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Full-Text Articles in Law
Foundations Of American Criminal Due Process, Frank Herrmann, Brownlow Speer
Foundations Of American Criminal Due Process, Frank Herrmann, Brownlow Speer
Frank R. Herrmann, S.J.
No abstract provided.
30 = 20: ‘Understanding’ Maximum Sentence Enhancements, Frank R. Herrmann S.J.
30 = 20: ‘Understanding’ Maximum Sentence Enhancements, Frank R. Herrmann S.J.
Frank R. Herrmann, S.J.
In this article, Professor Herrmann argues that the due process protections of a criminal trial should apply to aggravating factors that under current “maximum-enhancing statutes” allow judges to impose lengthier punishments in the sentencing phase. Part I considers the Supreme Court's rationale for refusing to apply full due process safeguards to all types of sentencing schemes. This background will reveal the unique quality of maximum-enhancing statutes and establish why the due process protections of a criminal trial should apply to sentencing under maximum-enhancing statutes. Part I, therefore, undertakes to explain courts' rationales to deny criminal defendants full criminal due process …
Standing Mute At Arrest As Evidence Of Guilt: The 'Right To Silence' Under Attack, Frank R. Herrmann S.J., Brownlow M. Speer
Standing Mute At Arrest As Evidence Of Guilt: The 'Right To Silence' Under Attack, Frank R. Herrmann S.J., Brownlow M. Speer
Frank R. Herrmann, S.J.
It is commonly understood that an arrested person has a right to remain silent and that the government may not use his or her silence to prove guilt at trial. Three Circuit Courts of Appeal, however, reject this understanding. They allow the prosecution to use an arrested person's pre-Miranda silence as direct evidence of guilt. This article argues that those Circuits are wrong. The article, first, demonstrates the historical antiquity of the Common Law principle that a detained person has the right to stand mute. Though the right was limited by statutory incursion and in tension, at times, with the …
Shame And Scandal: Clinical And Canon Law Perspectives On The Crisis In The Priesthood, Frank R. Herrmann, Gerald E. Kochansky
Shame And Scandal: Clinical And Canon Law Perspectives On The Crisis In The Priesthood, Frank R. Herrmann, Gerald E. Kochansky
Frank R. Herrmann, S.J.
No abstract provided.
The Uses Of History In Crawford V. Washington, Frank Herrmann
The Uses Of History In Crawford V. Washington, Frank Herrmann
Frank R. Herrmann, S.J.
To a striking degree, both the majority and concurring opinions in Crawford v. Washington are replete with references to Anglo-American historical materials, used to support differing conclusions about the application of the Confrontation Clause to testimonial hearsay. This essay sets out Justice Scalia's and Chief Justice Rehnquist's historical arguments and then employs the standards of legal historians to evaluate whether the two opinions use history in a valid manner. The essay concludes that the "history" in Crawford is not that of an historian, but is a "usable past," as conceived by Cass Sunstein and Stephen Griffin.
Roman And Canonical Roots Of Hearsay Doctrine, Frank Herrmann
Roman And Canonical Roots Of Hearsay Doctrine, Frank Herrmann
Frank R. Herrmann, S.J.
No abstract provided.
A Continental Rule Against Hearsay, Frank Herrmann
A Continental Rule Against Hearsay, Frank Herrmann
Frank R. Herrmann, S.J.
No abstract provided.
The Establishment Of A Rule Against Hearsay In Romano-Canonical Procedure, Frank R. Herrmann
The Establishment Of A Rule Against Hearsay In Romano-Canonical Procedure, Frank R. Herrmann
Frank R. Herrmann, S.J.
No abstract provided.
Facing The Accuser: Ancient And Medieval Precursors Of The Confrontation Clause, Frank R. Herrmann, Brownlow M. Speer
Facing The Accuser: Ancient And Medieval Precursors Of The Confrontation Clause, Frank R. Herrmann, Brownlow M. Speer
Frank R. Herrmann, S.J.
No abstract provided.