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Articles 4651 - 4680 of 5036
Full-Text Articles in Law Enforcement and Corrections
Judicial Review Of Parole Release Decisionmaking, Thomas B. Grier
Judicial Review Of Parole Release Decisionmaking, Thomas B. Grier
IUSTITIA
An inmate at a federal penal institution "is entitled only to be released after full service of his sentence less good time earned during incarceration." He or she is not entitled to parole, for parole is not a right but a privilege, a matter of "legislative grace". The United States Board of Parole has "absolute discretion" in deciding whether and when to grant parole. The judiciary will not interfere with the Board, as "courts are without power to grant a parole or to determine judicially eligibility for parole." And since the Board is statutorily authorized to exercise broad discretion, and …
The Conflicts Between Female Inmates' Needs And Prisoners' Goals, Aline L. Mohr
The Conflicts Between Female Inmates' Needs And Prisoners' Goals, Aline L. Mohr
IUSTITIA
A comparison of the purposes behind the existence of male and female institutions reveals that several common goals exist: custody, deterrence, and rehabilitation. An examination of these goals of women's prisons can be best understood in the context of whom they are aimed to serve. If the goals are to serve society alone, then the custody of female offenders is undoubtedly viewed as an accomplished goal, since society is protected and secure from the infliction of criminal acts by these female offenders. However, if the goals are directed at the inmates as well, deterrence of further criminal activity and rehabilitation …
An Historical Analysis Of Mandatory Capital Punishment, James T. Bryan Iii
An Historical Analysis Of Mandatory Capital Punishment, James T. Bryan Iii
North Carolina Central Law Review
No abstract provided.
Due Process In Parole Granting: A Current Assessment, 10 J. Marshall J. Prac. & Proc. 93 (1976), Frank S. Merritt
Due Process In Parole Granting: A Current Assessment, 10 J. Marshall J. Prac. & Proc. 93 (1976), Frank S. Merritt
UIC Law Review
No abstract provided.
A New Perspective In Prisoners' Rights: The Right To Refuse Treatment And Rehabilitation, 10 J. Marshall J. Prac. & Proc. 173 (1976), Marc D. Ginsberg
A New Perspective In Prisoners' Rights: The Right To Refuse Treatment And Rehabilitation, 10 J. Marshall J. Prac. & Proc. 173 (1976), Marc D. Ginsberg
UIC Law Review
No abstract provided.
Subsequent Use Of Electronic Surveillance Interceptions And The Plain View Doctrine: Fourth Amendment Limitations On The Omnibus Crime Control Act, Raymond R. Kepner
Subsequent Use Of Electronic Surveillance Interceptions And The Plain View Doctrine: Fourth Amendment Limitations On The Omnibus Crime Control Act, Raymond R. Kepner
University of Michigan Journal of Law Reform
Despite the critical examination to which many sections of Title III have been subjected, section 2517(5) has received little serious scrutiny from either the courts or the commentators. This note will analyze the constitutionality of the section in terms of the standards which the Supreme Court has articulated, both with respect to the law of search and seizure generally and with respect to electronic surveillance. This examination will reveal that section 2517(5) cannot be sustained under the existing contours of fourth amendment interpretation.
Book Review, G. S. Friedman
Book Review, G. S. Friedman
Cleveland State Law Review
This entry reviews Prisons: Houses of Darkness by Leonard Orland. The book presents a short history on prisons and their development while also noting the major weaknesses of prisons today. Orland closes this text by suggesting possible reforms to the penal system. He writes that eliminating indeterminate sentences and capping sentences to five years would help to improve America's prison system.
An Analysis Of The Question Of County Jail Reform In Kentucky, William A. Hoskins
An Analysis Of The Question Of County Jail Reform In Kentucky, William A. Hoskins
Kentucky Law Journal
No abstract provided.
Criminal Redistribution Of Stolen Property: The Need For Law Reform, G. Robert Blakey, Michael Goldsmith
Criminal Redistribution Of Stolen Property: The Need For Law Reform, G. Robert Blakey, Michael Goldsmith
Journal Articles
The development of sophisticated fencing systems for the sale of stolen property to consumers has paralleled the industrialization of society. Although crimes against property and attempts to control them have ancient origins, most theft before the Industrial Revolution was committed for immediate consumption by the thieves and their accomplices rather than for redistribution in the market-place. Society's small population, inadequate transportation and communication systems, and technological inability to mass produce identical goods constrained large-scale fencing because there were few buyers and because stolen property could be readily identified. The unprecedented economic and demographic growth in eighteenth-century Europe, however, removed these …
Comment On Structure And Theory, Jerome Hall
Comment On Structure And Theory, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
The Street Perspective: A Conversation With The Police, Patrick L. Baude
The Street Perspective: A Conversation With The Police, Patrick L. Baude
IUSTITIA
Professor Baude's purpose in this discussion is to elicit police officers' comments on what members of the legal profession ought to know about the influence of the "street perspective" in shaping those officers' attitudes towards the criminal justice system and the role they play in it. It is police insistence on the broad validity of insights which only "the street" can provide that accounts for the considerable gulf between "front-line" enforcement officers and other functionaries in (and students of) that system. Law students (and no doubt lawyers) seem uncomfortable with the notion that our system cannot adequately be understood without …
The Systems Approach To Criminal Justice Administration, John Hartje
The Systems Approach To Criminal Justice Administration, John Hartje
Buffalo Law Review
No abstract provided.
A Constitutional Analysis Of Indiana's "Fleeing A Police Officer" Statute, Jane Mallor
A Constitutional Analysis Of Indiana's "Fleeing A Police Officer" Statute, Jane Mallor
Indiana Law Journal
No abstract provided.
Book Review, James W. Ely, Jr.
Book Review, James W. Ely, Jr.
Vanderbilt Law Review
The hypothesis of continuity has now been ably tested and challenged by William E. Nelson's fine book, Americanization of the Common Law. Relying upon years of painstaking research in courthouse files throughout Massachusetts, Nelson utilizes unpublished opinions, court records, and attorneys' notes to fashion a striking interpretation of the significant changes that occurred in Massachusetts law following the Revolution. The author undertakes an analysis of the doctrines of substantive law and techniques of law-making and enforcement in order "to trace the emergence of modern American law... Nelson's stress upon nineteenth century majoritarianism and governmental coercion must be qualified by consideration …
The Future Of Imprisonment, Ronald J. Allen
The Future Of Imprisonment, Ronald J. Allen
Michigan Law Review
A Review of The Future of Imprisonment by Normal Morris
Parole Revocation In North Carolina: The Arrest Of A Parole Violator, Robert J. Robbins Jr.
Parole Revocation In North Carolina: The Arrest Of A Parole Violator, Robert J. Robbins Jr.
North Carolina Central Law Review
No abstract provided.
The Law And Legal Impact Of Contraceptive Use By Minors In North Carolina, Donald M. Wright
The Law And Legal Impact Of Contraceptive Use By Minors In North Carolina, Donald M. Wright
North Carolina Central Law Review
No abstract provided.
The Prisoner's Right To A Statement Of Reasons For Parole Denial: Silence Is Not Always Golden, William Ernsthaft
The Prisoner's Right To A Statement Of Reasons For Parole Denial: Silence Is Not Always Golden, William Ernsthaft
Buffalo Law Review
No abstract provided.
The Eighth Amendment, Beccaria, And The Enlightenment: An Historical Justification For The Weems V. United States Excessive Punishment Doctrine, Deborah A. Schwartz, Jay Wishingrad
The Eighth Amendment, Beccaria, And The Enlightenment: An Historical Justification For The Weems V. United States Excessive Punishment Doctrine, Deborah A. Schwartz, Jay Wishingrad
Buffalo Law Review
No abstract provided.
The North Carolina Penal System: Needed Reform, Charles E. Vickery
The North Carolina Penal System: Needed Reform, Charles E. Vickery
North Carolina Central Law Review
No abstract provided.
Criminal Procedure--Recidivism--Constitutionality Of The West Virginia Recidivist Statute, Cynthia L. Turco
Criminal Procedure--Recidivism--Constitutionality Of The West Virginia Recidivist Statute, Cynthia L. Turco
West Virginia Law Review
No abstract provided.
Disquisition On The Need For A New Model For Criminal Sanctioning Systems, M. Kay Harris
Disquisition On The Need For A New Model For Criminal Sanctioning Systems, M. Kay Harris
West Virginia Law Review
The time is ripe for a major restructuring of our criminal sanctioning systems. Pressures for change are arising from many sources. As crime rates continue to rise and public fear of crime grows apace, thoughtful persons from many walks of life are more strongly articulating the need to find a different method of dealing with those convicted of violating the criminal law. The criminal prosecutions and dispositions arising from Watergate and related cases have brought many of the issues of unequal justice into the thoughts of American citizens. Proposals for criminal and penal code revision await action in legislatures throughout …
Behavior Modification: Winners In The Game Of Life, Richard L. Aynes
Behavior Modification: Winners In The Game Of Life, Richard L. Aynes
Cleveland State Law Review
It is because the officials who administer the penal institutions are firmly committed to "behavior control" as a method of penological re-form that it is important to consider this "new approach" and all of its ramifications. It is to that end that this note will consider the extent and intensity of behavior control programs; the legal ramifications of such programs; and prospects for the future.
Standards For Accepting Guilty Pleas To Misdemeanor Charges, Richard A. Kopek
Standards For Accepting Guilty Pleas To Misdemeanor Charges, Richard A. Kopek
University of Michigan Journal of Law Reform
The guilty plea-not the trial-is the most common manner of disposing of criminal cases in America. It has been estimated that 90 percent of all convictions and 95 percent of misdemeanor convictions are the result of guilty pleas. Various reasons have been advanced to explain this heavy reliance on the guilty plea. For example, it avoids the drain on judicial resources that would occur if all cases had to be tried. In addition, it eliminates the risks and uncertainties of trials and permits flexibility in sentencing. Because of the prevalence of guilty pleas, there must be procedural safeguards to insure …
Book Review, Emily Calhoun Carssow
Project: A Description Of Prerelease In Pennsylvania, Peter L. Feldman, James T. Huber
Project: A Description Of Prerelease In Pennsylvania, Peter L. Feldman, James T. Huber
Villanova Law Review (1956 - )
No abstract provided.
The Realities Of Prisoners' Cases Under 42 U.S.C. § 1983: A Statistical Survey In The Northern District Of Illinois, William S. Bailey
The Realities Of Prisoners' Cases Under 42 U.S.C. § 1983: A Statistical Survey In The Northern District Of Illinois, William S. Bailey
Articles
The purpose of this article is to examine how prisoner section 1983 claims are treated, on a day to day basis, in the United States District Court for the Northern District of Illinois. To this end, all of the available prisoner section 1983 cases filed in the Northern District of Illinois Eastern Division in the years 1971 and 1973 have been reviewed. This material provides the data base for an analysis of the following issues: the veracity of the burden on the courts argument; the variations in the level of consideration given to different categories of prisoner section 1983 claims; …
The Future Of Sentencing Reform: Emerging Legal Issues In The Individualization Of Justice, John C. Coffee Jr.
The Future Of Sentencing Reform: Emerging Legal Issues In The Individualization Of Justice, John C. Coffee Jr.
Faculty Scholarship
The dilemma of the American sentencing judge is qualitatively unique. Because our system of criminal justice has embraced to a degree unequaled elsewhere the rehabilitative ideal that punishment should fit not the crime, but the particular criminal, the sentencing judge must labor to fulfill the dual and sometimes conflicting roles of judge and clinician. Entrusted with enormous discretion, he is expected to "individualize" the sentence he imposes to suit the character, social history, and potential for recidivism of the offender before him. Yet, because of the general absence in our Sentencing Reform system of meaningful procedures for the appellate review …
Parole Revocation And The Right To Counsel, Paul W. Grimm
Parole Revocation And The Right To Counsel, Paul W. Grimm
Faculty Scholarship
No abstract provided.
Evaluations Research In Corrections: Status And Prospects Revisited, Ilene Nagel Bernstein
Evaluations Research In Corrections: Status And Prospects Revisited, Ilene Nagel Bernstein
Articles by Maurer Faculty
No abstract provided.