233 research outputs found

    Crime Statistics We Would Like to See

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    Every day government agencies, especially those involved in law enforcement, deluge us with crime statistics intended to impress upon us the view that we are undergoing a crime wave and that more police, prosecutors, and prisons, as well as new and tougher laws, are needed

    SWATstika Policing

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    At 9:35 p.m. on Tuesday, Jan. 24, 2006, in Fairfax county, Virginia, a police SWAT team, armed to the teeth, decked out in battle fatigues, helmets, flak vests, and other military accouterments, arrived at the townhouse of Dr. Salvatore J. Culosi, Jr., a 37-year old optometrist. Culosi was a suspected bookie who had been making illegal sports bets from his home, and Fairfax police had obtained a warrant for his arrest and a search warrant to search his residence for gambling paraphernalia. Culosi had no history of violent behavior and his alleged crimes were nondangerous, but the practice in Fairfax county is for the local SWAT team to serve almost all search warrants. The unarmed, unresisting Culosi was in front of his residence when they arrived, weapons drawn in accordance with police protocol. As they began encircling Culosi, one of the officers, apparently accidentally, fired his large .45 cal. Heckler & Koch handgun, striking Culosi in the chest and killing him instantly. Predictably, the fearsome, fascistic trend towards militarizing American police by, among other things, transforming the serving of warrants into paramilitary commando operations, had resulted once again in lethal police violence and the unjustified death of an American citizen

    Circumstances Undetermined: Dorothy Kilgallen and JFK\u27s Murder

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    This article reviews the mysterious circumstances surrounding reporter Dorothy Kilgallen\u27s death and the assassination of President John F. Kennedy

    The Great Writ: No Longer as Dear to the Tories as to the Whigs -- A Critique of Senator Nunn\u27s Habeas Corpus Article

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    The days of praise for the Great Writ from all political quarters are over. Today the legal literature includes a growing body of articles lashing out at the modern federal habeas corpus remedy for state prisoners authorized by 28 U.S.C. § 2254 and advocating statutory changes to make it more difficult to obtain Section 2254 relief. In the vanguard of these articles are those by conservative political figures or law enforcement officials. In 1984 this criticism of the Section 2254 remedy in scholarly journals arguably reached its zenith, in terms of degree of harshness, when the attorney general of Alabama published an article purporting to debunk the Great Writ. I propose to critique one of these articles attacking the Section 2254 remedy. The article I have chosen was written by Georgia\u27s senior U.S. Senator, Sam A. Nunn, and published in this journal in 1983 [5 Woodrow Wilson J.L. 1]. I have chosen Sen. Nunn\u27s article for several reasons. First, I believe it is beautifully representative of the anti-Section 2254 literature. For example, the article contains a brief statement of the historical argument against postconviction habeas corpus relief that has become de rigueur in articles seeking the curtailment of such relief. Second, Sen. Nunn is not only a rising statesman and distinguished political leader; he is also a fellow Georgian and member of the Georgia bar. And it seems important to me that the people of Georgia be fully informed concerning whether, at least in the matter of Section 2254, Sen. Nunn may not have fallen into error for once

    A Civil War Lynching in Athens

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    Recently, while reading E. Merton Coulter\u27s classic history of antebellum Athens, College Life in the Old South (UGA Press, 1983 reprint), I came across a reference on page 247 to an Athens lynching occurring early in the Civil War. Having checked into the matter, I can now announce that, indeed, there definitely was at least one lynching in Athens prior to 1882. This lynching, possibly but not probably the first lynching in Athens, took place on Wednesday, July 16, 1862

    A Most Deplorable Paradox : Admitting Illegally Obtained Evidence in Georgia--Past, Present, and Future

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    This Article explores the admissibility of illegally obtained evidence in Georgia criminal cases prior to 1961 and during the post-Mapp era and endeavors to assess the future admissibility of illegally seized evidence in Georgia under both federal and state law

    Convicting and Unconvicting the Innocent

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    When justice disappears, Immanuel Kant wrote, it is no longer worth while for men to live on earth. Justice disappears where there is injustice, and the most glaring form of injustice is the erroneous conviction of the innocent. Indeed, the greatest injustice that a legal system can perpetrate against the individual is to punish him or her for a crime they didn\u27t commit, while the ne plus ultra of injustices is the wrongful conviction and subsequent execution of an innocent person. Viewed in this light, what is the current state of justice in America? Is the problem of convicting, even executing, innocent persons anything more than a theoretical problem

    Police Are the Problem

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    How did a country dedicated to the protection of human rights get into this predicament? There are a number of reasons, but I will mention only a few of the most important. First, the siege mentality induced by the prevalence of crimes of violence and by the so-called wars on crime and drugs produces an atmosphere in which concern for police illegalities is subordinated to the need to get criminals. The American public wants the crime problem solved by any means necessary, and they don\u27t care much about what the police do as long as criminals are jailed and punished. The police understand this attitude--indeed, they encourage it--and get the message: lawlessness in law enforcement is acceptable as long it is seen to obtain crime-suppressing results

    Inimicus Libertatis: Chief Justice Rehnquist’s Majority or Plurality Opinions in the Field of Criminal Procedure

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    Since the early 1970’s an increasingly conservative Supreme Court of the United States has been leading this country through a “Criminal Procedure Counterrevolution” (also called “The Rehnquisition”), during which the federal rights and remedies of criminal defendants have been inexorably and significantly eroded. There are numerous books and law review articles discussing this counterrevolution. Chief Justice Rehnquist, the most articulate and ideological of the Courts conservative justices, may properly be regarded as the intellectual founder and leader of this trend in favor of restricting criminal procedure rights. This article analyzes and provides a bibliography of Supreme Court criminal procedure opinions in which Justice Rehnquist was on the Court

    Crime Statistics We’d Like to See

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    The federal and state governments gather, correlate, publish, distribute, and publicize vast quantities of crime statistics each year. The FBI, for example, has prepared its Uniform Crime Reports for years, and during the last decade the Bureau of Justice Statistics in the U. S. Department of Justice has each year published a massive volume entitled Sourcebook of Criminal Justice Statistics. BJS also puts out numerous crime statistics Bulletins every year
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