Approaches to Federal Judicial History: The Federal Courts and Criminal Justice

Public Intoxication and Criminal Justice

Journal of Drug Issues ◽

10.1177/002204267500500304 ◽

1975 ◽

Vol 5 (3) ◽

pp. 220-232 ◽

Cited By ~ 2

Author(s):

S. George Clarke

Keyword(s):

Health Care ◽

Criminal Justice ◽

Alcohol Abuse ◽

Criminal Justice System ◽

Justice System ◽

Federal Courts ◽

Survey Questionnaire ◽

Modest Increase ◽

The Status ◽

The 1960S

Since the mid 1930's there has been an accelerating growth in understanding the nature and scope of alcohol abuse, and a modest increase in resources to combat it. Although, as early as 1869, a significant court decision held that alcoholism could be viewed as an illness, It was not until the second half of the 1960s that the next such findings, this time by Federal courts, set the course of continuing action to take alcoholism out of the criminal justice system and place it under the aegis of health care. The status of alcoholism legislation in thirty-eight states is examined, based on their resonse to a survey questionnaire and other data provided by the National Institute on Alcohol Abuse and Alcoholism. Alternate treatment systems, developed and tested by the Ontario Addictions Foundation, provide background to the treatment systems which have emerged in most states which have decriminalized public intoxication.

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Prison Litigation: From the 1960s to the 1990s

Criminal Justice Policy Review ◽

10.1177/088740348900300304 ◽

1989 ◽

Vol 3 (3) ◽

pp. 279-298 ◽

Cited By ~ 5

Author(s):

G. Larry Mays ◽

Michelle Olszta

Keyword(s):

Criminal Justice ◽

Social Issues ◽

Critical Issue ◽

Federal Courts ◽

Prison Inmates ◽

State Prison ◽

The 1960S

Prison litigation has been a critical issue for criminal justice and legal scholars, and for correctional practitioners for three decades. It generally is agreed that lawsuits filed by prison inmates and the attention given these suits by the federal courts have served to heighten the debate over the role of prisons in our society. Additionally, from an intergovernmental perspective, much concern has been expressed over the federal courts' role in supervising state prison operations. This article examines a number of legal and social issues that have been raised in prison litigation.

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Presidential Effects on Criminal Justice Policy in the Lower Federal Courts: The Reagan Judges

Law & Society Review ◽

10.2307/3053566 ◽

1988 ◽

Vol 22 (1) ◽

pp. 191 ◽

Cited By ~ 15

Author(s):

C. K. Rowland ◽

Donald Songer ◽

Robert A. Carp

Keyword(s):

Criminal Justice ◽

Federal Courts ◽

Criminal Justice Policy

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THE ORIGINS OF AN INDEPENDENT JUDICIARY IN NEW YORK, 1621–1777

Social Philosophy and Policy ◽

10.1017/s0265052510000099 ◽

2010 ◽

Vol 28 (1) ◽

pp. 179-201

Author(s):

Scott D. Gerber

Keyword(s):

New York ◽

Judicial Review ◽

Judicial Independence ◽

Federal Courts ◽

Federal Judiciary ◽

Independent Judiciary ◽

Separate Branch ◽

Federal Judges ◽

Judicial History

AbstractArticle III of the U.S. Constitution establishes an independent federal judiciary: federal courts constitute a separate branch of the national government, federal judges enjoy tenure during good behavior, and their salaries cannot be diminished while they hold office. The framers who drafted Article III in 1787 were not working from whole cloth. Rather, they were familiar with the preceding colonial and state practices, including those from New York. This essay provides a case study of New York's judicial history: the Dutch period, 1621-1664; the Ducal proprietary period, 1664-1685; the Royal period, 1685-1776; and the early state period. As will be seen, New York—among the most significant of the original thirteen states—was a state groping towards a new ideal of judicial independence: an ideal that became a reality a decade after its own constitution was enacted in 1777 and at a different level of government. Significantly, the uncertain status of New York's judiciary had profound consequences for the ultimate expression of judicial independence, judicial review.

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