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Articles 1 - 12 of 12
Full-Text Articles in Supreme Court of the United States
Section 5: Criminal Procedure, Institute Of Bill Of Rights Law, William & Mary Law School
Section 5: Criminal Procedure, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
The Use Of Prior Convictions After Apprendi, Colleen P. Murphy
The Use Of Prior Convictions After Apprendi, Colleen P. Murphy
Law Faculty Scholarship
No abstract provided.
The Useful, Dangerous Fiction Of Grand Jury Independence, Niki Kuckes
The Useful, Dangerous Fiction Of Grand Jury Independence, Niki Kuckes
Law Faculty Scholarship
No abstract provided.
Adjusting To Crawford: High Court Decision Restores Confrontation Clause Protection, Richard D. Friedman
Adjusting To Crawford: High Court Decision Restores Confrontation Clause Protection, Richard D. Friedman
Articles
In Crawford v. Washington, 124 S. Ct. 1354 (2004), the U.S. Supreme Court radically transformed its doctrine governing the Confrontation Clause of the Sixth Amendment to the U.S. Constitution. Craitiord is a very positive development, restoring to its central position one of the basic protections of the common law system of criminal justice. But the decision leaves many open questions, and all lawyers involved in the criminal justice process will have to adjust to the new regime that it creates. This article outlines and summarizes the problems with the law as it stood before Crait/brd. It then explains the theoretical …
Face To Face With The Right Of Confrontation, Richard D. Friedman
Face To Face With The Right Of Confrontation, Richard D. Friedman
Other Publications
This article is an edited excerpt from the amicus curiae brief filed in Crawford v. Washington, heard before the United States Supreme Court on November 10, 2003. Prof. Friedman wrote the brief for the Court.
Postscript: Another Look At Patane And Seibert, The 2004 Miranda 'Poisoned Fruit' Cases, Yale Kamisar
Postscript: Another Look At Patane And Seibert, The 2004 Miranda 'Poisoned Fruit' Cases, Yale Kamisar
Articles
Some months after I finished writing an article that, inter alia, discussed the lower court opinions in Patane and Seibert (an article that appears elsewhere in this issue of the Journa),1 the Supreme Court handed down its decisions in those cases.2 In Patane, a 5-4 majority held admissible a Glock pistol located as a result of a failure to comply with Miranda. In Seibert, a 5-4 majority agreed with the state court that a "second confession," one obtained after the police had deliberately used a two-stage interrogation technique designed to undermine the Miranda warnings, was inadmissible. 3 In Patane, Justice …
Saying Goodbye To A Legend: A Tribute To Yale Kamisar - My Mentor, Teacher, And Friend, Eve Brensike Primus
Saying Goodbye To A Legend: A Tribute To Yale Kamisar - My Mentor, Teacher, And Friend, Eve Brensike Primus
Michigan Law Review
I remember it as though it was yesterday - dozens of students filing into Hutchins Hall for their first criminal procedure class. The legendary Yale Kamisar walked briskly to the front of the room, his upper body moving first slightly forward and then ever so slightly backward in almost a rocking manner. He carried nothing except for a two-inch black notebook, tattered at the edges and marked with brightly colored tabs protruding from each page. Paying no attention to the hundreds of eyes fixed on his every move, he dropped the notebook on the podium, stepped up to the blackboard, …
Publications By Professor Yale Kamisar, Michigan Law Review
Publications By Professor Yale Kamisar, Michigan Law Review
Michigan Law Review
A bibliography of publications by Yale Kamisar.
The Confrontation Clause Re-Rooted And Transformed, Richard D. Friedman
The Confrontation Clause Re-Rooted And Transformed, Richard D. Friedman
Articles
For several centuries, prosecution witnesses in criminal cases have given their testimony under oath, face to face with the accused, and subject to cross-examination at trial. The Confrontation Clause of the Sixth Amendment to the U.S. Constitution guarantees the procedure, providing that ‘‘[i]n all criminal prosecutions, the accused shall enjoy the right . . . to be confronted with the witness against him.’’ In recent decades, however, judicial protection of the right has been lax, because the U.S. Supreme Court has tolerated admission of outof- court statements against the accused, without cross-examination, if the statements are deemed ‘‘reliable’’ or ‘‘trustworthy.’’ …
The Crawford Transformation, Richard D. Friedman
The Crawford Transformation, Richard D. Friedman
Articles
Crawford v. Washington, 124 S. Ct. 1354 (2004), is one of the most dramatic Evidence cases in recent history, radically transforming the doctrine governing the Confrontation Clause of the Sixth Amendment to the U.S. Constitution. Crawford is a very positive development, but leaves many open questions - and forces Evidence teachers to rethink how they teach hearsay and confrontation.
Yale Kamisar: Warrior Scholar, Francis A. Allen
Yale Kamisar: Warrior Scholar, Francis A. Allen
Michigan Law Review
My association with Yale Kamisar dates back to the 1950s. At that time I became aware of the interesting publications of a young faculty member at the University of Minnesota. The articles were well done, most of them dealing with the Supreme Court's notable expansion of constitutional doctrine relating to criminal procedure, then at full tide, a field in which I also was writing. In addition, Yale had published a remarkable article on the subject of euthanasia, impressive for the thoroughness of its research and the clarity and force of its argument. Fortunately, I decided to write to Yale and …
The "Routine Traffic Stop" From Start To Finish: Too Much "Routine," Not Enough Fourth Amendment, Wayne R. Lafave
The "Routine Traffic Stop" From Start To Finish: Too Much "Routine," Not Enough Fourth Amendment, Wayne R. Lafave
Michigan Law Review
Yale Kamisar, about which I have said too much elsewhere in this issue of the Review, could rightly be called "Mr. Confessions," for he has not only authored books and a host of articles on the subject of police interrogation, but for years has been printing Miranda cards in his basement and selling them to police departments all across the nation. Moreover, he may be the only law professor in the country who has both personally coerced a confession and had a confession coerced out of him. As Kamisar has himself noted, my own "intellectual sandbox" has been the …