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Balanced Justice: Mr. Justice Powell And The Constitution, Randolph C. Duvall, John E. Ely, Mark S. Gardner, William C. Goodwin, H. P. Williams
Balanced Justice: Mr. Justice Powell And The Constitution, Randolph C. Duvall, John E. Ely, Mark S. Gardner, William C. Goodwin, H. P. Williams
University of Richmond Law Review
In his first five years on the United States Supreme Court, Justice Lewis F. Powell, Jr. has become and will most likely continue to be a leading force in shaping the direction of the Court. In many areas, Justice Powell's desire for judicial flexibility as well as judicial restraint has made him a leader in turning the Burger Court away from the bright-line tests enunciated by the Warren Court. However, where the Warren Court had been flexible, Justice Powell has usually preserved this flexibility and expanded it if possible. The tool consistently utilized to achieve this flexibility has been a …
Constitutional Law-Due Process-Prosecution's Use Of Accused's Silence For Impeachment Purposes Violates Fourteenth Amendment's Due Process Claus, Calvin W. Colyer
Constitutional Law-Due Process-Prosecution's Use Of Accused's Silence For Impeachment Purposes Violates Fourteenth Amendment's Due Process Claus, Calvin W. Colyer
University of Richmond Law Review
Fundamental to our adversary system ofjustice is the right to impeach the testimony of an opposition witness. This right extends to a criminal defendant who chooses to take the stand, for his veracity and credibility are in issue. Admission of prior silence as a means of impeaching the testimony of a witness was favored by a broad rule of evidence at common law. However, the existence of an inconsistency between the silence and later testimony was a necessary condition for the admission of the defendant's prior silence. While the courts have not defined the degree of inconsistency required to allow …