Law Enforcement and Corrections Commons^™

Consistently Inconsistent: The Supreme Court And The Confusion Surrounding Proportionality In Non-Capital Sentencing, Steven P. Grossman

All Faculty Scholarship

(Adapted by permission from 84 Ky. L. J. 107 (1995)) This article examines the Supreme Court's treatment of the Eighth Amendment with respect to claims of excessiveness regarding prison sentences. Specifically, it addresses the issue of whether and to what degree the Eighth Amendment requires that a punishment not be disproportional to the crime punished. In analyzing all of the modern holdings of the Court in this area, one finds significant fault with each. The result of this series of flawed opinions from the Supreme Court is that the state of the law with respect to proportionality in sentencing is …

Faith In Fantasy: The Supreme Court's Reliance On Commutation To Ensure Justice In Death Penalty Cases, Victoria J. Palacios

Vanderbilt Law Review

Since scarcely a decade after Furman v. Georgia,' the Supreme Court has struggled to avoid review of death penalty cases by narrowing the grounds defendants can use to challenge their sentences, as well as the procedures they can use to make those challenges. The Court supports its jurisprudence and the deregulation of death with an important but unexamined assumption: whatever shortcomings exist in the administration of the death penalty, ultimately injustice can and will be avoided by the exercise of the commutation power at the state level.

This Article argues that such an assumption is unwarranted. By substituting the fantasy …

Survey On The Seriousness Of Crime: A Comparison Of Three Police Departments, Terry J. Comnick

Theses Digitization Project

No abstract provided.

Ua12/8 Chief News, Wku Police

WKU Administration Documents

WKU Police departmental newsletters for 1996.

Fact-Bargaining: An American Phenomenon, William T. Pizzi

Publications

No abstract provided.

When The Constable Blunders: A Comparison Of The Law Of Police Interrogation In Canada And The United States, Robert Harvie, Hamar Foster

Seattle University Law Review

This Article explores the Supreme Court of Canada's use of the Charter of Rights and Freedoms in limiting police interrogations and compares its case decisions with cases from the Supreme Court of the United States. Part II of this Article examines the purposes and policies underlying sections 10(b), 7, and 24(2) of the Charter. Part III then examines the application of sections 10(b) and 7 in situations where (1) suspects are interrogated by uniformed police officers or other persons known to be in authority, and (2) suspects are interrogated surreptitiously by persons not known to be in authority. In both …

(Dis)Assembling Rights Of Women Workers Along The Global Assembly Line: Human Rights And The Garment Industry Symposium: Political Lawyering: Conversations On Progressive Social Change, Laura Ho, Catherine Powell, Leti Volpp

Faculty Scholarship

Some observers would like to explain away sweatshops as immigrants exploiting other immigrants, as "cultural, or as the importation of a form of exploitation that normally does not happen here but occurs elsewhere, in the "Third World." While the public was shocked by the discovery at El Monte, garment workers and garment worker advocates have for years been describing abuses in the garment industry and have ascribed responsibility for such abuses to manufacturers and retailers who control the industry. Sweatshops, like the one in El Monte, are a home-grown problem with peculiarly American roots. Since the inception of the garment …

Shaking The Foundation Of Gideon: A Critique Of Nichols In Overruling Baldasar V. Illinois, 25 Hofstra L. Rev. 507 (1996), Ralph Ruebner, Jennifer Berner, Anne Herbert

UIC Law Open Access Faculty Scholarship

No abstract provided.

Pretextual Traffic Stops: United States V. Whren And The Death Of Terry V. Ohio, Janet Koven Levit

Loyola University Chicago Law Journal

No abstract provided.

An Examination Of The Training And Reliability Of The Narcotics Detection Dog, Robert C. Bird

Kentucky Law Journal

No abstract provided.

Bribery Among The Korean Elite: Putting An End To A Cultural Ritual And Restoring Honor, Daniel Y. Jun

Vanderbilt Journal of Transnational Law

On August 26, 1996, the criminal bribery convictions of two former South Korean Presidents sent shockwaves throughout the nation of South Korea. The court found former Presidents Chun Doo Hwan and Rof Tae Woo guilty of amassing hundreds of millions of dollars in bribes during their respective presidential terms. The court also found corporate executives of major Korean conglomerates guilty of bribing the former Presidents in exchange for government contracts or political favors. Such events invite a look into South Korea's difficult past, revealing a history of remarkable industrial progress tarnished by pervasive government corruption. This Note first explores South …

Separation Of Powers

Touro Law Review

No abstract provided.

How To Put Lawmakers, Not Courts, Back In Charge, David Schoenbrod, Ross Sandler

Other Publications

No abstract provided.

A "Civil" Method Of Law Enforcement On The Reservation: In Rem Forfeiture And Indian Law, Henry S. Noyes

American Indian Law Review

No abstract provided.

Excessive Criminal Justice Caseloads: Challenging The Conventional Wisdom, Jerold H. Israel

Articles

Since the mid-1960s, no element of the criminal justice environment has received more attention and been accorded greater importance, in both popular and professional commentary, than has the pressure of heavy caseloads. The lack of sufficient resources to deal with overbearing caseloads has been widely characterized as the most pervasive and most critical administrative challenge faced by police, prosecutors, public defenders, and courts.' National commissions have regularly complained that the criminal justice system is "overcrowded, overworked, [and] undermanned," and must be given "substantially more money" to cure those ills if it is ever to perform all of the tasks assigned …

Juror Empathy And Race, Douglas O. Linder

Faculty Works

No abstract provided.

The “Midnight Assassination Law” And Minnesota’S Anti-Death Penalty Movement, John Bessler

All Faculty Scholarship

This article traces the history of Minnesota's anti-death penalty movement and the 1889 Minnesota law - dubbed by contemporaries as the "midnight assassination law" - requiring private, nighttime executions. That law, authored by Minnesota legislator John Day Smith, restricted the number of execution spectators, prohibited newspapers from printing any execution details, and provided that only the fact of the execution could be lawfully printed. Also commonly referred to as the "John Day Smith law," this Minnesota statute was challenged as being unconstitutional by Minnesota newspapers after those newspapers printed details of a botched hanging and were charged with violating the …

Mature Adjudication: Interpretive Choice In Recent Death Penalty Cases, Bernard Harcourt

Faculty Scholarship

Capital punishment presents a "hard" case for adjudication. It provokes sharp conflict between competing constitutional interpretations and invariably raises questions of judicial bias. This is particularly true in the new Republic of South Africa, where the framers of the interim constitution deliberately were silent regarding the legality of the death penalty. The tension is of equivalent force in the United States, where recent expressions of core constitutional rights have raised potentially irreconcilable conflicts in the application of capital punishment.

Two recent death penalty decisions – the South African Constitutional Court opinions in State v. Makwanyane and the United States Supreme …

Federal Use Of State Institutions In The Administration Of Criminal Justice, Paul D. Carrington

Faculty Scholarship

No abstract provided.

Defending Duii Charges, Oregon Law Institute, Clarence E. Lankins, William Uhle, Robert G. Thuemmel, John Henry Hingson Iii, Erin K. Olson, Michael H. Marcus, John Powers, Nancy L. Macklin, Douglas A. Brown, Edward Jones, Frederick Lenzser

Oregon Law Institute, 1995

Course Materials from the October 6, 1995 Program in Portland

Pre-Initial Hearing Detention: Are The Police Department And Social Services Intake Following The Law?, Henry A. Escoto

University of the District of Columbia Law Review

No abstract provided.

Introduction, William S. Geimer, Scott E. Sundby

Capital Defense Journal

No abstract provided.

Tuggle V. Netherland 1995 Wl 630932 (U.S.) United States Supreme Court

Capital Defense Journal

No abstract provided.

Barnes V. Thompson 58 F.3d 971 (4th Cir. 1995) United States Court Of Appeals, Fourth Circuit

Capital Defense Journal

No abstract provided.

Correll V. Thompson 63 F.3d 1279 (4th Cir. 1995) United States Court Of Appeals, Fourth Circuit

Capital Defense Journal

No abstract provided.

Fitzgerald V. Commonwealth 249 Va. 299, 455 S.E.2d 506 (1995) Supreme Court Of Virginia

Capital Defense Journal

No abstract provided.

Yeatts V. Murray 249 Va. 285, 455 S.E.2d 18 (1995) Supreme Court Of Virginia

Capital Defense Journal

No abstract provided.

Kyles V. Whitley 115 S. Ct. 1555 (1995) United States Supreme Court

Capital Defense Journal

No abstract provided.

Tuggle V. Thompson 57 F.3d 1356 (4th Cir. 1995) United States Court Of Appeals, Fourth Circuit

Capital Defense Journal

No abstract provided.

Gray V. Thompson 58 F.3d 59 (4th Cir. 1995) United States Court Of Appeals, Fourth Circuit

Capital Defense Journal

No abstract provided.