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Articles 1 - 6 of 6
Full-Text Articles in Law
'Soft Words Of Hope:' Giglio, Accomplice Witnesses, And The Problem Of Implied Inducements, R. Michael Cassidy
'Soft Words Of Hope:' Giglio, Accomplice Witnesses, And The Problem Of Implied Inducements, R. Michael Cassidy
R. Michael Cassidy
Many scholars have criticized the government's practice of rewarding accomplices with leniency in exchange for their cooperation in criminal cases, because such practice provides the accomplice with a tremendous inducement to fabricate in order to curry favor with the government. To date, however, no commentators have approached the complex problem of accomplice fabrication from the perspective of criminal discovery. In the enclosed article, the author takes a fresh look at the subject of accomplice testimony, and argues that what are needed are not further restrictions on the circumstances in which an accomplice may testify, but rather a more vigorous enforcement …
The Uses Of History In Crawford V. Washington, Frank Herrmann
The Uses Of History In Crawford V. Washington, Frank Herrmann
Frank R. Herrmann, S.J.
To a striking degree, both the majority and concurring opinions in Crawford v. Washington are replete with references to Anglo-American historical materials, used to support differing conclusions about the application of the Confrontation Clause to testimonial hearsay. This essay sets out Justice Scalia's and Chief Justice Rehnquist's historical arguments and then employs the standards of legal historians to evaluate whether the two opinions use history in a valid manner. The essay concludes that the "history" in Crawford is not that of an historian, but is a "usable past," as conceived by Cass Sunstein and Stephen Griffin.
Overextending The Criminal Law And Misguided Guidelines, Erik Luna
Overextending The Criminal Law And Misguided Guidelines, Erik Luna
Erik Luna
No abstract provided.
Beating A Bum Rap, Richard Leo
Beating A Bum Rap, Richard Leo
Richard A. Leo
This essay focuses on the author's experience as an expert witness in the murder trial of Kenneth Cowling and his use of social science research in the courtroom. The author details the value of social science research in the context of police interrogation methods and its use in educating juries about the causes and consequences of false confessions. The essay concludes with a brief discussion of the evidence that led to Cowling's acquittal.
The Third Degree And The Origins Of Psychological Interrogation In The United States, Richard Leo
The Third Degree And The Origins Of Psychological Interrogation In The United States, Richard Leo
Richard A. Leo
This chapter describes and analyzes third degree interrogation in nineteenth- and early twentieth-century America. The chapter begins with a detailed description and analysis of the various kinds and types of third degree interrogation, describing both the physical and psychological components of the third degree. Next, the chapter discusses how the ideology and practice of so-called "scientific" lie detection and psychological interrogation came to replace the third degree following the Wickersham Commission's Report in the 1930s. Although the third degree is, for the most part, a relic of the distant past, its demise represents a crucial turning point in the history …
Online Surveillance: Remembering The Lessons Of The Wiretap Act, Susan Freiwald
Online Surveillance: Remembering The Lessons Of The Wiretap Act, Susan Freiwald
Susan Freiwald
This Article explores those features of electronic surveillance that have made it challenging to regulate effectively. In balancing interests, lawmakers must create a workable law for an exceedingly complex topic, rein in law enforcement agents without crippling them, and draw a line between prohibited and permitted conduct despite society's ambivalence about surveillance. This Article demonstrates that lawmakers met those challenges when they regulated traditional wiretapping, but they have failed to meet them in the online context. It argues that the law should extend the significant restrictions on wiretapping to online surveillance, just as judges did in the case of video …