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Full-Text Articles in Jurisprudence
Juror Internet Misconduct: A Survey Of New Hampshire Superior Court Judges, Brooke Lovett Shilo
Juror Internet Misconduct: A Survey Of New Hampshire Superior Court Judges, Brooke Lovett Shilo
The University of New Hampshire Law Review
[Excerpt] “The Constitution guarantees criminal defendants the right to a fair trial before an impartial jury and the right to confront the evidence against them. When a juror improperly accesses the Internet during a criminal trial, the defendant is denied these constitutional rights. The problem of outside information entering the courtroom is as old as our judicial system. As early as 1907, Justice Holmes observed that, “The theory of our [criminal justice] system is that the conclusions to be reached in a case will be induced only by evidence and argument in open court, and not by any outside influence, …
The 'Show' In The 'Show Trial': Contextualizing The Politicization Of The Courtroom, Awol K. Allo
The 'Show' In The 'Show Trial': Contextualizing The Politicization Of The Courtroom, Awol K. Allo
Barry Law Review
Questioning the indifference of the law to its own normative correctness and its claim to legitimacy, this article explores the epistemological and ontological foundations upon which the concept and lexicon of show trial is predicated. By invoking the theory of performativity, the article distinguishes between the different models of show trials to allow for a more complex and nuanced reading of the particular nature of the show in judicial practices often called ‘show trials.’ By emphasizing the peculiarity of the ‘show’ in each ‘show trial’, the article seeks to reconceptualize the ambit of the criminal trial. Arguing against the emphasis …
Where To Draw The Guideline: Factoring The Fruits Of Illegal Searches Into Sentencing Guidelines Calculations, Cheryl G. Bader, David S. Douglas
Where To Draw The Guideline: Factoring The Fruits Of Illegal Searches Into Sentencing Guidelines Calculations, Cheryl G. Bader, David S. Douglas
Touro Law Review
No abstract provided.