Accountability, Predictability, And Equality In The Era Of The Sentencing Commission, John C. Coffee Jr.

Faculty Scholarship

The existence of disparities in the sentences imposed on equally culpable offenders has long been a subject of jurisprudential concern. The author provides a critique of recent efforts to objectify the sentencing process that rely on a matrix table prescribing guideline sentence lengths on the basis of offense severity and predictions of recidivism. With particular emphasis on the Sentencing Commission authorized by pending federal legislation, he urges the need for political accountability in the body that inevitably makes value judgments in the preparation and administration of such a guideline system. Finally, the author discusses the normative issues that surround the …


". . . We Are The Living Proof . . . ", Frederic L. Faust Oct 1976

". . . We Are The Living Proof . . . ", Frederic L. Faust

Florida State University Law Review

By David Fogel. Cincinnati, Ohio: The W. H. Anderson Co. 1975. Pp. xxi, 328. $9.50.


An Historical Analysis Of Mandatory Capital Punishment, James T. Bryan Iii Apr 1976

An Historical Analysis Of Mandatory Capital Punishment, James T. Bryan Iii

North Carolina Central Law Review

No abstract provided.


Due Process In Parole Granting: A Current Assessment, 10 J. Marshall J. Prac. & Proc. 93 (1976), Frank S. Merritt Jan 1976

Due Process In Parole Granting: A Current Assessment, 10 J. Marshall J. Prac. & Proc. 93 (1976), Frank S. Merritt

UIC Law Review

No abstract provided.


Comment On Structure And Theory, Jerome Hall Jan 1976

Comment On Structure And Theory, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


Criminal Redistribution Of Stolen Property: The Need For Law Reform, G. Robert Blakey, Michael Goldsmith Jan 1976

Criminal Redistribution Of Stolen Property: The Need For Law Reform, G. Robert Blakey, Michael Goldsmith

Journal Articles

The development of sophisticated fencing systems for the sale of stolen property to consumers has paralleled the industrialization of society. Although crimes against property and attempts to control them have ancient origins, most theft before the Industrial Revolution was committed for immediate consumption by the thieves and their accomplices rather than for redistribution in the market-place. Society's small population, inadequate transportation and communication systems, and technological inability to mass produce identical goods constrained large-scale fencing because there were few buyers and because stolen property could be readily identified. The unprecedented economic and demographic growth in eighteenth-century Europe, however, removed these …


The Street Perspective: A Conversation With The Police, Patrick L. Baude Oct 1975

The Street Perspective: A Conversation With The Police, Patrick L. Baude

IUSTITIA

Professor Baude's purpose in this discussion is to elicit police officers' comments on what members of the legal profession ought to know about the influence of the "street perspective" in shaping those officers' attitudes towards the criminal justice system and the role they play in it. It is police insistence on the broad validity of insights which only "the street" can provide that accounts for the considerable gulf between "front-line" enforcement officers and other functionaries in (and students of) that system. Law students (and no doubt lawyers) seem uncomfortable with the notion that our system cannot adequately be understood without …


The Systems Approach To Criminal Justice Administration, John Hartje Oct 1975

The Systems Approach To Criminal Justice Administration, John Hartje

Buffalo Law Review

No abstract provided.


Parole Revocation In North Carolina: The Arrest Of A Parole Violator, Robert J. Robbins Jr. Apr 1975

Parole Revocation In North Carolina: The Arrest Of A Parole Violator, Robert J. Robbins Jr.

North Carolina Central Law Review

No abstract provided.


The Law And Legal Impact Of Contraceptive Use By Minors In North Carolina, Donald M. Wright Apr 1975

The Law And Legal Impact Of Contraceptive Use By Minors In North Carolina, Donald M. Wright

North Carolina Central Law Review

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 Apr 1975

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.


The North Carolina Penal System: Needed Reform, Charles E. Vickery Apr 1975

The North Carolina Penal System: Needed Reform, Charles E. Vickery

North Carolina Central Law Review

No abstract provided.


Criminal Procedure--Recidivism--Constitutionality Of The West Virginia Recidivist Statute, Cynthia L. Turco Feb 1975

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

West Virginia Law Review

No abstract provided.


Standards For Accepting Guilty Pleas To Misdemeanor Charges, Richard A. Kopek Jan 1975

Standards For Accepting Guilty Pleas To Misdemeanor Charges, Richard A. Kopek

University of Michigan Journal of Law Reform

The guilty plea-not the trial-is the most common manner of disposing of criminal cases in America. It has been estimated that 90 percent of all convictions and 95 percent of misdemeanor convictions are the result of guilty pleas. Various reasons have been advanced to explain this heavy reliance on the guilty plea. For example, it avoids the drain on judicial resources that would occur if all cases had to be tried. In addition, it eliminates the risks and uncertainties of trials and permits flexibility in sentencing. Because of the prevalence of guilty pleas, there must be procedural safeguards to insure …


The Future Of Sentencing Reform: Emerging Legal Issues In The Individualization Of Justice, John C. Coffee Jr. Jan 1975

The Future Of Sentencing Reform: Emerging Legal Issues In The Individualization Of Justice, John C. Coffee Jr.

Faculty Scholarship

The dilemma of the American sentencing judge is qualitatively unique. Because our system of criminal justice has embraced to a degree unequaled elsewhere the rehabilitative ideal that punishment should fit not the crime, but the particular criminal, the sentencing judge must labor to fulfill the dual and sometimes conflicting roles of judge and clinician. Entrusted with enormous discretion, he is expected to "individualize" the sentence he imposes to suit the character, social history, and potential for recidivism of the offender before him. Yet, because of the general absence in our Sentencing Reform system of meaningful procedures for the appellate review …


Parole Revocation And The Right To Counsel, Paul W. Grimm Jan 1975

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

Faculty Scholarship

No abstract provided.


State V. Dix: Common Law Kidnapping Requires A Substantial Asportation And An Increased Risk Of Harm, North Carolina Central Law Review Oct 1974

State V. Dix: Common Law Kidnapping Requires A Substantial Asportation And An Increased Risk Of Harm, North Carolina Central Law Review

North Carolina Central Law Review

No abstract provided.


Realistic Preparation For Life Outside Prison, Terry M. Luce Apr 1974

Realistic Preparation For Life Outside Prison, Terry M. Luce

North Carolina Central Law Review

No abstract provided.


Elevation Of Entrapment To A Constitutional Defense, Robert H. Thomson Iii Jan 1974

Elevation Of Entrapment To A Constitutional Defense, Robert H. Thomson Iii

University of Michigan Journal of Law Reform

The issue of entrapment arises initially as a defense when a person is accused of committing a criminal act in which government agents solicited, and perhaps actively participated in, the conduct for which the defendant stands accused. Classic entrapment situations occur when law enforcement officers, through agents or informers, solicit an illegal transaction, such as the sale of contraband. The evidence thereby obtained is used to support the prosecution of the individual accepting the solicitation. Solicitation is an important technique of law enforcement because evidence of illegal transactions is often impossible to obtain by other methods. Certain uses of solicitation …


Sentencing: The Probation Officer, James Lowenthal Oct 1973

Sentencing: The Probation Officer, James Lowenthal

IUSTITIA

Sentencing offenders of the criminal law is a widely diverse and complex problem. Few guidelines are available for those upon whom the task has been thrust. Depending upon the jurisdiction, various parties are responsible for sentence determination: juries, administrative agencies, legislatures, and judges. Most jurisdictions, however, require the judge to make the final determination.' To aid in this determination, many jurisdictions, including federal district courts, require or permit judges to consider a presentence investigation report prepared by a professional probation officer. The use of these reports and recommendations are generally limited to felony cases or to specific crimes where probation …


Corrections Law—Right To Counsel At Preliminary Parole Revocation Hearings In New York State To Be Determined By The Parole Board On Case-By-Case Basis., Peggy Rabkin Oct 1973

Corrections Law—Right To Counsel At Preliminary Parole Revocation Hearings In New York State To Be Determined By The Parole Board On Case-By-Case Basis., Peggy Rabkin

Buffalo Law Review

People ex rel. Galloway v. Skinner, 33 N.Y.2d 23, 300 N.E.2d 716, 347 N.Y.S.2d 178 (1973).


Perennial Problems Of Criminal Law, Jerome Hall Jan 1973

Perennial Problems Of Criminal Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


Criminal Law—Court Orders Broad Relief To Inmates Throughout The Virginia Penal System Where Constitutional Rights Have Been Violated., Arthur H. Ackerhalt Oct 1972

Criminal Law—Court Orders Broad Relief To Inmates Throughout The Virginia Penal System Where Constitutional Rights Have Been Violated., Arthur H. Ackerhalt

Buffalo Law Review

Landman v. Royster, 333 F. Supp. 621 (E.D. Va. 1971).


Prison Crisis Litigation: Problems And Suggestions, William E. Hellerstein, Barbara A. Shapiro Apr 1972

Prison Crisis Litigation: Problems And Suggestions, William E. Hellerstein, Barbara A. Shapiro

Buffalo Law Review

No abstract provided.


Privacy, Autonomy, And Dignity In The Prison: A Preliminary Inquiry Concerning Constitutional Aspects Of The Degradation Process In Our Prisons, Richard G. Singer Apr 1972

Privacy, Autonomy, And Dignity In The Prison: A Preliminary Inquiry Concerning Constitutional Aspects Of The Degradation Process In Our Prisons, Richard G. Singer

Buffalo Law Review

No abstract provided.


Prediction Of Criminal Conduct And Preventive Confinement Of Convicted Persons, Andrew Von Hirsch Apr 1972

Prediction Of Criminal Conduct And Preventive Confinement Of Convicted Persons, Andrew Von Hirsch

Buffalo Law Review

No abstract provided.


Prisons—State Must Devise System Ensuring Indigent Prisoner's Meaningful Access To The Courts, Robert E. White Apr 1972

Prisons—State Must Devise System Ensuring Indigent Prisoner's Meaningful Access To The Courts, Robert E. White

Buffalo Law Review

Gilmore v. Lynch, 319 F. Supp. 105 (N.D. Cal. 1970), aff'd sub nom. Younger v. Gilmore, 92 S. Ct. 250 (1971).


The Discovery Of Prison Reform, Fred Cohen Apr 1972

The Discovery Of Prison Reform, Fred Cohen

Buffalo Law Review

No abstract provided.


Incarcerating The Innocent: Pretrial Detention In Our Nation's Jails, Mike Place, David A. Sands Apr 1972

Incarcerating The Innocent: Pretrial Detention In Our Nation's Jails, Mike Place, David A. Sands

Buffalo Law Review

No abstract provided.