Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
The Rise, Decline, And Fall (?) Of Miranda, Yale Kamisar
The Rise, Decline, And Fall (?) Of Miranda, Yale Kamisar
Washington Law Review
No abstract provided.
An Open Courts Checklist: Clarifying Washington's Public Trial And Public Access Jurisprudence, Jeanine Blackett Lutzenhiser
An Open Courts Checklist: Clarifying Washington's Public Trial And Public Access Jurisprudence, Jeanine Blackett Lutzenhiser
Washington Law Review
Fundamental to the American system of justice is the right to a public trial and a general presumption of openness in judicial proceedings. These values are reflected in the First and Sixth Amendments of the United States Constitution and in many state constitutions. Washington is one of a number of states whose constitution (unlike the U.S. Constitution) also explicitly guarantees the open administration of justice. Constitutional dilemmas arise when a party requests the closure of a courtroom or the sealing of documents. These requests force courts to harmonize values of open justice with other compelling interests. U.S. Supreme Court decisions …
Protecting Child Victims' Rights As Vigorously As Criminal Defendants' When Prosecuting Possession Or Distribution Of Child Pornography, Kiel Willmore
Protecting Child Victims' Rights As Vigorously As Criminal Defendants' When Prosecuting Possession Or Distribution Of Child Pornography, Kiel Willmore
Washington Law Review
Among the devastating effects of the worldwide child pornography epidemic is a concerning legal dilemma. Until recently, courts have frequently held that a defendant charged with child pornography offenses has a nearly unrestricted right to receive and view copies of the pornographic evidence as part of discovery of the state’s evidence. The duplication, dissemination, and viewing of child pornography is not only a violation of federal law, but is also a further violation of the child victims’ privacy and renewal of their abuse. The Washington State Legislature recently enacted Substitute House Bill 2177 (“H.B. 2177”), which amends the legislative findings …