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Full-Text Articles in Law

Every Juror Wants A Story: Narrative Relevance, Third Party Guilt And The Right To Present A Defense, John H. Blume, Sheri L. Johnson, Emily C. Paavola Dec 2014

Every Juror Wants A Story: Narrative Relevance, Third Party Guilt And The Right To Present A Defense, John H. Blume, Sheri L. Johnson, Emily C. Paavola

Sheri Lynn Johnson

On occasion, criminal defendants hope to convince a jury that the state has not met its burden of proving them guilty beyond a reasonable doubt by offering evidence that someone else (a third party) committed the crime. Currently, state and federal courts assess the admissibility of evidence of third-party guilt using a variety of standards. In general, however, there are two basic approaches. Many state courts require a defendant to proffer evidence of some sort of direct link or connection between a specific third-party and the crime. A second group of state courts, as well as federal courts, admit evidence …


Race And Recalcitrance: The Miller-El Remands, Sheri Johnson Dec 2014

Race And Recalcitrance: The Miller-El Remands, Sheri Johnson

Sheri Lynn Johnson

In Batson v. Kentucky, the Supreme Court held that a prosecutor may not peremptorily challenge a juror based upon his or her race. Although Baston was decided more than twenty years ago, some lower courts still resist its command. Three recent cases provide particularly egregious examples of that resistance. The Fifth Circuit refused the Supreme Court's instruction in Miller-El v. Cockrell, necessitating a second grant of certiorari in Miller-El v. Dretke. The court then reversed and remanded four lower court cases for reconsideration in light of Miller-El, but in two cases the lower courts have thus …


Cross-Racial Identification Errors In Criminal Cases, Sheri Johnson Dec 2014

Cross-Racial Identification Errors In Criminal Cases, Sheri Johnson

Sheri Lynn Johnson

No abstract provided.


The Color Of Truth: Race And The Assessment Of Credibility, Sheri Lynn Johnson Dec 2014

The Color Of Truth: Race And The Assessment Of Credibility, Sheri Lynn Johnson

Sheri Lynn Johnson

No abstract provided.