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The Third Generation Of Indigent Defense Litigation, Cara H. Drinan
The Third Generation Of Indigent Defense Litigation, Cara H. Drinan
Scholarly Articles
For years, scholars have documented the national crisis in indigent defense and its many tragic implications, and yet the crisis persists. Traditionally, the appellate and political processes were the exclusive avenues for indigent defense reform, and each suffered from critical infirmities. By the 1970's, individuals and groups began to seek prospective judicial reform of indigent defense systems. Widely used in other arenas, systemic suits based on the Sixth Amendment have been few in number and, at least in their early form, relatively unsuccessful. Other scholars have provided a descriptive account of structural litigation to improve indigent defense, and this article …
Confrontation, Forfeiture, And Giles V. California: An Interim User’S Guide, Clifford S. Fishman
Confrontation, Forfeiture, And Giles V. California: An Interim User’S Guide, Clifford S. Fishman
Scholarly Articles
This Article examines the implications of Giles v. California. It begins in Part II by examining the Confrontation Clause before Giles, and explains how Crawford v. Washington upended the Clause's prior interpretation in Ohio v. Roberts, by excluding all "testimonial" statements, however "trustworthy" a court might consider them to be. It then provides a brief explanation of the forfeiture doctrine and its endorsement in Crawford. Part III consists of a detailed examination and critique of the Court's resolution of the central issue in Giles: that the forfeiture doctrine applies only when the prosecution can show that the defendant killed …
How To Analyze The Accuracy Of Eyewitness Testimony In A Criminal Case, Richard A. Wise, Clifford S. Fishman, Martin A. Safer
How To Analyze The Accuracy Of Eyewitness Testimony In A Criminal Case, Richard A. Wise, Clifford S. Fishman, Martin A. Safer
Scholarly Articles
This Article describes a method for analyzing the accuracy of eyewitness testimony that will significantly enhance the ability of the criminal justice system to assess eyewitness accuracy. The method consists of the following components: First, ascertain whether law enforcement conducted the eyewitness interviews in a manner that obtained the maximum amount of information from the eyewitness, did not contaminate the eyewitness's memory of the crime, or artificially increase the eyewitness's confidence. Next, determine whether the identification procedures in the case were fair and unbiased. Finally, evaluate what eyewitness factors during the crime are likely to have increased or decreased the …