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Articles 1 - 30 of 52
Full-Text Articles in Law
The Excessive Fines Clause And Punitive. Damages: Some Lessons From History, Calvin R. Massey
The Excessive Fines Clause And Punitive. Damages: Some Lessons From History, Calvin R. Massey
Vanderbilt Law Review
Contrary to the notion that the eighth amendment' is confined strictly to criminal cases, the excessive fines clause of the eighth amendment should apply to the imposition of punitive damages and all judicially imposed monetary sanctions in civil cases. Although this view represents a sharp departure from accepted doctrine, this interpretation of the excessive fines clause is consistent with the historical development of the textual antecedents of the eighth amendment,s the political theory that underlies the adoption of the eighth amendment, and the contemporary purposes served by punitive damages themselves. Moreover, this view in noway violates the holdings of those …
The Testimony Of Child Witnesses: Fact, Fantasy, And The Influence Of Pretrial Interviews, John R. Christiansen
The Testimony Of Child Witnesses: Fact, Fantasy, And The Influence Of Pretrial Interviews, John R. Christiansen
Washington Law Review
Youth alone does not make a child witness' statements unreliable. Generally speaking, children are about as reliable as adults in reporting events they have actually perceived or experienced. However, a young child is, in certain respects, more vulnerable to suggestion than an adult and more liable to confuse memory of fact with memory of fantasy. The danger is that pretrial interviewing and preparation procedures will suggest facts and stimulate fantasies the child will thereafter report and recall as truth. Falsification of memory is far from inevitable and can be prevented by careful handling of the pretrial child witness procedures. But …
Reflections On Client Perjury, Bennett L. Gershman
Reflections On Client Perjury, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
Most experienced prosecutors, judges, and defense attorneys would probably agree that perjury in the criminal justice system occurs often. Although the frequency of perjury has never empirically been demonstrated, it is not surprising that with so much at stake, prosecution and defense witnesses would be tempted to fabricate testimony to meet the exigencies of the case. Detecting and dealing with perjurious testimony, however, is another matter. Implicated are complex legal and ethical problems for both prosecutors and defense attorneys. The judiciary's response to these problems, moreover, has largely been formalistic, without enunciating sufficiently clear standards to guide future behavior.
'Comparative Reprehensibility' And The Fourth Amendment Exclusionary Rule, Yale Kamisar
'Comparative Reprehensibility' And The Fourth Amendment Exclusionary Rule, Yale Kamisar
Articles
It is not . . . easy to see what the shock-the-conscience test adds, or should be allowed to add, to the deterrent function of exclusionary rules. Where no deterrence of unconstitutional police behavior is possible, a decision to exclude probative evidence with the result that a criminal goes free to prey upon the public should shock the judicial conscience even more than admitting the evidence. So spoke Judge Robert H. Bork, concurring in a ruling that the fourth amendment exclusionary rule does not apply to foreign searches conducted exclusively by foreign officials. A short time thereafter, when an interviewer …
Procedure's Magical Number Three: Psychological Bases For Standards Of Decision, Kevin M. Clermont
Procedure's Magical Number Three: Psychological Bases For Standards Of Decision, Kevin M. Clermont
Cornell Law Faculty Publications
So many procedural doctrines appear, after research and teaching, to trifurcate. An obvious example is that kind of standard of decision known as the standard of proof: what in theory might have been a continuum of standards divides in practice into the three distinct standards of preponderance of the evidence, clear and convincing evidence, and proof beyond a reasonable doubt. Other examples suggest both that I am not imagining the prominence of three and that more than coincidence is at work.
Part I of this essay describes the role of the number three in procedure, with particular regard to standards …
Michigan V. Long: The Inadequacies Of Independent And Adequate State Grounds, Patricia Fahlbusch, Daniel Gonzalez
Michigan V. Long: The Inadequacies Of Independent And Adequate State Grounds, Patricia Fahlbusch, Daniel Gonzalez
University of Miami Law Review
No abstract provided.
Criminal Procedure, Ronald J. Bacigal
Criminal Procedure, Ronald J. Bacigal
Law Faculty Publications
This article summarizes significant legislative changes, decisions of the United States and Virginia Supreme Courts, and decisions of the Virginia Court of Appeals. A more extensive consideration of this material as well as recent decisions of the Court of Appeals for the Fourth Circuit and federal district courts is contained in R. Bacigal, Virginia Criminal Procedure (Supp. 1987).
Criminal Procedure In The Rehnquist Court: Has The Rehnquisition Begun?, Craig M. Bradley
Criminal Procedure In The Rehnquist Court: Has The Rehnquisition Begun?, Craig M. Bradley
Indiana Law Journal
No abstract provided.
Court-Ordered Criminal Restitution In Washington, Scott Peterson
Court-Ordered Criminal Restitution In Washington, Scott Peterson
Washington Law Review
This survey is an overview of court-ordered restitution in Washington. It reconciles the case law interpreting the restitution statutes currently in effect in Washington. It compares and contrasts the statutes. Finally, it is an effort to identify areas of the law that need additional judicial or legislative clarification.
Suspending Imposition And Execution Of Criminal Sentences: A Study Of Judicial And Legislative Confusion, John M.A. Dipippa
Suspending Imposition And Execution Of Criminal Sentences: A Study Of Judicial And Legislative Confusion, John M.A. Dipippa
University of Arkansas at Little Rock Law Review
No abstract provided.
Criminal Procedure—Peremptory Challenges In Felony Prosecutions, Pamela J. Bryan
Criminal Procedure—Peremptory Challenges In Felony Prosecutions, Pamela J. Bryan
University of Arkansas at Little Rock Law Review
No abstract provided.
Confronting Rape Shield, Allison I. Connelly
Confronting Rape Shield, Allison I. Connelly
Law Faculty Popular Media
In this newsletter article, Professor Connelly discusses the difficulties faced by defense attorneys in addressing rape shield laws.
Jury Instructions For Civil And Criminal Rico Cases Approved By: Rico Cases Committee, Criminal Justice Section Of The American Bar Association
BYU Law Review
No abstract provided.
Videotaping Children's Testimony: An Empirical View, Paula E. Hill, Samuel M. Hill
Videotaping Children's Testimony: An Empirical View, Paula E. Hill, Samuel M. Hill
Michigan Law Review
Increases in the number of reported incidents of child abuse and sexual molestation have resulted in more and younger children becoming courtroom participants. Some courts refuse to consider the special needs of the child in this adversarial environment. Relying on questionable precedent, these courts hold that the defendant's right to directly confront the child, as well as strict compliance with evidentiary rules, overrides that child's interest in freedom from embarrassment or psychological trauma. This Note focuses on pressures felt by the testifying child and the ways in which these pressures affect her testimony; it then proposes using videotaped testimony as …
The Supreme Court, The Mentally Disabled Criminal Defendant, And Symbolic Values: Random Decisions, Hidden Rationales, Or Doctrinal Abyss?, Michael L. Perlin
The Supreme Court, The Mentally Disabled Criminal Defendant, And Symbolic Values: Random Decisions, Hidden Rationales, Or Doctrinal Abyss?, Michael L. Perlin
Articles & Chapters
No abstract provided.
Maintaining System Integrity In Capital Cases: The Use Of Court-Appointed Counsel To Present Mitigating Evidence When The Defendant Advocates Death, Linda Carter
McGeorge School of Law Scholarly Articles
No abstract provided.
State Constitutions, Freedom Of Expression, And Search And Seizure: Prospects For State Court Reincarnation, Sue Davis, Taunya Lovell Banks
State Constitutions, Freedom Of Expression, And Search And Seizure: Prospects For State Court Reincarnation, Sue Davis, Taunya Lovell Banks
Faculty Scholarship
No abstract provided.
Annual Survey Of Virginia Law - Civil Procedure And Practice, William Hamilton Bryson
Annual Survey Of Virginia Law - Civil Procedure And Practice, William Hamilton Bryson
Law Faculty Publications
This article considers recent developments in the field of Virginia civil procedure and practice, including statutes, rules of court, and opinions of the Supreme Court of Virginia and the Court of Appeals of Virginia that have appeared between May 1986 and May 1987. This article also comments on cases in volumes five through eight of Virginia Circuit Court Opinions, many of which were decided before 1986. It is appropriate to mention them here since they were only recently made generally available through publication. In order to facilitate the discussion of numerous Virginia Code sections, they will be referred to in …
Evidentiary Use Of Other Crime Evidence: A Survey Of Recent Trends In Criminal Procedure, Susan Stuart
Evidentiary Use Of Other Crime Evidence: A Survey Of Recent Trends In Criminal Procedure, Susan Stuart
Law Faculty Publications
No abstract provided.
Bounds And Beyond: A Need To Reevaluate The Right Of Prisoner Access To The Courts, Steven D. Hinckley
Bounds And Beyond: A Need To Reevaluate The Right Of Prisoner Access To The Courts, Steven D. Hinckley
University of Richmond Law Review
There is little doubt that a prisoner's most important right is access to the courts. Without access, prisoners have neither a forum in which to question the conditions and constitutionality of their confinement, nor an arena in which to seek vindication of other alleged rights violations. Therefore, the right of access is the foundation upon which other prisoners' rights are built.
Casenotes: Constitutional Criminal Procedure — Self-Incrimination — Court May Compel Witnesses To Testify Before A Grand Jury Who Are Immune From Prosecution In The United States, But Amenable To Prosecution In A Foreign Jurisdiction. United States V. Under Seal, 794 F.2d 920 (4th Cir.), Cert. Denied, 107 S. Ct. 331 (1986), Ellen Beth Berkow
University of Baltimore Law Review
No abstract provided.
State V. Hickman: An Accused's Right To A Third Party Attorney--Lady Luck Or Lady Liberty, Joellen Lyons
State V. Hickman: An Accused's Right To A Third Party Attorney--Lady Luck Or Lady Liberty, Joellen Lyons
West Virginia Law Review
No abstract provided.
Reviewing The Situation: What Is To Be Done With The Foreign Corrupt Practices Act?, Laura E. Longobardi
Reviewing The Situation: What Is To Be Done With The Foreign Corrupt Practices Act?, Laura E. Longobardi
Vanderbilt Journal of Transnational Law
This Article examines some of the paradoxes that the FCPA creates. Part II sets forth the sequence of events that led to the Act's passage. Part III outlines the Act, describes some of the major criticisms of the FCPA and discusses its proposed amendments. Part IV discusses the review procedures that the DOJ has adopted and assesses the chances for a new review procedure or FCPA guidelines, or both. Part V examines the enforcement actions taken under the FCPA and includes a discussion of the investigative procedures of the DOJ. Finally, part VI of this Article considers the future of …
Extending The Self-Incrimination Clause To Persons In Fear Of Foreign Prosecution, Bret A. Fausett
Extending The Self-Incrimination Clause To Persons In Fear Of Foreign Prosecution, Bret A. Fausett
Vanderbilt Journal of Transnational Law
This Note will examine the rationale, policies, and history behind the self-incrimination clause and will demonstrate the privilege's importance as an individual right and as a check on police power. Only by exploring the purposes and policies behind the privilege--an approach condoned by the Supreme Court--is one able to formulate the best answer to whether the self-incrimination clause extends to persons in fear of foreign prosecution. An understanding of what the privilege is supposed to protect will lead to a better understanding of the scope of this important constitutional guarantee. This Note will then focus on recent cases in which …
Kuhlmann V. Wilson: The Sixth Amendment Right To Counsel: Government Circumvention Through Surreptitious Interrogation, 20 J. Marshall L. Rev. 567 (1987), Craig Dow Patton
Kuhlmann V. Wilson: The Sixth Amendment Right To Counsel: Government Circumvention Through Surreptitious Interrogation, 20 J. Marshall L. Rev. 567 (1987), Craig Dow Patton
UIC Law Review
No abstract provided.
Appealability, Under The Collateral Order Doctrine, Of Orders Denying Motions For Appointment Of Counsel In Federal Civil Litigation After Richardson-Merrell, Inc. V. Koller, Kevin G. Dumbach
Touro Law Review
No abstract provided.
Silence As A Trial Strategy After Strickland And Cronic: Ineffective Assistance Of Counsel?Nic : The Ineffective Assistance Of Counsel?, Jo Ellen Silberstein
Silence As A Trial Strategy After Strickland And Cronic: Ineffective Assistance Of Counsel?Nic : The Ineffective Assistance Of Counsel?, Jo Ellen Silberstein
Touro Law Review
No abstract provided.
The Salerno Challenge To The Bail Reform Act Of 1984, Aba Heiman
The Salerno Challenge To The Bail Reform Act Of 1984, Aba Heiman
Touro Law Review
No abstract provided.
Citizen's Arrests And The Fourth Amendment--A Fresh Perspective, Howard E. Wallin
Citizen's Arrests And The Fourth Amendment--A Fresh Perspective, Howard E. Wallin
Touro Law Review
No abstract provided.
Proving Entrapment Under The Predisposition Test, Paul Marcus
Proving Entrapment Under The Predisposition Test, Paul Marcus
Faculty Publications
No abstract provided.