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Testimonial Statements, Reliability, And The Sole Or Decisive Evidence Rule: A Comparative Look At The Right Of Confrontation In The United States, Canada, And Europe, Deborah Paruch
Catholic University Law Review
Criminal trials in the United States are meant to ascertain the truth. But other societal values, such as fairness to the parties and public confidence in the integrity of the process, are at stake as well. Among the cornerstone rights to protect a defendant’s right to a fair trial is the right to confrontation. The right to confrontation enables a criminal defendant to exclude hearsay evidence from a trial when the defendant did not have an opportunity to cross-examine the witness. This right has undergone substantial changes and revisions over the last decade, both in the United States and abroad. …
Following Orders: Campbell V. United States, The Waiver Of Appellate Rights, And The Duty Of Counsel, Jacob Szewczyk
Following Orders: Campbell V. United States, The Waiver Of Appellate Rights, And The Duty Of Counsel, Jacob Szewczyk
Catholic University Law Review
In the 1984 case of Strickland v. Washington, the Supreme Court announced a two-pronged test to analyze whether a criminal defendant has received ineffective assistance of counsel. Since the rule was announced, the Court has expanded Strickland’s scope to apply to analyze counsel’s review at different stages of the criminal proceeding. This Comment addresses one issue that has remained unanswered by the Supreme Court: whether counsel’s failure to file a notice of appeal, after a defendant has waived his right to appeal through a plea bargain, constitutes ineffective assistance of counsel. This Comment discusses the circuit split that …