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Full-Text Articles in Criminal Procedure
Moving Beyond Miranda: Concessions For Confessions, Scott Howe
Moving Beyond Miranda: Concessions For Confessions, Scott Howe
Scott W. Howe
Abstract: The law governing police interrogation provides perverse incentives. For criminal suspects, the law rewards obstruction and concealment. For police officers, it honors deceit and psychological aggression. For the courts and the rest of us, it encourages blindness and rationalization. This Article contends that the law could help foster better behaviors. The law could incentivize criminals to confess without police trickery and oppression. It could motivate police officers involved in obtaining suspect statements to avoid chicanery and duress. And, it could summon courts and the rest of us to speak more truthfully about whether suspect admissions are the product of …
Criminal Laws: Materials And Commentary On Criminal Law And Process In Nsw, Alex Steel, David Brown, David Farrier, Sandra Egger, Luke Mcnamara, Michael Grewcock, Donna Spears
Criminal Laws: Materials And Commentary On Criminal Law And Process In Nsw, Alex Steel, David Brown, David Farrier, Sandra Egger, Luke Mcnamara, Michael Grewcock, Donna Spears
David C. Brown
The success of Criminal Laws lies both in its distinctive features and in its appeal to a range of readerships. As one review put it, it is simultaneously a “textbook, casebook, handbook and reference work”. As such it is ideal for criminal law and criminal justice courses as a teaching text, combining as it does primary sources with extensive critical commentary and a contextual perspective. It is likewise indispensable to practitioners for its detailed coverage of substantive law and its extensive references and inter-disciplinary approach make it a first point of call for researchers from all disciplines. This fifth edition …
Brady Reconstructed: An Overdue Expansion Of Rights And Remedies, Leonard Sosnov
Brady Reconstructed: An Overdue Expansion Of Rights And Remedies, Leonard Sosnov
Leonard N Sosnov
Over fifty years ago, the Supreme Court held in Brady v Maryland, 373 U.S. 83 (1963), that the Due Process Clause requires prosecutors to disclose materially favorable evidence to the defense. The Brady Court emphasized the need to treat all defendants fairly and to provide each accused with a meaningful opportunity to present a defense. While Brady held great promise for defendants to receive fundamentally fair access to evidence, the subsequent decisions of the Court have fallen short of meeting this promise.
Since Brady, the Court has limited the disclosure obligation by failing to separately determine rights and remedies. Additionally, …
Prosecutors As Judges, Erik Luna, Marianne Wade
Psychopathy And Sentencing, Erik Luna
Bargained Justice: Plea Bargaining's Innocence Problem And The Brady Safety-Valve, Lucian Dervan
Bargained Justice: Plea Bargaining's Innocence Problem And The Brady Safety-Valve, Lucian Dervan
Lucian E Dervan
If any number of attorneys were asked in 2004 whether Lea Fastow’s plea bargain in the Enron case was constitutional, the majority would respond with a simple word – Brady. Yet while the 1970 Supreme Court decision Brady v. United States authorized plea bargaining as a form of American justice, the case also contained a vital caveat that has been largely overlooked by scholars, practitioners, and courts for almost forty years. Brady contains a safety-valve that caps the amount of pressure that may be asserted against defendants by prohibiting prosecutors from offering incentives in return for guilty pleas that are …
Robinson V. California: From Revolutionary Constitutional Doctrine To Model Ban On Status Crimes, Erik Luna
Robinson V. California: From Revolutionary Constitutional Doctrine To Model Ban On Status Crimes, Erik Luna
Erik Luna
No abstract provided.
The Prosecutor In Transnational Perspective, Erik Luna, Marianne Wade
The Prosecutor In Transnational Perspective, Erik Luna, Marianne Wade
Erik Luna
No abstract provided.
Hydraulic Pressures And Slight Deviations, Erik Luna
In Support Of Restorative Justice And Reply, Erik Luna
In Support Of Restorative Justice And Reply, Erik Luna
Erik Luna
No abstract provided.
Drugs And Justice, Erik Luna, Margaret Battin
La Justicia Restorativa: Un Modela De Penas Alternativas, Erik Luna
La Justicia Restorativa: Un Modela De Penas Alternativas, Erik Luna
Erik Luna
No abstract provided.
Overextending The Criminal Law And Misguided Guidelines, Erik Luna
Overextending The Criminal Law And Misguided Guidelines, Erik Luna
Erik Luna
No abstract provided.