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Series

Criminal Procedure

Pace University

2001

Articles 1 - 2 of 2

Full-Text Articles in Law

Child Witnesses And Procedural Fairness, Bennett L. Gershman Jan 2001

Child Witnesses And Procedural Fairness, Bennett L. Gershman

Pace Law Faculty Publications

Professor Gershman's Article notes that courts and lawmakers have changed procedural and evidentiary rules to protect child witnesses in child sexual abuse cases. Gershman discusses how courts apply the changed rules with careful scrutiny in an effort to ensure that the interests of the child witness and the accused defendant are appropriately balanced.


The Prosecutor's Duty To Truth, Bennett L. Gershman Jan 2001

The Prosecutor's Duty To Truth, Bennett L. Gershman

Pace Law Faculty Publications

Part I of this Article discusses the prosecutor's duty to refrain from conduct that impedes the search for truth. A prosecutor may impede the truth-finding process in several ways: (1) distorting the truth by attacking the defendant's character, misleading and misrepresenting facts, and engaging in inflammatory conduct; (2) subverting the truth by making false statements and presenting false evidence; (3) suppressing the truth by failing to disclose potentially truth-enhancing evidence or obstructing defense access to potentially truth-enhancing evidence; and (4) other truth-disserving conduct that exploits defense counsel's misconduct and mistakes and prevents introduction of potentially truth-serving defenses ...