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Full-Text Articles in Law Enforcement and Corrections

Evidence - Wiretapping And The Congress, Richard W. Pogue S.Ed. Jan 1954

Evidence - Wiretapping And The Congress, Richard W. Pogue S.Ed.

Michigan Law Review

The familiar cry that "there ought to be a law" is frequently raised concerning the practice which Justice Holmes long ago characterized as "dirty business" - the tapping of telephone wires. Although existing legislation on both federal and state levels deals with interception of telephone messages, the almost universal conclusion of commentators on the subject has been that many of the present day statutes are inadequate. It is particularly apparent that the famous section 605 of the Federal Communications Act of 1934 has long been in need of replacement or thorough revision. The purpose of this comment is to examine …


Problems In The Sociology Of Law And Law Enforcement, Arnold M. Rose Dec 1953

Problems In The Sociology Of Law And Law Enforcement, Arnold M. Rose

Journal of Legal Education

No abstract provided.


Suretyship-Scope Of Liability Of Surety For Police Officer Forinjuries Inflicted Through Misconduct Of Officer. [Maryland] Mar 1953

Suretyship-Scope Of Liability Of Surety For Police Officer Forinjuries Inflicted Through Misconduct Of Officer. [Maryland]

Washington and Lee Law Review

No abstract provided.


Probation And The Law, Angelo J. Gagliardo Jan 1953

Probation And The Law, Angelo J. Gagliardo

Cleveland State Law Review

Probation, the most modern concept in the administration of criminal justice, has been characterized as the correctional procedure and most worthy of a democracy because it recognizes basic human values. As such, it constitutes a democratic faith in the ability to the average offender to solve his difficulties within the framework of our democracy. While the aim of any probation system is to protect society, it has become apparent that society can best be protected by efforts which are aimed at conserving its human resources. Advances in the understanding of human behaviour and motivation have provided new and challenging principles …


Ex Parte Deprivation Of Telephone Service To Alleged Gamblers - Police Power Vs. Constitution, Jules L. Kaufman Jan 1953

Ex Parte Deprivation Of Telephone Service To Alleged Gamblers - Police Power Vs. Constitution, Jules L. Kaufman

Cleveland State Law Review

The question is still much in a state of flux as to whether or not such regulations as Ohio Public Utilities Commission, Order No. 22,305,and actions taken thereunder, constitute an unconstitutional denial of due process. The large majority of cases, many of which have been decided by public utilities commissions, however, uphold the right of the telephone company to discontinue service summarily at the request of a law enforcement agency without the necessity of any further proof of illegal use of the equipment. With respect to the burden of proof as regards the legality or illegality of use and the …


Science And Reform In Criminal Law, Jerome Hall Jan 1952

Science And Reform In Criminal Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


Criminal Law Administration Prior To Trial: Recent Constitutional Developments, Paul H. Sanders Jun 1951

Criminal Law Administration Prior To Trial: Recent Constitutional Developments, Paul H. Sanders

Vanderbilt Law Review

Probably the most pervasive dilemma in human experience is that which poses the choice with respect to the use of normally-condemned means in order to attain what are considered to be desirable ends. The field of criminal law administration offers a particularly apt illustration of the dilemma in modern society. The actual, day-to-day methods of operation of our law enforcement officers, prosecutors, judges and other officials concerned with the investigation, trial and punishment of those charged with crime,--all reflect the choice that has been made in fact by our society. We can each judge, within the limits of our experience, …


Judicial Review Of Removals Of Municipal Policemen And Firemen In Indiana Apr 1951

Judicial Review Of Removals Of Municipal Policemen And Firemen In Indiana

Indiana Law Journal

No abstract provided.


Re-Examination Of The Right Of An Officer To Kill A Fleeing Suspected Felon, Delmer Ison Jan 1951

Re-Examination Of The Right Of An Officer To Kill A Fleeing Suspected Felon, Delmer Ison

Kentucky Law Journal

No abstract provided.


The Proposal To Prepare A Model Penal Code, Jerome Hall Jan 1951

The Proposal To Prepare A Model Penal Code, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


Freedom From Unreasonable Search And Seizure-A Second Class Constitutional Right?, Charles A. Reynard Apr 1950

Freedom From Unreasonable Search And Seizure-A Second Class Constitutional Right?, Charles A. Reynard

Indiana Law Journal

No abstract provided.


Killing A Suspected Felon Fleeing To Escape Arrest, Delmer Ison Jan 1950

Killing A Suspected Felon Fleeing To Escape Arrest, Delmer Ison

Kentucky Law Journal

No abstract provided.


Killing A Suspected Felon Fleeing To Escape Arrest, Gerald Robin Griffin Jan 1950

Killing A Suspected Felon Fleeing To Escape Arrest, Gerald Robin Griffin

Kentucky Law Journal

No abstract provided.


Defense Available In Kentucky To Peace Officer Who Kills Misdemeanant, J. Pelham Johnston Jan 1949

Defense Available In Kentucky To Peace Officer Who Kills Misdemeanant, J. Pelham Johnston

Kentucky Law Journal

No abstract provided.


Report Of The State Penal And Correctional Survey Commission, Jerome Hall Oct 1948

Report Of The State Penal And Correctional Survey Commission, Jerome Hall

Indiana Law Journal

No abstract provided.


Law Enforcement In Colonial New York: A Review, Albert J. Harno Dec 1944

Law Enforcement In Colonial New York: A Review, Albert J. Harno

Michigan Law Review

This book is a landmark in American legal history. Legal scholars have long lamented the fact that there was no authoritative work on colonial law. Historians have, to be sure, taken excursions into the field, but for the most part this, until the study here reviewed, was virgin territory. The undertaking called for more than the gifts of a historian. It demanded the talents and insight of a legal historian. The authors are legal historians. Professor Goebel particularly is a well-known figure in the field of legal history. The study covers a limited field; it is restricted to criminal procedure …


Abstracts, Mary Jane Plumer Apr 1944

Abstracts, Mary Jane Plumer

Michigan Law Review

The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.


Conclusiveness Of Sheriff's Return Apr 1944

Conclusiveness Of Sheriff's Return

Indiana Law Journal

Procedure Note


Evidence-Police Regulation By Rules Of Evidence-Results Of The Mcnabb Case, John B. Waite Apr 1944

Evidence-Police Regulation By Rules Of Evidence-Results Of The Mcnabb Case, John B. Waite

Michigan Law Review

In McNabb v. United States the Supreme Court promulgated novel judicial legislation, the gist of which is that confessions or admissions of crime made while the accused is in custody without having been brought before a magistrate as required by law are inadmissible in evidence. That judicial pronouncement assumed that the utterances were made without compulsion, and prohibited their use solely because at the time they were made the officers of justice were themselves disregarding the law-the procedural requirement that persons arrested be taken immediately before a magistrate. In Justice Frankfurter's phrase, "a conviction resting on evidence secured through such …


Evidence-Police Regulation By Rules Of Evidence, John Barker Waite Feb 1944

Evidence-Police Regulation By Rules Of Evidence, John Barker Waite

Michigan Law Review

The judicial rules of Evidence, said their great expounder, "were never meant to be an indirect process of punishment." Yet twice the Supreme Court has promulgated new rules of evidence for precisely that purpose. The rule that evidence is inadmissible, regardless of its relevance and materiality, if it was obtained by unreasonable search was first suggested by Justice Bradley, who wrote the majority opinion in Boyd v. United States in 1886. The other rule was voiced in 1943 by Justice Frankfurter, writing the majority opinion in McNabb v. United States. And each rule demonstrates the inherent evil of judicial …


The Prevention Of Repeated Crime, John B. Waite Jan 1943

The Prevention Of Repeated Crime, John B. Waite

Michigan Legal Studies Series

Though this study is concerned fundamentally with the prevention of crime, it deals only with that part of the field wherein prevention of further crime is sought through treatment of known criminals. The whole field of crime prevention is, of course, much wider than that particular part. With a reasonable degree of logical distinction, it represents five major divisions of particularized interest. The first involves the question of what activities are to be considered as crimes and ought, as such; to be prevented. The second division assumes that a crime has been committed and covers the various activities by which …


Arrest Without A Warrant In West Virginia, Marlyn E. Lugar Jun 1942

Arrest Without A Warrant In West Virginia, Marlyn E. Lugar

West Virginia Law Review

No abstract provided.


The Youth Correction Authority Act: Progress Or Menace?, Jerome Hall Jan 1942

The Youth Correction Authority Act: Progress Or Menace?, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


Book Review. Radzinowicz, L. And Turner, J. W. Cecil (Eds.), Penal Reform In England, Jerome Hall Jan 1941

Book Review. Radzinowicz, L. And Turner, J. W. Cecil (Eds.), Penal Reform In England, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


Book Review. Hatcher, W. B., Edward Livingston, Jerome Hall Jan 1941

Book Review. Hatcher, W. B., Edward Livingston, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


Searches And Seizures - Constitutionality Of Statute Providing For Issuance Of Search Warrant On Affidavit On Information And Belief, William C. Wetherbee Dec 1940

Searches And Seizures - Constitutionality Of Statute Providing For Issuance Of Search Warrant On Affidavit On Information And Belief, William C. Wetherbee

Michigan Law Review

Plaintiff demanded a writ of prohibition against the defendant, a justice of the peace, to prevent his proceeding to determine ownership of trademarked milk bottles seized from plaintiff's milk truck under a search warrant. A statute required the issuance of a search warrant when any person made affidavit that he had reason to believe and did believe that trademarked receptacles were being wrongfully held. Held, writ of prohibition granted since the statute was unconstitutional in requiring the issuance of a search warrant without a showing of facts constituting probable cause, and in allowing the affiant instead of the judicial …


Evidence - Federal Communications Act - Admissibility Of Evidence Which Became Accessible By Wire-Tapping, Edmond F. Devine May 1940

Evidence - Federal Communications Act - Admissibility Of Evidence Which Became Accessible By Wire-Tapping, Edmond F. Devine

Michigan Law Review

Petitioners were convicted under a federal indictment for frauds on the revenue. The United States Supreme Court reversed the conviction on the ground it was obtained by use of evidence secured in violation of section 605 of the Communications Act of 1934 by wire-tapping. A new trial resulted in conviction and eventually the Supreme Court granted a writ of certiorari to consider the question whether evidence indirectly obtained by that wire-tapping could be admitted despite the first holding. Held, such evidence is inadmissible on the basis that to rule otherwise would largely nullify the doctrine previously laid down. Nardone …


Arrest - Searches And Seizures - Reasonable Ground For Arrest Without Warrant, Michigan Law Review Apr 1940

Arrest - Searches And Seizures - Reasonable Ground For Arrest Without Warrant, Michigan Law Review

Michigan Law Review

The defendant was indicted for receiving and concealing seventy grains of heroin unlawfully imported into the United States. The government proposed to introduce the seized drug in evidence at the trial of the defendant. It appeared that the federal narcotic agent who had made the arrest without a warrant had seen the defendant enter and leave a grocery store. in which narcotic transactions were known to have taken place, He knew the defendant to be an addict, and immediately preceding the arrest, in accordance with a prearranged code, he had been informed by a companion of the defendant, known to …


Book Review. Rusche, G. And Kirchheimer, O., Punishment And Social Structure, Jerome Hall Jan 1940

Book Review. Rusche, G. And Kirchheimer, O., Punishment And Social Structure, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


Searches And Seizures - Effect Of Coercion - Waiver Of Constitutional Privilege By Wife In Husband's Absence, Michigan Law Review May 1939

Searches And Seizures - Effect Of Coercion - Waiver Of Constitutional Privilege By Wife In Husband's Absence, Michigan Law Review

Michigan Law Review

The defendant and his son were shot as prowlers while they were taking a "short-cut" through the informant's barnyard. They managed to reach home, where after a physician's treatment they were placed under arrest and taken to jail on a charge of stealing the informant's chickens. Later some of the arresting officers returned to the defendant's home without a search warrant. Whether or not the wife's consent was secured is disputed, but a search was made of the defendant's henhouse, and thirty-one chickens were seized as stolen property. Before the commencement of the trial, a motion filed by the defendant …