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Full-Text Articles in Law
Improving The Reliability Of Criminal Trials Through Legal Rules That Encourage Defendants To Testify, Jeffrey Bellin
Improving The Reliability Of Criminal Trials Through Legal Rules That Encourage Defendants To Testify, Jeffrey Bellin
Faculty Publications
Reflecting a traditional bias against defendants' trial testimony, the modern American criminal justice system, which now recognizes a constitutional right to testify at trial, unabashedly encourages defendants to waive that right and remain silent. As a result, a large percentage of criminal defendants decline to testify, forcing juries to decide the question of the defendant's guilt without ever hearing from the person most knowledgeable on the subject.
This Article contends that the inflated percentage of silent defendants in the American criminal trial system is a needless, self-inflected wound, neither required by the Constitution nor beneficial to the search for truth. …
Raise The Proof: A Default Rule For Indigent Defense, Adam M. Gershowitz
Raise The Proof: A Default Rule For Indigent Defense, Adam M. Gershowitz
Faculty Publications
Almost everyone agrees that indigent defense in America is underfunded, but workable solutions have been hard to come by. For the most part, courts have been unwilling to inject themselves into legislative budget decisions. And, when courts have become involved and issued favorable decisions, the benefits have been only temporary because once the pressure of litigation disappears so does a legislature's desire to appropriate more funding. This Article proposes that if an indigent defense system is under-funded, the state supreme court should impose a default rule raising the standard of proof to "beyond all doubt" to convict indigent defendants. The …
State Constitutional Protection For Defendants In Criminal Prosecutions, Paul Marcus
State Constitutional Protection For Defendants In Criminal Prosecutions, Paul Marcus
Faculty Publications
No abstract provided.
Proving Entrapment Under The Predisposition Test, Paul Marcus
Proving Entrapment Under The Predisposition Test, Paul Marcus
Faculty Publications
No abstract provided.