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Exposing Police Misconduct In Pre-Trial Criminal Proceedings, Anjelica Hendricks
Exposing Police Misconduct In Pre-Trial Criminal Proceedings, Anjelica Hendricks
All Faculty Scholarship
This Article presents a unique argument: police misconduct records should be accessible and applicable for pre-trial criminal proceedings. Unfortunately, the existing narrative on the value of police misconduct records is narrow because it exclusively considers how these records can be used to impeach officer credibility at trial. This focus is limiting for several reasons. First, it addresses too few defendants, since fewer than 3% of criminal cases make it to trial. Second, it overlooks misconduct records not directly addressing credibility—such as records demonstrating paperwork deficiencies, failures to appear in court, and “mistakes” that upon examination are patterns of abuse. Finally, …
Prejudice-Based Rights In Criminal Procedure, Justin Murray
Prejudice-Based Rights In Criminal Procedure, Justin Murray
Articles & Chapters
This Article critically examines a cluster of rules that use the concept of prejudice to restrict the scope of criminal defendants’ procedural rights, forming what I call prejudice-based rights. I focus, in particular, on outcome-centric prejudice- based rights—rights that apply only when failing to apply them might cause prejudice by affecting the outcome of the case. Two of criminal defendants’ most important rights fit this description: the right, originating in Brady v. Maryland, to obtain favorable, “material” evidence within the government’s knowledge, and the right to effective assistance of counsel. Since prejudice (or equivalently, materiality) is an element of these …
Rwu First Amendment Blog: David Logan's Blog: Discovering Trump 06-22-2018, David A. Logan
Rwu First Amendment Blog: David Logan's Blog: Discovering Trump 06-22-2018, David A. Logan
Law School Blogs
No abstract provided.
A Sign-Post Without Any Sense Of Direction: The Supreme Court's Dance Around The Inevitable Discovery Doctrine And The Exclusionary Rule In Hudson V. Michigan, David A. Stuart
Pace Law Review
No abstract provided.
Clear Standards For Discovery Protective Orders: A Missed Opportunity In Rhinehart V. Seattle Times Co., Carole J. Breitenbach
Clear Standards For Discovery Protective Orders: A Missed Opportunity In Rhinehart V. Seattle Times Co., Carole J. Breitenbach
Seattle University Law Review
The Washington State Supreme Court has previously balanced the interests of privacy and effective judicial administration against those of free speech and public access in the context of judicial proceedings, and the court missed a significant opportunity to expand and apply this balancing test in Rhinehart. The United States Supreme Court similarly declined to create a balancing test to ensure the full protection of First Amendment interests during pretrial discovery. A need remains for a general standard to ensure that First Amendment interests in disseminating discovery information are identified and protected when a protective order is requested.
The Compulsory Process Clause, Peter Westen
The Compulsory Process Clause, Peter Westen
Michigan Law Review
Part I of this article traces the history of compulsory process, from its origin in the English transition from an inquisitional to an adversary system of procedure to its eventual adoption in the American Bill of Rights. Part II examines the Supreme Court's seminal decision in Washington v. Texas, which recognized after a century and a half of silence that the compulsory process clause was designed to enable the defendant not only to produce witnesses, but to put them on the stand and have them heard. Part III studies the implications of compulsory process for the defendant's case, from the …
Grand Jury Secrecy, Richard M. Calkins
Grand Jury Secrecy, Richard M. Calkins
Michigan Law Review
When a leading state such as Illinois enacts "reform" legislation, an impact on the legislatures of other jurisdictions may be anticipated. Accordingly, a need exists for an examination of this legislation in the light of the common-law background of grand jury secrecy and for a further analysis of it in the face of the growing trend toward more liberalized discovery of grand jury minutes in other jurisdictions. It is the contention of the author that such an empirical study will demonstrate that this legislation adopted by Illinois is contrary to all modern judicial thinking and is, in fact, a retrogressive …