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Criminal Law

2002

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Articles 241 - 249 of 249

Full-Text Articles in Law

American Legal Education, Robert Bloom Dec 2001

American Legal Education, Robert Bloom

Robert M. Bloom

No abstract provided.

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Miranda, Confessions, And Justice: Lessons For Japan?, Richard Leo Dec 2001

Miranda, Confessions, And Justice: Lessons For Japan?, Richard Leo

Richard A. Leo

This chapter explores whether a Miranda-like warning and waiver regime could be successfully implemented in Japan. The chapter reviews the social science and legal scholarship on Miranda's impact on American interrogation practices and suspect behavior, concluding that most American suspects continue to waive their rights and law enforcement personnel continue to obtain a high number of confessions and convictions. Next, the chapter discusses the contemporary law and practice of interrogation in Japan. In Japan, interrogation appears to be routinely psychologically coercive and virtually all defendants make either partial admissions or full confessions to alleged offenses. Confessions are regarded as superior …

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Victim Or Vamp? Images Of Violent Women In The Criminal Justice System, Chimene I. Keitner Dec 2001

Victim Or Vamp? Images Of Violent Women In The Criminal Justice System, Chimene I. Keitner

Chimene I Keitner

No abstract provided.

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Related Representations In Civil And Criminal Matters: The Night The D.A. Ditched His Date For The Prom, Randy Lee Dec 2001

Related Representations In Civil And Criminal Matters: The Night The D.A. Ditched His Date For The Prom, Randy Lee

Randy Lee

No abstract provided.

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3. Coming To Grips With Children’S Suggestibility., Karen J. Saywitz, Thomas D. Lyon Dec 2001

3. Coming To Grips With Children’S Suggestibility., Karen J. Saywitz, Thomas D. Lyon

Thomas D. Lyon

When children are asked to describe what they have seen, heard, or experienced,they bring their limitations along with their capabilities to the task. Adults who rely on children's answers must come to grips with theimperfections and inadequacies, as well as the merits and utility, of children'sreports. Some research findings appear to condemn children's re...ports, others champion their competencies. One way to understand thisinconsistency is to align the studies along a continuum.

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5. Support Persons And The Child Witness., Thomas D. Lyon Dec 2001

5. Support Persons And The Child Witness., Thomas D. Lyon

Thomas D. Lyon

American trial courts often rule on motions that children testify in court accompanied by a support· person. Unfortunately, the potential impact of providing a child witness with a support person has not been thoroughly researched.

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6. Applying Suggestibility Research To The Real World: The Case Of Repeated Questions., Thomas D. Lyon Dec 2001

6. Applying Suggestibility Research To The Real World: The Case Of Repeated Questions., Thomas D. Lyon

Thomas D. Lyon

One can discern two parallel trends in the law and the psychology of child witnesses. In the law, appellate courts are beginning to stem the once powerful movement to increase the acceptance of children’s testimony and the admissibility of children’s out-of-court statements. In psychology, experimental psychologists are amassing evidence of the potential unreliability of children’s memory reports. The trends intersect when courts assess the reliability of children’s statements in order to evaluate the competency of child witnesses, to decide whether to admit expert testimony about the suggestibility of children, and to decide whether to admit children’s hearsay.

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Magistrate Judges, Article Iii, And The Power To Preside Over Federal Prisoner Section 2255 Proceedings, Ira P. Robbins Dec 2001

Magistrate Judges, Article Iii, And The Power To Preside Over Federal Prisoner Section 2255 Proceedings, Ira P. Robbins

Ira P. Robbins

In 1968, Congress enacted the Federal Magistrates Act to enhance judicial efficiency in the federal courts. Since then, some judicial functions delegated to magistrate judges have been challenged on constitutional grounds: while federal district judges, appointed pursuant to Article III of the United States Constitution, are protected with life tenure and undiminishable salary, thereby enhancing judicial independence, federal magistrate judges, appointed pursuant to Article I, have no such protection. The most recent major challenge to magistrate judge authority came in 2001, when the United States Court of Appeals for the Fifth Circuit, in United States v. Johnston, decided that referral …

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Justice By The Numbers: The Supreme Court And The Rule Of Four-Or Is It Five?, Ira P. Robbins Dec 2001

Justice By The Numbers: The Supreme Court And The Rule Of Four-Or Is It Five?, Ira P. Robbins

Ira P. Robbins

INTRODUCTION:

In the early hours of April 14, 2000, Robert Lee Tarver died in Alabama's electric chair, even though four Justices of the United States Supreme Court had voted to review the merits of his case. This situation is not unique. Each year, practitioners and pro se litigants alike petition the Supreme Court without fully knowing the rules pursuant to which the Court will decide their client's, or their own, fate. The reason is that the Supreme Court operates under two sets of rules-those that are published and those that are not. The former specify This Article is based on …

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