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Articles 31 - 54 of 54
Full-Text Articles in Law Enforcement and Corrections
The Deterrent Effect Of The Death Penalty For Murder In Ohio: A Time-Series Analysis, William C. Bailey
The Deterrent Effect Of The Death Penalty For Murder In Ohio: A Time-Series Analysis, William C. Bailey
Cleveland State Law Review
One thing is abundantly clear from the analysis reported in this article: if Ohio is to reinstate capital punishment, its justification will have to be based upon grounds other than the deterrent effect of the death penalty for murder. Notwithstanding the opinion of some members of the United States Supreme Court, and possibly a majority of the Ohio House and Senate, the present analysis of Ohio's experience with capital punishment provides no justification for reinstating the death penalty as an effective means of dealing with the state's murder problem.
Due Process As A Management Tool In Schools And Prisons, Elisabeth T. Dreyfuss, Jane C. Knapp
Due Process As A Management Tool In Schools And Prisons, Elisabeth T. Dreyfuss, Jane C. Knapp
Cleveland State Law Review
This article will explore due process as an effective tool for the management of schools and prisons through a close scrutiny of the fourteenth amendment. The authors will attempt to identify emerging trends in case law and give special attention to Bell v. Wolfish, which may point to a new direction in due process analysis under the Burger Court. The purpose of this article is to propose radical reform of schools and prisons through the involvement of their populations and staffs in the rule-making process. Spawned by a firm belief that only through such democratic processes can the violence and …
The Decline Of The Rehabilitative Ideal In American Criminal Justice, Francis A. Allen
The Decline Of The Rehabilitative Ideal In American Criminal Justice, Francis A. Allen
Cleveland State Law Review
At this point I am going to advance a proposition. It is an analytic proposition, not an empirical statement, and relates to what characteristics a society must possess in order to maintain a flourishing rehabilitative ideal. Then I shall try to test that proposition by looking at two very different societies in which the rehabilitative ideal flourished. Finally, I shall ask whether those conditions are satisfied in modem America. My proposition is in two parts. First, you cannot have a flourishing rehabilitative ideal unless the society as a whole has a strong faith in the malleability of human behavior and …
Book Review, G. S. Friedman
Book Review, G. S. Friedman
Cleveland State Law Review
This entry reviews Prisons: Houses of Darkness by Leonard Orland. The book presents a short history on prisons and their development while also noting the major weaknesses of prisons today. Orland closes this text by suggesting possible reforms to the penal system. He writes that eliminating indeterminate sentences and capping sentences to five years would help to improve America's prison system.
Behavior Modification: Winners In The Game Of Life, Richard L. Aynes
Behavior Modification: Winners In The Game Of Life, Richard L. Aynes
Cleveland State Law Review
It is because the officials who administer the penal institutions are firmly committed to "behavior control" as a method of penological re-form that it is important to consider this "new approach" and all of its ramifications. It is to that end that this note will consider the extent and intensity of behavior control programs; the legal ramifications of such programs; and prospects for the future.
Police Liability For False Arrest Or Imprisonment, John M. Manos
Police Liability For False Arrest Or Imprisonment, John M. Manos
Cleveland State Law Review
It is difficult to arrive at a valid distinction between false arrest and false imprisonment. The two causes of action are practically indistinguishable. When there is a false arrest there is a false imprisonment, but in a false arrest detention is based on asserted legal authority to enforce the processes of the law. A false imprisonment can arise between private persons for a private end with no relevance to the administration of criminal law. Our primary concern here, of course, is solely with a detention under color of law. This article purports to describe the various situations in which an …
Police Liability For Invasion Of Privacy, Mildred Schad
Police Liability For Invasion Of Privacy, Mildred Schad
Cleveland State Law Review
No reasonable man would contend that there can be no valid invasion of privacy by police officers. But, just when do the rights of society accede to the privileges of the individual? Certain guides as to the reasonableness of a search have been determined. A search, without a search warrant, is lawful if it is incident to a lawful arrest and if the essential element of a lawful arrest, probable cause, exists.
Fourth Amendment Limitations On Eavesdropping And Wire-Tapping, David H. Hines
Fourth Amendment Limitations On Eavesdropping And Wire-Tapping, David H. Hines
Cleveland State Law Review
The subject of eavesdropping, wiretapping, and electronic surveillance has induced many legal writers to comment on the law and urge legislative changes.This paper will analyze the constitutional aspects of eavesdropping as well as the common law concerning eavesdropping as it exists today.
Liability Of Police Officers For Misuse Of Their Weapons, Herbert E. Greenston
Liability Of Police Officers For Misuse Of Their Weapons, Herbert E. Greenston
Cleveland State Law Review
The focus of this article is twofold: it will begin by examining the historical development of the body of law which deals with the liability of the police officer for the negligent use of his weapons, and it will attempt to consider the practical problems confronting the attorney for the injured plaintiff in marshalling his evidence and presenting his case.
Police Tort Liability For Defamation, John Maxey
Police Tort Liability For Defamation, John Maxey
Cleveland State Law Review
There are many communications an officer of the law makes during the discharge of his duty. Some of these statements are made to other officers, some to the public, some to prisoners, and some to those whose aid they are soliciting in the course of their duty. Many statements which an officer makes during a day would definitely be slanderous, except for a degree of privilege which is accorded to policemen.
Municipal Immunity In Police Torts, Carol F. Dakin
Municipal Immunity In Police Torts, Carol F. Dakin
Cleveland State Law Review
This article summarizes and analyzes municipal immunity from liability for torts committed by police officers. Despite the existence of a strong minority, the climate in the United States is not one in favor of the abrogation of the doctrine of governmental immunity in the near future. It should be hoped that in the states where the legislatures have failed to act, the courts will see it as their duty to overturn this anachronism, and that in the states where the courts have refused to part with the past, the legislatures will enact laws to abolish the doctrine. Until such changes …
Legal Aspects Of Police Radar, William K. Mccarter
Legal Aspects Of Police Radar, William K. Mccarter
Cleveland State Law Review
As a vehicle approaches the radar unit, it enters its operating zone or "zone of influence." The length and width of the zone depends on such factors as the strength of the signal and the transmittor height above the ground. The unit will record the speed of only one vehicle at a time, determined by the vehicle presenting the best target by reason of reflecting surface, position, or speed. Based on this, many courts have pointed out possible defenses to proof of speed by radar. One court has stated in its opinion there are many more defenses that can be …
Negligent Operation Of A Police Vehicle, Harvey S. Morrison
Negligent Operation Of A Police Vehicle, Harvey S. Morrison
Cleveland State Law Review
As a general rule a police officer on an emergency call is required to exercise the care which a reasonable, prudent man would exercise in the discharge of official duties of a like nature under like circumstances. Comparing this standard of care to that required of a civilian driver, one finds not that a lesser degree of care is required of the police officer but that the care exercised must be commensurate with the circumstances. The ordinary driver under ordinary circumstances uniformly has the duty to exercise ordinary care toward other travelers to avoid injury or property damage. The police …
A Sentencing Problem: How Far Is A Fall From Grace, H. H. A. Cooper
A Sentencing Problem: How Far Is A Fall From Grace, H. H. A. Cooper
Cleveland State Law Review
It is now almost universally accepted that there are three possible bases underlying sentences imposed by the Courts, following some breach of the criminal law. These are generally described as retribution, deterrence and reformation. Occasionally these qualities are considered in combination under some such title as the "aims of penal measures." Another factor, ever present in a vague though influential form, now seems to be emerging from the shadows to assume more definite shape. Yet to materialize is its relationship to the other established, uncontroverted aims. The emergent element may conveniently be termed "public disapproval," under which may be subsumed …
Nature Of The Problem Of Police Brutality, Robert J. Bowers
Nature Of The Problem Of Police Brutality, Robert J. Bowers
Cleveland State Law Review
To properly appraise the oft-bruited problem of police brutality, one should first consider how investigatory duties came to devolve upon the police in the United States.
Book Review, Rudolf H. Heimanson
Book Review, Rudolf H. Heimanson
Cleveland State Law Review
Reviewing Sol Rubin, The Law of Criminal Correction, West Pub. Co., 1963
Parole Revocation In Ohio, Robert L. Tuma
Parole Revocation In Ohio, Robert L. Tuma
Cleveland State Law Review
Can the Pardon and Parole Commission declare a paroled convict to be a parole violator before the expiration of the maximum period of his sentence without notice or hearing, according to t!he laws of Ohio and the Federal Constitution? Also, is such action by the Commission reviewable by habeas corpus proceedings, even though such convict is returned to an institution because of such action?
Police View Of The Intoxicant, Leo R. Collins
Police View Of The Intoxicant, Leo R. Collins
Cleveland State Law Review
Many law enforcement officers have found, on being subjected to cross-examination, that in their efforts to arrest an intoxicant they had failed to gather enough competent evidence illustrating the intoxicant's condition at the time of arrest. As a result of many "not guilty" verdicts, modern law enforcement agencies have progressed from the time when an officer would merely ask the subject to repeat a rhyme that the subject would find difficult to say if he were drunk, to modern methods where intoximeter or other machine tests, movies, and tape recordings are used to supplement the officer's report.
Parole Revocation In Ohio, Robert L. Tuma
Parole Revocation In Ohio, Robert L. Tuma
Cleveland State Law Review
Can the Pardon and Parole Commission declare a paroled convict to be a parole violator before the expiration of the maximum period of his sentence without notice or hearing, according to t!he laws of Ohio and the Federal Constitution? Also, is such action by the Commission reviewable by habeas corpus proceedings, even though such convict is returned to an institution because of such action?
Police View Of The Intoxicant, Leo R. Collins
Police View Of The Intoxicant, Leo R. Collins
Cleveland State Law Review
Many law enforcement officers have found, on being subjected to cross-examination, that in their efforts to arrest an intoxicant they had failed to gather enough competent evidence illustrating the intoxicant's condition at the time of arrest. As a result of many "not guilty" verdicts, modern law enforcement agencies have progressed from the time when an officer would merely ask the subject to repeat a rhyme that the subject would find difficult to say if he were drunk, to modern methods where intoximeter or other machine tests, movies, and tape recordings are used to supplement the officer's report.
Should Ohio Abolish Capital Punishment, Richard J. Goetz
Should Ohio Abolish Capital Punishment, Richard J. Goetz
Cleveland State Law Review
In view of all the controversy surrounding this topic, it is interesting to review the history of the death penalty in Ohio, in other states, and elsewhere in the world.
Two Views On The Federal Narcotics Law Problem: I - Suggestion To Facilitate Apprehension And Conviction Of Narcotic Law Violators, Sumner Canary
Two Views On The Federal Narcotics Law Problem: I - Suggestion To Facilitate Apprehension And Conviction Of Narcotic Law Violators, Sumner Canary
Cleveland State Law Review
There are three principal aspects to the enforcement of narcotic laws. They are: (1) the apprehension of the criminal; (2) the prosecution of the offender; and (3) the sentencing of a convicted offender. The United States Attorney is concerned primarily with the prosecution of cases which are prepared by other agencies and presented to him. For the most part, the prosecution of narcotic cases is relatively simple because there is little sympathy on the part of any juror for criminals of this type. Most narcotics come from foreign countries and come into the United States at seaports. Today most narcotics …
Probation And The Law, Angelo J. Gagliardo
Probation And The Law, Angelo J. Gagliardo
Cleveland State Law Review
Probation, the most modern concept in the administration of criminal justice, has been characterized as the correctional procedure and most worthy of a democracy because it recognizes basic human values. As such, it constitutes a democratic faith in the ability to the average offender to solve his difficulties within the framework of our democracy. While the aim of any probation system is to protect society, it has become apparent that society can best be protected by efforts which are aimed at conserving its human resources. Advances in the understanding of human behaviour and motivation have provided new and challenging principles …
Ex Parte Deprivation Of Telephone Service To Alleged Gamblers - Police Power Vs. Constitution, Jules L. Kaufman
Ex Parte Deprivation Of Telephone Service To Alleged Gamblers - Police Power Vs. Constitution, Jules L. Kaufman
Cleveland State Law Review
The question is still much in a state of flux as to whether or not such regulations as Ohio Public Utilities Commission, Order No. 22,305,and actions taken thereunder, constitute an unconstitutional denial of due process. The large majority of cases, many of which have been decided by public utilities commissions, however, uphold the right of the telephone company to discontinue service summarily at the request of a law enforcement agency without the necessity of any further proof of illegal use of the equipment. With respect to the burden of proof as regards the legality or illegality of use and the …