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Self-Reported False Confessions And False Guilty Pleas Among Offenders With Mental Illness, Allison Redlich, Alicia Summers, Steven Hoover 2009 University at Albany, SUNY

Self-Reported False Confessions And False Guilty Pleas Among Offenders With Mental Illness, Allison Redlich, Alicia Summers, Steven Hoover

Allison D Redlich

No abstract provided.


Section 4 Of The Hindu Succession Act Of 1956, Hari Priya 2009 NALSAR University of Law

Section 4 Of The Hindu Succession Act Of 1956, Hari Priya

Hari Priya

A brief write up in the form of a comprehensive article aiming to critically evaluate the Section 4 of the Hindu Succession Act of 1956. The law, as it stands amended, has not only brought about changes in the succession laws of Hindus, but has also paved the way for some positive modifications in the law of partition, alienation of property, inheritance and adoption, and the paper is an effort to evaluate this provision of the law.


Religious Freedom And Controlled Substances: A Legal Analysis, Howard M. Henderson 2009 Texas Southern University

Religious Freedom And Controlled Substances: A Legal Analysis, Howard M. Henderson

Howard M Henderson

No abstract provided.


The Requirement Of An Investigator In Public And Private Practice, Robert M. Sanger 2009 Santa Barbara College of Law

The Requirement Of An Investigator In Public And Private Practice, Robert M. Sanger

Robert M. Sanger

Trial lawyers do everything we can to avoid IAC and support the requirements of the Sixth Amendment to the United States Constitution which provides that the accused has a right to counsel -- counsel that is not only present but also effective. Under Ake v. Oklahoma , the United States Supreme Court stated that the right includes the right to have experts and investigators. Since Ake, there has been much litigation, particularly in capital cases, regarding the right to have the use of such experts to do an effective job.  

The California courts have made it clear that the right to the ...


The U.N. Security Council Ad Hoc Rwanda Tribunal: International Justice, Or Judicially-Constructed “Victor’S Impunity”?, C. Peter Erlinder 2009 William Mitchell College of Law

The U.N. Security Council Ad Hoc Rwanda Tribunal: International Justice, Or Judicially-Constructed “Victor’S Impunity”?, C. Peter Erlinder

C. Peter Erlinder

ABSTRACT The U.N. Security Council Ad Hoc Rwanda Tribunal: International Justice, or Juridically-Constructed “Victor’s Impunity”? Prof. Peter Erlinder [1] ________________________ “…if the Japanese had won the war, those of us who planned the fire-bombing of Tokyo would have been the war criminals….” [2] Robert S. McNamara, U.S. Secretary of State “…and so it goes…” [3] Billy Pilgrim (alter ego of an American prisoner of war, held in the cellar of a Dresden abattoir, who survived firebombing by his own troops, author Kurt Vonnegut Jr.) Introduction Unlike the postWW- II Tribunals, the U.N. Security Council tribunals for ...


Building The Infrastructure Of Anti-Trafficking: Information, Funding, Responses, Fiona M. David Ms 2009 Centre for International and Public Law, Australian National University

Building The Infrastructure Of Anti-Trafficking: Information, Funding, Responses, Fiona M. David Ms

Fiona David

No abstract provided.


When Individuals Seek Death At The Hands Of The Police: Analyzing The Legal And Policy Implications Of Suicide-By-Cop And Why Police Office Should Use Nonlethal Force In Dealing With Suicidal Suspects, Rahi Azizi 2009 University of California, Berkeley

When Individuals Seek Death At The Hands Of The Police: Analyzing The Legal And Policy Implications Of Suicide-By-Cop And Why Police Office Should Use Nonlethal Force In Dealing With Suicidal Suspects, Rahi Azizi

Rahi Azizi

The term “suicide-by-cop” refers to incidents in which a suicidal person intentionally goads the police into killing him because he is unwilling to take his own life. Many journalists have written newspaper articles on suicide-by-cop, but legal literature on this unique category of police killings remains scarce. This article hopes to change that. Part of my purpose is to examine suicide-by-cop from a sociological standpoint and determine its prevalence, particularly within lower income communities. But my purpose does not stop there. I make two principle arguments. First, suicide-by-cop poses a tangible threat of litigation to police departments. Because suicide-by-cop incidents ...


Evolving Away From Evolving Standards Of Decency, John F. Stinneford 2009 University of Florida Levin College of Law

Evolving Away From Evolving Standards Of Decency, John F. Stinneford

John F. Stinneford

No abstract provided.


The Three Errors: Pathways To False Confession And Wrongful Conviction, Richard A. Leo, Steven A. Drizin 2009 University of San Francisco

The Three Errors: Pathways To False Confession And Wrongful Conviction, Richard A. Leo, Steven A. Drizin

Richard A. Leo

Research has demonstrated that false confessors whose cases are not dismissed before trial are often convicted despite their innocence. In order to prevent such wrongful convictions, criminal justice officials must better understand the role that false confessions play in creating and perpetuating miscarriages of justice. This chapter examines police-induced false confessions and analyzes three sequential errors that occur in the social production of every false confession: investigators first misclassify an innocent person as guilty; they next subject him to a guilt-presumptive, accusatory interrogation that invariably involves lies about evidence and often the repeated use of implicit and/or explicit promises ...


Constitutional Entrenchment: Questions Of Legal Possibility And Moral Desirability In The United Kingdom, Hin-yan Liu 2009 University of London - King's College

Constitutional Entrenchment: Questions Of Legal Possibility And Moral Desirability In The United Kingdom, Hin-Yan Liu

Hin-Yan Liu

This Note seeks to revisit the possibility of entrenching legal provisions within the constitutional system of the United Kingdom (UK). The supremacy of parliament within the UK has traditionally meant that it is unable to bind its successors, thus frustrating legislative attempts at entrenchment. Three important commonwealth cases suggest a possibility of successful procedural entrenchment, but an essential difference — the supremacy of the UK parliament — is likely to prevent this transplant into the UK. The availability of European Community law supremacy hints at the possibility of legislative entrenchment but its boundaries have not been established. The Notes also discusses the ...


Forensic Science Evidence And Judicial Bias In Criminal Cases, Hon. Donald E. Shelton 2009 Eastern Michigan University

Forensic Science Evidence And Judicial Bias In Criminal Cases, Hon. Donald E. Shelton

Hon. Donald E. Shelton

Although DNA exonerations and the NAS report have raised serious questions about the validity of many traditional non-DNA forms of forensic science evidence, criminal court judges continue to admit virtually all prosecution-proferred expert testimony. It is is suggested that this is the result of a systemic pro-prosecution bias by judges that is reflected in admissibility decisions. These "attitudinal blinders" are especially prevalent in state criminal trial and appellate courts.


Racializing Disability, Disabling Race: Policing Race And Mental Status, Camille Nelson 2009 American University Washington College of Law

Racializing Disability, Disabling Race: Policing Race And Mental Status, Camille Nelson

Camille Nelson

No abstract provided.


Three Prongs Of The Confession Problem: Issues And Proposed Solutions, Deborah Davis, Richard Leo 2009 University of Nevada - Reno

Three Prongs Of The Confession Problem: Issues And Proposed Solutions, Deborah Davis, Richard Leo

Richard A. Leo

Many cases could not be successfully prosecuted without a confession, and, in the absence of a confession, many would be much more costly to investigate and to develop other evidence sufficient to convict. Responding to this pressure to reliably elicit confessions from their suspects, the police have developed sophisticated psychological techniques to accomplish two goals: to induce suspects to submit to questioning without an attorney, and to induce them to confess. Unfortunately, these methods are sufficiently powerful to induce false as well as true confessions and to render them involuntary. Further, because they are based upon often subtle, yet sophisticated ...


Artigo Científico: Concepção, Métodos E Técnicas, Rafael Mafei Rabelo Queiroz 2009 University of São Paulo, Law School

Artigo Científico: Concepção, Métodos E Técnicas, Rafael Mafei Rabelo Queiroz

Rafael Mafei Rabelo Queiroz

No abstract provided.


Police Interrogation And Coercion In Domestic American History: Lessons For The War On Terror, Richard Leo, K. Alexa Koenig 2009 University of San Francisco School of Law

Police Interrogation And Coercion In Domestic American History: Lessons For The War On Terror, Richard Leo, K. Alexa Koenig

Richard A. Leo

The use of torture during interrogations conducted by U.S. special forces, military police, CIA agents, the FBI, and private contractors during the War on Terror has been widely documented. While many chroniclers of the use of torture have characterized its use as a dramatic break from the past, the use of torture by American interrogators and the tacit sanctioning by U.S. officials are not new. The routine use of torture by American domestic police during the early part of the twentieth century has been largely ignored by scholars who study contemporary uses of torture in the international context ...


Juror Expectations For Scientific Evidence In Criminal Cases: Perceptions And Reality About The "Csi Effect" Myth, Hon. Donald E. Shelton 2009 Eastern Michigan University

Juror Expectations For Scientific Evidence In Criminal Cases: Perceptions And Reality About The "Csi Effect" Myth, Hon. Donald E. Shelton

Hon. Donald E. Shelton

This article originated from the author's presentation at the 2010 Cooley Law School Symposium on the "CSI Effect". It reviews the results of two empirical studies of Michigan jurors in diverse jurisdictions, which previously concluded that the "prosecutor version" of the so-called CSI effect cannot be substantiated empirically. The article then describes merged data from the two studies and the analysis of that marged data. The data supports the earlier suggestion of a "tech effect" based on cultural changes, rather than any direct impact from certain television programs or genres. It is suggested that while the prosecutor version of ...


Conquering The Common Law Hydra: A Probably Correct And Reasonable Overview Of Current Standards Of Appellate And Judicial Review, Mike Madden 2009 Dalhousie University

Conquering The Common Law Hydra: A Probably Correct And Reasonable Overview Of Current Standards Of Appellate And Judicial Review, Mike Madden

Mike Madden

Just as Hercules eventually conquered the Hydra by using a firebrand to cauterize the beast’s neck stumps immediately after he severed each of its heads, this work will (much less heroically) endeavor to conquer the common law equivalent of the Hydra by describing and explaining the application of the only two remaining standards of appellate and judicial review in Canada: reasonableness and correctness. Part II summarizes the various policy concerns that animate the interventionist and deferentialist perspectives toward judicial and appellate review throughout the Western world, in order to frame the ensuing discussion of the law in Canada. Part ...


Lessons Of Disloyalty In The World Of Criminal Informants, Michael L. Rich 2009 Elon University School of Law

Lessons Of Disloyalty In The World Of Criminal Informants, Michael L. Rich

Michael L Rich

Without informants, policing would grind to a halt. The majority of drug and organized crime prosecutions hinge on the assistance of confidential informants, and white collar prosecutions and anti-terrorism investigations increasingly depend on them. Yet society by and large hates informants. The epithets used to describe them – “snitch,” “rat,” and “weasel,” among others – suggest the reason: the informant, by assisting the police, is guilty of betrayal. And betrayal is, in the words of George Fletcher, “one of the basic sins of our civilization.” But identifying disloyalty as the reason for society’s disdain raises more questions than it answers. Are ...


Military Commissions And The Lieber Code: Toward A New Understanding Of The Jurisdictional Foundations Of Military Commissions, Gideon M. Hart 2009 Columbia University

Military Commissions And The Lieber Code: Toward A New Understanding Of The Jurisdictional Foundations Of Military Commissions, Gideon M. Hart

Gideon M. Hart

Over the past eight years, the use of military commissions at Guantanamo Bay has thrust this rarely used military venue into the forefront of public attention. Legal scholars have increasingly looked to the history of the commissions when addressing the debates over the proper and appropriate manner for their use. Despite this heightened interest in the history of these tribunals, scholars and commentators have assumed the underlying jurisdiction of commissions to try violations of the laws of war, devoting little attention to this topic. Contrary to various assumptions, military commissions have not always had jurisdiction over violations of the laws ...


How To Plan & Execute Your Own Charity Tennis Event: The Aquinas League Model, Beau James Brock, H. Barry Searles 2009 Selected Works

How To Plan & Execute Your Own Charity Tennis Event: The Aquinas League Model, Beau James Brock, H. Barry Searles

Beau James Brock

Aquinas League is a volunteer community organization whose goal has been to plan and execute community tennis fund-raisers over the past eight years in Baton Rouge, Louisiana. During this period, Aquinas League has organized over twenty events and our community has risen over $1 million dollars in net donations for area charities Hopefully through this guide, you and your committee can pick some helpful points to enhance your event. The revenue and quality of each part of your tournament should be viewed as a showcase for the marketing of the next year’s event. The best sales tool we can ...


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