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Articles 4591 - 4620 of 5036

Full-Text Articles in Law Enforcement and Corrections

Waiver Under The West Virginia Habeas Corpus Act, Gene R. Nichol Jr. Apr 1979

Waiver Under The West Virginia Habeas Corpus Act, Gene R. Nichol Jr.

West Virginia Law Review

No abstract provided.


A Prison And A Prisoner: The Provincial's View, Emily Calhoun Mar 1979

A Prison And A Prisoner: The Provincial's View, Emily Calhoun

Michigan Law Review

A Review of A Prison and a Prisoner by Susan Sheehan


The Rise Of Prisons And The Origins Of The Rehabilitative Ideal, Carl E. Schneider Mar 1979

The Rise Of Prisons And The Origins Of The Rehabilitative Ideal, Carl E. Schneider

Michigan Law Review

A Review of The Discovery of the Asylum: Social Order and Disorder in the New Republic by David J. Rothman


Changed Society, Changing Law, Hence Unstable Prisons, Daniel Glaser Mar 1979

Changed Society, Changing Law, Hence Unstable Prisons, Daniel Glaser

Michigan Law Review

A Review of Stateville: The Penitentiary in Mass Society by James B. Jacobs


Ua12/8 Departmental Newsletter, Wku Police Jan 1979

Ua12/8 Departmental Newsletter, Wku Police

WKU Administration Documents

WKU Police departmental newsletters for 1979.


Actions And Remedies Against Government Units And Public Officers For Nonfeasance, 11 Loy. U. Chi. L.J. 101 (1979), Paul T. Wangerin Jan 1979

Actions And Remedies Against Government Units And Public Officers For Nonfeasance, 11 Loy. U. Chi. L.J. 101 (1979), Paul T. Wangerin

UIC Law Open Access Faculty Scholarship

No abstract provided.


Constitutional Law - Parole Revocation Hearings - Due Process Does Not Require That Federal Parolee Subsequently Convicted And Incarcerated For State Offense Be Given Immediate Parole Revocation Hearing, Charles F. Weyl Jan 1979

Constitutional Law - Parole Revocation Hearings - Due Process Does Not Require That Federal Parolee Subsequently Convicted And Incarcerated For State Offense Be Given Immediate Parole Revocation Hearing, Charles F. Weyl

Villanova Law Review (1956 - )

No abstract provided.


The Deterrent Effect Of The Death Penalty For Murder In Ohio: A Time-Series Analysis, William C. Bailey Jan 1979

The Deterrent Effect Of The Death Penalty For Murder In Ohio: A Time-Series Analysis, William C. Bailey

Cleveland State Law Review

One thing is abundantly clear from the analysis reported in this article: if Ohio is to reinstate capital punishment, its justification will have to be based upon grounds other than the deterrent effect of the death penalty for murder. Notwithstanding the opinion of some members of the United States Supreme Court, and possibly a majority of the Ohio House and Senate, the present analysis of Ohio's experience with capital punishment provides no justification for reinstating the death penalty as an effective means of dealing with the state's murder problem.


Due Process As A Management Tool In Schools And Prisons, Elisabeth T. Dreyfuss, Jane C. Knapp Jan 1979

Due Process As A Management Tool In Schools And Prisons, Elisabeth T. Dreyfuss, Jane C. Knapp

Cleveland State Law Review

This article will explore due process as an effective tool for the management of schools and prisons through a close scrutiny of the fourteenth amendment. The authors will attempt to identify emerging trends in case law and give special attention to Bell v. Wolfish, which may point to a new direction in due process analysis under the Burger Court. The purpose of this article is to propose radical reform of schools and prisons through the involvement of their populations and staffs in the rule-making process. Spawned by a firm belief that only through such democratic processes can the violence and …


County Jail Reform In Kentucky--A Second Look, Wm. Barry Birdwhistell Jan 1979

County Jail Reform In Kentucky--A Second Look, Wm. Barry Birdwhistell

Kentucky Law Journal

No abstract provided.


The Impact Of Bounds V. Smith On City And County Jail Facilities, Philip W. Collier Jan 1979

The Impact Of Bounds V. Smith On City And County Jail Facilities, Philip W. Collier

Kentucky Law Journal

No abstract provided.


The Exclusionary Rule In Historical Perspective: The Struggle To Make The Fourth Amendment More Than 'An Empty Blessing', Yale Kamisar Jan 1979

The Exclusionary Rule In Historical Perspective: The Struggle To Make The Fourth Amendment More Than 'An Empty Blessing', Yale Kamisar

Articles

In the 65 years since the Supreme Court adopted the exclusionary rule, few critics have attacked it with as much vigor and on as many fronts as did Judge Malcolm Wilkey in his recent Judicature article, "The exclusionary rule: why suppress valid evidence?" (November 1978).


A Prison And A Prisoner: The Provincial's View, Emily Calhoun Jan 1979

A Prison And A Prisoner: The Provincial's View, Emily Calhoun

Publications

No abstract provided.


Law And Disorder In Nineteenth-Century Kentucky, Robert M. Ireland Jan 1979

Law And Disorder In Nineteenth-Century Kentucky, Robert M. Ireland

Vanderbilt Law Review

Nineteenth-century Kentuckians responded paradoxically to their criminal justice system. Although they complained constantly about the inadequacies of their constabulary, they refused to appropriate funds necessary to establish more efficient police forces. And while they carped continually about the ineffectiveness and ineptitude of prosecutors, the slowness and timidity of judges, the permissiveness of juries, and the leniency of governors, they also expressed equal concern about the rights of the accused and the convicted. By their ambivalence, nineteenth-century Kentuckians reflected an internal conflict that historically has characterized the response of Americans to the problem of crime. A free and dynamic society inevitably …


Exclusionary Rule: Reasonable Remarks On Unreasonable Search And Seizure, Yale Kamisar Jan 1979

Exclusionary Rule: Reasonable Remarks On Unreasonable Search And Seizure, Yale Kamisar

Articles

Can we live with the so-called exclusionary rule, which bars the use of illegally gained evidence in criminal trials? Can the Fourth Amendment live without it? A growing number of lawyers and judges, including Chief Justice Warren Burger, have called for abandonment of the rule, usually on the ground that it has not prevented illegal searches and seizures and on the ground that the rule has contributed significantly to the increase in crime. No one has convincingly demonstrated a causal link between the high rate of crime in America and the exclusionary rule, and I do not believe that any …


Crime, Punishment And Responsibility, T. Brian Hogan Jan 1979

Crime, Punishment And Responsibility, T. Brian Hogan

Villanova Law Review (1956 - )

No abstract provided.


"To Decide The Case At Hand": Benjamin N. Cardozo, Monrad G. Paulsen Jan 1979

"To Decide The Case At Hand": Benjamin N. Cardozo, Monrad G. Paulsen

Cardozo Law Review

No abstract provided.


Due Process And Parole Revocation, Michigan Law Review Nov 1978

Due Process And Parole Revocation, Michigan Law Review

Michigan Law Review

In Morrissey, the Court set the level of due process needed in parole revocations. Specifically, it held that the parolee facing •revocation has a right (a) to receive written notice of the claimed parole violations; (b) to hear the evidence against him; (c) to be heard in person and to present witnesses and documentary evidence; (d) to confront and cross-examine adverse witnesses (unless the hearing officer specifically finds good cause for not allowing the confrontation); (e) to have a neutral and detached hearing body, members of which need not be judicial officers or lawyers; and (f) to be given …


Withdrawal Of Rights And Due Deference: The New Hands Off Policy In Correctional Litigation, Mark Berger Oct 1978

Withdrawal Of Rights And Due Deference: The New Hands Off Policy In Correctional Litigation, Mark Berger

Faculty Works

No abstract provided.


The Right To Counsel In Police Interrogation Cases: Miranda And Williams, Mitchell Leibson Chyette Oct 1978

The Right To Counsel In Police Interrogation Cases: Miranda And Williams, Mitchell Leibson Chyette

University of Michigan Journal of Law Reform

This article will consider some of the theoretical and practical ramifications of the Williams decision and compare its protections to the protections offered by Miranda. The article, focussing on the right to counsel, discusses the nature of the police conduct which is prohibited by each decision, the time at which the protections involved become effective, and the standard by which a waiver of the rights will be measured. The article concludes that there may be significant differences in the application of the two cases and that a uniform rule based on the sixth amendment may be superior to the …


The Right To An In Camera Voluntariness Hearing: State V. Sanders, Ellen Carle Lilly Sep 1978

The Right To An In Camera Voluntariness Hearing: State V. Sanders, Ellen Carle Lilly

West Virginia Law Review

No abstract provided.


Escapes From Permissive Release Programs: Proposals For Reform, Richard D. Franzblau Jul 1978

Escapes From Permissive Release Programs: Proposals For Reform, Richard D. Franzblau

Indiana Law Journal

No abstract provided.


The Interstate Agreement On Detainers: Defining The Federal Role, Janet R. Necessary May 1978

The Interstate Agreement On Detainers: Defining The Federal Role, Janet R. Necessary

Vanderbilt Law Review

In 1970, Congress enacted into law the Interstate Agreement on Detainers Act, making the United States and the District of Columbia parties to the interstate compact already adopted by 37 states.' The purpose of the Agreement is to "encourage the expeditious and orderly disposition" of charges underlying detainers by providing procedures by which prisoners may request disposition of such charges and prosecuting jurisdictions may obtain the presence of prisoners for trial. Recently problems of interpretation have surfaced as the federal courts have endeavored to define the role of the United States under the Agreement. The courts of appeals presently disagree …


The Presentence Diagnostic Program In North Carolina: Process And Problems, Nevelle O. Jones Apr 1978

The Presentence Diagnostic Program In North Carolina: Process And Problems, Nevelle O. Jones

North Carolina Central Law Review

No abstract provided.


Denial Of Justice, Joel M. Flaum Jan 1978

Denial Of Justice, Joel M. Flaum

Michigan Law Review

A Review of Denial of Justice by Lloyd L. Weinreb


Expungement Of Criminal Convictions Under The Youth Corrections Act: The Need For Revision, Kenneth R. Taylor Jan 1978

Expungement Of Criminal Convictions Under The Youth Corrections Act: The Need For Revision, Kenneth R. Taylor

Kentucky Law Journal

No abstract provided.


The Decline Of The Rehabilitative Ideal In American Criminal Justice, Francis A. Allen Jan 1978

The Decline Of The Rehabilitative Ideal In American Criminal Justice, Francis A. Allen

Cleveland State Law Review

At this point I am going to advance a proposition. It is an analytic proposition, not an empirical statement, and relates to what characteristics a society must possess in order to maintain a flourishing rehabilitative ideal. Then I shall try to test that proposition by looking at two very different societies in which the rehabilitative ideal flourished. Finally, I shall ask whether those conditions are satisfied in modem America. My proposition is in two parts. First, you cannot have a flourishing rehabilitative ideal unless the society as a whole has a strong faith in the malleability of human behavior and …


The Repressed Issues Of Sentencing: Accountability, Predictability, And Equality In The Era Of The Sentencing Commission, John C. Coffee Jr. Jan 1978

The Repressed Issues Of Sentencing: Accountability, Predictability, And Equality In The Era Of The Sentencing Commission, John C. Coffee Jr.

Faculty Scholarship

The existence of disparities in the sentences imposed on equally culpable offenders has long been a subject of jurisprudential concern. The author provides a critique of recent efforts to objectify the sentencing process that rely on a matrix table prescribing guideline sentence lengths on the basis of offense severity and predictions of recidivism. With particular emphasis on the Sentencing Commission authorized by pending federal legislation, he urges the need for political accountability in the body that inevitably makes value judgments in the preparation and administration of such a guideline system. Finally, the author discusses the normative issues that surround the …


Some Impressions And Reflections On Observing Legal Proceedings In The People's Republic Of China, Christina B. Whitman, Sallyanne Payton Jan 1978

Some Impressions And Reflections On Observing Legal Proceedings In The People's Republic Of China, Christina B. Whitman, Sallyanne Payton

Articles

Very few foreign visitors have been allowed an opportunity to observe legal proceedings in the People's Republic of China. We were included in the first American group ever favored with a professional exchange legal tour. During the month of May 1977, we spent three weeks in China with a group of Black American judges and lawyers, headed by the Hon. George C. Crockett, Jr., Judge of the Recorder's Court of Detroit. Since we ourselves would be skeptical of the claim of a visitor to the United States who purported to have "studied" the American legal process during the course of …


Federalism, State Prison Reform, And Evolving Standards Of Human Decency: On Guessing, Stressing, And Redressing Constitutional Rights, Ira P. Robbins Jan 1978

Federalism, State Prison Reform, And Evolving Standards Of Human Decency: On Guessing, Stressing, And Redressing Constitutional Rights, Ira P. Robbins

Scholarly Articles in Law Reviews & Journals

No abstract provided.