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Eyewitnesses And Exclusion, Brandon L. Garrett
Eyewitnesses And Exclusion, Brandon L. Garrett
Vanderbilt Law Review
The dramatic moment when an eyewitness takes the stand and points to the defendant in the courtroom can be pivotal in a criminal trial. That piece of theater, however compelling to jurors, is staged: it is obvious where the defendant is sitting, and, importantly, the memory of the eyewitness should have been tested before trial using photo arrays or lineups. Such courtroom displays have been accepted for so long that their role in the U.S. Supreme Court's due process jurisprudence regulating eyewitness identifications has been neglected. The due process test that regulates tens of thousands of eyewitness identifications each year …
Taking Miranda's Pulse, William T. Pizzi, Morris B. Hoffman
Taking Miranda's Pulse, William T. Pizzi, Morris B. Hoffman
Vanderbilt Law Review
The Supreme Court decided five Miranda1 cases in 2003-2004, making this one of the most active fifteen-month periods for the law of self-incrimination since the controversial case was decided in 1966. In this Article, we consider three of those five cases-Chavez v. Martinez, Missouri v. Seibert and United States v. Patane-along with the blockbuster decision four years ago in Dickerson v. United States. in an attempt to decipher what, if anything, this remarkable level of activity teaches us about the direction of the Court's self-incrimination jurisprudence. In the end, while these cases, like those before them, may not entirely clarify …
Emerging Standards In Supreme Court Double Jeopardy Analysis, Clifford R. Ennico
Emerging Standards In Supreme Court Double Jeopardy Analysis, Clifford R. Ennico
Vanderbilt Law Review
The purposes of this Recent Development are as follows: to identify and evaluate recent modifications in the Court's double jeopardy analysis, to propose that the Court's 1977 Term double jeopardy standards dilute the double jeopardy protection previously afforded to criminal defendants, and to suggest that the Court should permit a broader scope of appellate review in double jeopardy cases.
Federal Double Jeopardy Policy, Jay A. Sigler
Federal Double Jeopardy Policy, Jay A. Sigler
Vanderbilt Law Review
The fifth amendment provision against double jeopardy is one of the basic protections afforded defendants by the United States Constitution. Its roots are found in early common law,' and the policies which it represents have been gradually defined by federal courts to meet various situations of inequality in the position of a criminal defendant confronted by federal prosecuting attorneys. Presently the double jeopardy provision is not incorporated by the fourteenth amendment as a restriction upon state action, but this condition may not prevail much longer. Should double jeopardy become incorporated into the "due process" clause of the fourteenth amendment, states …
The Dilemma Of The Directed Acquittal, Richard H. Winningham
The Dilemma Of The Directed Acquittal, Richard H. Winningham
Vanderbilt Law Review
Some of the worst abuses of state criminal due process, the author believes, result from anachronistic and artificial restraints which prevent the trial judge from directing acquittals. Therefore,he advocates for all states a uniform policy and practice recognizing and authorizing directed acquittals where the evidence is legally insufficient to support a conviction.
Unconvicting The Innocent, Richard C. Donnelly
Unconvicting The Innocent, Richard C. Donnelly
Vanderbilt Law Review
"Innocent Man is Unable to Clear Record after 7 1/2 Years in Prison. Under this headline, the New York Times recently reported the courthouse tragedy of Nathan Kaplan, 49-year-old salesman.' Mr. Kaplan's brush with the law began on September 28, 1937, when the Federal Government indicted him under the name of Nathan Kaplan, alias "Kitty," for the sale of heroin to a government undercover agent. Although he vigorously proclaimed his innocence from the day of his arrest, he did not take the witness stand at his trial. He was represented by able counsel and other due process requirements were fully …
Books Received, Law Review Staff
Books Received, Law Review Staff
Vanderbilt Law Review
CHARLES EVANS HUGHES AND THE SUPREME COURT
By Samuel Hendel
New York: King's Crown Press, 1951. Pp. 337
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DUE PROCESSES OF LAW
By Virginia Wood
Baton Rouge: Louisiana State University Press, 1951. Pp. 436. $6.00.
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LEGAL AID IN THE UNITED STATES
By Emery A. Brownell
Rochester: The Lawyers Co-operative Publishing Co., 1951. Pp. 333. $4.50.
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LEVIATHAN AND NATURAL LAW
By F. Lyman Windolph
Princeton: Princeton University Press, 1951. Pp. 147. $2.50.
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OIL AND LAW
Articles reprinted from the Texas Law Review
Austin:Texas Law Review, 1951. Pp. 1736. Bound copies $15.00, unbound copies $12.00.
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