Law Enforcement and Corrections Commons^™

Warrantless Investigative Seizures Of Real And Tangible Personal Property By Law Enforcement Officers, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.

Privatization Of Corrections: Is The State Out On A Limb When The Company Goes Bankrupt?, Cathy E. Holley

Vanderbilt Law Review

The incarceration of convicted criminals is an important matter to law enforcement officials and the public at large. Institutional correctional services consume significant governmental energy and resources. In 1983 corrections, including jails, prisons, probation, and parole, cost over 10.4 billion dollars. In 1985 approximately 503,000 people were imprisoned in federal and state correctional facilities.' The provision of prison services must occur on a continuous basis, and space must be available for every convicted criminal. As certain commentators have noted, "[o]ne cannot simply let offenders wait in line for an opening."'Historically, local, state, and federal government has overseen and operated our …

Law Enforcement And The Separation Of Powers, Gerard V. Bradley

Journal Articles

The underlying theory and internal coherence of separation of powers is examined. It is noted that the classic rationale for the separation of power is to prevent tyranny by placing execution of the laws in hands independent from those of the legislature. The author summarizes various opinions that contradict this rationale. For example, Synar stated that the legislature and the Executive were directly accountable to the people if they neglected interbranch checks between them. The separation of powers theory, which justifies the claimed enforcement prerogative, is examined from a constitutional perspective. The author also reports on the consequences of federalism. …

Review Of "The Limits Of Law Enforcement" By Hans Zeisel, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Freezing The Status Quo In Criminal Investigations: The Melting Of Probable Cause And Warrent Requirements, Fernand N. Dutile

Journal Articles

This article will trace the development of what can be called the "freezing the status quo" concept in the United States Supreme Court. That concept provides for intermediate level intrusions based on intermediate levels of justification, permitting law enforcement to isolate an event and exploit its opportunities for fruitful investigation. The article will begin with a discussion of two early cases which hinted at the Supreme Court's willingness to adopt the "freezing the status quo" doctrine as a means of justifying certain police activity in the absence of probable cause. Next, the Court's decisions in Terry v. Ohio and subsequent …

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

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 …

Protest: A Forensic Concept, L. Michael Kosanovich

IUSTITIA

Today's police administrators need administrative policy statements that can be easily followed by individual officers in reacting to civil disorders.' Historical analysis reveals a system in which the police have deepened racial divisions in the United States by failing to cope with problems in ghetto areas. Employing careless policies, sometimes initiated by the police chief and other times initiated by the individual officer, the police have shown weaknesses in two major areas. First, the police have no established procedures to follow when civil disturbances erupt. Second, the police have over-reacted to civil disturbances, apparently manifesting anti-black fury by means of …

The Collateral Consequences Of A Criminal Conviction, Thomas R. Mccoy, Walter Matthews Grant, John Lecornu, John Andrew Pickens, Dean Hill Rivkin, C. Roger Vinson

Vanderbilt Law Review

As a general matter [civil disability law] has simply not been rationally designed to accommodate the varied interests of society and the individual convicted person. There has been little effort to evaluate the whole system of disabilities and disqualifications that has grown up. ...As a result, convicted persons are generally subjected to numerous disabilities and disqualifications which have little relation to the crime committed, the person committing it or,consequently, the protection of society. They are often harsh out of all proportion to the crime committed.

Book Notes, Law Review Staff

Vanderbilt Law Review

The Child Savers: The Invention of Delinquency By Anthony M. Platt Chicago: University of Chicago Press, 1969. Pp. ix, 202.$8.50.

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Juvenile Delinquency and Urban Areas (rev. ed.) By Clifford R.Shaw & Henry D. McKay Chicago: University of Chicago Press,1969. Pp. 394.

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The Positive School of Criminology Edited by Stanley E. Grupp Pittsburgh: University of Pittsburgh Press, 1968. Pp. vi, 114. $5.95.

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State and Local Tax Problems Edited by Harry L. Johnson Knoxville: University of Tennessee Press, 1969. Pp. xiii, 190. $7.50.

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Tension in the Cities By James A. Bayton Philadelphia: Chilton Book Co., 1969. Pp. x, …

Behind The Shield, Arthur Niederhoffer

Washington and Lee Law Review

No abstract provided.

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.

Study Of Law Enforcement, Committee On The Administration Of Justice In The Commonwealth Of Kentucky, W. L. Matthews Jr., John B. Breckinridge

Kentucky Law Journal

No abstract provided.

Criminal Law Administration Prior To Trial: Recent Constitutional Developments, Paul H. Sanders

Vanderbilt Law Review

Probably the most pervasive dilemma in human experience is that which poses the choice with respect to the use of normally-condemned means in order to attain what are considered to be desirable ends. The field of criminal law administration offers a particularly apt illustration of the dilemma in modern society. The actual, day-to-day methods of operation of our law enforcement officers, prosecutors, judges and other officials concerned with the investigation, trial and punishment of those charged with crime,--all reflect the choice that has been made in fact by our society. We can each judge, within the limits of our experience, …

Book Review. Vollmer, A., The Police And Modern Society, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Our National Police, William Case Clarke

Student and Lippitt Prize Essays

A brief history and review of the effectiveness of the nineteenth century army, or ‘national police’ of the United States.