Law Enforcement and Corrections Commons^™

Clearing The Roadblocks To Sobriety Checkpoints, Mark R. Soble

University of Michigan Journal of Law Reform

This Note examines the constitutional and policy implications of sobriety checkpoints. Part I discusses the competing interests involved in implementing sobriety checkpoints. Part II presents an appropriate constitutional standard for judging sobriety checkpoints. Part III proposes reform-oriented measures that conform to constitutional guidelines. This Note concludes that properly conducted sobriety checkpoints are constitutional.

Inmates' Rights: Lost In The Maze Of Prison Bureaucracy?, A Wayne Mackay

Dalhousie Law Journal

A prison inmate is supposed to have the same basic rights as any other citizen, except to the extent that such rights are circumscribed by physical confinement. This may be surprising to many prison authorities, and most of the general public. The point was made forcefully by Mr. Justice White of the United States Supreme Court in Wolffv. McDonnelI But though his rights may be diminished by the needs and exigencies of the institutional environment, a prisoner is not wholly stripped of constitutional protections when he is imprisoned for crime. There is no iron curtain between the Constitution and the …

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 …

Ua12/8 Newsletter, Wku Police

WKU Administration Documents

WKU Police departmental newsletters for 1988.

Mccleskey V. Kemp: The Supreme Court Pulls The Switch On Future Judicial Challenges To The Death Penalty, 22 J. Marshall L. Rev. 215 (1988), William H. Jones

UIC Law Review

No abstract provided.

Griffin V. Wisconsin Warrantless Probation Searches - Do The State's Needs Warrant Such Strict Measures, 21 J. Marshall L. Rev. 921 (1988), William Blake Weiler

UIC Law Review

No abstract provided.

Preventive Detention: Illinois Takes A Tenative Step Towards A Safer Community, 21 J. Marshall L. Rev. 389 (1988), Carolyn Nickels Offenbach

UIC Law Review

No abstract provided.

A Linguistic Analysis Of The Meanings Of "Search" In The Fourth Amendment: A Search For Common Sense, Clark D. Cunningham

Faculty Publications By Year

This article offers a new technique for analyzing and evaluating competing interpretations of a legal text and applies that technique to one of the most debated questions of modern constitutional interpretation: the meaning of "searches" in the first clause of the fourth amendment. This Technique is called the "common sense" approach because it begins with a semantic analysis of the text in terms of the sense that the key words have in everyday speech. Such analysis reveals a complex of interlocked concepts that underlies the ability of speakers to recognize meaningful uses of these words. The common sense approach then …

Pre-Academy Placement In The Washington State Patrol: Factors Associated With Academy And Job Performance, Richard Franklin Hamack

All Master's Theses

Washington State Patrol Trooper Cadets serve in a number of positions, a number of locations across the state and for varying lengths of time before they are selected to attend the academy. The purpose of the present research was to determine whether these factors were related to subsequent academy performance and job performance.

To that end, 255 cadets hired between 1979 and 1985 were studied. The results indicated that only pre-academy assignment duration was significantly correlated with academy completion and academy performance. Implications for further research and departmental policy are discussed.

Administrative Searches For Evidence Of Crime: The Impact Of New York V. Burger, Perry S. Reich

Touro Law Review

No abstract provided.

Marriage, Procreation, And The Prisoner: Should Reproductive Alternatives Survive During Incarceration?, Jacqueline B. Deoliveira

Touro Law Review

No abstract provided.

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. …

Threshold Requirements For The Fbi Under Exemption 7 Of The Freedom Of Information Act, Richard A. Kaba

Michigan Law Review

This Note examines Exemption 7 of the FOIA as it relates to FBP0 information and seeks to determine the appropriate rule for the first prong of the Abramson test. Part I of this Note examines Exemption 7 in the 1966, 1974, and 1986 FOIAs, the judicial opinions interpreting this exemption, and the legislative histories of the 1966, 1974, and 1986 FOIAs as they relate to Exemption 7. Part II compares the per se and threshold tests in view of their practical effects and concludes that neither test is clearly superior. Part III proposes adoption of a per se rule with …

'Comparative Reprehensibility' And The Fourth Amendment Exclusionary Rule, Yale Kamisar

Articles

It is not . . . easy to see what the shock-the-conscience test adds, or should be allowed to add, to the deterrent function of exclusionary rules. Where no deterrence of unconstitutional police behavior is possible, a decision to exclude probative evidence with the result that a criminal goes free to prey upon the public should shock the judicial conscience even more than admitting the evidence. So spoke Judge Robert H. Bork, concurring in a ruling that the fourth amendment exclusionary rule does not apply to foreign searches conducted exclusively by foreign officials. A short time thereafter, when an interviewer …

Rethinking Excessive Force, R. Wilson Freyermuth

Faculty Publications

Each year claimants file thousands of section 1983 actions against law enforcement or prison officials. Many of these claimants allege that officials used excessive force against them in violation of their constitutional rights. Despite the large number of excessive force cases in the federal courts, however, the Supreme Court has decided only two excessive force cases brought under section 1983. In Whitley v. Albers, the Court elaborated the appropriate standard for determining whether the shooting of a prisoner violated the eighth amendment. In Tennessee v. Garner, the Court applied the fourth amendment to strike down a Tennessee statute that authorized …

Ua12/2/2 Talisman: Degrees Of Exposure, Wku Student Affairs

WKU Administration Documents

1987 Talisman yearbook includes these articles:

• Degrees of Exposure
• Smith, Sandy. Western, Canada, Homecoming . . . An UnCommon Bond
• It’s a SCREAM! – Halloween
• Binkley, John. Stroke by Stroke – Swimming Lessons
• Eaglesson, Leigh. Thunderbirds
• Jones, LaMont. Black by Popular Demand
• Strange, Jennifer. Not Just a Handout – Hands Across Western
• Strange, Jennifer. Pain in the Grass – High School Sweet Sixteen Tournament
• Spann, Kim. Heart Attacks – Valentine’s Day
• Kinslow, Gina. A Stable Career – Kelly Greenwell
• White, Fred. An Instrumental Career – Jim Daniel
• Saylor, Kim. On a Different Scale – Theatre & Dance
• Kinslow, Gina. Foreign …

The Implications Of Prison Privatization On The Conduct Of Prisoner Litigation Under 42 U.S.C. Section 1983, Susan L. Kay

Vanderbilt Law Review

Prisoners often seek redress in federal courts through causes of action brought under 42 U.S.C. Section 19831 for violations of their constitutional rights caused by the overall condition of their confinement or by one specific condition or incident. Although commentators disagree over the extent to which these cases burden federal district courts, they agree that prisoner litigation constitutes a large percentage of the civil rights litigation in district courts. One of the attractions of prison privatization for state and local governments is the belief that contracting prison management to private firms will relieve the government of the burden of defending …

The Privatization Of Correctional Institutions: The Tennessee Experience, W.J. Michael Cody Attorney General And Reporter, Andy D. Bennett -- Deputy Attorney General For Legislative Affairs

Vanderbilt Law Review

Recently, the privatization of correctional institutions has been a topic of intense interest both in Tennessee and other parts of the Nation. In the hope that we might learn from the past, we undertook to examine Tennessee's convict leasing practices of the nineteenth century. This Article summarizes that research and provides a narrative and analysis of the recent events regarding privatization of correctional institutions in Tennessee.

Implications Of Prison Privatization For The Conduct Of Prisoner Litigation Under 42 U.S.C., Susan L. Kay

Vanderbilt Law School Faculty Publications

Prisoners often seek redress in federal courts through causes of action brought under 42 U.S.C. Section 19831 for violations of their constitutional rights caused by the overall condition of their confinement or by one specific condition or incident. Although commentators disagree over the extent to which these cases burden federal district courts, they agree that prisoner litigation constitutes a large percentage of the civil rights litigation in district courts. One of the attractions of prison privatization for state and local governments is the belief that contracting prison management to private firms will relieve the government of the burden of defending …

Tennessee's Private Prison Act Of 1986: An Historical Perspective With Special Attention To California's Experience, Ward M. Mcafee

Vanderbilt Law Review

In 1918 James H. Wilkins proudly proclaimed that crime was on the wane. Speaking at the end of a long career in California's state prison system, Wilkins had seen the presumed eradication of the opium habit among State prisoners, the reduction and sup-posed elimination of corporal punishment in the State's prisons,and the introduction of the parole system. He wrote:

"All this tends to material betterment in the present condition and future out-look of prison populations .... It is a long cry before our prisons, jails and other like institutes of detention will bear upon their rusty gates the legend" closed …

Privatization Of Corrections: Defining The Issues, Ira P. Robbins

Vanderbilt Law Review

Even as the public is demanding that more criminals be incarcerated and that their sentences be lengthened, the problems of America's prisons and jails continue to plague, if not overwhelm,us. More than two-thirds of the states are currently under court order to correct conditions that violate the United States Constitution's prohibition against cruel and unusual punishment. There are many important questions, but there are still no clear, satisfactory answers.

The last few years have thus witnessed diverse, controversial developments. Some, like the voluntary accreditation of correctional facilities by the Commission on Accreditation for Corrections, have begun to take root. Others, …

Privatization And Prisons, E. S. Savas

Vanderbilt Law Review

"Privatization" means increased governmental reliance on the private sector, rather than on government agencies, to satisfy the needs of society. Since the word was first used in 1969,' privatization has gained broad recognition and widespread acceptance, and,in recent years, a major trend toward privatization has developed in the United States and abroad. The reasons for this trend are both pragmatic and ideological. Pragmatists advocate privatization because it offers a more efficient way to provide goods and services. Ideological opponents of big government support privatization be-cause it reduces the role of government. Privatization is therefore an important movement in East and …

Liability Of State Officials And Prison Corporations For Excessive Use Of Force Against Inmates Of Private Prisons, Donna S. Spurlock

Vanderbilt Law Review

Privatization of correctional institutions has emerged in response to the growing problem of prison overcrowding and the increasing cost of providing correctional services. Although it offers solutions to pressing social and financial problems, privatization raises two significant legal questions. First, how much force may a prison guard, hired by a private corrections corporation, use against a prisoner; and second, who will be liable when that guard uses excessive force?

This Note analyzes the issues surrounding the liability of both state and private corrections corporations for the excessive use of force by private prison guards. Part II examines the imposition of …

The Lockdown Of Marion Penitentiary: A Disciplinary Analysis, Mary E. Hurley

In the Public Interest

No abstract provided.

Police Killings And Capital Punishment: The Post-Furman Period, William C. Bailey, Ruth D. Peterson

Sociology & Criminology Faculty Publications

In view of (1) escalating national attention and political and judicial activity centering on capital punishment during recent years and (2) concomitant changes in police killing rates, this paper investigates the impact of the death penalty on rates of lethal assaults against the police for the post-Furman period, 1973–1984. In keeping with recent investigations of deterrence and general homicides, multiple regression is used as a means of controlling for the influence of possible confounding variables in examining the capital punishment/police killings relationship. Consistent with previous investigations, the present analysis provides no indication that our national return to capital punishment …

Ua12/8 Newsletter, Wku Police

WKU Administration Documents

WKU Police departmental newsletters for 1987.

Colorado V. Connelly: The Gratuitous Union Of Voluntariness And State Coercion, 21 J. Marshall L. Rev. 199 (1987), James P. Byrne Jr.

UIC Law Review

No abstract provided.

Ford V. Wainwright: States Cannot Execute Insane - But How Is Insanity Determined, 20 J. Marshall L. Rev. 549 (1987), Shannon S. Sullivan

UIC Law Review

No abstract provided.

Police Encouragement And The Fourth Amendment, 20 J. Marshall L. Rev. 661 (1987), Barry D. Green

UIC Law Review

No abstract provided.

The Law Enforcement Officers' Privilege Against Compelled Self-Incrimination, Byron L. Warnken

University of Baltimore Law Review

Although the fifth amendment privilege against compelled self-incrimination applies to all citizens, law enforcement officers traditionally have had to either waive the privilege when subjected to questioning or face punitive personnel action. Courts consistently held that a law enforcement officer's right to retain office depended on a willingness to forego constitutional protections.

The Supreme Court decided several cases beginning in the late 1960's that extended the full fifth amendment privilege to law enforcement officers, but lower courts have misconstrued these cases and have continued to deny fifth amendment protections. In 1974, Maryland became the first of four states to enact …