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Articles 1 - 4 of 4
Full-Text Articles in Law
Sexual Misconduct And The Government: Time To Take A Stand , Andrea B. Daloia
Sexual Misconduct And The Government: Time To Take A Stand , Andrea B. Daloia
Cleveland State Law Review
This Note analyzes law enforcement's use of one particularly troublesome tactic-the use of sexual acts or romantic promises to encourage a defendant to participate in illegal activities or to obtain information that can be used against the defendant at trial. The first part of this Note gives a brief history of the outrageous government conduct defense, including its distinction from entrapment, its origin and its lack of success in the courts. Although the entrapment defense and the outrageous conduct defense have some similarities, they are in fact quite different. The second section of this Note discusses the perception of sex …
The Grand Jury And Exculpatory Evidence: Should The Prosecutor Be Required To Disclose Exculpatory Evidence To The Grand Jury, Ali Lombardo
The Grand Jury And Exculpatory Evidence: Should The Prosecutor Be Required To Disclose Exculpatory Evidence To The Grand Jury, Ali Lombardo
Cleveland State Law Review
In 1992, the United States Supreme Court ruled in United States v. Williams that the federal courts do not have the supervisory power to require prosecutors to present exculpatory evidence to the grand jury. This Note argues that the Williams decision is flawed because it diminishes crucial rights of defendants and because it prevents the grand jury from fulfilling its protective function. In Section II, this Note examines the historical background and purpose of the grand jury in England and America. Section III discusses the Williams decision and the rationale behind both the majority and dissenting opinions. It also discusses …
Straight Release: Justice Delayed, Justice Denied , Timothy J. Mcginty
Straight Release: Justice Delayed, Justice Denied , Timothy J. Mcginty
Cleveland State Law Review
This Thesis discusses the ‘straight release’ program implemented by the Cleveland Police Department in the late 1990’s. It starts by describing the 24-hour charge or release rule, and how criminals were arrested, released, and arraignment notices were later sent to them by mail. Criminals used aliases to hinder the indictment procedure. Part V discusses national trends in arrest to disposition rates. Parts VI – X discusses Cleveland practices in the criminal justice system. Part XI discusses the effects of failure to identify arrested suspects before releasing them. Part XII describes the chaos of the municipal court. Part XIII discusses the …
Here Today, Gone Tomorrow - Three Common Mistakes Courts Make When Police Lose Or Destroy Evidence With Apparent Exculpatory, Elizabeth A. Bawden
Here Today, Gone Tomorrow - Three Common Mistakes Courts Make When Police Lose Or Destroy Evidence With Apparent Exculpatory, Elizabeth A. Bawden
Cleveland State Law Review
Part I of this Article examines the first question, what does it mean for evidence to have "apparent exculpatory value?" Part II of this Article answers the second question, when does Youngblood's bad faith requirement apply in failure to preserve evidence cases? Part III then seeks to determine the substance of Youngblood's bad faith requirement and identify the best approach to defining it. Ultimately, this Article argues that there are three common mistakes that courts make when applying Trombetta and Youngblood.