Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Criminal Law and Procedure (5)
- Child witness (4)
- Criminal law (4)
- Child abuse (3)
- Evidence (2)
-
- Interrogation (2)
- Miranda (2)
- A. Publications in Peer-reviewed Journals (1)
- Abused children (1)
- B. Publications in Books (1)
- Battered woman's defense (1)
- C. Publications in Law Reviews (1)
- Child nglect (1)
- Children's hearsay (1)
- Coercion (1)
- Community lawyering (1)
- Competence (1)
- Confessions (1)
- Constitutional law (1)
- Crime and Punishment (1)
- Criminal Procedure (1)
- Criminal record (1)
- Cultural defense (1)
- Custody (1)
- Defenses (1)
- European law (1)
- False denials (1)
- Filial dependency (1)
- Fitness for trial (1)
- Fourth Amendment (1)
Articles 1 - 18 of 18
Full-Text Articles in Law
Fitness For Trial In The District Court: The Legal Perspective, Darius Whelan
Fitness For Trial In The District Court: The Legal Perspective, Darius Whelan
Darius Whelan
Miranda Is Not Enough: A New Justification For Demanding "Strong Corroboration" To A Confession, Boaz Sangero
Miranda Is Not Enough: A New Justification For Demanding "Strong Corroboration" To A Confession, Boaz Sangero
Prof. Boaz Sangero
Following research conducted in recent years—some of it regarding evidence obtained through DNA testing—no doubt remains that, in reality, innocent persons are convicted of crimes and that, in a significant number of these cases, wrongful convictions are solely based on the out-of-court confessions of accused persons obtained by police interrogators.This Article discusses existing law regarding confessions and convictions based on confessions. While this body of law deals in a relatively satisfactory manner with the fear that the confession is involuntary (primarily, through Miranda rules), unfortunately, it does not adequately address the serious fear of false confessions.The Article is designed to …
14. Filial Dependency And Recantation Of Child Sexual Abuse Allegations., Lindsay C. Malloy, Thomas D. Lyon, Jodi A. Quas
14. Filial Dependency And Recantation Of Child Sexual Abuse Allegations., Lindsay C. Malloy, Thomas D. Lyon, Jodi A. Quas
Thomas D. Lyon
10. False Denials: Overcoming Methodological Biases In Abuse Disclosure Research., Thomas D. Lyon
10. False Denials: Overcoming Methodological Biases In Abuse Disclosure Research., Thomas D. Lyon
Thomas D. Lyon
Rule And Exception In Criminal Law (Or, Are Criminal Defenses Necessary?), Janine Young Kim
Rule And Exception In Criminal Law (Or, Are Criminal Defenses Necessary?), Janine Young Kim
Janine Kim
Prosecuting Government Fraud Despite The Csi Effect: Getting The Jury To Follow The Money, James B. Johnston
Prosecuting Government Fraud Despite The Csi Effect: Getting The Jury To Follow The Money, James B. Johnston
James B Johnston
Prosecutors have complained that jurors who think they are educated in crime scene investigations by watching T.V. have made it difficult to prove cases even when the charge is white collar in nature because they expect the forensics the see on the show "CSI". In regard to government fraud cases, the prosecutor simply must get the jury to follow the fraud linked money. This article notes that those in law enforcement must give the jury what they want to get them to follow the money especially when the case concerns government fraud and corruption.
From "The Art Of War" To "Being Peace": Mindfulness And Community Lawyering In A Neoliberal Age, Angela P. Harris, Jeffrey Selbin, Margaretta Lin
From "The Art Of War" To "Being Peace": Mindfulness And Community Lawyering In A Neoliberal Age, Angela P. Harris, Jeffrey Selbin, Margaretta Lin
Angela P Harris
No abstract provided.
Dred Scott And The Political Question Doctrine, Wesley M. Oliver
Dred Scott And The Political Question Doctrine, Wesley M. Oliver
Wesley M Oliver
No abstract provided.
Envisioning A U.S. Government That Isn't 84% Male: What The United States Can Learn From Sweden, Rwanda, Burundi, And Other Nations, Nancy E. Millar
Envisioning A U.S. Government That Isn't 84% Male: What The United States Can Learn From Sweden, Rwanda, Burundi, And Other Nations, Nancy E. Millar
Nancy E Millar
No abstract provided.
Magistrates’ Examinations, Police Interrogations, And Miranda—Like Warnings In The Nineteenth Century, Wesley M. Oliver
Magistrates’ Examinations, Police Interrogations, And Miranda—Like Warnings In The Nineteenth Century, Wesley M. Oliver
Wesley M Oliver
The New York legislature in the early-nineteenth century began to require interrogators to warn suspects of their right to silence and counsel. The Warren Court, in Miranda v. Arizona, did not invent the language of the warnings; rather, it resurrected the warnings that were no longer given in New York after the latter half of the nineteenth century. The confessions rule, a judicially created rule of evidence much like the modern voluntariness rule, excluded many statements if any threat or inducement was made to the suspect. Courts in the early-nineteenth century, however, were willing to accept confessions notwithstanding an improper …
Are All Forms Of Joint Crime Really "Organized Crime"?, Boaz Sangero
Are All Forms Of Joint Crime Really "Organized Crime"?, Boaz Sangero
Prof. Boaz Sangero
It is seemingly possible to think that the new Israeli Combating Criminal Organizations Law, 2003 is a desirable statute. After all – how many struggles are more justified than the fight against organized crime? This Article will demonstrate that, in view of the extensive and comprehensive legislation already existing in Israel prior to the enactment of the new law, there was no need at all for an additional statute. Furthermore, it will show that the excessively broad definition given to the term “criminal organization” is liable to dominate Israeli criminal law and make the already draconian penal code – which …
Integrating On-Line And Print Research Training: A Guide For The Wary, Kari L. Johnson, Suzanne Ehrenberg
Integrating On-Line And Print Research Training: A Guide For The Wary, Kari L. Johnson, Suzanne Ehrenberg
Kari L. Aamot Johnson
No abstract provided.
Pinochet And The Uncertain Globalization Of Criminal Law, Robert C. Power
Pinochet And The Uncertain Globalization Of Criminal Law, Robert C. Power
Robert C Power
Jamais Deux Sans Trois: Principes Régissant Les Effets De La Récidive Sur La Peine Et La Libération Conditionnelle Dans Les Codes Pénaux Européens (French), Sacha Raoult
Sacha Raoult
This paper examines the general principles that guide the classical treatment of an offender's dangerousness in the criminal codes of sixteen European countries. It provides a review of the way in which each penal code deals with both multiple offenders and the terms of parole. There is substantial variety in the legal definitions and effect of recidivism, with some very strict criteria in place in some states. The same various degree of arbitrariness and lack of clear standards apply to the terms of parole. Though arbitrariness in the administering of these legal categories is common throughout Europe, it can be …
7. The History Of Children’S Hearsay: From Old Bailey To Post-Davis., Thomas D. Lyon, Raymond Lamagna
7. The History Of Children’S Hearsay: From Old Bailey To Post-Davis., Thomas D. Lyon, Raymond Lamagna
Thomas D. Lyon
2. National Association Of Counsel For Children In Support Of Respondents. Adrian Martell Davis V. Washington, Hershel Hammon V. Indiana (2007)., Thomas D. Lyon
2. National Association Of Counsel For Children In Support Of Respondents. Adrian Martell Davis V. Washington, Hershel Hammon V. Indiana (2007)., Thomas D. Lyon
Thomas D. Lyon
No abstract provided.
Symposium Introduction -- Miranda At 40: Applications In A Post-Enron, Post-9/11 World, Donald J. Kochan
Symposium Introduction -- Miranda At 40: Applications In A Post-Enron, Post-9/11 World, Donald J. Kochan
Donald J. Kochan
The groundbreaking case of Miranda v. Arizona raise[d] questions which go to the roots of our concepts of American criminal jurisprudence: the restraints society must observe consistent with the Federal Constitution in prosecuting individuals for crime. This Introduction to the 2007 Chapman Law Review Symposium summarizes the contemporary examination of Miranda's influence, past and present, along with the continuing debate today. The experiences and precedents that have evolved in the past 40 years helps to explore the evolution of the criminal law and procedural dictates set forth in Miranda. Complications with custodial interrogation - and the impulses and incentives involved …
Economics Of Plea Bargaining, Richard Adelstein
Economics Of Plea Bargaining, Richard Adelstein
Richard Adelstein
A short summary of earlier work for a sociological audience.