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Full-Text Articles in Law
Plea Bargaining As Dialogue, Rinat Kitai-Sangero
Plea Bargaining As Dialogue, Rinat Kitai-Sangero
Akron Law Review
This Article proposes turning plea bargaining into a dialogical process, which would result in lessening a defendant’s sense of alienation during the progress of the criminal justice procedure. This Article argues that plea bargaining constitutes an opportunity to circumvent restrictions existing during a trial or outside a trial, such as the inadmissibility of character evidence and the need for the victim's consent in restorative justice proceedings. This Article proposes to navigate the plea bargaining process in a way that creates a real dialogue with defendants. Such a dialogue can reduce the sense of alienation that defendants feel from their position …
Prejudicial Character Evidence: How The Circuits Apply Old Chief To Federal Rule Of Evidence 403, Hannah J. Goldman
Prejudicial Character Evidence: How The Circuits Apply Old Chief To Federal Rule Of Evidence 403, Hannah J. Goldman
Fordham Law Review
It is a fundamental principle of the American justice system that a defendant should be judged on the facts of the case at issue and not for the defendant's general character or past indiscretions. Federal Rule of Evidence 404, which prohibits character evidence, addresses this issue. Rule 403 represents another principle of the justice system: the legal system favors admissibility of evidence over its exclusion. There are some exceptions to this principle, including when evidence is so highly prejudicial that it outweighs the benefits of its admission. As 404(b) character evidence is almost always highly prejudicial to the defendant, trial …
A Prosecutor's Guide To Character Evidence: When Is Uncharged Possession Evidence Probative Of A Defendant's Intent To Distribute?, James Decleene
A Prosecutor's Guide To Character Evidence: When Is Uncharged Possession Evidence Probative Of A Defendant's Intent To Distribute?, James Decleene
Marquette Law Review
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