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Articles 1 - 10 of 10
Full-Text Articles in Law
"The" Rule: Modernizing The Potent, But Overlooked, Rule Of Witness Sequestration, Daniel J. Capra, Liesa L. Richter
"The" Rule: Modernizing The Potent, But Overlooked, Rule Of Witness Sequestration, Daniel J. Capra, Liesa L. Richter
William & Mary Law Review
Starting with its illustration in the Apocrypha and continuing into the modern day both in courtrooms and in ubiquitous criminal procedurals, one evidence rule has proven so powerful that it has become known as “THE” Rule of Evidence. The rule of witness sequestration demands that multiple witnesses to the same events be examined separately from one another to prevent them from, consciously or subconsciously, tailoring their testimony to ensure that it remains consistent. Witness sequestration is conceptually simplistic and famously mighty. Yet, this bedrock protection against inaccurate trial testimony is imperiled by conflicting interpretations of Federal Rule of Evidence 615, …
Group Agency And Legal Proof; Or, Why The Jury Is An “It”, Michael S. Pardo
Group Agency And Legal Proof; Or, Why The Jury Is An “It”, Michael S. Pardo
William & Mary Law Review
Jurors decide whether certain facts have been proven according to the applicable legal standards. What is the relationship between the jury, as a collective decision-making body, on one hand, and the views of individual jurors, on the other? Is the jury merely the sum total of the individual views of its members? Or do juries possess properties and characteristics of agency (for example, beliefs, knowledge, preferences, intentions, plans, and actions) that are in some sense distinct from those of its members? This Article explores these questions and defends a conception of the jury as a group agent with agency that …
Sentencing Roulette: How Virginia’S Criminal Sentencing System Is Imposing An Unconstitutional Trial Penalty That Suppresses The Rights Of Criminal Defendants To A Jury Trial, Caleb R. Stone
William & Mary Bill of Rights Journal
No abstract provided.
Empirical Research Report: The Use Of Technology In The Jury Room To Enhance Deliberations, Fredric I. Lederer
Empirical Research Report: The Use Of Technology In The Jury Room To Enhance Deliberations, Fredric I. Lederer
Faculty Publications
Modern courtroom technology permits the use of technology in the jury deliberation room to enhance deliberations in both traditional trials and technology-augmented cases. SJI-funded research conducted by the Courtroom 21 Project surveyed the law of the United States with respect to statutory and case law governing the use of exhibits during deliberations; surveyed the state courts and, with the assistance of the Federal Judicial Center, the United States district courts concerning their deliberation practices and courtroom technology use; and conducted two controlled studies of the use of deliberation room technology in both traditional and technology-augmented trials. The Courtroom 21 protocol …
The Perils Of Presidential Impeachment, Michael J. Gerhardt
The Perils Of Presidential Impeachment, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Hustler Magazine V. Falwell: A Mislitigated And Misreasoned Case, Bruce Fein
Hustler Magazine V. Falwell: A Mislitigated And Misreasoned Case, Bruce Fein
William & Mary Law Review
No abstract provided.
Law As The Engine Of State: The Trial Of Anne Boleyn, Margery S. Schauer, Frederick Schauer
Law As The Engine Of State: The Trial Of Anne Boleyn, Margery S. Schauer, Frederick Schauer
William & Mary Law Review
No abstract provided.
Book Review Of The Biography Of A Legal Dispute, Charles E. Torcia
Book Review Of The Biography Of A Legal Dispute, Charles E. Torcia
William & Mary Law Review
No abstract provided.
Final Argument: Conduct Of Virginia Counsel, James P. Whyte Jr.
Final Argument: Conduct Of Virginia Counsel, James P. Whyte Jr.
William & Mary Law Review
No abstract provided.
Cases And Materials On Trials, Judgments, And Appeals, Bolling R. Powell Jr.
Cases And Materials On Trials, Judgments, And Appeals, Bolling R. Powell Jr.
Faculty Publications
No abstract provided.