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Full-Text Articles in Criminal Law
Excluding Coerced Witness Testimony To Protect A Criminal Defendant's Right To Due Process Of Law And Adequately Deter Police Misconduct, Katherine Sheridan
Excluding Coerced Witness Testimony To Protect A Criminal Defendant's Right To Due Process Of Law And Adequately Deter Police Misconduct, Katherine Sheridan
Fordham Urban Law Journal
This Note argues that the Due Process Clause must protect criminal defendants from the admission of an involuntary statement made by a witness. Part I discusses the history of the use of involuntary statements, specifically the justifications for the exclusion of coerced confessions. Part II examines how various courts have addressed the issue and have come to different conclusions. Part III explains why involuntary witness statements should be excluded under the Due Process Clause in criminal trials.
Criminal Law- Reckless Endangerment And Coercion- Union Officials May Be Liable To Criminal Prosecution In Strike Of Essential Public Employees. People V. Vizzini, 78 Misc. 2d 1040, 359 N.Y.S.2d 143 (Sup. Ct. 1974)., James Clark Quinn
Fordham Urban Law Journal
Defendants, officers of the Uniformed Firefighters Association (UFA), were charged with reckless endangerment in the second degree, attempted coercion, reckless endangerment of property, and related crimes. The basis of these charges was the five and one-half hour New York City fireman's strike called by defendants despite express Taylor Law prohibitions against strikes by public employees. Defendants moved to dismiss the indictment on the grounds that a strike by firemen could not be the basis of a criminal prosecution, arguing that the Taylor Law provided the exclusive remedies and sanctions for public employee labor disputes. The New York Supreme Court denied …