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Articles 1 - 14 of 14
Full-Text Articles in Criminal Procedure
Post-Crawford: Time To Liberalize The Substantive Admissibility Of A Testifying Witness's Prior Consistent Statements, Lynn Mclain
Post-Crawford: Time To Liberalize The Substantive Admissibility Of A Testifying Witness's Prior Consistent Statements, Lynn Mclain
All Faculty Scholarship
The United States Supreme Court's 1995 decision in Tome v. United States has read Federal Rule of Evidence 801(d)(1)(B) to prevent the prosecution's offering a child abuse victim's prior consistent statements as substantive evidence. As a result of that decision, the statements will also be inadmissible even for the limited purpose of helping to evaluate the credibility of a child, if there is a serious risk that the out-of-court statements would be used on the issue of guilt or innocence.
Moreover, after the Court's March 2004 decision in Crawford v. Washington, which redesigned the landscape of Confrontation Clause analysis, other …
Dickerson V. United States: The Case That Disappointed Miranda's Critics--And Then Its Supporters, Yale Kamisar
Dickerson V. United States: The Case That Disappointed Miranda's Critics--And Then Its Supporters, Yale Kamisar
University of San Diego Public Law and Legal Theory Research Paper Series
It is difficult, if not impossible, to discuss Dickerson v. United States intelligently without discussing Miranda, whose constitutional status Dickerson reaffirmed (or, one might say, resuscitated). It is also difficult, if not impossible, to discuss the Dickerson case intelligently without discussing cases the Court has handed down in the five years since Dickerson was decided. The hard truth is that in those five years the reaffirmation of Miranda’s constitutional status has become less and less meaningful.
In this paper I want to focus on the Court’s characterization of statements elicited in violation of the Miranda warnings as not actually “coerced” …
Punishment Decisions At Conviction: Recognizing The Jury As Fault-Finder, Michael T. Cahill
Punishment Decisions At Conviction: Recognizing The Jury As Fault-Finder, Michael T. Cahill
Faculty Scholarship
No abstract provided.
Faith-Based Miranda: Why The New Missouri V. Seibert Police Bad Faith Test Is A Terrible Idea, Joelle A. Moreno
Faith-Based Miranda: Why The New Missouri V. Seibert Police Bad Faith Test Is A Terrible Idea, Joelle A. Moreno
Faculty Publications
No abstract provided.
Calling In The Dogs: Suspicionless Sniff Searches And Reasonable Expectations Of Privacy, 56 Case W. Res. L. Rev. 285 (2005), Cecil J. Hunt Ii
Calling In The Dogs: Suspicionless Sniff Searches And Reasonable Expectations Of Privacy, 56 Case W. Res. L. Rev. 285 (2005), Cecil J. Hunt Ii
UIC Law Open Access Faculty Scholarship
No abstract provided.
Crawford V. Washington, The Confrontation Clause, And Hearsay: A New Paradigm For Illinois Evidence Law, 36 Loy. U. Chi. L.J. 703 (2005), Ralph Ruebner, Timothy Scahill
Crawford V. Washington, The Confrontation Clause, And Hearsay: A New Paradigm For Illinois Evidence Law, 36 Loy. U. Chi. L.J. 703 (2005), Ralph Ruebner, Timothy Scahill
UIC Law Open Access Faculty Scholarship
No abstract provided.
Strategies For Challenging Police Drug Jargon Testimony, Joelle A. Moreno
Strategies For Challenging Police Drug Jargon Testimony, Joelle A. Moreno
Faculty Publications
No abstract provided.
“Testimonial” And The Formalistic Definition: The Case For An “Accusatorial” Fix, Robert P. Mosteller
“Testimonial” And The Formalistic Definition: The Case For An “Accusatorial” Fix, Robert P. Mosteller
Faculty Scholarship
The definition that the Supreme Court ultimately gives to the concept of testimonial statements will obviously be of critical importance in determining whether the new Confrontation Clause analysis adopted by Crawford affects only a few core statements or applies to a broader group of accusatorial statements knowingly made to government officials and perhaps private individuals at arm's length from the speaker. I contend that the broader definition is more consistent with the anti-inquisitorial roots of the Confrontation Clause when that provision is applied in the modern world. If my sense of the proper scope of the clause is roughly correct, …
Admitting Mental Health Evidence To Impeach The Credibility Of A Sexual Assault Complainant, Tess Wilkinson-Ryan
Admitting Mental Health Evidence To Impeach The Credibility Of A Sexual Assault Complainant, Tess Wilkinson-Ryan
All Faculty Scholarship
No abstract provided.
Juror Bias Is A Special Problem In High-Profile Trials, Valerie P. Hans
Juror Bias Is A Special Problem In High-Profile Trials, Valerie P. Hans
Cornell Law Faculty Publications
Scott Peterson's jury convicted him and sentenced him to death. Whether he had a fair jury is a question that the appellate courts will confront as they review Peterson's appeal of his conviction and sentence. Would the jury have reached the same decisions if the case had not been so extensively covered in the media? Or was Scott Peterson condemned by media publicity? Whatever your verdict, the Peterson trial provides yet another example of the hurdles to fair trials in high-profile cases.
Grappling With The Meaning Of 'Testimonial', Richard D. Friedman
Grappling With The Meaning Of 'Testimonial', Richard D. Friedman
Articles
Crawford v. Washington, has adopted a testimonial approach to the Confrontation Clause of the Sixth Amendment. Under this approach, a statement that is deemed to be testimonial in nature may not be introduced at trial against an accused unless he has had an opportunity to cross-examine the person who made the statement and that person is unavailable to testify at trial. If a statement is not deemed to be testimonial, then the Confrontation Clause poses little if any obstacle to its admission.2 A great deal therefore now rides on the meaning of the word "testimonial."
Confrontation After Crawford, Richard D. Friedman
Confrontation After Crawford, Richard D. Friedman
Articles
The following edit excerpt, drawn from "The Confrontation Clause Re-Rooted and Transformed," 2003-04 Cato Supreme Court Review 439 (2004), by Law School Professor Richard D. Friedman, discusses the impact, effects, and questions generated by the U.S. Supreme Court's ruling in Crawford v. Washington last year that a defendant is entitled to confront and cross-examine any testimonial statement presented against him. In Crawford, the defendant, charged with attacking another man with a knife, contested the trial court's admission of a tape-recorded statement his wife made to police without giving him the opportunity to cross-examine. The tiral court admitted the statement, and …
Deviance, Due Process, And The False Promise Of Federal Rule Of Evidence 403, Aviva A. Orenstein
Deviance, Due Process, And The False Promise Of Federal Rule Of Evidence 403, Aviva A. Orenstein
Articles by Maurer Faculty
In a significant break with traditional evidence rules and policies, Federal Rules of Evidence 413 and 414 (concerning rape and child abuse, respectively) allow jurors to use the accused's prior sexual misconduct as evidence of character and propensity. Courts have rejected due process challenges to the new rules, holding that Federal Rule of Evidence 403 serves as a check on any fairness concerns. However, courts' application of Rule 403 in cases involving these sexual propensity rules is troubling. Relying on the legislative history of the new rules and announcing a presumption of admissibility, courts have forsaken the traditional operation of …
Crawford Surprises: Mostly Unpleasant, Richard D. Friedman
Crawford Surprises: Mostly Unpleasant, Richard D. Friedman
Articles
Crawford v. Washington should not have been surprising. The Confrontation Clause guarantees a criminal defendant the right "to be confronted with the witnesses against him." The doctrine of Ohio v. Roberts, treating the clause as a general proscription against the admission of hearsay-except hearsay that fits within a "firmly rooted" exception or is otherwise deemed reliable-had so little to do with the constitutional text, or with the history or principle behind it, that eventually it was bound to be discarded. And the appeal of a testimonial approach to the clause seemed sufficiently strong to yield high hopes that ultimately the …