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Full-Text Articles in Law

Criminal Law And Procedure, Aaron J. Campbell Nov 2017

Criminal Law And Procedure, Aaron J. Campbell

University of Richmond Law Review

This article aims to give a succinct review of notable criminal

law and procedure cases decided by the Supreme Court of Virginia

and the Court of Appeals of Virginia during the past year. Instead

of covering every ruling or rationale in these cases, the article

focuses on the "take-away" of the holdings with the most

precedential value. The article also summarizes noteworthy

changes to criminal law and procedure enacted by the 2017 Virginia

General Assembly.


"Sweet Childish Days": Using Developmental Psychology Research In Evaluating The Admissibility Of Out-Of-Court Statements By Young Children, Lynn Mclain Oct 2017

"Sweet Childish Days": Using Developmental Psychology Research In Evaluating The Admissibility Of Out-Of-Court Statements By Young Children, Lynn Mclain

Maine Law Review

Young children are frequently precluded from testifying at trial on the grounds of incompetency because they cannot answer questions about abstract concepts regarding “truth” and “lies.” In this situation, should the child’s earlier, out-of-court statements disclosing the abuse and identifying the abuser also be inadmissible? The stakes are huge. If young children cannot testify, and their out-of-court statements are precluded, they simply become safe prey, unprotected by the judicial system. The pivotal question becomes, are there procedures that can ensure fairness both to children and to their alleged abusers? This article argues that a child’s testimonial incapacity at trial ought …


Videoconferencing: Not A Foreign Language To International Courts, Riley A. Williams Sep 2017

Videoconferencing: Not A Foreign Language To International Courts, Riley A. Williams

Oklahoma Journal of Law and Technology

No abstract provided.


Bias In Blue: Instructing Jurors To Consider The Testimony Of Police Officer Witnesses With Caution, Vida B. Johnson Apr 2017

Bias In Blue: Instructing Jurors To Consider The Testimony Of Police Officer Witnesses With Caution, Vida B. Johnson

Pepperdine Law Review

Jurors in criminal trials are instructed by the judge that they are to treat the testimony of a police officer just like the testimony of any other witness. Fact-finders are told that they should not give police officer testimony greater or lesser weight than any other witness they will hear from at trial. Jurors are to accept that police are no more believable or less believable than anyone else. Jury instructions regarding police officer testimony stand in contrast to the instructions given to jurors when a witness with a legally recognized interest in the outcome of the case has testified. …