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Full-Text Articles in Law
Equity And Criminal Law, Howard Brill
Equity And Criminal Law, Howard Brill
School of Law Faculty Publications and Presentations
The relationship between courts of equity and the criminal law in Arkansas is laid out by two black letter rules: (1) equity will not enjoin a criminal prosecution, and (2) equity will not enjoin a crime. The basis of both rules is that equity should not intervene in criminal courts, unless no other remedy in the court of law exists. However, the exceptions allowed for each rule are different. Exceptions to the first rule include: cases involving property rights, multiple prosecutions, unlawful exactions, or prosecutions made in bad faith. The second rule allows for an exception when a criminal punishment …
Are Prosecutorial Ethics Standards Different?, Kevin C. Mcmunigal
Are Prosecutorial Ethics Standards Different?, Kevin C. Mcmunigal
Faculty Publications
Once a prosecutor determines to employ an expert, a number of distinct decisions must be confronted-from choosing the expert, to complying with discovery obligations, to presenting the testimony at trial. Part I of this essay considers the selection of experts. Although improper selection of experts can be viewed as merely another aspect of presenting misleading testimony, we treat it separately in this essay because the literature typically ignores it. Part 1I examines the pretrial disclosure of scientific evidence. The issues that have arisen in this context include late disclosure, omitting information from laboratory reports, declining to have a report prepared, …
Review Essay: Of Dissent And Discretion, Glenn Harlan Reynolds
Review Essay: Of Dissent And Discretion, Glenn Harlan Reynolds
Scholarly Works
A review essay centering around Clay S. Conrad's Jury Nullification: The Evolution of a Doctrine, and focusing on the largely unexamined - and not always positive - role of prosecutorial discretion. Plus, some suggestions on how to ensure that such discretion is better supervised in the future.