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Criminal Procedure - Presumed Guilty: The Use Of Videotaped And Closed-Circuit Televised Testimony In Child Sex Abuse Prosecutions And The Defendant's Right To Confrontation - Coy V. Iowa, Charles E. Wilson Jr.

Campbell Law Review

This Note proposes that those statutes which permit admission of videotaped testimony and most uses of closed-circuit televised testimony violate a criminal defendant's sixth amendment right to "confront his accusers." In Coy v. Iowa, the United States Supreme Court recently held that one state's practice of shielding the defendant from the view of the child witness during the child's testimony violated the defendant's right to confrontation. Following the Court's analysis, this Note discusses the various problems arising from the use of videotaped or closed-circuit televised testimony. Concluding that the admission of such testimony is not a constitutionally permissible substitute …

Criminal Law—Due Process—Police Need Not Preserve Potentially Exculpatory Evidence As Long As They Act In "Good Faith." Arizona V. Youngblood, 109 S. Ct. 333 (1988)., Lynn D. Lisk

University of Arkansas at Little Rock Law Review

No abstract provided.

Symposium: Equality Versus Discretion In Sentencing, Ilene H. Nagel, Stephen Breyer, Terence Mccarthy

Articles by Maurer Faculty

No abstract provided.

The Reasonable Doubt Rule And The Meaning Of Innocence, Scott E. Sundby

Articles

No abstract provided.

Commentary, The Selling Of Jury Deliberations, Robert F. Nagel

Publications

No abstract provided.

Diagnosis Of The Current Code Of Criminal Procedure, Daniel H. Foote

Articles

Approximately 35 years have passed since the current Code of Criminal Procedure went into effect, and today the manner in which that Code is interpreted and applied appears nearly stable. In truth, for most of the provisions and systems under the current Code about which there had been many questions of interpretation and application (e.g., interpretation of the provisions concerning hearsay evidence, discovery, exclusion of illegally-obtained evidence, and abuse of the authority to prosecute), some sort of conclusion (ichid no ketsuron) has been reached. In that sense, matters have "stabilized." However, in my view much more deep-seated problems remain unresolved. …

Summary Of Tokugawa Criminal Justice, Daniel H. Foote

Articles

The summary set forth below is derived principally from the late Professor Yoshiro Hiramatsu's-comprehensive study of Tokugawa criminal justice. Hiramatsu's work focusses on the period from the promulgation of the Osadamegaki by the Shogun Yoshimune in 1742 through the end of the Tokugawa era in 1867. (As described by Professor Dan F. Henderson, Conciliation and Japanese Law, Tokugawa and Modern (1965), Vol. 1, at 7, fn. 26, the Osadamegaki, which consisted of two books, constituted "a compilation and rough codification of prior decrees and precedents", and "was the only such official attempt to systematize the law in the Tokugawa period." …

The Fifth Amendment: If An Aid To The Guilty Defendant, An Impediment To The Innocent One, Peter W. Tague

Georgetown Law Faculty Publications and Other Works

The fifth amendment's privilege not to answer, critics carp, insulates the guilty defendant from revealing his complicity. While this is true, ironically it also can shackle the innocent defendant from attempting to prove that another person committed the crime. If that other person asserts the fifth amendment in response to questions designed to substitute him for the defendant, the innocent defendant can neither surmount that person's assertion nor benefit therefrom.

Consider this set of facts. A murder is committed. Defendant, charged with the crime, has evidence that Witness killed the victim. The prosecution believes only one person committed the crime. …

Enforcing The Rules Of Criminal Procedure: An American Perspective, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.

The Supreme Court's New Vision Of Federal Habeas Corpus For State Prisoners, Joseph L. Hoffmann

Articles by Maurer Faculty

No abstract provided.

Negotiated Pleas Under The Federal Sentencing Guidelines: The First Fifteen Months, Ilene H. Nagel, Stephen J. Schulhofer

Articles by Maurer Faculty

No abstract provided.

Needed: A Rewrite, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

Proposed far-reaching changes in the Federal Rules of Evidence are of major practical significance to every lawyer involved in the criminal justice process. The proposed changes are contained in a recent report by the American Bar Association Criminal Justice Section's Rules of Criminal Procedure and Evidence Committee. The report was selected for publication in Federal Rules Decisions, 120 F.R.D. 299 (1988), because of its interest to federal practitioners and judges. More than 40 judges, lawyers, and scholars were involved in the four-year study, and experts on each particular rule acted as "reporters" to the committee on those areas.

The report …

Capital Punishment: A Disputation, Peter Lushing

Articles

The article critiques the use of capital punishment, arguing that it is morally flawed, ineffective as a deterrent, and disproportionately applied to marginalized groups. Through a dialogue between a judge and a clerk, it highlights the emotional and societal complexities surrounding the death penalty, ultimately advocating for its abolition in favor of life imprisonment and systemic reforms.

Theories Of Truth Finding In Criminal Procedure: An Evolutionary Approach, John D. Jackson

Cardozo Law Review

No abstract provided.

Excepting Civil Rico Claims From Rule 9(B), Chavie N. Kahn

Cardozo Law Review

No abstract provided.

Discovery Depositions In Florida Criminal Proceedings: Should They Survive?, John F. Yetter

Florida State University Law Review

Pursuant to a Concurrent Resolution of the 1988 Florida Legislature, the Supreme Court of Florida created a commission which is presently studying the use of depositions by the defense in criminal prosecutions. In this Article, Dean Yetter, a member of the commission, traces the history of criminal defense depositions in Florida, explores the arguments which shaped last session's legislative debate, and identifies available options for reform.

Miranda Decision Revisited: Did It Give Criminals Too Many Rights?, Paul Marcus, Stephen J. Markman

Faculty Publications

No abstract provided.

Criminal Procedure—Waiver Of Appellate Review Of Death Sentences In Arkansas. Standing—Capacity To Litigate Matters Of Public Interest In Arkansas. Franz V. State, 296 Ark. 181, 754 S.W.2d 839 (1988)., Michael White

University of Arkansas at Little Rock Law Review

No abstract provided.

The Prosecutor As "Minister Of Justice", Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Times have changed. Today, prosecutors are on top of the world. Their powers are enormous, and constantly reinforced by sympathetic legislatures and courts. The "awful instruments of the criminal law," as Justice Frankfurter described the system,1 are today supplemented with broad new crimes, easier proof requirements, heavier sentencing laws, and an extremely cooperative judiciary, from district and state judges, to the highest Court in the land.

State Constitutional Protection For Defendants In Criminal Prosecutions, Paul Marcus

Faculty Publications

No abstract provided.

In Search Of The Virtuous Prosecutor: A Conceptual Framework, Stanley Z. Fisher

Faculty Scholarship

Questions about the scope and content of the duty to "seek justice" pervade prosecutorial work. Prosecutors are required to serve in a dual role: they are both advocates seeking conviction and "ministers of justice." Observers have complained about a tendency on the part of prosecutors to prefer the former of these "schizophrenic" obligations to the latter. This is commonly described as a tendency to behave overzealously or according to a "conviction psychology. ' "

The Charging Decision: At Play In The Prosecutor's Nursery, David Schwendiman

Brigham Young University Journal of Public Law

No abstract provided.

Iv. Criminal Procedure

Washington and Lee Law Review

No abstract provided.

A Due Process Analysis Of The Impeachment Use Of Silence In Criminal Trials, Barbara Rook Snyder

William & Mary Law Review

No abstract provided.

White V. State: And Now For Something Different, Susan Stuart, Richard Pitts

Law Faculty Publications

No abstract provided.

Broken Promises And Involuntary Confessions: May A State Introduce Incriminating Statements Made By A Defendant As A Result Of Promises In A Plea Bargain Agreement If The Defendant Breaches That Agreement?, Bradford Mank

Faculty Articles and Other Publications

There is a substantial constitutional question concerning whether admissions made pursuant to a plea bargain that the defendant has breached are admissible under the fifth amendment's privilege against compelled self-incrimination or the due process clauses of the fifth and fourteenth amendments. Courts have reached conflicting results in regard to whether such statements are voluntary.lo This Article argues that it is difficult to resolve whether such admissions are voluntary because courts have not provided a clear definition as to under what circumstances a confession is voluntary in accordance with the dictates of the fifth and fourteenth amendments.

Postsentence Sentencing: Determining Probation Revocation Sanctions, Bradford Mank

Faculty Articles and Other Publications

Although procedural due process requirements govern the proof of a violation in a probation revocation hearing, judges exercise almost total discretion in deciding what sanctions to impose once a violation is established. These postsentence judgments can be as important as the initial sentencing. Sanctions for even minor probation violations can range from obligating a probationer to meet with his probation officer more frequently to executing a suspended prison sentence. The Supreme Court recognized in Morrissey v. Brewer that the choice of sanctions is often more complex than the proof of a violation. Principles must be developed to regulate postsentence sentencing. …

Redefining A Culpable Mental State For Non-Triggermen Facing The Death Penalty, James J. Holman

Villanova Law Review (1956 - )

No abstract provided.

Booth V. Maryland - Death Knell For The Victim Impact Statement?

Maryland Law Review

No abstract provided.

Consequences Of Federalizing Criminal Law, Roger J. Miner '56

Criminal Law

No abstract provided.