Criminal Law Commons^™

Professor Jeffrey Bellin: Reflections On The Fall 2020 Semester, Jeffrey Bellin

Law School Personal Reflections on COVID-19

No abstract provided.

The Challenge Of Convincing Ethical Prosecutors That Their Profession Has A Brady Problem, Adam M. Gershowitz

Faculty Publications

In recent decades, both the media and legal scholars have documented the widespread problem of prosecutors failing to disclose favorable evidence to the defense – so called Brady violations. Despite all of this documentation however, many ethical prosecutors reject the notion that the criminal justice system has a Brady problem. These prosecutors – ethical lawyers who themselves have not been accused of misconduct – believe that the scope of the Brady problem is exaggerated. Why do ethical prosecutors downplay the evidence that some of their colleagues have committed serious errors?

This essay, in honor of Professor Bennett Gershman, points to …

Deconstructing The Epistemic Challenges To Mass Atrocity Prosecutions, Nancy Amoury Combs

Faculty Publications

Mass atrocity prosecutions are credited with advancing a host of praiseworthy objectives. They are believed to impose much-needed retribution, deter future atrocities, and affirm the rule of law in previously lawless societies. However, mass atrocity prosecutions will accomplish none of these laudable ends unless they are able to find accurate facts. Convicting the appropriate individuals of the appropriate crimes is a necessary and foundational condition for the success of mass atrocity prosecutions. But it is a condition that is frequently difficult to meet, as mass atrocity prosecutions are often bedeviled by pervasive and invidious obstacles to accurate fact-finding. This Article …

Section 6: Criminal, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Promising Protection: 911 Call Records As Foundation For Family Violence Intervention, James G. Dwyer

Faculty Publications

No abstract provided.

It's Not Just About Miranda: Determining The Voluntariness Of Confessions In Criminal Prosecutions, Paul Marcus

Faculty Publications

No abstract provided.

Restrictions On Law Enforcement Investigation And Prosecution Of Crime, Paul Marcus

Faculty Publications

No abstract provided.

The Exclusion Of Evidence In The United States, Paul Marcus

Faculty Publications

No abstract provided.

Defending Miranda, Paul Marcus

Faculty Publications

No abstract provided.

Franks V. Delaware: A Proposed Interpretation And Application, Peter A. Alces

Faculty Publications

No abstract provided.

Co-Conspirator Declarations: The Federal Rules Of Evidence And Other Recent Developments, From A Criminal Law Perspective, Paul Marcus

Faculty Publications

Perhaps the most important advantage available to a prosecutor in a criminal conspiracy case is the exception to the hearsay rule for co-conspirator declarations. The exception is widely used and is often a significant part of the government presentation. In essence, it provides that otherwise inadmissible hearsay declarations of coconspirators are admissible at trial against the defendant so long as they were made during the course and in furtherance of the conspiracy. The exception typically arises when an alleged co-conspirator declarant tells the witness (often an undercover police officer) all about the conspiracy, perhaps in the hope of attracting a …

Reappraising The Legality Of Post-Trial Interviews, Fredric I. Lederer

Faculty Publications

No abstract provided.

Replacing The Exclusionary Rule With Administrative Rulemaking, Francis A. Gilligan, Fredric I. Lederer

Faculty Publications

No abstract provided.

The Law Of Confessions - The Voluntariness Doctrine, Fredric I. Lederer

Faculty Publications

No abstract provided.

Rights Warnings In The Armed Services, Fredric I. Lederer

Faculty Publications

No abstract provided.

Doing Away With The Exclusionary Rule, Francis A. Gilligan, Fredric I. Lederer

Faculty Publications

No abstract provided.