Law Enforcement and Corrections Commons^™

Assaults On The Exclusionary Rule: Good Faith Limitations And Damage Remedies, Pierre J. Schlag

Publications

No abstract provided.

Survey Of Developments In The Fourth Circuit: 1980

West Virginia Law Review

No abstract provided.

The Privacy Protection Act Of 1980: Curbing Unrestricted Third-Party Searches In The Wake Of Zurcher V. Stanford Daily, Jose M. Sariego

University of Michigan Journal of Law Reform

This article analyzes the Privacy Protection Act as a response to Zurcher. Part I discusses the Zurcher decision and its effect on First and Fourth Amendment rights, as well as its impact on state testimonial privileges. Part II critically examines key features of the statute, focusing on the parties and materials protected, the police practices regulated, the remedies provided for violations, and the Act's constitutional underpinnings. Part II also offers suggestions for remedying the problems the Act currently presents. The article concludes that the Privacy Protection Act, while a necessary first step to minimizing the impact of Zurcher, is …

Conscience And Convenience: The Asylum And Its Alternatives In Progressive America, Michigan Law Review

Michigan Law Review

A Review of Conscience and Convenience: The Asylum and Its Alternatives in Progressive America by David J. Rothman

Confessions And The Court, Stephen J. Schulhofer

Michigan Law Review

A Review of Police Interrogation and Confessions: Essays in Law and Policy by Yale Kamisar

Ua12/8 Departmental Newsletter, Wku Police

WKU Administration Documents

WKU Police departmental newsletters for 1981.

Interstate Enforcement Of Child Protection Orders, Donald N. Duquette

Book Chapters

Child protection orders issued by local courts are sometimes violated. As long as the children and the other parties involved remain within the court's jurisdiction, enforcement problems, although they exist, are less complicated than the problems presented when the child is out of the court's jurisdiction. A child may be removed from the jurisdiction during visitation, contrary to the court's order. A child, visiting in another jurisdiction, may not be returned as ordered by the court. A child placed out of the jurisdiction by the court may now be in jeopardy because of an unauthorized removal from placement or other …

State Prisoners, Federal Courts, And Playing By The Rules: An Analysis Of The Aldisert Committee's Recommended Procedures For Handling Prisoner Civil Rights Cases, Gay Gellhorn

Seattle University Law Review

The Comment first will recapitulate the full range of procedural initiatives proposed by the Aldisert Committee for adoption as local court rules. Then it will analyze the Committee's recommendations relating to pleading forms and screening the complaints before service of process, the critical stage at which courts dispose of most prisoner complaints. Although concluding that important aspects of the recommended procedures are fundamentally inconsistent with federal statutes and rules, this Comment acknowledges the valid concerns generating the Committee's proposals, and then suggests alternative judicial actions responsive to the phenomenon of state prisoner civil rights com- plaints in federal courts.

Commentary: Rummel V. Estelle: Mockingbirds Among The Brethren, Kenneth Lasson

All Faculty Scholarship

In this commentary Professor Lasson discusses the Supreme Court's decision in Rummel v. Estelle and reveals a poignant personal memorandum that reflects the analysis of human values necessarily performed by whichever Justice cast the deciding vote.

In Memory Of Monrad G. Paulsen, Michael I. Sovern

Cardozo Law Review

No abstract provided.

In Memory Of Monrad G. Paulsen, Sanford H. Kadish

Cardozo Law Review

No abstract provided.

In Memory Of Monrad G. Paulsen, Walter J. Wadlington

Cardozo Law Review

No abstract provided.

In Memory Of Monrad G. Paulsen, Marvin E. Frankel

Cardozo Law Review

No abstract provided.

Interrogation Without Questions: Rhode Island V. Innis And United States V. Henry, Welsh S. White

Michigan Law Review

In Rhode Island v. Innis, the Court defined "interrogation" within the meaning of Miranda; and in United States v. Henry, it defined "deliberate elicitation" within the meaning of Massiah. This article explores the implications of Innis and Henry, suggests readings of the new tests consistent with their purposes, and applies the tests to several situations where the scope of the fifth and sixth amendment protections remains unclear.

An Application Of Double Jeopardy And Collateral Estoppel Principles To Successive Prison Disciplinary And Criminal Prosecutions, Joseph S. Colussi

Indiana Law Journal

No abstract provided.

Police Use Of Cctv Surveillance: Constitutional Implications And Proposed Regulations, Gary C. Robb

University of Michigan Journal of Law Reform

This article evaluates the constitutionality of CCTV "searches." Part I discusses the present uses being made of closed circuit technology and evaluates the merits of the CCTV surveillance system. The critical policy trade-off is the system's effectiveness in combatting crime against the resulting loss of privacy to individual citizens.

Part II considers the constitutional implications of CCTV use in terms of three major doctrines: the Fourth Amendment prohibition against "unreasonable searches and seizures"; the constitutional right of privacy; and the First Amendment guarantees of free speech and association. This part briefly summarizes the state of the law concerning these constitutional …

A Review Of Prisoners' Rights Under The First, Fifth, And Eighth Amendments, Judith Ann Mackarey

Duquesne Law Review

No abstract provided.

Constitutional Law - Sixth Amendment - Waiver Of The Right To Counsel, Anthony M. Bittner

Duquesne Law Review

The Supreme Court of the United States has held that an explicit statement of waiver is not necessary to support a finding that a defendant waived the right to remain silent or the right to counsel guaranteed by

Miranda v. Arizona. North Carolina v. Butler, 441 U.S. 369 (1979).

Ua12/8 Departmental Newsletter, Wku Police

WKU Administration Documents

WKU Police departmental newsletters for 1980.

Rifkin, A Documentary History, 2 Computer L.J. 471 (1980), Jay Becker

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Visual Rape: A Look At The Dubious Legality Of Strip Searches, 13 J. Marshall L. Rev. 273 (1980), Paul R. Shuldiner

UIC Law Review

No abstract provided.

Sentencing, The Dilemma Of Discretion, Jerold H. Israel

Book Chapters

[The following excerpts are taken from Professor Jerold Israel's revision of the late Hazel B. Kerper's Introduction to the Criminal Justice System ( West Publishing Co. 1979), with permission of the author and publisher. Footnotes have been omitted.] As we have seen, judges usually have substantial discretion in sentencing. Most states give them considerable leeway in choosing between probation and imprisonment, in setting the term of imprisonment under either an indeterminate or determinate sentencing structure, in deciding whether a young offender will be given the special benefits of a youthful offender statute, and in determining whether to impose consecutive or …

Municipal Liability For Police Misconduct, 51 Miss. L.J. 1 (1980), Michael P. Seng

UIC Law Open Access Faculty Scholarship

No abstract provided.

Prison And Plantation: Crime, Justice, And Authority In Massachusetts And South Carolina, 1767-1878, By Michael Stephen Hindus, Eric Monkkonen

Indiana Law Journal

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 …

Search And Seizure: A Treatise On The Fourth Amendment, William H. Erickson

Michigan Law Review

A Review of Search and Seizure: A Treatise on the Fourth Amendment by Wayne R. LaFave

Execution Without Trial: Police Homicide And The Constitution, Lawrence W. Sherman

Vanderbilt Law Review

This analysis of police homicide and the Constitution leads to the conclusion that the present state laws are unconstitutional, not just in the common-law states, but in the Model Penal Code and"forcible felony" states as well.' The present laws of every state in the union deny police homicide victims fifth and fourteenth amendment rights to due process, allow the punishment of death to be imposed in a cruel and unusual fashion, and appear to deny equal protection to blacks. The only constitutional alternative apparent is to remove police homicide from the realm of punishment and confine justification for it to …

Cervantes V. Walker: Custodial Interrogation In Prison, Cy A. Grant

North Carolina Central Law Review

No abstract provided.

An Exploratory Analysis Of The Response Of Urban Police To Labor Radicalism, Dennis Earl Hoffman

Dissertations and Theses

Social scientists examining the police role have typically assumed that the individual police officer or department is relatively free to implement social policy as he/she or it sees fit. This assumption is reflected in many police studies which stress the importance of police chiefs, police discretion, and police personalities as being the decisive factors in police behavior.

A more tenable approach to studying the police would be to examine police behavior in terms of the place of the police in class conflict. This approach would focus mainly on how conditions outside of police organizations have shaped police response.

To date …

Bolding V. Holshauser: What Remedy For Violation Of Prisoner's Eighth Amendment Rights, Marjorie Seiferheld

North Carolina Central Law Review

No abstract provided.