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Criminal Procedure Commons

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Articles 1 - 9 of 9

Full-Text Articles in Criminal Procedure

Put Down The Phone! The Standard For Witness Interviews Is In-Person, Face-To-Face, One-On-One., Sean O'Brien, Quinn O'Brien, Dana Cook Jan 2022

Put Down The Phone! The Standard For Witness Interviews Is In-Person, Face-To-Face, One-On-One., Sean O'Brien, Quinn O'Brien, Dana Cook

Faculty Works

Professor and capital defense attorney Sean O’Brien, private investigator Quinn O’Brien, and mitigation specialist Dana Cook team up in this article to explain why the standard for competent defense investigation requires face-to-face, one-on-one, culturally competent client and witness interviews, and why short cuts to investigation, such as telephone calls or remote video links, are counter-productive, prone to failure, and constitute substandard work. Although the primary focus of this article is on standards that apply to capital mitigation work, the problems created by remote witness interviews are not unique to death penalty work; there are persuasive arguments and authority that the …


Introduction To The Symposium On Entrepreneurial Lawyering, Anthony J. Luppino, Ellen Suni Jan 2015

Introduction To The Symposium On Entrepreneurial Lawyering, Anthony J. Luppino, Ellen Suni

Faculty Works

No abstract provided.


Minding The Court: Enhancing The Decision-Making Process, Pamela Casey, Kevin Burke, Steve Leben Jan 2013

Minding The Court: Enhancing The Decision-Making Process, Pamela Casey, Kevin Burke, Steve Leben

Faculty Works

A compelling and growing body of research from the fields of cognitive psychology and neuroscience provides important insights about how we process information and make decisions. This research has great potential significance for judges, who spend much of their time making decisions of great importance to others. For most judges, this research literature is not part of their judicial education. This article reviews cutting edge research about decision making and discusses its implications for helping judges and those who work with them produce fair processes and just outcomes. It builds on a 2007 American Judges Association paper that encouraged judges …


Criminal Acts & Ethical Dilemmas: Some Client Nightmares Sneak Up On You, Barbara Glesner Fines Jan 2011

Criminal Acts & Ethical Dilemmas: Some Client Nightmares Sneak Up On You, Barbara Glesner Fines

Faculty Works

No abstract provided.


Compromise And Continuity: Miranda Waivers, Confession Admissibility, And The Retention Of Interrogation Protections, Mark Berger Jul 1998

Compromise And Continuity: Miranda Waivers, Confession Admissibility, And The Retention Of Interrogation Protections, Mark Berger

Faculty Works

No abstract provided.


A Step Towards Fairness In Capital Litigation: Missouri Resource Center, Sean O'Brien Jan 1990

A Step Towards Fairness In Capital Litigation: Missouri Resource Center, Sean O'Brien

Faculty Works

No abstract provided.


Addressing The Needs Of Attorneys For The Damned, Sean O'Brien Jan 1990

Addressing The Needs Of Attorneys For The Damned, Sean O'Brien

Faculty Works

This article is an introduction to the UMKC Law Review symposium issue dedicated to exploring the topic of capital punishment. UMKC Professor of Law Sean O’Brien shares how the growing importance of capital litigation makes this a timely and appropriate subject for consideration and shares how the university and the Law Review's attention to the death penalty debate contributes to more than just academic discussion.


Subpoenas To Criminal Defense Lawyers: Proposal For Limits, Ellen Y. Suni Jan 1986

Subpoenas To Criminal Defense Lawyers: Proposal For Limits, Ellen Y. Suni

Faculty Works

No abstract provided.


How Judges Judge: A Study Of Disagreement On The United States Court Of Appeals For The Eighth Circuit, Douglas O. Linder Jan 1985

How Judges Judge: A Study Of Disagreement On The United States Court Of Appeals For The Eighth Circuit, Douglas O. Linder

Faculty Works

No abstract provided.