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Articles 1 - 16 of 16
Full-Text Articles in Entire DC Network
When The Home Team Calls Their Own Balls And Strikes: The Problem Of Brady Violations, Accountability, And Making The Case For A Washington State Commission On Prosecutorial Conduct, Kate Cohn
Seattle Journal for Social Justice
No abstract provided.
Terry, Traffic Stops, And Tragedy: Conflicts And Concerns In The Wake Of Kansas V. Glover, Hunter J. Rodgers
Terry, Traffic Stops, And Tragedy: Conflicts And Concerns In The Wake Of Kansas V. Glover, Hunter J. Rodgers
Seattle Journal for Social Justice
No abstract provided.
Junk Evidence: A Call To Scrutinize Historical Cell Site Location Evidence, Victoria Saxe
Junk Evidence: A Call To Scrutinize Historical Cell Site Location Evidence, Victoria Saxe
The University of New Hampshire Law Review
Historical cell site location information (CSLI) has been offered as objective, scientific location evidence in criminal trials, but is far less precise than the claims it is used to support. Not only is there no way to pinpoint a cellphone’s precise geographic location from historical CSLI, but there are also no known validation or error rates for the methodologies used to collect and analyze this data. A 2019 telecommunications scandal in Denmark revealed gross inadequacies in the cellphone data and software used by law enforcement to analyze this type of evidence. The scandal sent shockwaves through the country’s legal community …
The Due Process Protections Act: Is The Juice Worth The Squeeze?, Allyson Benko
The Due Process Protections Act: Is The Juice Worth The Squeeze?, Allyson Benko
SLU Law Journal Online
President Trump signed the Due Process Protections Act into law on October 21, 2020. Allyson Benko discusses how Federal judges must now remind prosecutors on the record of their obligation under Brady v. Maryland to disclose exculpatory evidence to the defense in every criminal case.
Professor Jeffrey Bellin: Reflections On The Fall 2020 Semester, Jeffrey Bellin
Professor Jeffrey Bellin: Reflections On The Fall 2020 Semester, Jeffrey Bellin
Law School Personal Reflections on COVID-19
No abstract provided.
Evidence, Arrest Circumstances, And Felony Cocaine Case Processing, Jacqueline G. Lee, Alexander Testa
Evidence, Arrest Circumstances, And Felony Cocaine Case Processing, Jacqueline G. Lee, Alexander Testa
Criminal Justice Faculty Publications and Presentations
Case evidence and situational arrest characteristics are widely speculated to influence courtroom actor decisions, yet such measures are infrequently included in research. Using new data on felony cocaine cases from an urban county in a Southern non-guideline state, this study examines how physical evidence and arrest circumstances affect three stages of case processing: initial charge type, charge reduction, and sentence length. The influence of evidence appeared strongest at the early stage when prosecutors chose the appropriate charge, though certain evidentiary and arrest measures continued to influence later decisions. Charge reductions were driven mostly by legal factors, and while guilt should …
Reviving “Dead Letters”: Reimagining Federal Rule Of Evidence 410 As A Conditional Privilege, Peter G. Cornick
Reviving “Dead Letters”: Reimagining Federal Rule Of Evidence 410 As A Conditional Privilege, Peter G. Cornick
Vanderbilt Law Review
Though understudied relative to its fellow specialized relevance rules, Federal Rule of Evidence 410 protects a crucial element of the criminal justice system: plea negotiations. As written, the rule prevents the admission of evidence gathered during plea discussions, which helps assure criminal defendants that their candid discussions with prosecutors will not harm them in any future proceeding. But the Supreme Court has greatly weakened Rule 410, permitting broad waiver of the rule’s protections that run afoul of Congress’s purpose in creating the rule and its plain language. In light of these developments, the Note argues that Rule 410 should be …
Confession Obsession: How To Protect Minors In Interrogations, Cindy Chau
Confession Obsession: How To Protect Minors In Interrogations, Cindy Chau
Journal of Race, Gender, and Ethnicity
No abstract provided.
As Pertains To The Criminal Justice System, Is Hindsight 20/20?, Syndie G. E. Molina, Cristina Negrillo
As Pertains To The Criminal Justice System, Is Hindsight 20/20?, Syndie G. E. Molina, Cristina Negrillo
Journal of Race, Gender, and Ethnicity
No abstract provided.
The Methodology Of Social Adaptation Following The Liberation Of A Wrongful Conviction, Ashantwa Jackman
The Methodology Of Social Adaptation Following The Liberation Of A Wrongful Conviction, Ashantwa Jackman
Journal of Race, Gender, and Ethnicity
No abstract provided.
Race And Reasonableness In Police Killings, Jeffrey A. Fagan, Alexis D. Campbell
Race And Reasonableness In Police Killings, Jeffrey A. Fagan, Alexis D. Campbell
Faculty Scholarship
Police officers in the United States have killed over 1000 civilians each year since 2013. The constitutional landscape that regulates these encounters defaults to the judgments of the reasonable police officer at the time of a civilian encounter based on the officer’s assessment of whether threats to their safety or the safety of others requires deadly force. As many of these killings have begun to occur under similar circumstances, scholars have renewed a contentious debate on whether police disproportionately use deadly force against African Americans and other nonwhite civilians and whether such killings reflect racial bias. We analyze data on …
See No Evil: A Look At Florida's Legislative Response To Holding Hotels Civilly Liable For "Turning A Blind Eye" To The Sex Trafficking Monster Hiding Behind Closed Doors, Lori N. Ross
Faculty Scholarship
No abstract provided.
Evidence, Rollie Thompson
Evidence, Rollie Thompson
Articles, Book Chapters, & Popular Press
“Evidence” is what, in our adversary system, the parties attempt to place before the neutral factfinder in order to prove their case (or disprove their opponent's case). We follow the principle of party-presentation: parties determine what specific items of evidence are offered for proof, while the impartial judge or decision maker will determine which items are “admissible” evidence, in accordance with principles of law. At the end of the trial or hearing, the fact-finder (jury, judge, tribunal, decision maker) will determine which of those admissible items of evidence are believed or not, in formulating “fact-guesses” or “findings of fact”.
Mr. Big And The New Common Law Confessions Rule: Five Years In Review, Adelina Iftene, Vanessa Kinnear
Mr. Big And The New Common Law Confessions Rule: Five Years In Review, Adelina Iftene, Vanessa Kinnear
Articles, Book Chapters, & Popular Press
The Supreme Court of Canada released its decision of R v Hart in July of 2014. The decision provided a two-prong framework for assessing the admissibility of confessions obtained through the undercover police tactic known as “Mr. Big”. The goal of the framework was to address reliability concerns, to protect suspects from state abuse, and to reduce the risk of wrongful convictions. The first prong of the test created a new common law evidentiary rule, under which Mr. Big obtained confessions are now presumptively inadmissible. The second prong revamped the existing abuse of process doctrine.
In this article, the authors …
The Cat Is Already Out Of The Bag: Resolving The Circuit Split Over The Dangerous Patient Exception To The Psychotherapist–Patient Privilege, Blake R. Hills
The Cat Is Already Out Of The Bag: Resolving The Circuit Split Over The Dangerous Patient Exception To The Psychotherapist–Patient Privilege, Blake R. Hills
University of Baltimore Law Review
No abstract provided.
Escaping The Fingerprint Crisis: A Blueprint For Essential Research, Meghan J. Ryan
Escaping The Fingerprint Crisis: A Blueprint For Essential Research, Meghan J. Ryan
Faculty Journal Articles and Book Chapters
There is a fingerprint crisis in the courts. Judges and jurors regularly convict criminal defendants based on fingerprint evidence, but there are serious questions about the accuracy and reliability of this evidence. The few studies delving into the accuracy and reliability of fingerprint examiners’ work suggest a high error rate and demonstrate that, when faced with the same prints under different conditions, fingerprint examiners frequently reach different results than they previously reached. Further, there is no scientific basis for fingerprint matching. It is unknown whether and to what extent fingerprints are unique; the degree to which fingerprints change under various …