Law Enforcement and Corrections Commons^™

A Sentencing Problem: How Far Is A Fall From Grace, H. H. A. Cooper

Cleveland State Law Review

It is now almost universally accepted that there are three possible bases underlying sentences imposed by the Courts, following some breach of the criminal law. These are generally described as retribution, deterrence and reformation. Occasionally these qualities are considered in combination under some such title as the "aims of penal measures." Another factor, ever present in a vague though influential form, now seems to be emerging from the shadows to assume more definite shape. Yet to materialize is its relationship to the other established, uncontroverted aims. The emergent element may conveniently be termed "public disapproval," under which may be subsumed …

Lafave: Arrest: The Decision To Take A Suspect Into Custody, B. J. George Jr.

Michigan Law Review

A Review of The Decision To Take a Suspect Into Custody by Wayne R. LaFave

A Dissent From The Miranda Dissents: Some Comments On The 'New' Fifth Amendment And The Old 'Voluntariness' Test, Yale Kamisar

Articles

F the several conferences and workshops (and many lunch conversations) on police interrogation and confessions in which I have participated this past summer3 are any indication, Miranda v. Arizona' has evoked much anger and spread much sorrow among judges, lawyers and professors. In the months and years ahead, such reaction is likely to be translated into microscopic analyses and relentless, probing criticism of the majority opinion. During this period of agonizing appraisal and reappraisal, I think it important that various assumptions and assertions in the dissenting opinions do not escape attention.

The Rights Of Prisoners While Incarcerated, David Gerald Jay

Buffalo Law Review

No abstract provided.

Order And Civil Liberties: A Complex Role For The Police, George Edwards

Michigan Law Review

The Honorable Edward J. Jeffries was Mayor of the City of Detroit at the time. He was a great mayor; but he had not known that this terror was imminent or that it was even possible. This attitude was shared by most of the city's residents, and to say that Detroit was not ready for this outburst of racial strife would be to put it mildly. In this respect, every mayor in America would find it useful to read a recent journalistic account of the events of that twenty-four-hour period. The authors of this commentary were not very kind in …

Controlling The Police: The Judge's Role In Making And Reviewing Law Enforcement Decisions, Wayne R. Lafave, Frank J. Remington

Michigan Law Review

We have chosen to focus here upon judicial involvement (1) in determining whether arrest and search warrants should issue and (2) in reviewing such decisions after they have been executed (and, perhaps, made) by police officials. A comparison of some recent findings respecting the actual practice at the trial level with the "ideal" as set forth in appellate opinions may allow some conclusions to be drawn both as to the present effectiveness of appellate rulings on these subjects and as to the ultimate feasibility of further implementation of those rulings. Finally, since the exclusionary rule is, theoretically at least, one …

A Critical Study Of The Probate System In West Virginia--Ii, Robert J. Riley Jr.

West Virginia Law Review

No abstract provided.

Nature Of The Problem Of Police Brutality, Robert J. Bowers

Cleveland State Law Review

To properly appraise the oft-bruited problem of police brutality, one should first consider how investigatory duties came to devolve upon the police in the United States.

A Critical Study Of The Probate System In West Virginia--I, Robert G. Riley Jr.

West Virginia Law Review

The probate system in effect in West Virginia has been the subject of much criticism in recent years. Much of this criticism emanates from attorneys familiar with the operation of the system. For more than a decade, a standing committee of the West Virginia State Bar Association has striven to arrive at a proposal which would offer “comprehensive improvement of the West Virginia law and procedure relating to the probate of wills, ... and allied matters .... " There is widespread and continuing concern about the probate system. This paper will review that system, note principal criticisms of it and …

Federal Power To Seize And Search Without Warrant, Philip M. Carden

Vanderbilt Law Review

Mr. Garden here explores the history and development of the power of federal officers to seize and search without warrant. The study is divided into the power to search persons, places, vehicles, and to seize things The author concludes that, with a limited exception, no federal power of search or seizure of persons or property without prior special warrant can be derived from the federal constitution. Finally, the author suggests that the Supreme Court may refuse to follow its dicta upholding the federal power to search and seize without warrant if the proper case is brought before it.

Police Discretion And Traffic Law Enforcement, Hayes Elder

Washington Law Review

But, society, in its desire to secure our future safety on the highways, must not be driven by these alarming statistics to sacrifice personal freedoms. Although the first concern with traffic safety laws is to increase the motorist's chance for survival, these traffic laws, and the enforcement of them, create other problems that can undermine values fundamental to our society. This comment will discuss some of these problems, and shall suggest a possible course for our legislative bodies that may best effect greater traffic safety, and at the same time preserve the other values. For the sake of comprehension and …

Executive And Judicial Banishment Compared

Washington and Lee Law Review

No abstract provided.

Police Refusal Of A Blood Test As Suppression Of Evidence

Washington and Lee Law Review

No abstract provided.

Crime Control - Whose Responsibility Is It?, Howard B. Gill

William & Mary Law Review

No abstract provided.

Book Review, Rudolf H. Heimanson

Cleveland State Law Review

Reviewing Sol Rubin, The Law of Criminal Correction, West Pub. Co., 1963

The New Scope Of Federal Habeas Corpus For State Prisoners, Willard D. Lorensen

West Virginia Law Review

The year 1963 may be marked as another milestone in the evolution of the federal writ of habeas corpus. Two recent decisions of the United States Supreme Court have resolved with long needed clarity two threshold problems that face a district court when application for the writ comes from a state prisoner: (1) what issues may be raised and (2) what effect is to be given previous state court consideration of these same issues. Though storms of protest resounded a decade ago about abuse of the writ, the habeas corpus scene in more recent years has been relatively quiet. While …

An Examination And Analysis Of Current Supervisory Development Programs In Municipal Police Departments, Stanley W. Kelley

Masters Theses

Introduction

The modern policeman has one of the most complex and heterogeneous jobs to perform in our society. He is expected to be a combination of several specialists, each one requiring a high degree of competency and special skills. He is required to be a social case worker when dealing with juveniles, a psychologist when handling psychopaths, and a doctor when working accident patrol. He needs to be a methodical chemist when conducting criminal investigations and a congenial public relations man when working on traffic control.

Can such a jack-of-all-trades possibly be a master of any? It is true that …

Study Of Law Enforcement, Committee On The Administration Of Justice In The Commonwealth Of Kentucky, W. L. Matthews Jr., John B. Breckinridge

Kentucky Law Journal

No abstract provided.

Police Power--Right To Maintain Roadblock--Display Of Drivers License On Demand, H. Hamilton Rice Jr.

Kentucky Law Journal

No abstract provided.

Negligent Behavior Should Be Excluded From Penal Liability, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Penology On Appeal: Appellate Review Of Legal But Excessive Sentences, Gerhard O.W. Mueller

Vanderbilt Law Review

Mr. Mueller traces the development of the technique of sentence appeals in relation to the evolution of penological theory and examines the practices of representative American jurisdictions in this area. In evaluating the status of the law, the author's reasoned judgment is that too few appellate courts have the power to review excessive sentences, and that even these courts do not exercise their power in terms of functional penology.

Legal, Medical And Psychiatric Considerations In The Control Of Prostitution, B. J. George Jr.

Michigan Law Review

In common with other nations of the world the United States today as in the past is faced with the problem of controlling prostitution, particularly in urban areas. At one time or another states and cities in the United States have experimented with the classic methods of controlling prostitution: reglementation, segregation and repression. Reglementation of individual houses or prostitutes has never been carried out on a statewide basis in any state in the United States, though one can find instances in certain large cities in the nineteenth and early twentieth centuries in which city ordinances or de facto police regulations …

Constitutional Law-Civil Rights-Solitary Confinement Of Prisoner's Based On Religious Belief, Harvey Friedman

Michigan Law Review

Plaintiff prisoner brought an action in a federal district court under the Civil Rights Act to enjoin the defendant, a New York state prison warden, from further subjecting him to solitary confinement because of his religious beliefs. The district court refused to take jurisdiction on the ground that solitary confinement involved state prison discipline which was reviewable only in state courts. On appeal, held, reversed, one judge dissenting. A complaint by a prisoner against a state prison official which charges violation of a "preferred freedom" by religious persecution states a claim under the Civil Rights Act which the district …

Parole Revocation In Ohio, Robert L. Tuma

Cleveland State Law Review

Can the Pardon and Parole Commission declare a paroled convict to be a parole violator before the expiration of the maximum period of his sentence without notice or hearing, according to t!he laws of Ohio and the Federal Constitution? Also, is such action by the Commission reviewable by habeas corpus proceedings, even though such convict is returned to an institution because of such action?

Police View Of The Intoxicant, Leo R. Collins

Cleveland State Law Review

Many law enforcement officers have found, on being subjected to cross-examination, that in their efforts to arrest an intoxicant they had failed to gather enough competent evidence illustrating the intoxicant's condition at the time of arrest. As a result of many "not guilty" verdicts, modern law enforcement agencies have progressed from the time when an officer would merely ask the subject to repeat a rhyme that the subject would find difficult to say if he were drunk, to modern methods where intoximeter or other machine tests, movies, and tape recordings are used to supplement the officer's report.

Parole Revocation In Ohio, Robert L. Tuma

Cleveland State Law Review

Can the Pardon and Parole Commission declare a paroled convict to be a parole violator before the expiration of the maximum period of his sentence without notice or hearing, according to t!he laws of Ohio and the Federal Constitution? Also, is such action by the Commission reviewable by habeas corpus proceedings, even though such convict is returned to an institution because of such action?

Police View Of The Intoxicant, Leo R. Collins

Cleveland State Law Review

Many law enforcement officers have found, on being subjected to cross-examination, that in their efforts to arrest an intoxicant they had failed to gather enough competent evidence illustrating the intoxicant's condition at the time of arrest. As a result of many "not guilty" verdicts, modern law enforcement agencies have progressed from the time when an officer would merely ask the subject to repeat a rhyme that the subject would find difficult to say if he were drunk, to modern methods where intoximeter or other machine tests, movies, and tape recordings are used to supplement the officer's report.

Capital Punishment: The Moral Issue, Orvill C. Snyder

West Virginia Law Review

No abstract provided.

Consecutive And Concurrent Sentences--A Comment, J. Alexander Creasey

West Virginia Law Review

No abstract provided.

Should Ohio Abolish Capital Punishment, Richard J. Goetz

Cleveland State Law Review

In view of all the controversy surrounding this topic, it is interesting to review the history of the death penalty in Ohio, in other states, and elsewhere in the world.