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Articles 1 - 11 of 11
Full-Text Articles in Evidence
Prosecutorial Discovery: An Overview, Harry G. Deitzler, Susan Klimas, Walt Auvil
Prosecutorial Discovery: An Overview, Harry G. Deitzler, Susan Klimas, Walt Auvil
West Virginia Law Review
No abstract provided.
Survey Of Developments In West Virginia Law: 1980
Survey Of Developments In West Virginia Law: 1980
West Virginia Law Review
No abstract provided.
Survey Of Developments In West Virginia Law: 1979
Survey Of Developments In West Virginia Law: 1979
West Virginia Law Review
No abstract provided.
Due Process Versus Data Processing: An Analysis Of Computerized Criminal History Information Systems, Donald Doernberg, Donald H. Zeigler
Due Process Versus Data Processing: An Analysis Of Computerized Criminal History Information Systems, Donald Doernberg, Donald H. Zeigler
Articles & Chapters
This article, based on a comprehensive empirical study of New York's computerized criminal history information system and on national surveys of similar systems, concludes that current regulations governing the dispersion of criminal history information are grossly inadequate. Although information drawn from computerized criminal history files is often inaccurate, incomplete, ambiguous or inappropriate, criminal justice officials and judges routinely use such information in making decisions affecting defendants' liberty. This practice is unconstitutional, and the article suggests ways to regulate criminal history information systems that would protect a defendant's right not to be deprived of liberty without due process of law.
The Status Of The Third Party Confession In Virginia: In Search Of A Trustworthiness Standard, Donna J. Katos
The Status Of The Third Party Confession In Virginia: In Search Of A Trustworthiness Standard, Donna J. Katos
University of Richmond Law Review
The issue of third party confessions generates great controversy. The basic inquiry is, should confessions allegedly uttered by persons other than the defendant be admitted into evidence in a criminal trial? If so, under what conditions? How much discretion should a trial judge be afforded in determining whether this evidence should be admitted to exculpate a person charged with murder, armed robbery, or rape? Should the trial judge or the jury determine the reliability of the witness, the declarant, or the content of the confession itself? These considerations, in addition to due process arguments, have troubled criminal courts, legislators, and …
Exploring The Limits Of Brady V. Maryland: Criminal Discovery As A Due Process Right In Access To Police Investigations And State Crime Laboratories, Walter H. Ohar
University of Richmond Law Review
Why not criminal discovery? This question has been posited by legal scholars and learned jurists alike since the liberalization of discovery methods under the modern codes of civil procedure. As inexact as the term criminal discovery may be and, according to its critics, as inapplicable as discovery may be in the criminal context, there is little doubt that the current trend is the expansion of that which is discoverable by either side prior to a criminal trial. In fact, criminal discovery has developed into something more than a problem of procedure to be resolved by the individual jurisdictions in piecemeal …
Custodial Seizures And The Poison Tree Doctrine: Dunaway V. New York And Its Aftermath, 13 J. Marshall L. Rev. 733 (1980), Rosanne J. Faraci
Custodial Seizures And The Poison Tree Doctrine: Dunaway V. New York And Its Aftermath, 13 J. Marshall L. Rev. 733 (1980), Rosanne J. Faraci
UIC Law Review
No abstract provided.
The Law Office Search: An Emerging Problem And Some Suggested Solutions, Lackland H. Bloom Jr.
The Law Office Search: An Emerging Problem And Some Suggested Solutions, Lackland H. Bloom Jr.
Faculty Journal Articles and Book Chapters
A law office search threatens the attorney-client relationship by jeopardizing values protected by the fourth, fifth, and sixth amendments. After reviewing recent developments that underlie the sudden emergence of the law office search, Professor Bloom examines the nature of this threat and suggests that the values of the attorney-client relationship can be reconciled with the needs of law enforcement by requiring the police to use a subpoena rather than a search warrant when seeking documentary evidence from an attorney. Professor Bloom considers whether this "subpoena preference rule" either is required by the fourth amendment or can be implemented by nonconstitutional …
Rape Victim Shield Laws And The Sixth Amendment, J. Alexander Tanford, Anthony J. Bocchino
Rape Victim Shield Laws And The Sixth Amendment, J. Alexander Tanford, Anthony J. Bocchino
Articles by Maurer Faculty
No abstract provided.
The Adversary Model Is Bent, William T. Pizzi, Phillip S. Figa, Kenneth E. Barnhill, Jr.
The Adversary Model Is Bent, William T. Pizzi, Phillip S. Figa, Kenneth E. Barnhill, Jr.
Publications
No abstract provided.
Investigative Stops In High Crime Areas, Richard A. Gonzales
Investigative Stops In High Crime Areas, Richard A. Gonzales
Faculty Scholarship
This article questions what constitutes reasonable suspicion of criminal activity particularly within high crime area. Some of the referenced cases:
- People v. Cantor, 36 N.Y.2d 106, 365 N.Y.S.2d 509, 324 N.E.2d 872 (1975)
- U.S. v. Magda, 409 F.Supp. 734,740 (S.D. N.Y. 1976)
- Terry v. Ohio, 392 U.S. 1 ( 1968)
- Sibron v. New York, 392 U.S. 40 ( 1968)
- U.S. v. Brignoni-Ponce, 422 U.S. 873 (1975)
- U.S. v. Flores, 462 F. Supp. 702 (E.D. NS. 1978)
- U.S. v. Oates, 560 F.2d 45, 49 (2d Cir. 1977)
- U.S. v. Constantine, 567 F.2d 266 ( 4th Cir. 1977)
- People v. Bower, 24 …