Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Devil Take The Hindmost: Reform Considerations For States With A Constitutional Right To Bail, Jordan Gross
Devil Take The Hindmost: Reform Considerations For States With A Constitutional Right To Bail, Jordan Gross
Akron Law Review
There is no federal constitutional right to bail. This means the question of who is bailable in state court is left entirely to state law. Most original state constitutions guaranteed that “all persons shall be bailable by sufficient sureties,” except those charged with a narrow category of serious offenses (typically capital crimes). This traditional right to bail is categorical – if an accused is charged with a bailable offense, the trial court must set bail, and it must release the accused if he, or someone on his behalf, posts bail. The trial court can impose conditions of release, including requiring …
The Horror In Our Heads: Cultural Trauma Expert Testimony In U.S. Courts, Elizabeth Topolosky
The Horror In Our Heads: Cultural Trauma Expert Testimony In U.S. Courts, Elizabeth Topolosky
Akron Law Review
Over the past twenty years, the international criminal tribunals have increasingly relied upon expert testimony describing the intergenerational and cultural effects of mass trauma events in their decisions. The admission of such broad, generalized expert testimony is facilitated by permissive rules of evidence and the broad and complex scope of international criminal litigation. To date, few litigators have attempted to present American courts with similar expert testimony. This article explores the admissibility and uses of this kind of evidence in American legal forums and provides a how-to guide for practitioners hoping to use similar testimony to build their cases.