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Criminal Procedure Commons

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Articles 1 - 5 of 5

Full-Text Articles in Criminal Procedure

Confronting The Reluctant Accomplice, John G. Douglass Jan 2001

Confronting The Reluctant Accomplice, John G. Douglass

Law Faculty Publications

The Supreme Court treats the Confrontation Clause as a rule of evidence that excludes unreliable hearsay. But where the hearsay declarant is an accomplice who refuses to testify at defendant's trial, the Court's approach leads prosecutors and defendants to ignore real opportunities for confrontation, while they debate the reliability of hearsay. And even where the Court's doctrine excludes hearsay, it leads prosecutors to purchase the accomplice's testimony through a process that raises equally serious questions of reliability. Thus, the Court's approach promotes neither reliability nor confrontation. This Article advocates an approach that applies the Confrontation Clause to hearsay declarants in …


Balancing Hearsay And Criminal Discovery, John G. Douglass Jan 2000

Balancing Hearsay And Criminal Discovery, John G. Douglass

Law Faculty Publications

and prosecutors. Part I of this Article argues that the conventional theory of hearsaydiscovery balance does not reflect the reality of modem federal practice. An imbalance has arisen because, in the last quarter century, developments in the law of evidence and confrontation are at odds with developments-or one might say nondevelopments-in the law of criminal discovery. Since enactment of the Federal Rules of Evidence in 1975, both the law of evidence and modem Confrontation Clause doctrine have evolved toward broader admission of hearsay in criminal cases. Contrary to conventional theory, that evolution has at least matched-and probably has outpaced-the trend …


Evidentiary Use Of Other Crime Evidence: A Survey Of Recent Trends In Criminal Procedure, Susan Stuart Jan 1987

Evidentiary Use Of Other Crime Evidence: A Survey Of Recent Trends In Criminal Procedure, Susan Stuart

Law Faculty Publications

No abstract provided.


Equal Access To Evidence: The Case For The Defense Use Of Immunity For Essential Witnesses, Andrea Lyon Jul 1981

Equal Access To Evidence: The Case For The Defense Use Of Immunity For Essential Witnesses, Andrea Lyon

Law Faculty Publications

No abstract provided.


A Case For Jury Determination Of Search And Seizure Law, Ronald J. Bacigal Jan 1981

A Case For Jury Determination Of Search And Seizure Law, Ronald J. Bacigal

Law Faculty Publications

In a criminal case the option to return a general verdict of acquittal invests the jury with the raw power to nullify many legal determinations, including the trial judge's ruling that a search is constitutional. While courts grudingly acknowledge the existence of an extra-legal jury nullification power, courts do not recognize any jury prerogative to determine the lawfulness of a search. The United States Supreme Court's discussion of the jury's role in interpreting and applying the fourth amendment consists of one terse statement that the legality of a search "is a question of fact and law for the court and …