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Full-Text Articles in Criminal Procedure
I Cannot Tell A Lie: The Standard For New Trial In False Testimony Cases, Daniel Wolf
I Cannot Tell A Lie: The Standard For New Trial In False Testimony Cases, Daniel Wolf
Michigan Law Review
This Note examines the question of what standard should be used for granting a new trial when a defendant's conviction is alleged to have been based, at least in part, on false testimony. Part I demonstrates the failure of the existing standards to strike a satisfactory balance between defendants' rights and the efficient administration of the criminal justice system. Part II argues that motions for retrial based upon false testimony should be governed by a standard drawn not only from newly discovered evidence cases generally, but also from cases involving prosecutorial misconduct. Finally, Part III suggests that the proper test …
The Admissibility Of Prior Silence To Impeach The Testimony Of Criminal Defendants, Rex A. Sharp
The Admissibility Of Prior Silence To Impeach The Testimony Of Criminal Defendants, Rex A. Sharp
University of Michigan Journal of Law Reform
This Note focuses on whether a defendant who was called as a witness at the prior, severed trial of a codefendant and refused to testify by invoking the fifth amendment can subsequently be impeached by this silence at his own trial. In addition to the obvious implications this issue has for severed criminal trials, the factors considered when deciding whether impeachment by silence should be allowed generally are in sharpest focus in this factual setting. Thus, the analysis of the constitutional and evidentiary questions this Note enlists to argue that impeachment by silence in this context is permissible applies as …