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Articles 1 - 8 of 8
Full-Text Articles in Law
Standard Of Review For Prosecutorial Use Of Race Evidence During Trial, Peter Chung
Standard Of Review For Prosecutorial Use Of Race Evidence During Trial, Peter Chung
University of Michigan Journal of Law Reform
This Note argues that unfettered use of cultural evidence by prosecutors creates the same problems as would the use of evidence of race to show propensity of the accused to act. Using Wisconsin v. Chu as a case study, the author demonstrates that cultural evidence, just as any other evidence to show propensity to act, must rest upon the proper evidentiary foundation and that prosecutors must be sharply constrained in their use of cultural evidence.
Theater In The Courtroom, The Chicago Conspiracy Trial, Pnina Lahav
Theater In The Courtroom, The Chicago Conspiracy Trial, Pnina Lahav
Faculty Scholarship
The Chicago Conspiracy Trial (otherwise known as the Chicago Seven Trial) is a Rorschach test of American society in the late 1960s and early 1970s. Following the riots at the Democratic Convention in Chicago in 1968, leaders of the antiwar movement, the counterculture and the Black Panthers were put on trial for a "conspiracy to cross state lines with intent to incite a riot." The trial has been too easily dismissed as a circus, not worthy of legal attention, when in fact it does contain important legal insights. This paper suggests that the theory of the theater provides the key …
The Unknown Past Of Lawrence V. Texas, Dale Carpenter
The Unknown Past Of Lawrence V. Texas, Dale Carpenter
Michigan Law Review
On the night of September 17, 1998, someone called the police to report that a man was going crazy with a gun inside a Houston apartment. When Harris County sheriff's deputies entered the apartment they found no person with a gun but did witness John Lawrence and Tyron Gamer having anal sex. This violated the Texas Homosexual Conduct law, and the deputies hauled them off to jail for the night. Lawyers took the men's case to the Supreme Court and won a huge victory for gay rights. So goes the legend of Lawrence v. Texas. Do not believe it. …
Two Standards Of Competency Are Better Than One: Why Some Defendants Who Are Not Competent To Stand Trial Should Be Permitted To Plead Guilty, Jason R. Marshall
Two Standards Of Competency Are Better Than One: Why Some Defendants Who Are Not Competent To Stand Trial Should Be Permitted To Plead Guilty, Jason R. Marshall
University of Michigan Journal of Law Reform
This Note argues that the present uniform standard of competency, competence to stand trial, be abolished in favor of two standards: competence to stand trial and competence to plea bargain. Part I traces the history of the competency standard by exploring its common law origins, the Supreme Court rulings that frame the debate, an academic reformulation of the competency inquiry, and the interests protected by requiring that defendants be competent to proceed through the criminal process. Part II contrasts the cognitive abilities, capacity to communicate with counsel, and courtroom behavior of defendants standing trial with those qualities required of defendants …
Judges As Film Critics: New Approaches To Filmic Evidence, Jessica M. Silbey
Judges As Film Critics: New Approaches To Filmic Evidence, Jessica M. Silbey
University of Michigan Journal of Law Reform
This Article exposes internal contradictions in case law concerning the use and admissibility of film as evidence. Based on a review of more than ninety state and federal cases dating from 1923 to the present, the Article explains how the source of these contradictions is the frequent miscategorization of film as "demonstrative evidence, "evidence that purports to illustrate other evidence, rather than to be directly probative of some fact at issue. The Article further demonstrates how these contradictions are based on two venerable jurisprudential anxieties. One is the concern about the growing trend toward replacing the traditional testimony of live …
The Battle To Establish An Adversarial Trial System In Italy, William T. Pizzi, Mariangela Montagna
The Battle To Establish An Adversarial Trial System In Italy, William T. Pizzi, Mariangela Montagna
Michigan Journal of International Law
This Article is intended to bring the U.S. legal community up to date on the attempt in Italy to put in place a more accusatorial trial system. The Article is divided into three sections. Section I describes the central provisions of the Code of Criminal Procedure that was adopted in 1988. It shows that a close look at the Italian system reveals that it was never intended to be an exact model of either the U.S. or English trial systems, because it always contained central features that are found in civil law systems on the continent. Rather, the changes in …
The Battle To Establish An Adversarial Trial System In Italy, William T. Pizzi, Mariangela Montagna
The Battle To Establish An Adversarial Trial System In Italy, William T. Pizzi, Mariangela Montagna
Publications
No abstract provided.
Color/Identity/Justice: Chicano Trials (Book Review), Anthony V. Alfieri
Color/Identity/Justice: Chicano Trials (Book Review), Anthony V. Alfieri
Articles
No abstract provided.