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Articles 1 - 17 of 17
Full-Text Articles in Law
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.
Justice Begins Before Trial: How To Nudge Inaccurate Pretrial Rulings Using Behavioral Law And Economic Theory And Uniform Commercial Laws, Michael Gentithes
Justice Begins Before Trial: How To Nudge Inaccurate Pretrial Rulings Using Behavioral Law And Economic Theory And Uniform Commercial Laws, Michael Gentithes
William & Mary Law Review
Injustice in criminal cases often takes root before trial begins. Overworked criminal judges must resolve difficult pretrial evidentiary issues that determine the charges the State will take to trial and the range of sentences the defendant will face. Wrong decisions on these issues often lead to wrongful convictions. As behavioral law and economic theory suggests, judges who are cognitively busy and receive little feedback on these topics from appellate courts rely upon intuition, rather than deliberative reasoning, to resolve these questions. This leads to inconsistent rulings, which prosecutors exploit to expand the scope of evidentiary exceptions that almost always disfavor …
The Challenge Of Convincing Ethical Prosecutors That Their Profession Has A Brady Problem, Adam M. Gershowitz
The Challenge Of Convincing Ethical Prosecutors That Their Profession Has A Brady Problem, Adam M. Gershowitz
Faculty Publications
In recent decades, both the media and legal scholars have documented the widespread problem of prosecutors failing to disclose favorable evidence to the defense – so called Brady violations. Despite all of this documentation however, many ethical prosecutors reject the notion that the criminal justice system has a Brady problem. These prosecutors – ethical lawyers who themselves have not been accused of misconduct – believe that the scope of the Brady problem is exaggerated. Why do ethical prosecutors downplay the evidence that some of their colleagues have committed serious errors?
This essay, in honor of Professor Bennett Gershman, points to …
Deconstructing The Epistemic Challenges To Mass Atrocity Prosecutions, Nancy Amoury Combs
Deconstructing The Epistemic Challenges To Mass Atrocity Prosecutions, Nancy Amoury Combs
Faculty Publications
Mass atrocity prosecutions are credited with advancing a host of praiseworthy objectives. They are believed to impose much-needed retribution, deter future atrocities, and affirm the rule of law in previously lawless societies. However, mass atrocity prosecutions will accomplish none of these laudable ends unless they are able to find accurate facts. Convicting the appropriate individuals of the appropriate crimes is a necessary and foundational condition for the success of mass atrocity prosecutions. But it is a condition that is frequently difficult to meet, as mass atrocity prosecutions are often bedeviled by pervasive and invidious obstacles to accurate fact-finding. This Article …
Systemic Lying, Julia Simon-Kerr
Systemic Lying, Julia Simon-Kerr
William & Mary Law Review
This Article offers the foundational account of systemic lying from a definitional and theoretical perspective. Systemic lying involves the cooperation of multiple actors in the legal system who lie or violate their oaths across cases for a consistent reason that is linked to their conception of justice. It becomes a functioning mechanism within the legal system and changes the operation of the law as written. By identifying systemic lying, this Article challenges the assumption that all lying in the legal system is the same. It argues that systemic lying poses a particular threat to the legal system. This means that …
Does Removing The Force Element Matter?: An Empirical Comparison Of Rape Statistics In Massachusetts And Colorado, Peter Landsman
Does Removing The Force Element Matter?: An Empirical Comparison Of Rape Statistics In Massachusetts And Colorado, Peter Landsman
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Section 6: Criminal, Institute Of Bill Of Rights Law, William & Mary Law School
Section 6: Criminal, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Hear Me Now: The Admission Of Expert Testimony On Battered Women's Syndrome—An Evidentiary Approach, Matthew Fine
Hear Me Now: The Admission Of Expert Testimony On Battered Women's Syndrome—An Evidentiary Approach, Matthew Fine
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Promising Protection: 911 Call Records As Foundation For Family Violence Intervention, James G. Dwyer
Promising Protection: 911 Call Records As Foundation For Family Violence Intervention, James G. Dwyer
Faculty Publications
No abstract provided.
Fact-Finding Without Facts, Nancy Amoury Combs
Suppressing The Incriminating Statements Of Foreigners, John Quigley
Suppressing The Incriminating Statements Of Foreigners, John Quigley
William & Mary Bill of Rights Journal
No abstract provided.
Australia And The United States: Two Common Criminal Justice Systems Uncommonly At Odds, Paul Marcus, Vicki Waye
Australia And The United States: Two Common Criminal Justice Systems Uncommonly At Odds, Paul Marcus, Vicki Waye
Faculty Publications
At first glance the criminal justice systems of Australia and the United States look strikingly similar. With common law roots from England, they both emphasize the adversary system, the roleof the advocate, the presumption of innocence, and an appeals process. Upon closer reflection,however, they appear starkly different. From both Australian and U.S. perspectives, the authorsexplore those differences, examining important features such as the exclusion of evidence, rules regarding interrogation, the entrapment defense, and the open nature of trials. The Article concludes with an analysis of the reasons for those differences, reasons that heavily relate back to the founding of the …
Restrictions On Law Enforcement Investigation And Prosecution Of Crime, Paul Marcus
Restrictions On Law Enforcement Investigation And Prosecution Of Crime, Paul Marcus
Faculty Publications
No abstract provided.
The Exclusion Of Evidence In The United States, Paul Marcus
The Exclusion Of Evidence In The United States, Paul Marcus
Faculty Publications
No abstract provided.
Replacing The Exclusionary Rule With Administrative Rulemaking, Francis A. Gilligan, Fredric I. Lederer
Replacing The Exclusionary Rule With Administrative Rulemaking, Francis A. Gilligan, Fredric I. Lederer
Faculty Publications
No abstract provided.
Doing Away With The Exclusionary Rule, Francis A. Gilligan, Fredric I. Lederer
Doing Away With The Exclusionary Rule, Francis A. Gilligan, Fredric I. Lederer
Faculty Publications
No abstract provided.
The Admissibility Of Photographs Of The Corpse In Homicide Cases, Stanley L. Morris
The Admissibility Of Photographs Of The Corpse In Homicide Cases, Stanley L. Morris
William & Mary Law Review
No abstract provided.