Law Enforcement and Corrections Commons^™

The Street Perspective: A Conversation With The Police, Patrick Baude, James F. Gallagher

Articles by Maurer Faculty

No abstract provided.

Conjugal Visitation Rights And The Appropriate Standard Of Judicial Review For Prison Regulations, Michigan Law Review

Michigan Law Review

Conjugal visitation rights allow prison inmates and spouses to visit privately and have sexual relations. A number of countries, particularly in Latin America, permit conjugal visits. Although in the United States only Mississippi and California currently permit conjugal visitation, the experience of these two states shows that such programs are workable. Conjugal visitation has met with varied reaction in the literature, but persuasive arguments have been made that it would offer potential psychological benefits to the prisoner, reduce prison homosexuality, and allow the inmate to preserve his or her marital ties. Nevertheless, the reaction of penal administrators in this country …

Legislative Regulation Of Searches And Seizures: The Michigan Proposals, Jerold H. Israel

Articles

IN March 1971, the Michigan Bar Commissioners appointed a twenty-five-member committee with a directive "to promulgate a recommended revision of the Code of Criminal Procedure codifying existing statutory and case law provisions which, in the judgment of the Committee, should be retained and adding thereto such provisions as the Committee, in its judgment, deems warranted; and to incorporate such recommendations into proposed legislation for submission to the Legislature."' The committee membership included judges, prosecutors, legislators, criminal defense lawyers, law school professors, and representatives of Michigan police and corrections agencies.2 Judge Horace Gilmore served as Chairman, and I served as Reporter.

Judicial Examination Of The Accused--A Remedy For The Third Degree, Paul G. Kauper

Michigan Law Review

Reprint from 30 Michigan Law Review 1224.

In its report on "Lawlessness in Law Enforcement" the Wickersham Commission concludes that in the police systems of a number of American municipalities the "third degree" is very generally practiced as a means of extorting from accused persons under arrest confessions, incriminating statements, and other information of value to the police. The conclusion of the Commission confirms the results of private investigation made in the same field. It is true that the methods of inquiry pursued by the Commission leave doubt as to the accuracy of some of the facts reported. But the …

Kauper's 'Judicial Examination Of The Accused' Forty Years Later—Some Comments On A Remarkable Article, Yale Kamisar

Articles

For a long time before Professor Paul Kauper wrote "Judicial Examination of the Accused" in 1932, and for a long time thereafter, the "legal mind" shut out the de facto inquisitorial system that characterized American criminal procedure. Paul Kauper could not look away. He recognized the "naked, ugly facts" (p. 1224) and was determined to do something about them -more than thirty years before Escobedo v. Illinois' or Miranda v. Arizona.2

Photo Essay: On The Street, John G. Hopper

IUSTITIA

When people speak of crime in the streets, they invariably refer to cold statistics or a report from a governmental agency as a source of information. There is however another source of information on the subject-that of personal experience. It is the unique experience that urban police sometimes refer to as being "on the street". The following is this photographer's impression of spending several winter nights on the streets with an urban police force.

A Prisoner's Right To A Protective Transfer From State To Federal Prison, Dale M. Iwataki

Indiana Law Journal

No abstract provided.

State V. Dix: Common Law Kidnapping Requires A Substantial Asportation And An Increased Risk Of Harm, North Carolina Central Law Review

North Carolina Central Law Review

No abstract provided.

United States V. Dzialak: The General Search Warrant - A Void In Judicial Logic, Michael F. Easley

North Carolina Central Law Review

No abstract provided.

The Future Of Imprisonment: Toward A Punitive Philosophy, Norval Morris

Michigan Law Review

Proper use of imprisonment as a penal sanction is of primary philosophical and practical importance to the future of society. With the increasing vulnerability of our social organization and the growing complexity and interdependence of governmental structures, reassessment of appropriate limits on the power that society should exercise over its members becomes increasingly important. Perhaps if the "prison problem" is solved, many of the uneasy tensions between freedom and power in postindustrial society will diminish. The effort made here will, I hope, contribute to the solution of the "prison problem" by offering a new model of imprisonment that recognizes fundamental …

Realistic Preparation For Life Outside Prison, Terry M. Luce

North Carolina Central Law Review

No abstract provided.

Kirby, Biggers, And Ash: Do Any Constitutional Safeguards Remain Against The Danger Of Convicting The Innocent?, Joseph D. Grano

Michigan Law Review

Even recognizing the danger of misidentification, procedural safeguards, especially constitutional ones, are not readily apparent. Some judges, such as Justice Stewart, find less need for counsel at photographic displays than at lineups; others find an equivalent or even greater need for counsel. Some judges, in approving on-the-scene identifications without counsel, find a guarantee of accuracy in the short interval between the crime and the identification; other judges decry such procedures and find them inherently suggestive. The problem stems directly from the lack of scientific knowledge and inquiry. Therefore, in analyzing the recent identification cases, this Article will draw upon experimental …

Jails And Lockups In Indiana: A Case Of Neglect, Robert G. Culbertson, James A. Decker

Indiana Law Journal

No abstract provided.

Implications Of Morrissey V. Brewer For Prison Disciplinary Hearings In Indiana, Marcia W. Sullivan

Indiana Law Journal

No abstract provided.

Book Review- Police Corruption: A Sociological Perspective, Peter J. O'Connor

Fordham Urban Law Journal

The author reviews the book Police Corruption: A Sociological Perspective, edited by Lawrence W. Sherman. He concludes that Mr. Sherman's book affords a welcome insight into a persistent problem. Too often lawyers treat problems which are sociological in nature as legal problems only. For that reason, the reviewer highly recommends the book to all lawyers.

Pilot Justice Project: A Survey Of Six Indiana County Jails, Robert Leirer Justice, Ann Glendening, Sharon Wildey

Indiana Law Journal

No abstract provided.

Police Discretion With Respect To The Juvenile Offender, Department Of Public Safety, Multnomah County, Oregon, Muriel Bridges, Monty Merritt

Dissertations and Theses

This is an exploratory study which focuses on the types of information that deputies assigned to the Department of Public Safety, Multnomah County, Oregon, consider important when making a decision regarding the disposition of a juvenile offender.

This empirical study developed as a result of participant observation. The authors spent one year working with deputies as part of police-social worker teams. During the course of the year it became apparent that police use a considerable amount of discretion when determining the disposition of a juvenile offender.

The purpose of this exploratory study was to investigate systematically:

1. the types of information …

Elevation Of Entrapment To A Constitutional Defense, Robert H. Thomson Iii

University of Michigan Journal of Law Reform

The issue of entrapment arises initially as a defense when a person is accused of committing a criminal act in which government agents solicited, and perhaps actively participated in, the conduct for which the defendant stands accused. Classic entrapment situations occur when law enforcement officers, through agents or informers, solicit an illegal transaction, such as the sale of contraband. The evidence thereby obtained is used to support the prosecution of the individual accepting the solicitation. Solicitation is an important technique of law enforcement because evidence of illegal transactions is often impossible to obtain by other methods. Certain uses of solicitation …

Protection Of Privacy Of Computerized Records In The National Crime Information Center, Stuart R. Hemphill

University of Michigan Journal of Law Reform

The purpose of this article is to describe the social benefits and costs of the NCIC and to indicate the need for a program of operational controls to temper the system's impact on the balance between individual privacy and law enforcement needs. Various approaches which could be incorporated into a program of safeguards are introduced and briefly analyzed. Finally, the article discusses several overall design issues which should be considered in the construction of an adequate program of safeguards. Particular emphasis is placed on the NCCH file since it is the major source of the tensions underlying the issues addressed.

Federal Habeas Corpus: Limitations On Successive Applications From The Same Prisoner, Richard A. Williamson

William & Mary Law Review

No abstract provided.

Correctional System Needs, Susan S. Cole

IUSTITIA

One of the most difficult and pressing problems now facing local, state and national leaders is the failure of the criminal justice system. There is ample evidence of the system's failure: during the years 1960 to 1969, when the population increased by 13%, crime increased 1487,' and it is still increasing. Yet, correctional institutions do not appear to be places where criminal behavior is changed or where offenders are rehabilitated. They appear to be, instead, places where offenders are exposed to the most advanced criminal techniques and the most extreme anti-social behavior. Recidivism rates are estimated as high as 8070.

Sentencing: The Probation Officer, James Lowenthal

IUSTITIA

Sentencing offenders of the criminal law is a widely diverse and complex problem. Few guidelines are available for those upon whom the task has been thrust. Depending upon the jurisdiction, various parties are responsible for sentence determination: juries, administrative agencies, legislatures, and judges. Most jurisdictions, however, require the judge to make the final determination.' To aid in this determination, many jurisdictions, including federal district courts, require or permit judges to consider a presentence investigation report prepared by a professional probation officer. The use of these reports and recommendations are generally limited to felony cases or to specific crimes where probation …

The Corner, Sharon Wildey

IUSTITIA

The clang of the door caused Roger's stomach to tighten, as he stood helplessly watching that black iron thing restricting his freedom. Several minutes later he turned and glanced around the cell . .. only wanting to learn the room well enough not to fall over anything.

The ultimate insult of nothingness surrounded Roger. He fell on the bunk and stared ... then slept.

An hour later Roger jerked awake at the sound of a metal key turning in the lock. Walking in with Sheriff Conrad was the Probation Officer, Mr. Wilson. He was a smiling young guy who talked …

Protest: A Forensic Concept, L. Michael Kosanovich

IUSTITIA

Today's police administrators need administrative policy statements that can be easily followed by individual officers in reacting to civil disorders.' Historical analysis reveals a system in which the police have deepened racial divisions in the United States by failing to cope with problems in ghetto areas. Employing careless policies, sometimes initiated by the police chief and other times initiated by the individual officer, the police have shown weaknesses in two major areas. First, the police have no established procedures to follow when civil disturbances erupt. Second, the police have over-reacted to civil disturbances, apparently manifesting anti-black fury by means of …

Corrections Law—Right To Counsel At Preliminary Parole Revocation Hearings In New York State To Be Determined By The Parole Board On Case-By-Case Basis., Peggy Rabkin

Buffalo Law Review

People ex rel. Galloway v. Skinner, 33 N.Y.2d 23, 300 N.E.2d 716, 347 N.Y.S.2d 178 (1973).

Kind And Usual Punishment. By Jessica Mitford., Daniel Nobel

Buffalo Law Review

No abstract provided.

The Application Of Legal And Business Policies To State Prison Industries, Daniel Pramuk, Gregory Robinson, William Rotzien

IUSTITIA

The Prison Industries (P.I.) division of the Indiana State Department of Correction presented the challenge of a business function that must be carried out to achieve policy goals established by the legislature. The legal constraints imposed upon P.I. present barriers unique to the regular business community, and yet, analysis of conventional business planning provides a starting point for an analysis of P.l's plan and its implementation, and provides a guide for posing alternative plans. The Pendleton Reformatory was chosen for observation of P.I. in operation and its relation to the prison as an institution.

Unionizing America's Prisons - Arbitration And State-Use, Sarah M. Singleton

Indiana Law Journal

No abstract provided.

Correspondence Between Axel Springer Publishing House And Department Of Correctional Services, State Of New York, Department Of Correctional Services, Axel Springer Publishing House

Post-Trial Proceedings

No abstract provided.

Parole Release Decision-Making: Rehabilitation, Expertise, And The Demise Of Mythology (With R. Kastenmeier), Howard C. Eglit

All Faculty Scholarship

No abstract provided.