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Articles 1 - 7 of 7
Full-Text Articles in Law
I Cannot Tell A Lie: The Standard For New Trial In False Testimony Cases, Daniel Wolf
I Cannot Tell A Lie: The Standard For New Trial In False Testimony Cases, Daniel Wolf
Michigan Law Review
This Note examines the question of what standard should be used for granting a new trial when a defendant's conviction is alleged to have been based, at least in part, on false testimony. Part I demonstrates the failure of the existing standards to strike a satisfactory balance between defendants' rights and the efficient administration of the criminal justice system. Part II argues that motions for retrial based upon false testimony should be governed by a standard drawn not only from newly discovered evidence cases generally, but also from cases involving prosecutorial misconduct. Finally, Part III suggests that the proper test …
Two Models Of The Fourth Amendment, Craig M. Bradley
Two Models Of The Fourth Amendment, Craig M. Bradley
Michigan Law Review
Fourth amendment critics rank in rows, and it has been repeatedly pointed out that individual cases are inconsistent with each other or that whole chunks of doctrine, such as the automobile exception or the plain view exception, are either misconceived, too broad, or too narrow. But these critics all play the Court on its own field, simply arguing as tenth Justices that the doctrines should be tinkered with in different ways than the Court has done. This Article, in contrast, suggests that current fourth amendment law, complete with the constant tinkering which it necessarily entails, should be abandoned altogether. Instead, …
Rejoinder: Truth, Justice, And The American Way--Or Professor Haddad's "Hard Choices", John M. Burkoff
Rejoinder: Truth, Justice, And The American Way--Or Professor Haddad's "Hard Choices", John M. Burkoff
University of Michigan Journal of Law Reform
I frankly think that Professor Haddad's response to my article on pretext searches is first-rate. It is articulate; it is thoughtful and scholarly; it sharpens the issues and the analysis in this area; and, for the most part, I think his criticisms of various portions of my own work present my positions fairly and honestly. On the other hand, I think that Professor Haddad is dead wrong.
The Admissibility Of Prior Silence To Impeach The Testimony Of Criminal Defendants, Rex A. Sharp
The Admissibility Of Prior Silence To Impeach The Testimony Of Criminal Defendants, Rex A. Sharp
University of Michigan Journal of Law Reform
This Note focuses on whether a defendant who was called as a witness at the prior, severed trial of a codefendant and refused to testify by invoking the fifth amendment can subsequently be impeached by this silence at his own trial. In addition to the obvious implications this issue has for severed criminal trials, the factors considered when deciding whether impeachment by silence should be allowed generally are in sharpest focus in this factual setting. Thus, the analysis of the constitutional and evidentiary questions this Note enlists to argue that impeachment by silence in this context is permissible applies as …
Pretextual Fourth Amendment Activity: Another Viewpoint, James B. Haddad
Pretextual Fourth Amendment Activity: Another Viewpoint, James B. Haddad
University of Michigan Journal of Law Reform
Pretextual detentions, arrests, and searches pose knotty fourth amendment problems. With an air of plausibility, defense attorneys often accuse police of pretextual use of arrest warrants, search warrants, and various exceptions to the warrant requirement. Specifically, they contend that officers have utilized a particular fourth amendment doctrine to obtain certain evidence even though courts have not assigned as a reason for approving the doctrine the need to discover such evidence.
(Almost) Everything You Wanted To Know About Criminal Procedure, Charles F.C. Ruff
(Almost) Everything You Wanted To Know About Criminal Procedure, Charles F.C. Ruff
Michigan Law Review
A Review of Criminal Procedure by Wayne R. LaFave and Jerold H. Israel
Verdict According To Conscience: Perspectives On The English Criminal Trial Jury 1200-1800, Thomas A. Green
Verdict According To Conscience: Perspectives On The English Criminal Trial Jury 1200-1800, Thomas A. Green
Books
This book treats the history of the English criminal trial jury from its origins to the eve of the Victorian reforms in the criminal law. It consists of eight free-standing essays on important aspects of that history and a conclusion. Each chapter addresses the phenomenon that has come to be known as "jury nullification," the exercise of jury discretion in favor of a defendant whom the jury nonetheless believes to have committed the act with which he is charged. Historically, some instances of nullification reflect the jury's view that the act in question is not unlawful, while in other cases …