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Full-Text Articles in Law
Bouncing "Checkbook Journalism": A Balance Between The First And Sixth Amendments In High-Profile Criminal Cases, James R. Cady
Bouncing "Checkbook Journalism": A Balance Between The First And Sixth Amendments In High-Profile Criminal Cases, James R. Cady
William & Mary Bill of Rights Journal
Legislation recently enacted in California attempts to preserve further the right of the accused to a fair trial and the integrity of judicial proceedings by allowing criminal prosecution of jurors and witnesses who would enter agreements for or accept payment, benefit, or other consideration in exchange for information pertaining to criminal trials. This note analyzes the constitutionality of this legislation through an evaluation and a balancing of the rights and interests of the accused, the jurors, the witnesses, the press, and the public implicated in criminal trials. Despite supporting compelling governmental interests, certain portions of the statutes are too broad, …
Prior Statements Of A Witness: A Nettlesome Corner Of The Hearsay Thicket, Richard D. Friedman
Prior Statements Of A Witness: A Nettlesome Corner Of The Hearsay Thicket, Richard D. Friedman
Articles
In Tome v United States, for the fifth time in eight years, the Supreme Court decided a case presenting the problem of how a child's allegations of sexual abuse should be presented in court. Often the child who charges that an adult abused her is unable to testify at trial, or at least unable to testify effectively under standard procedures. These cases therefore raise intriguing and difficult questions related to the rule against hearsay and to an accused's right under the Sixth Amendment to confront the witnesses against him. One would hardly guess that, however, from the rather arid debate …