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Articles 31 - 45 of 45
Full-Text Articles in Law
The Romance Of Revenge: An Alternative History Of Jeffrey Dahmer's Trial, Samuel R. Gross
The Romance Of Revenge: An Alternative History Of Jeffrey Dahmer's Trial, Samuel R. Gross
Articles
On Feb. 17, 1992, Jeffrey Dahmer was sentenced to fifteen consecutive terms of life imprisonment for killing and dismembering fifteen young men and boys. Dahmer had been arrested six months earlier, on July 22, 1991. On Jan. 13 he pled guilty to the fifteen murder counts against him, leaving open only the issue of his sanity. Jury selection began two weeks later, and the trial proper started on Jan. 30. The jury heard two weeks of horrifying testimony about murder, mutilation and necrophilia; they deliberated for five hours before finding that Dahmer was sane when he committed thos crimes. After …
The Romance Of Revenge: Capital Punishment In America, Samuel R. Gross
The Romance Of Revenge: Capital Punishment In America, Samuel R. Gross
Articles
On February 17, 1992, Jeffrey Dahmer was sentenced to 15 consecutive terms of life imprisonment for killing and dismembering 15 young men and boys (Associated Press 1992a). Dahmer had been arrested six months earlier, on July 22, 1991. On January 13 he pled guilty to the fifteen murder counts against him, leaving open only the issue of his sanity. Jury selection began two weeks later, and the trial proper started on January 30. The jury heard two weeks of testimony about murder, mutilation and necrophilia; they deliberated for 5 hours before finding that Dahmer was sane when he committed these …
Challenging Public Investigative Reports: How To Fight The Hearsay Exception, Steven P. Grossman, Stephen J. Shapiro
Challenging Public Investigative Reports: How To Fight The Hearsay Exception, Steven P. Grossman, Stephen J. Shapiro
All Faculty Scholarship
This paper discusses how attorneys can argue against having government and public reports admitted into evidence at trial that would be damaging to their client. When this paper was done, such reports were admitted via Federal Rule of Evidence 803(8)(C). The authors argue that it is possible to challenge admission of factual findings in public reports despite various court decisions which make this difficult.
Judicial Misconduct During Jury Deliberations, Bennett L. Gershman
Judicial Misconduct During Jury Deliberations, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
The author considers the two principal types of improper judicial behavior that may occur during the jury deliberation process. Judicial conduct that attempts to place undue pressure on a jury to reach a verdict may include verdict-urging instructions, threats and intimidation, and inquiry into the numerical division of the jury on the merits of the verdict. Judicial participation in private, ex parte communications with jurors may also subvert orderly trial procedure and undermine the impartiality of the jury. Neither kind of judicial conduct may be allowed to compel a verdict from a jury.
A Miracle, A Universe: Settling Accounts With Torturers, Juan E. Mendez
A Miracle, A Universe: Settling Accounts With Torturers, Juan E. Mendez
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Thin Blue Line: Art Or Trial In The Fact-Finding Process?, Bennett L. Gershman
The Thin Blue Line: Art Or Trial In The Fact-Finding Process?, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
Part I of this Commentary objectively analyzes The Thin Blue Line, focusing on the film’s monologues, dramatizations, and exhibits. The film's organizational structure roughly parallels the stages of the criminal justice process, from the investigation and arrest of Adams to his trial, conviction, sentence, and post-conviction litigation. The prologue and epilogue unify the story. Part II attempts to explain the bizarre judicial result, focusing on the prosecutor's dominant role in the criminal justice process. It concludes, as does the film, that one of the fundamental features of our legal system - the intrinsic ability of the adversary process to discover …
A Retrospective On The Criminal Trial Jury, 1200-1800, Thomas A. Green
A Retrospective On The Criminal Trial Jury, 1200-1800, Thomas A. Green
Book Chapters
My recent book provided an overview of the history of the institutional aspects of the English criminal trial jury upon which all of the contributors to this volume have, tacitly or otherwise, commented. That tentative institutional background was intended both to stand on its own terms and to provide a framework for the studies on the relationship between law and society and on the history of ideas regarding the jury that made up the larger part of the volume. The two aspects of my book were joined: the socio-legal analysis and the history of ideas were to a large extent …
Proving The Defendant's Bad Character, Bennett L. Gershman
Proving The Defendant's Bad Character, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
The classic study of the American jury shows that when a defendant's criminal record is known and the prosecution's case has weaknesses, the defendant's chances of acquittal are thirty-eight percent, compared to sixty-five percent otherwise. Because of the danger that jurors will assume that the defendant is guilty based on proof that his bad character predisposes him to an act of crime, the courts and legislatures have attempted to circumscribe the use of such evidence. Some prosecutors, however, although well aware of the insidious effect such prejudicial evidence can have on jurors, violate the rules of evidence, as well as …
The Jury, Seditious Libel And The Criminal Law, Thomas A. Green
The Jury, Seditious Libel And The Criminal Law, Thomas A. Green
Book Chapters
The seditious libel trials of the eighteenth century constitute an important chapter in the history of freedom of the press and the growth of democratic government. While much has been written about the trials and about the administration of the criminal law in eighteenth-century England, little has been said about the relationship between the libel prosecutions and the more pervasive and long-standing problems of the criminal law. We have perhaps gone too far in positing-or simply assuming-a separation between political high misdemeanors and common-run felony cases such as homicide and theft. For there were points of contact between the two: …
The Hearsay Exception For Public Records In Federal Criminal Trials, Vincent C. Alexander
The Hearsay Exception For Public Records In Federal Criminal Trials, Vincent C. Alexander
Faculty Publications
The hearsay exception for "public records" was recognized at common law and has been further developed in most jurisdictions by statute. The reliability of public records is said to derive from the presumption of regularity and accuracy that attends the recording of events by public officials. As with the hearsay exception for recordsmade in the regular course of a private business, the reliability of many public records is enhanced by the routine and repetitive circumstancesunder which such records are made. An additional justificationfor the admission of public records is public convenience: If government employees are continually required to testify in …
The Assassination Attempt, Yale Kamisar
The Assassination Attempt, Yale Kamisar
Articles
From the moment the would-be assassin opened fire until many days after he was found not guilty by reaaon of insanity, the press was fascinated by the case. The very same day that it reported the assassination attempt "in the open street, and in the broad face of day," the Times considered but quickly dismissed the possibility of insanity: "The defndant's purpose was carried out with the most cold-blooded determination. . . . His demeanor throughout was cool and collected, nor did there appear any evidence of insanity." When, several days later, it became plain that the defendant was indeed …
Harmless Error: Constitutional Sneak Thief, Steven H. Goldberg
Harmless Error: Constitutional Sneak Thief, Steven H. Goldberg
Elisabeth Haub School of Law Faculty Publications
"Harmless constitutional error" is among the most insidious of legal doctrines. Since its promulgation by the United States Supreme Court in Chapman v. California, it has determined as many criminal appeals as have some of the more well-known and hotly debated decisions of the 1960s. Despite the frequency of its use in determining criminal appeals-possibly as high as ten percent of all criminal appeals during the last thirteen years it has received comparatively little critical attention. The reason for the inattention? It's a sneak thief. Its appearance does not raise apprehension, and its application does not leave concentrated areas of …
The Victim's Role In Criminal Prosecutions In Ethiopia, Stanley Z. Fisher
The Victim's Role In Criminal Prosecutions In Ethiopia, Stanley Z. Fisher
Faculty Scholarship
The purpose of this paper is to review developments which have occurred in the victim’s role in criminal prosecutions under Ethiopian law. In contrast to the penal laws of modern Western states, which define a wide range of wrongful conduct as offensive to the state itself, the traditional Ethiopian law of wrongs viewed relatively few offenses thus. For the most part, the state confined itself to legitimating and assisting the victim’s own efforts to obtain redress.
Societal Concepts Of Criminal Liability For Homicide In Medieval England, Thomas A. Green
Societal Concepts Of Criminal Liability For Homicide In Medieval England, Thomas A. Green
Articles
THE early history of English criminal law lies hidden behind the laconic formulas of the rolls and law books. The rules of the law, as expounded by the judges, have been the subject of many studies; but their practical application in the courts, where the jury of the community was the final and unbridled arbiter, remains a mystery: in short, we know little of the social mores regarding crime and crimi- nals. This study represents an attempt to delineate one major aspect of these societal attitudes. Its thesis is that from late Anglo-Saxon times to the end of the middle …
Statutory Abolition Of Defense Of Insanity In Criminal Cases, John R. Rood
Statutory Abolition Of Defense Of Insanity In Criminal Cases, John R. Rood
Articles
The great lengths to which the defense of insanity has been carried in homicide cases has induced numerous legislative attempts to abolish the evil; and the fate which such legislation has met and deserves at the hands of the courts is a matter of considerable interest.