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Articles 1 - 10 of 10
Full-Text Articles in Law
In Defense Of The Search And Seizure Exclusionary Rule (Law And Truth - The Twenty-First Annual National Student Federalist Society Symposium On Law And Public Policy - 2002), Yale Kamisar
Articles
think Dean Pye's advice about casebook writing was sound,6 and what he had to say also applies to discussions and debates about such issues as the search and seizure exclusionary rule. We cannot (at least we should not) begin with Mapp v. Ohio. We need a prelude.
Blending Criminal Procedure At The Ad Hoc Tribunals, William A. Schabas
Blending Criminal Procedure At The Ad Hoc Tribunals, William A. Schabas
Michigan Journal of International Law
Review of International Criminal Evidence by Richard May & Marieke Wierda
Protection Against Unwarranted Searches And Seizures Of Corporate Premises Under Article 8 Of The European Convention On Human Rights: The Colas Est Sa V. France Approach, Marius Emberland
Michigan Journal of International Law
In this Article, the author considers the judgment delivered April 16, 2002, by the European Court of Human Rights in the case of Colas Est SA v. France. The judgment concerned the interpretation of Article 8 of the European Convention on Human Rights (ECHR), which provides: (1) Everyone has the right to respect for his private and family life, his home and his correspondence. (2) There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests …
An Accuser-Obligation Approach To The Confrontation Clause, Sherman J. Clark
An Accuser-Obligation Approach To The Confrontation Clause, Sherman J. Clark
Articles
This Essay argues that the Confrontation Clause of the Sixth Amendment ought to be re-understood as primarily an accuser's obligation rather than primarily as a defendant's right. We demand that those who would perform this potentially dangerous, morally weighty, and symbolically loaded act-the act of accusation-be willing to do so face to face. We impose this requirement not only because out-of-court accusations are unreliable, though they may often be, but also in response to a deep, if inchoate, feeling that it is somehow beneath us inconsistent with our sense of who we want to be as a community-to allow witnesses …
Crawford V. Washington, Richard D. Friedman
Crawford V. Washington, Richard D. Friedman
Articles
On June 9, by granting certiorari in Crawford v. Washington, 02-9410, the Supreme Court signaled its intention to enter once again into the realm of the Confrontation Clause, in which it has found itself deeply perplexed. This time there was a difference, however, because the grant indicated that the Court might be willing to rethink its jurisprudence in this area. Crawford, like Lee v. Illinois, 476 U.S. 530 (1986), and Lilly v. Virginia, 527 U.S. 116 (1999), presents a classic case of what might be called station-house testimony. Michael Crawford was accused of stabbing another man. His wife, Sylvia, was …
Weighing Poison Fruit, Yale Kamisar
Weighing Poison Fruit, Yale Kamisar
Articles
In the simplest cases involving the exclusion of illegally obtained evidence, the items the defense is trying to suppress, such as drugs found during the search of a suspect's pocket, are direct, or primary, in their relationship to the police action. Thus, if the police have acted unlawfully, the evidence must be excluded from trial.
Many times, however, evidence is derivative, or secondary, in character. For example, an illegal search may turn up a key to an airport locker where the proceeds of a bank robbery are being kept. Or a coerced confession may reveal the place where a suspect …
The Death Penalty And Adversarial Justice In The United States, Samuel R. Gross
The Death Penalty And Adversarial Justice In The United States, Samuel R. Gross
Book Chapters
In a volume devoted to comparing adversarial and inquisitorial procedures in Western countries, the subject of the death penalty is an anomaly. Any system of adjudication must address several basic tasks: how to obtain information from parties and witnesses, how to evaluate that information, how to utilize expert knowledge, how to act in the face of uncertainty, how to review and reconsider decisions. By comparing how competing systems deal with these tasks we can hope to learn something about the strengths and weaknesses of alternative approaches to common problems. The death penalty, however, is not an essential function of a …
How Much Do We Really Know About Race And Juries? A Review Of Social Science Theory And Research, Samuel R. Sommers, Phoebe C. Ellsworth
How Much Do We Really Know About Race And Juries? A Review Of Social Science Theory And Research, Samuel R. Sommers, Phoebe C. Ellsworth
Articles
The past decade has witnessed numerous high-profile criminal trials in which controversial verdicts have been attributed to racethe race of the defendant, the racial composition of a jury, an attorney "playing the race card," and so on. A predominantly Black jury's acquittal of O.J. Simpson and White jurors' leniency in the police brutality cases of Rodney King and Amadou Diallo not only sparked public debate, but also led to rioting and violence. In the wake of trials such as these, many have questioned the viability of the American jury system.' More specific questions regarding the influence of race on jury …
Sometimes What Everybody Thinks They Know Is True, Richard D. Friedman, Roger C. Park
Sometimes What Everybody Thinks They Know Is True, Richard D. Friedman, Roger C. Park
Articles
This essay responds to D. Davis and W. C. Follette (2002), who question the value of motive evidence in murder cases. They argue that the evidence that a husband had extramartial affairs, that he heavily insured his wife's life, or that he battered his wife is ordinarily of infinitesimal probative value. We disagree. To be sure, it would be foolish to predict solely on the basis of such evidence that a husband will murder his wife. However, when this kind of evidence is cobmined with other evidence in a realistic murder case, the evidence can be quite probative. We analyze …
Confrontation As A Hot Topic: The Virtues Of Going Back To Square One, Richard D. Friedman
Confrontation As A Hot Topic: The Virtues Of Going Back To Square One, Richard D. Friedman
Articles
I have been working so obsessively on the accused's right to confront the witnesses against him 1 that I am gratified that the organizers of this conference have designated confrontation as one of the "hot topics" of Evidence law. I am not so egotistical as to think that my work has made confrontation into a hot topic; I am just glad to know that I am working where a good deal of action is, and that other scholars recognize that confrontation is an important area in which dramatic changes may be occurring.