Law Commons^™

A Pink Cadillac, An Iq Of 63, And A Fourteen-Year-Old From South Carolina: Why I Can No Longer Support The Death Penalty, Mark Earley Sr.

University of Richmond Law Review

No abstract provided.

Court Of Appeals Of New York, People V. Abar, Danielle Dupré

Touro Law Review

No abstract provided.

Court Of Appeals Of New York, People V. Grice, Michael Elkin, Patrick Foster

Touro Law Review

No abstract provided.

Supreme Court, New York County, People V. Cespedes, Kathleen Egan

Touro Law Review

No abstract provided.

Supreme Court, Bronx County, People V. Butler, Courtney Weinberger

Touro Law Review

No abstract provided.

Supreme Court, Kings County, People V. Chapman, Kerri Grzymala

Touro Law Review

No abstract provided.

Appellate Division, First Department, People V. Ramirez, Nicole Compas

Touro Law Review

No abstract provided.

Constitutional Culpability: Questioning The New Exclusionary Rules, Andrew Ferguson

Articles in Law Reviews & Other Academic Journals

This article addresses the questions left unanswered by the Supreme Court’s recent exclusionary rule cases. The Hudson-Herring-Davis trilogy presents a new and largely unexamined doctrinal landscape for Fourth Amendment suppression hearings. Courts, litigators, and scholars are only now assessing what has changed on the ground in trial practice.Once an automatic remedy for any constitutional violation, the exclusionary rule, now necessitates a separate and more searching analysis. Rights and remedies have been decoupled, such that a clear Fourth Amendment constitutional violation may not lead to the exclusion of evidence. Instead, it now leads to an examination of the conduct of the …

Criminal Law And Procedure, Aaron J. Campbell, Kathleen B. Martin

University of Richmond Law Review

No abstract provided.

Book Review: Errol Morris, “A Wilderness Of Error”: Provocative But Unpersuasive, Richard C. Cahn

Touro Law Review

No abstract provided.

Reflections Of A First-Time Expert Witness, Jelani Jefferson Exum

Faculty Publications

(Excerpt)

On January 2, 2013, I testified as an expert witness at a sentencing hearing in federal district court. It was my first time being qualified as an expert, and my only time testifying in court in any capacity. A couple of months earlier, I had been contacted by an Assistant Federal Public Defender (AFPD) who asked if I’d be interested in being retained as an expert. She was handling the sentencing of a man convicted of child pornography possession, receipt, and transportation, and had read my work criticizing the development of the Federal Sentencing Guidelines provisions for these offenses. …

The Right To Waive Competent Counsel: Extending The Faretta Waiver, Augustine Gerard Yee

Pepperdine Law Review

No abstract provided.

Milking The New Sacred Cow: The Supreme Court Limits The Peremptory Challenge On Racial Grounds In Powers V. Ohio And Edmonson V. Leesville Concrete Co., Bradley R. Kirk

Pepperdine Law Review

No abstract provided.

Adult Survivors Of Childhood Sexual Abuse And The Statute Of Limitations: The Need For Consistent Application Of The Delayed Discovery Rule, Gregory G. Gordon

Pepperdine Law Review

No abstract provided.

Scientific Evidence In The Age Of Daubert: A Proposal For A Dual Standard Of Admissibility In Civil And Criminal Cases , William P. Haney Iii

Pepperdine Law Review

No abstract provided.

Criminal Law And Procedure, Aaron J. Campbell, Kathleen B. Martin

University of Richmond Law Review

This article aims to give the criminal law practitioner a succinct review of significant cases regarding criminal law and procedure decided by the Supreme Court of Virginia and the Court ofAppeals of Virginia during the past year. The authors have focused their discussion of the cases on cogent points found in the holdings. The article also briefly summarizes recent legislative enactments pertaining to criminal law.

The Propriety Of Jury Questioning: A Remedy For Perceived Harmless Error, Laurie Forbes Neff

Pepperdine Law Review

No abstract provided.

Innocence Is Different: Taking Innocence Into Account In Reforming Criminal Procedure, D. Michael Risinger, Lesley C. Risinger

NYLS Law Review

No abstract provided.

Models Of Justice To Protect Innocent Persons, Tim Bakken

NYLS Law Review

No abstract provided.

A Diva Defends Herself: Gender And Domestic Violence In An Early Twentieth-Century Headline Trial, Carolyn B. Ramsey

Publications

This short article was presented as part of a symposium on headline criminal trials, organized by St. Louis University School of Law in honor of Lawrence Friedman. It describes and analyzes the self-defense acquittal of opera singer Mae Talbot in Nevada in 1910 on charges of murdering her abusive husband. Based on extensive research into archival trial records and newspaper reports, the article discusses how the press, the court, and trial lawyers on both sides depicted the killing and Mae’s possible defenses. Without discounting the sensationalism and entertainment value, to a scandal-hungry public, of stories about violent marriages, I contend …

Terrorism And The Law: Show Trials And Why The Show Must Go On, Ibpp Editor

International Bulletin of Political Psychology

The author discusses the nature and meaning of terrorism trials during the United States’ war on terror.

Deregulating Guilt: The Information Culture Of The Criminal System, Alexandra Natapoff

Alexandra Natapoff

Minnesota's Distortion Of Rule 609, Ted Sampsell-Jones

Faculty Scholarship

Rule of Evidence 609, which governs the admission of prior convictions of a witness for purposes of impeachment, occupies an important place in the day to day operation of American criminal trials. The rule is a compromise that reflects these competing values. It admits some prior convictions but not all. Crimen falsi offenses such as perjury and fraud are automatically admissible under 609(a)(2). All other felonies are analyzed under the balancing test of 609(a)(1), which allows the admission of a defendant-witness's crimes if the “probative value of admitting this evidence outweighs its prejudicial effect to the accused.” The rule seeks …

The Meaning Of Life (Or Limb): An Originalist Proposal For Double Jeopardy Reform, Justin W. Curtin

University of Richmond Law Review

No abstract provided.

The Trial Of John Brown: A Commentary, Douglas O. Linder

Faculty Works

The arrest, trial, and execution of John Brown in the fall of 1859 came at a critical moment in United State history. According to historian David S. Reynolds in his biography, "John Brown, Abolitionist: The Man Who Killed Slavery, Sparked the Civil War, and Seeded Civil Rights" (2005), Brown's actions and statements following his failed attempt to begin a slave insurrection near Harper's Ferry, Virginia so polarized northern and southern opinion on the slavery issue as to ensure Abraham Lincoln's election and cause the Civil War to occur perhaps two decades earlier than it might have otherwise. Reynolds is quick …

The Mcmartin Preschool Abuse Trial, Douglas O. Linder

Faculty Works

The McMartin Preschool Abuse Trial, the longest and most expensive criminal trial in American history, should serve as a cautionary tale. When it was all over, the government had spent seven years and $15 million dollars investigating and prosecuting a case that led to no convictions. More seriously, the McMartin case left in its wake hundreds of emotionally damaged children, as well as ruined careers for members of the McMartin staff. No one paid a bigger price than Ray Buckey, one of the principal defendants in the case, who spent five years in jail awaiting trial for a crime (most …

The Trial Of Richard Bruno Hauptmann, Douglas O. Linder

Faculty Works

Journalist H. L. Mencken called the trial of Bruno Hauptmann, the accused kidnapper of the baby of aviator Charles Lindbergh, the greatest story since the Resurrection. While Mencken's description is doubtless an exaggeration, measured by the public interest it generated, the Hauptmann trial stands with the O. J. Simpson and Scopes trials as among the most famous trials of the twentieth century. The trial featured America's greatest hero, a good mystery involving ransom notes and voices in dark cemeteries, a crime that is every parent's worst nightmare, and a German-born defendant who fought against U. S. forces in World War …

Trial Of The Rosenbergs: An Account, Douglas O. Linder

Faculty Works

The Rosenberg Trial is the sum of many stories: a story of betrayal, a love story, a spy story, a story of a family torn apart, and a story of government overreaching. As is the case with many famous trials, it is also the story of a particular time: the early 1950's with its cold war tensions and headlines dominated by Senator Joseph McCarthy and his demagogic tactics. The Manhattan Project was the name given to the top-secret effort of Allied scientists to develop an atomic bomb. One of the Manhattan Project scientists working in Los Alamos was a British …

The Oklahoma City Bombing And The Trial Of Timothy Mcveigh, Douglas O. Linder

Faculty Works

A bomb carried in a Ryder truck exploded in front of the Murrah Federal Building in Oklahoma City at 9:02 a.m. on April 19, 1995. The bomb claimed 168 innocent lives. That a homegrown, war-decorated American terrorist named Timothy McVeigh drove and parked the Ryder truck in the handicap zone in front of the Murrah Building there is little doubt. In 1997, a jury convicted McVeigh and sentenced him to death. The federal government, after an investigation involving 2,000 agents, also charged two of McVeigh's army buddies, Michael Fortier and Terry Nichols, with advance knowledge of the bombing and participation …

The Trial Of Lizzie Borden, Douglas O. Linder

Faculty Works

"Lizzie Borden took an axe, and gave her mother forty whacks. When she saw what she had done, she gave her father forty-one." Actually the Bordens received only 29 whacks, not the 81 suggested by the famous ditty, but the popularity of the poem is a testament to the public's fascination with the 1893 murder trial of Lizzie Borden. The source of that fascination might lie in the almost unimaginably brutal nature of the crime - given the sex, background, and age of the defendant - or in the jury's acquittal of Lizzie in the face of prosecution evidence that …