Law Enforcement and Corrections Commons^™

Is The Exclusionary Rule An 'Illogical' Or 'Unnatural' Interpretation Of The Fourth Amendment?, Yale Kamisar

Articles

More than 50 years have passed since the Supreme Court decided the Weeks case, barring the use in federal prosecutions of evidence obtained in violation of the Fourth Amendment, and the Silverthorne case, invoking what has come to be known as the "fruit of the poisonous tree" doctrine. The justices who decided those cases would, I think, be quite surprised to learn that some day the value of the exclusionary rule would be measured by-and the very life of the rule might depend on-an empirical evaluation of its efficacy in deterring police misconduct. These justices were engaged in a less …

Prison Reform In The Federal Courts, Rebecca P. Dick

Buffalo Law Review

No abstract provided.

Juvenile Curfew Ordinances And The Constitution, Michigan Law Review

Michigan Law Review

Recognizing that a legislature must decide whether to enact a juvenile curfew without the benefit of conclusive data on the effectiveness of such laws, the remainder of this Note will focus primarily upon the constitutional issues raised by such ordinances. The freedom of movement that is limited by a curfew is, it will be argued, an unenumerated right protected by the ninth and fourteenth amendments. The constitutional rights of juveniles, however, -are not necessarily coextensive with those of adults. Certain characteristics of juveniles-in particular, their lesser capacity for reason and self-control-imply that the strength of their right to freedom of …

Reconsideration Of The Katz Expectation Of Privacy Test, Michigan Law Review

Michigan Law Review

This Note, by modifying certain aspects of the reasonable expectation of privacy test, offers a theory that attempts to identify the minimum content of the fourth amendment. In the first section, the Note examines the reasonable expectation of privacy test and considers whether it has been or can be applied in a manner that fails to protect the right to have certain minimum expectations of privacy. It analyzes both the "actual" and the "reasonable" expectation requirements, identifies weaknesses inherent in the current application of these requirements, and suggests certain ways in which they might be refined. In the second section, …

The Life And Times Of Boyd V. United States (1886-1976), Michigan Law Review

Michigan Law Review

In Boyd v. United States, the Supreme Court held that the fourth and fifth amendments create a zone of privacy encompassing an individual's person and property. The government, according to Boyd, cannot enter this zone, either by compelling an individual to testify against himself or by subpoenaing or seizing his books and papers for use as evidence against him in a criminal or quasi-criminal proceeding. The Court found an "intimate relation" between the two amendments such that the search and seizure of books and papers may be "unreasonable" even if conducted pursuant to a court order.

Over time, …

Eighth Amendment Challenges To The Death Penalty: The Relevance Of Informed Public Opinion, Charles W. Thomas

Vanderbilt Law Review

In light of the Court's recent holding in Gregg v. Georgia, future death penalty challenges almost certainly will focus upon the type and quality of evidence available to serve as "objective indicia that reflect the public attitude toward a given sanction."'" Unfortunately, the "objective indicia" that can be relied upon and the manner in which they are to be weighted is not altogether clear. In Gregg, for example, the Court emphasized such traditional considerations as legislative enactments, decisions rendered by juries, and the single post-Furman referendum on the death penalty.'" Additionally, evidence pertaining to the determinants of public support for …

The Federal Courts And Prison Reform, Patrick Baude

Indiana Law Journal

No abstract provided.

Criminal Procedure, The Burger Court, And The Legacy Of The Warren Court, Jerold H. Israel

Articles

I start in Section I of this Article with an examination of the first major theme of the criminal procedure decisions of the Warren Court, the selective incorporation of Bill of Rights' guarantees into the due process clause of the fourteenth amendment. My conclusion is that the selective incorporation principle, which provided the doctrinal basis for many of the "liberal" decisions of the Warren Court, remains firmly established today under the Burger Court. Section II of the Article then analyzes the theme of equality and the role it played in Warren Court decisions in the criminal procedure area. It is …

Punitive Conditions Of Prison Confinement: An Analysis Of Pugh V. Locke And Federal Court Supervision Of State Penal Administration Under The Eighth Amendment, Ira P. Robbins, Michael B. Buser

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Procedural Due Process And The Convicted Prisoner, 10 J. Marshall J. Of Prac. & Proc. 313 (1977), James A. Pitts

UIC Law Review

No abstract provided.

Potentiality Of Incarceration: A Proposed Standard For The Applicability Of Miranda To Nonfelony Offenses, Mark J. Roberts

Indiana Law Journal

No abstract provided.

The Right Of Prisoner Access: Does Bounds Have Bounds?, Josephine R. Potuto

Indiana Law Journal

No abstract provided.

The Supreme Court And The Constitutional Rights Of Prisoners: A Reappraisal, Emily Calhoun

Publications

No abstract provided.

Due Process And The Parole Release Decision, Donna Chu

Kentucky Law Journal

No abstract provided.

Mondale On Mapp, Yale Kamisar

Articles

Any judicial reversal of the Mapp rule threatens to have just the opposite effect. Law enforcement officials are likely to treat a decision that illegally obtained evidence may be admitted into state criminal trials as though that were a practical suspension of the constitutional rules as to lawful arrest, search, and seizure. They are likely to feel that once again "the judiciary is okaying it." With the smell of revelations of FBI "black-bag jobs" and intelligence agency abuses still in the air, is this how we want the Court to contribute to the atmosphere of police practices as we enter …

Hostile-Audience Confrontations: Police Conduct And First Amendment Rights, Michigan Law Review

Michigan Law Review

This Note first suggests an explicit standard for police conduct in the hostile-audience situation that defines procedures the police must follow at various stages to avoid violating the first amendment. The standard reflects the fact that first amendment free speech rights are not absolute and that such rights must be weighed against both compelling state interests and the competing constitutional claims of other persons. It seeks to reconcile the interest in public order with our constitutional commitment to open discussion and robust debate. Finally, to deter police abuse of first amendment rights in the hostile-audience context, reforms of tort law …

". . . We Are The Living Proof . . . ", Frederic L. Faust

Florida State University Law Review

By David Fogel. Cincinnati, Ohio: The W. H. Anderson Co. 1975. Pp. xxi, 328. $9.50.

Symposium: Law And The Correctional Process In Washington. Editor's Note, Philip Talmadge

Washington Law Review

In recent months the Washington correctional system has come under aittack for failing to limit criminal activity by effectively deterring future offenders or successfully treating those offenders presently within the system. Responding to this public interest, this Symposium issue examines the adult correctional system, the jails, juvenile proceedings, and commitment procedures in Washington. The reader is provided with a step-by-step explanation of these proceedings, and personal observations from those intimately involved with corrections are also included to acquaint the reader with the thought processes of individuals implementing the correctional system. The Washington Law Review hopes that these materials will not …

Improving The Criminal Justice System: The Need For A Commitment, Donald J. Horowitz

Washington Law Review

Society asks a great deal of the criminal justice system. It asks for protection, punishment, rehabilitation, and humanity; it simultaneously asks that the system operate accurately, efficiently and fairly. Recently, societal concern has been sharply focused on the criminal justice system and most particularly on its correctional and sentencing aspects. The rising crime rate is blamed on the failure of the system to deal properly with offenders. This assumes too great a potency in the criminal justice system however; many other factors in society have a far greater impact on the incidence of crime and violence. The criminal justice system, …

A Rebuttal To The Attack On The Indeterminate Sentence, Sue Titus Reid

Washington Law Review

As the preceding sentence indicates, the indeterminate sentence has recently come under attack. Although criticisms that should be considered seriously can be directed at the indeterminate sentence, the time for its abolition has not yet arrived. This article will discuss the history and treatment philosophy underlying the indeterminate sentence, but will not consider all the objections to the indeterminate sentence. Rather, the focus will be on the philosophical and practical problems of implementing the treatment philosophy. It will conclude that the system itself should not be viewed as solely responsible for its shortcomings because abuses of the system, as well …

Washington Jails: A Legislative Failure, Bob Free

Washington Law Review

This article will examine the present condition of Washington's jails and the existing statutes governing them. It concludes that the passage of comprehensive jail standards legislation is needed to protect the rights of the confined.

Juvenile Court: The Legal Process As A Rehabilitative Tool, Bobbe Jean Ellis

Washington Law Review

The author's study, reported in this comment, had two objectives. First, it attempted to determine whether a juvenile's experience with the traditional sociological model or with the legal due process model is more likely to motivate him to feel positively toward the legal system. Second, this study attempted to measure the attitudes of the professionals in the juvenile system (judges, attorneys, and caseworkers) toward the two models. The results of the study, although not all were statistically significant, indicated that although the professionals favored the traditional sociological model, the use of the legal-due process model was more likely to result …

Prisoner Property Deprivations: Section 1983 And The Fourteenth Amendment, Steven H. Hazelrigg

Indiana Law Journal

No abstract provided.

Prisoners' Right Of Access To Courts: Planning For Legal Aid, Geoffrey P. Alpert

Washington Law Review

The civil rights movement has reached into prisons and jails, directing public attention to the fact that prisoners are also beneficiaries of the rights and privileges that the Constitution extends to all citizens. After a discussion of the development of prisoners' rights, this article will survey the major cases establishing prisoners' rights of access to courts and legal assistance. It will summarize previous research dealing with prisoners and their legal problems on a national scale, and extend that research by presenting the findings of a recent research project conducted in the Washington State prison system evaluating the legal needs of …

The Board Of Prison Terms And Paroles: Criteria In Decision Making, George W. Johnson

Washington Law Review

The following is a summary of the mechanics of the Board's operation in the sentencing process, after which the policies underlying its decision-making process will be examined. The State of Washington has a modified indeterminate sentence structure. The maximum term for each felony is limited by statute and, if the arrestee is convicted, the court must impose a maximum term within the statutory guidelines. The minimum term is generally fixed by the Board. Neither the court-imposed maximum nor the Board-determined minimum actually indicates the length of time necessarily spent in prison, however, because Washington has a good time law which …

A Judge's Personal Perspective On Criminal Sentencing, Solie M. Ringold

Washington Law Review

The imposition of sanctions on convicted offenders is a principal vehicle for accomplishing the goals of the criminal law. An appropriate sentencing disposition is as important to the integrity of our system of justice as is the just determination of guilt. Yet the problems, questions, frustrations and self-analysis involved in the sentencing process are complex and heavy burdens. Each judge required to impose a criminal sentence is faced with the difficult tasks of determining the future life of the individual before him or her, balancing the impact on the individual with the needs of society, and drawing the line between …

The Board Of Prison Terms And Paroles And Indeterminate Sentencing: A Critique, Jack Meyerson

Washington Law Review

The Board of Prison Terms and Paroles is given the authority to release most felons from prison when it has determined that the prisoner has been rehabilitated, regardless of the length of time the prisoner has served. Rehabilitation usually consists of satisfactory participation in a formal prison program designed to change the person's criminal behavior into behavior which is more acceptable. The Board has, however, become a target of manipulation by prisoners who indicate outward compliance with rehabilitation procedures in order to be deemed "rehabilitated" and therefore released from prison prior to the expiration of their maximum sentences. In order …

A Perspective On Adult Corrections In Washington, Richard C.J. Kitto, Jr.

Washington Law Review

Any proposals for reform of Washington's correctional process must be evaluated in the context of factual information concerning the present system. This comment will familiarize those interested in correctional issues with the legal and institutional framework of the Washington system. The first section of the comment describes the course of events experienced by an adult offender immediately after conviction of a felony, whether upon a guilty plea or by a verdict of guilty following a trial. It examines the probation decision, the sentencing process, the institutions, and the parole considerations for those offenders subject to the correctional system. The second …

Good Intentions Gone Awry—A Proposal For Fundamental Change In Criminal Sentencing, Christopher T. Bayley

Washington Law Review

This article will discuss the individual treatment model and analyze the fallacies of current sentencing practices and philosophies. Concluding that the treatment model is inappropriate because it fails to consider fundamental principles of justice and the purposes of the criminal law, it will offer an alternative proposal for sentencing that is not dependent on the theory of rehabilitation.

Prisoner's Rights--The Need For An Inmate Grievance Commission In West Virginia, Thomas W. Kupec

West Virginia Law Review

No abstract provided.