Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Criminal Procedure

2011

Mercer University School of Law

Articles 1 - 3 of 3

Full-Text Articles in Law

State V. Jackson And The Explosion Of Liability For Felony Murder, Brian E. Brupbacher Jul 2011

State V. Jackson And The Explosion Of Liability For Felony Murder, Brian E. Brupbacher

Mercer Law Review

In The Discourses, Niccold Machiavelli wrote, "The dangers involved in conspiracies[] ... are considerable, and go on all the time, for in a conspiracy dangers crop up alike in forming the plot, in carrying it out, and as a result of its having been carried out."' Although by its context this remark refers to conspiracies to commit regicide and the problems these conspiracies pose to the conspirators, this remark well describes practical and legal problems that can result from conspiracies to commit felonies. In Georgia this is particularly true following the June 28, 2010 ruling in State v. Jackson …


Life, Death, And Neuroimaging: The Advantages And Disadvantages Of The Defense's Use Of Neuroimages In Capital Cases -Lessons From The Front, John H. Blume, Emily C. Paavola May 2011

Life, Death, And Neuroimaging: The Advantages And Disadvantages Of The Defense's Use Of Neuroimages In Capital Cases -Lessons From The Front, John H. Blume, Emily C. Paavola

Mercer Law Review

Over the past several decades, commentators and scholars from the medical, legal, and social science fields have produced a massive body of literature on the intersection of law and neuroimaging. Earlier writings focused on explaining various new techniques for developing brain images, exploring how such images might be relevant in legal proceedings, and addressing evidentiary issues posed by the use of such images in court. More recent publications correspond with a vast expansion of research and funding in the area of neuroscience and address a wide variety of topics, such as the use of neuroimaging to detect deception, predict recidivism …


Gideon'S Vuvuzela: Reconciling The Sixth Amendments Promises With The Doctrines Of Forfeiture And Implicit Waiver Of Counsel, Sarah Gerwig-Moore Jan 2011

Gideon'S Vuvuzela: Reconciling The Sixth Amendments Promises With The Doctrines Of Forfeiture And Implicit Waiver Of Counsel, Sarah Gerwig-Moore

Articles

Dating back to the early decades of the twentieth century, the United States Supreme Court has articulated clear, venerable standards for the waiver of constitutional rights--and in particular the right to counsel. This is a rich area for both litigation and teaching, if only to be able to repeat phrases such as "courts indulge every reasonable presumption against waiver" and "we do not presume acquiescence in the loss of fundamental rights." A defendant must proceed with "eyes open," and a waiver will not be presumed from a "silent record." Consistently affirmed and reaffirmed by the United States Supreme Court and …