Law Enforcement and Corrections Commons^™

Interaction Between State And Federal Right To Counsel: The Overruling Of Bartolomeounsel: The Overruling Of Bartolomeo, Joseph D. Sullivan

Touro Law Review

No abstract provided.

The Interconnected Epidemics Of Drug Dependency And Aids, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Drug dependence and human immunodeficiency virus (HIV) are America's two most pressing epidemics, interconnected by a cycle of urban poverty, physical dependence and a culture of sharing needles and syringes. Extant political strategies to curb these interconnected epidemics involve two traditional approaches. The first--law enforcement and interdiction--is designed to limit the supply of illicit drugs to the marketplace. This strategy is advanced by broad criminal sanctions against importing, selling, distributing, medically prescribing, or possessing illicit drugs or drug paraphernalia. The second strategy to combat the drug and HIV epidemics involves reducing the demand for illicit drugs. Education, counseling, and treatment …

Waiver Of Rights In The Interrogation Room: The Court's Dilemma, William T. Pizzi

Publications

No abstract provided.

Electronic Surveillance, Kimberly D. Krawiec

Faculty Scholarship

No abstract provided.

Controlling Discretion By Administrative Regulations: The Use, Misuse, And The Nonuse Of Police Rules And Policies In Fourth Amendment Adjudication, Wayne R. Lafave

Michigan Law Review

In assaying fourth amendment jurisprudence, it is useful to take into account available knowledge regarding the actual search and seizure practices of the police. Especially helpful is the perspective afforded by the American Bar Foundation's Survey of the Administration of Criminal Justice in the United States, which ranks as the preeminent empirical study of law enforcement procedures in this country. Despite the fact - or, more likely, because of the fact that the ABF Survey was published over twenty years ago, certain insights from that study highlight some recent and significant changes in this corpus juris inconstans .

Clearly "the …

Errors In Good Faith: The Leon Exception Six Years Later, David Clark Esseks

Michigan Law Review

Given this vast literature on the good faith exception, little room appears to exist for additional commentary on the propriety of the decision, its theoretical weaknesses or strengths, or what further changes in constitutional criminal procedure it forebodes. This Note will not add to the many voices complaining of the Court's misconstrual of the grounding of the exclusionary rule, nor of its crabbed notion of deterrence. Instead, it accepts, arguendo, the propriety of the exception and its underlying purpose, and then examines the six-year experience with the revised rule. The proliferation of reported applications of the good faith exception …

Whitmore V. Arkansas 110 S. Ct. 1717, 109 L.Ed.2d 135 (1990)

Capital Defense Journal

No abstract provided.

Savino V. Commonwealth 239 Va. 534, 391 S.E.2d 276 (1990)

Capital Defense Journal

No abstract provided.

Smith V. Commonwealth 239 Va. 243,389 S.E.2d 871 (1990)

Capital Defense Journal

No abstract provided.

Eaton V. Commonwealth No. 900238 (1990) (Lexis State Library, 125)

Capital Defense Journal

No abstract provided.

Sawyer V. Smith 110 S. Ct. 2822, 111 L.Ed.2d 193 (1990)

Capital Defense Journal

No abstract provided.

Walton V. Arizona 110 S. Ct. 3047, 111 L.Ed.2d 511 (1990)

Capital Defense Journal

No abstract provided.

Saffle V. Parks 110 S. Ct. 1257,108 L.Ed.2d 415 (1990)

Capital Defense Journal

No abstract provided.

Butler V. Mckellar 110 S. Ct. 1212, 108 L.Ed.2d 347 (1990)

Capital Defense Journal

No abstract provided.

Introduction, William S. Geimer

Capital Defense Journal

No abstract provided.

Lewis V. Jeffers 110 S. Ct. 3092, 111 L.Ed.2d 606 (1990)

Capital Defense Journal

No abstract provided.

Clemons V. Mississippi 110 S. Ct. 1441, 108 L.Ed.2d 725

Capital Defense Journal

No abstract provided.

Blystone V. Pennsylvania 110 S. Ct. 1078,108 L.Ed.2d 255 (1990)

Capital Defense Journal

No abstract provided.

Boyde V. California 110 S. Ct. 1190, 108 L.Ed.2d 316 (1990)

Capital Defense Journal

No abstract provided.

Mckoy V. North Carolina 110 S. Ct. 1227, 108 L.Ed.2d 369 (1990)

Capital Defense Journal

No abstract provided.

Justus V. Murray 897 F.2d 709 (1990)

Capital Defense Journal

No abstract provided.

Mu'min V. Commonwealth 239 Va. 433,389 S.E.2d 886 (1990)

Capital Defense Journal

No abstract provided.

Cheng V. Commonwealth 240 Va. 26,393 S.E.2d 599 (1990)

Capital Defense Journal

No abstract provided.

State Habeas In Virginia: A Critical Transition, Catherine M. Hobart

Capital Defense Journal

No abstract provided.

Perfecting The Record Of A Capital Case In Virginia, Robert L. Powley

Capital Defense Journal

No abstract provided.

Ineffective Assistance Of Counsel, Thomas J. Marlowe

Capital Defense Journal

No abstract provided.

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 …

Narrowing The Scope Of Civil Drug Forfeiture: Section 881, Substantial Connection And The Eighth Amendment, James B. Speta

Michigan Law Review

This Note offers two justifications for narrowing the scope of section 881 forfeiture. Part I argues that courts should apply the substantial connection test to section 881 forfeitures. This Part analyzes the statute using the traditional tools of statutory interpretation. While the text of the statute seems to support the broadest possible interpretation, the legislative history and context of adoption suggest that the substantial connection test is consistent with Congressional intent. In amending section 881, subsequent Congresses have favored application of the substantial connection test. Consistent with this narrower reading, present strategy in the "war on drugs" focuses stiff penalties …

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 …

Speaking And Writing Against Hate, Martha Minow

Cardozo Law Review

No abstract provided.