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Full-Text Articles in Evidence

The Admissibility Of Prior Silence To Impeach The Testimony Of Criminal Defendants, Rex A. Sharp Apr 1985

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 …


Closing The "Open Fields" Question: Oliver V. United States, Brian K. Jorgensen Mar 1985

Closing The "Open Fields" Question: Oliver V. United States, Brian K. Jorgensen

BYU Law Review

No abstract provided.


The Privilege Against Self-Incrimination In A Rescue Situation, William T. Pizzi Jan 1985

The Privilege Against Self-Incrimination In A Rescue Situation, William T. Pizzi

Publications

No abstract provided.


Allen V. The United States Of America: The “Substantial” Connection Between Nuclear Fallout And Cancer, Daniel Swartzman, Tom Christoffel Jan 1985

Allen V. The United States Of America: The “Substantial” Connection Between Nuclear Fallout And Cancer, Daniel Swartzman, Tom Christoffel

Touro Law Review

No abstract provided.


Survey Of Washington Search And Seizure Law, Justice Robert F. Utter Jan 1985

Survey Of Washington Search And Seizure Law, Justice Robert F. Utter

Seattle University Law Review

This Survey is designed to assist lawyers and judges who must argue and resolve search and seizure issues in Washington State. The Survey summarizes the controlling state and federal cases on search and seizure law and uses as an additional reference W. LAFAVE, Search and Seizure: A Treatise on the Fourth Amendment (1978). Washington courts are likely to analyze future search and seizure issues under both the fourth amendment and Washington Constitution article I, section 7. The difference in wording between the two provisions is substantial, suggesting different degrees or types of privacy protection. This Survey summarizes the predominant treatment …


Does A Criminal Defendant Have A Constitutional Right To Compel The Production Of Privileged Testimony Through Use Immunity, Louis M. Natali Jr. Jan 1985

Does A Criminal Defendant Have A Constitutional Right To Compel The Production Of Privileged Testimony Through Use Immunity, Louis M. Natali Jr.

Villanova Law Review

No abstract provided.


Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc Jan 1985

Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

Passion is a cogently structured, compel Jingly argued and seductively enthralling masterpiece which, in years to come, will undoubtedly stand out as an inspirational source for many who seek social transformation. Unger's style, in this essay at least, is lucid and inviting. Substantively, Passion demonstrates not only the depth of his penetrating intellect but also his command of an array of' disciplines. Unger's polymathy is all the more impressive when we remember that ours is an era in which idiosyncratic specialization is the norm.