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Articles 31 - 54 of 54
Full-Text Articles in Law Enforcement and Corrections
Citizen's Arrest Or Police Arrest? Defining The Scope Of Alaska's Delegated Citizen's Arrest Doctrine, Lael Harrison
Citizen's Arrest Or Police Arrest? Defining The Scope Of Alaska's Delegated Citizen's Arrest Doctrine, Lael Harrison
Washington Law Review
When a citizen witnesses the commission of a misdemeanor, Alaska law allows that citizen to arrest the offender on the spot. A citizen making such an arrest may request assistance from a police officer rather than physically subduing the offender alone. However, Alaska law does not clearly define how much assistance police may give before the citizen's arrest becomes a warrantless police arrest. That distinction is particularly important in misdemeanor arrests because Alaska follows the common law rule that citizens and officers may make warrantless misdemeanor arrests only for those misdemeanors committed in their presence. Officers may not make warrantless …
Private Rap Sheet Or Public Record? Reconciling The Disclosure Of Nonconviction Information Under Washington's Public Disclosure And Criminal Records Privacy Acts, Lynette Meachum
Washington Law Review
Division I of the Washington State Court of Appeals misapplies Washington's Criminal Records Privacy Act (CRPA) in determining whether entire files of police investigative information should be available for public review. The plain text and legislative history of the CRPA indicate that the Washington State Legislature intended the CRPA to apply only to the disclosure of criminal history record information, or the data that appears on a subject's criminal rap sheet. Washington courts should interpret the CRPA narrowly, as an exemption to the broad policy of disclosure established by the state's Public Disclosure Act (PDA). This approach would reconcile the …
Unpacking New Policing: Confessions Of A Former Neighborhood District Attorney, Alafair S. Burke
Unpacking New Policing: Confessions Of A Former Neighborhood District Attorney, Alafair S. Burke
Washington Law Review
This Article attempts to reframe a burgeoning scholarly debate about the appropriateness of neighborhood self-governance as both a means to local crime control and a normatively worthy end in itself. On one side of the existing debate stands an emerging and influential group of "new discretion" scholars, who defend the delegation of discretion to police officers attempting to enforce social norms that are often ambiguous. These scholars argue that the support and involvement of so-called "communities" in such law enforcement efforts can be an adequate substitute for traditional judicial scrutiny of police discretion, particularly the prohibition against vague criminal laws. …
Self-Incrimination, Compulsion, And The Undercover Agent—Illinois V. Perkins, 110 S. Ct. 2394 (1990), Kathryn Young-Sook Kim
Self-Incrimination, Compulsion, And The Undercover Agent—Illinois V. Perkins, 110 S. Ct. 2394 (1990), Kathryn Young-Sook Kim
Washington Law Review
As a rule, police officers must advise suspects held in custody of their rights before interrogating them. In Illinois v. Perkins, the Supreme Court created an undercover agent exception to this rule. The Perkins Court concluded that the rule does not apply because undercover interrogations do not compel criminal defendants to incriminate themselves. This Note examines the impact of the Perkins exception and concludes that the rule should apply even when undercover agents conduct the inherently compelling custodial interrogation.
Search And Seizure, Third-Part Consent: Rethinking Police Conduct And The Fourth Amendment, Gregory S. Fisher
Search And Seizure, Third-Part Consent: Rethinking Police Conduct And The Fourth Amendment, Gregory S. Fisher
Washington Law Review
Two recent decisions offer different approaches for assessing police conduct in third-party consent cases. In Illinois v. Rodriguez the United States Supreme Court held that police may rely on third parties' apparent authority to consent to a search so long as police reasonably believe in third parties' authority. In State v. Leach, the Supreme Court of Washington held that police cannot rely on third parties' consent when defendants are present and able to object, even if defendants did not object to the search. This Comment argues that courts should focus on police conduct, rather than on defendants' presence or on …
The Application Of Section 504 Of The Rehabilitation Act To The Segregation Of Hiv-Positive Inmates, Ayesha Khan
The Application Of Section 504 Of The Rehabilitation Act To The Segregation Of Hiv-Positive Inmates, Ayesha Khan
Washington Law Review
Acquired Immune Deficiency Syndrome has posed a formidable challenge to correctional administrators because of the perception that prisons and jails hold high concentrations of individuals at risk of developing the disease. Housing decisions are particularly difficult. Administrators often segregate inmates who have AIDS, ARC or asymptomatic HIV infection from the general prison population by housing them in a separate unit. This Article analyzes whether such a practice violates section 504 of the Rehabilitation Act, which forbids programs which receive federal financial assistance from discriminating against "otherwise qualified" handicapped persons. The analysis focuses on three issues: the epidemiology of HIV in …
Washington's Discretionary Immunity Doctrine And Negligent Early Release Decisions: Parole And Work Release, Marie Aglion
Washington's Discretionary Immunity Doctrine And Negligent Early Release Decisions: Parole And Work Release, Marie Aglion
Washington Law Review
The Washington Supreme Court has held the discretionary immunity doctrine to constitute a highly circumscribed exception to the rule of governmental liability. An analysis of Washington case law reveals that parole and work release determinations properly fall outside the pale of the exception. A negligent decision to place a sex or violent offender in a parole or work release program therefore should subject the state to liability. The Author proposes a negligence-based liability rule that would create incentives to due care on the part of state administrators responsible for parole and work release decisions without imposing an unreasonable burden on …
Protecting The Inmate's Right To Refuse Antipsychotic Drugs—Harper V. State, 110 Wash. 2d 873, 759 P.2d 358 (1988), Cert. Granted, 109 S. Ct. 1337 (1989), Amanda E. Lee
Washington Law Review
Antipsychotic drugs are used to treat mentally ill inmates in Washington prisons. Previously, inmates who refused drugs were entitled to an administrative hearing before involuntary treatment began. Harper v. State recognized a constitutional liberty interest in refusing antipsychotics, and established new measures, including a judicial hearing, notice, and appointed counsel, to protect the prisoner's interest. A due process analysis of the right to refuse demonstrates that the court's procedures may not go far enough to protect the inmate from unwanted treatment that cannot cure the mental illness and that may cause disabling side effects. Clearer definitions of state interests in …
The Stop And Frisk Doctrine In Washington And The Rise And Fall Of Independent State Constitutional Analysis, Kurt Walters
The Stop And Frisk Doctrine In Washington And The Rise And Fall Of Independent State Constitutional Analysis, Kurt Walters
Washington Law Review
As the United States Supreme Court expanded the scope and intensity limits of the stop and frisk doctrine, the Washington Supreme Court, in 1984, applied independent state constitutional analysis and held that article I, section 7 of the Washington State Constitution provides greater privacy protection in stop and frisk cases than the United States Constitution. Since then, however, the Washington court has abandoned its reliance on article I, section 7 in the stop and frisk context. This Comment examines this transition and concludes that the federal stop and frisk doctrine may not adequately protect fundamental privacy rights, and that the …
New Limits On Police Vehicle Searches In Washington—State V. Ringer, 100 Wn. 2d 686, 674 P.2d 1240 (1983), Miriam Metz
New Limits On Police Vehicle Searches In Washington—State V. Ringer, 100 Wn. 2d 686, 674 P.2d 1240 (1983), Miriam Metz
Washington Law Review
In State v. Ringer, the Washington Supreme Court announced two new constitutional rules for police searches and seizures. First, police arresting a suspect in a car may search the suspect and the area within the suspect's immediate control for weapons or evidence, but may not search the area beyond the arrestee's reach. Second, unless there are exigent circumstances that justify their dispensing with a warrant, police with probable cause to search a lawfully stopped vehicle must obtain a warrant before conducting a search. Various public officials and organizations have criticized Ringer, castigating the Washington Supreme Court for being soft on …
Symposium: Law And The Correctional Process In Washington. Editor's Note, Philip Talmadge
Symposium: Law And The Correctional Process In Washington. Editor's Note, Philip Talmadge
Washington Law Review
In recent months the Washington correctional system has come under aittack for failing to limit criminal activity by effectively deterring future offenders or successfully treating those offenders presently within the system. Responding to this public interest, this Symposium issue examines the adult correctional system, the jails, juvenile proceedings, and commitment procedures in Washington. The reader is provided with a step-by-step explanation of these proceedings, and personal observations from those intimately involved with corrections are also included to acquaint the reader with the thought processes of individuals implementing the correctional system. The Washington Law Review hopes that these materials will not …
Improving The Criminal Justice System: The Need For A Commitment, Donald J. Horowitz
Improving The Criminal Justice System: The Need For A Commitment, Donald J. Horowitz
Washington Law Review
Society asks a great deal of the criminal justice system. It asks for protection, punishment, rehabilitation, and humanity; it simultaneously asks that the system operate accurately, efficiently and fairly. Recently, societal concern has been sharply focused on the criminal justice system and most particularly on its correctional and sentencing aspects. The rising crime rate is blamed on the failure of the system to deal properly with offenders. This assumes too great a potency in the criminal justice system however; many other factors in society have a far greater impact on the incidence of crime and violence. The criminal justice system, …
A Rebuttal To The Attack On The Indeterminate Sentence, Sue Titus Reid
A Rebuttal To The Attack On The Indeterminate Sentence, Sue Titus Reid
Washington Law Review
As the preceding sentence indicates, the indeterminate sentence has recently come under attack. Although criticisms that should be considered seriously can be directed at the indeterminate sentence, the time for its abolition has not yet arrived. This article will discuss the history and treatment philosophy underlying the indeterminate sentence, but will not consider all the objections to the indeterminate sentence. Rather, the focus will be on the philosophical and practical problems of implementing the treatment philosophy. It will conclude that the system itself should not be viewed as solely responsible for its shortcomings because abuses of the system, as well …
Washington Jails: A Legislative Failure, Bob Free
Washington Jails: A Legislative Failure, Bob Free
Washington Law Review
This article will examine the present condition of Washington's jails and the existing statutes governing them. It concludes that the passage of comprehensive jail standards legislation is needed to protect the rights of the confined.
Juvenile Court: The Legal Process As A Rehabilitative Tool, Bobbe Jean Ellis
Juvenile Court: The Legal Process As A Rehabilitative Tool, Bobbe Jean Ellis
Washington Law Review
The author's study, reported in this comment, had two objectives. First, it attempted to determine whether a juvenile's experience with the traditional sociological model or with the legal due process model is more likely to motivate him to feel positively toward the legal system. Second, this study attempted to measure the attitudes of the professionals in the juvenile system (judges, attorneys, and caseworkers) toward the two models. The results of the study, although not all were statistically significant, indicated that although the professionals favored the traditional sociological model, the use of the legal-due process model was more likely to result …
Prisoners' Right Of Access To Courts: Planning For Legal Aid, Geoffrey P. Alpert
Prisoners' Right Of Access To Courts: Planning For Legal Aid, Geoffrey P. Alpert
Washington Law Review
The civil rights movement has reached into prisons and jails, directing public attention to the fact that prisoners are also beneficiaries of the rights and privileges that the Constitution extends to all citizens. After a discussion of the development of prisoners' rights, this article will survey the major cases establishing prisoners' rights of access to courts and legal assistance. It will summarize previous research dealing with prisoners and their legal problems on a national scale, and extend that research by presenting the findings of a recent research project conducted in the Washington State prison system evaluating the legal needs of …
The Board Of Prison Terms And Paroles: Criteria In Decision Making, George W. Johnson
The Board Of Prison Terms And Paroles: Criteria In Decision Making, George W. Johnson
Washington Law Review
The following is a summary of the mechanics of the Board's operation in the sentencing process, after which the policies underlying its decision-making process will be examined. The State of Washington has a modified indeterminate sentence structure. The maximum term for each felony is limited by statute and, if the arrestee is convicted, the court must impose a maximum term within the statutory guidelines. The minimum term is generally fixed by the Board. Neither the court-imposed maximum nor the Board-determined minimum actually indicates the length of time necessarily spent in prison, however, because Washington has a good time law which …
A Judge's Personal Perspective On Criminal Sentencing, Solie M. Ringold
A Judge's Personal Perspective On Criminal Sentencing, Solie M. Ringold
Washington Law Review
The imposition of sanctions on convicted offenders is a principal vehicle for accomplishing the goals of the criminal law. An appropriate sentencing disposition is as important to the integrity of our system of justice as is the just determination of guilt. Yet the problems, questions, frustrations and self-analysis involved in the sentencing process are complex and heavy burdens. Each judge required to impose a criminal sentence is faced with the difficult tasks of determining the future life of the individual before him or her, balancing the impact on the individual with the needs of society, and drawing the line between …
The Board Of Prison Terms And Paroles And Indeterminate Sentencing: A Critique, Jack Meyerson
The Board Of Prison Terms And Paroles And Indeterminate Sentencing: A Critique, Jack Meyerson
Washington Law Review
The Board of Prison Terms and Paroles is given the authority to release most felons from prison when it has determined that the prisoner has been rehabilitated, regardless of the length of time the prisoner has served. Rehabilitation usually consists of satisfactory participation in a formal prison program designed to change the person's criminal behavior into behavior which is more acceptable. The Board has, however, become a target of manipulation by prisoners who indicate outward compliance with rehabilitation procedures in order to be deemed "rehabilitated" and therefore released from prison prior to the expiration of their maximum sentences. In order …
A Perspective On Adult Corrections In Washington, Richard C.J. Kitto, Jr.
A Perspective On Adult Corrections In Washington, Richard C.J. Kitto, Jr.
Washington Law Review
Any proposals for reform of Washington's correctional process must be evaluated in the context of factual information concerning the present system. This comment will familiarize those interested in correctional issues with the legal and institutional framework of the Washington system. The first section of the comment describes the course of events experienced by an adult offender immediately after conviction of a felony, whether upon a guilty plea or by a verdict of guilty following a trial. It examines the probation decision, the sentencing process, the institutions, and the parole considerations for those offenders subject to the correctional system. The second …
Good Intentions Gone Awry—A Proposal For Fundamental Change In Criminal Sentencing, Christopher T. Bayley
Good Intentions Gone Awry—A Proposal For Fundamental Change In Criminal Sentencing, Christopher T. Bayley
Washington Law Review
This article will discuss the individual treatment model and analyze the fallacies of current sentencing practices and philosophies. Concluding that the treatment model is inappropriate because it fails to consider fundamental principles of justice and the purposes of the criminal law, it will offer an alternative proposal for sentencing that is not dependent on the theory of rehabilitation.
Removing The Stigma Of Arrest: The Courts, The Legislatures And Unconvicted Arrestees, William J. Leedom
Removing The Stigma Of Arrest: The Courts, The Legislatures And Unconvicted Arrestees, William J. Leedom
Washington Law Review
Society punishes criminal conduct by incarceration and moral condemnation. Prior to imposing sanctions for the commission of criminal acts, the accused must be proven guilty beyond a reasonable doubt in accordance with adequate procedural safeguards. Yet each year thousands of unconvicted arrestees are subjected to the same stigma which society imposes on those who are convicted because the records of all arrestees, whether convicted or not, are retained and disseminated by law enforcement agencies. This comment will first present the arrest record debate. The traditional justifications for the present system will be compared with those underlying the new approach to …
Police Discretion And Traffic Law Enforcement, Hayes Elder
Police Discretion And Traffic Law Enforcement, Hayes Elder
Washington Law Review
But, society, in its desire to secure our future safety on the highways, must not be driven by these alarming statistics to sacrifice personal freedoms. Although the first concern with traffic safety laws is to increase the motorist's chance for survival, these traffic laws, and the enforcement of them, create other problems that can undermine values fundamental to our society. This comment will discuss some of these problems, and shall suggest a possible course for our legislative bodies that may best effect greater traffic safety, and at the same time preserve the other values. For the sake of comprehension and …
Constitutionality Of A Search And Seizure, Without Warrant, Of An Automobile—Reasonable Cause—Anonymous Tips, Sherman R. Huffine
Constitutionality Of A Search And Seizure, Without Warrant, Of An Automobile—Reasonable Cause—Anonymous Tips, Sherman R. Huffine
Washington Law Review
Since the case of Carroll v. United States, it has become a generally recognized principle of law that an officer may make a search and seizure of an automobile without a warrant, provided that the officer has probable cause to make the search. The Fourth Amendment to the Constitution of the United States specifically is aimed to protect the people against "unreasonable searches and seizures." The Carroll case is based on the theory that if the other has probable cause the search of an automobile is not an unreasonable search. The distinction drawn is that while the warrant can easily …