Pleading Guilty While Claiming Innocence: Reconsidering The Mysterious Alford Plea, James Diehm
Dec 2014
Pleading Guilty While Claiming Innocence: Reconsidering The Mysterious Alford Plea, James Diehm
James W. Diehm
No abstract provided.
The Introduction Of Jury Trials And Adversarial Elements Into The Former Soviet Union And Other Inquisitorial Countries, James W. Diehm
Dec 2000
The Introduction Of Jury Trials And Adversarial Elements Into The Former Soviet Union And Other Inquisitorial Countries, James W. Diehm
James W. Diehm
The establishment of the rule of law is of paramount importance to the process of democratization. The acceptance of the precept that there is an independent body of law, and no one is above the law, is essential to the establishment of a government of and by the people. Only when presidents, kings, queens, and other rulers are subject to a higher law, can communism, fascism, and other dictatorships be eliminated and democracy prosper. If democracy is to be established in the countries of the former Soviet Union and if those countries are to succeed economically, there must be a …
Symposium Prosecuting Transnational Crimes: Cross-Cultural Insights For The Former Soviet Union, James W. Diehm
Dec 1999
Symposium Prosecuting Transnational Crimes: Cross-Cultural Insights For The Former Soviet Union, James W. Diehm
James W. Diehm
I have the honor and privilege of commenting on Professor Shelley's address, and not surprisingly to me, having long been an admirer of her and her work, I find myself in agreement with the comments that she made.
New Federalism And Constitutional Criminal Procedure: Are We Repeating The Mistakes Of The Past?, James W. Diehm
Dec 1995
New Federalism And Constitutional Criminal Procedure: Are We Repeating The Mistakes Of The Past?, James W. Diehm
James W. Diehm
More than thirty years have passed since the United States Supreme Court made these observations in the landmark case of Mapp v. Ohio." The Court, no doubt, thought it was putting an end to the wrenching problems that developed since it laid the groundwork for the exclusionary rule in Boyd v. United States in 1886. Although the merits of the exclusionary rule have been debated for many years and will be debated for years to come, the advent of the exclusionary rule raised important issues of federalism that were not resolved easily.
Protecting Criminal Defendants' Rights When The Government Adduces Scientific Evidence: The Confrontation Clause And Other Alternatives─A Response To Professor Giannelli, James W. Diehm
Dec 1992
Protecting Criminal Defendants' Rights When The Government Adduces Scientific Evidence: The Confrontation Clause And Other Alternatives─A Response To Professor Giannelli, James W. Diehm
James W. Diehm
In his article Professor Giannelli articulates quite clearly the confrontation issues that arise when the government seeks to introduce scientific evidence testimony in a criminal case." His work is helpful to our understanding of the problems that develop in the limited contexts of expert testimony and laboratory reports. It also provides valuable insights into the relationship between the Confrontation Clause and the hearsay rules. However, perhaps most important is the contribution that he makes to our understanding of the right of confrontation and our attempts to define that right and its limitations. While I find myself to be in general …
Federal Expungement: A Concept In Need Of Definition, James W. Diehm
Dec 1991
Federal Expungement: A Concept In Need Of Definition, James W. Diehm
James W. Diehm
It is a common occurrence. An individual, frequently a young person, is arrested for a criminal offense, and the charges are disposed of without a conviction. This disposition appears favorable until the person realizes that there' is an arrest record on file that will create problems every time he or she seeks employment, applies for a professional license, or attempts to obtain a security clearance. Is there a way to remedy this situation? The answer is yes. The person can seek expungement of the criminal record. In fact, expungement may even be granted when the person has been convicted of …
Impeachment Of Jury Verdicts: Tanner And Beyond, James W. Diehm
Dec 1990
Impeachment Of Jury Verdicts: Tanner And Beyond, James W. Diehm
James W. Diehm
Why, after more than two centuries of study and consideration by the courts and legal scholars alike, does the debate over the impeachment of jury verdicts persist? The problem is not one susceptible to an easy solution. If we lived in a perfect world, fair and impartial juries would be selected; they would listen to the evidence, retire to the jury room, discuss the evidence rationally in a cordial manner, follow the court's instructions, reach a just and logical verdict, accurately report that verdict and be excused. Unfortunately, a myriad of problems can develop during this process, for example, a …
