Law Commons^™

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.

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 …

The Judicial Performance Of Robert H. Bork In Administrative And Regulatory Law, Richard B. Stewart

Cardozo Law Review

No abstract provided.

Judge Robert H. Bork's Decisions In Which He Wrote No Opinion: An Analysis Of The Regulatory And Benefit Cases, Robert A. Anthony

Cardozo Law Review

No abstract provided.

Michigan V. Long: The Inadequacies Of Independent And Adequate State Grounds, Patricia Fahlbusch, Daniel Gonzalez

University of Miami Law Review

No abstract provided.

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 …

The Matsushita Case: Tightened Concepts Of Conspiracy And Predation, Randolph Sherman

Cardozo Law Review

No abstract provided.

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).

The Tax Reform Act Of 1986: A Response To Professor Yorio And His Vision Of The Future Of The Internal Revenue Code, Edward A. Zelinsky

Articles

No abstract provided.

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.

Criminal Procedure In The Rehnquist Court: Has The Rehnquisition Begun?, Craig M. Bradley

Indiana Law Journal

No abstract provided.

Criminal Procedure—Peremptory Challenges In Felony Prosecutions, Pamela J. Bryan

University of Arkansas at Little Rock Law Review

No abstract provided.

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.

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.

As Time Goes By: Pretrial Incarceration Under The Bail Reform Act Of 1984 And The Speedy Trial Act Of 1974, Allen D. Applbaum

Cardozo Law Review

No abstract provided.

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

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 …

Preventive Detention, Curfews, Demolition Of Houses, And Deportations: An Analysis Of Measures Employed By Israel In The Administered Territories, Cheryl V. Reicin

Cardozo Law Review

No abstract provided.

Pleading The Fifth: Record Custodians And The Act-Of-Production Doctrine, Amy Schlesinger Rich

Cardozo Law Review

No abstract provided.

State Constitutions, Freedom Of Expression, And Search And Seizure: Prospects For State Court Reincarnation, Sue Davis, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.

The Scope Of Criminal Restitution: Awarding Unliquidated Damages In Sentencing Hearings, Bradford Mank

Faculty Articles and Other Publications

During the past several years a variety of victim groups have forced the criminal justice system to pay more attention to the restitution needs of victims! Criminal courts, however, are still limited in the types of restitution they may award. Typically, sentencing judges can award restitution for the whole range of liquidated damages including the value of stolen or destroyed property, medical expenses, and lost past wages. In most jurisdictions, however, criminal courts cannot award restitution for unliquidated damages involving compensation for pain and suffering, or for lost future earning capacity. Crime victims must initiate a civil suit at their …

Do The United States Sentencing Guidelines Deprive Defendants Of Due Process?, Bradford Mank

Faculty Articles and Other Publications

It is difficult to determine whether due process requires individualized sentencing because sentencing goals and practices have varied greatly during the course of this nation's history. A court applying Judge Bork's original intent doctrine of constitutional interpretation would probably reach a result different from that reached by a court employing a more liberal view of due process protections.1o It is likely that liberals and conservatives on the current Supreme Court would disagree on whether the Guidelines violate due process.

This article argues that the Guidelines can be saved and can satisfy due process requirements if the Supreme Court interprets the …

Colorado V. Connelly: The Gratuitous Union Of Voluntariness And State Coercion, 21 J. Marshall L. Rev. 199 (1987), James P. Byrne Jr.

UIC Law Review

No abstract provided.

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.

Police Encouragement And The Fourth Amendment, 20 J. Marshall L. Rev. 661 (1987), Barry D. Green

UIC Law Review

No abstract provided.

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.

Reforming West Virginia's Jury Selection Process: West Virginia Jury Selection And Service Legislation Of 1986, Keith A. George

West Virginia Law Review

No abstract provided.

Criminal Procedure, Susan K. Brown

West Virginia Law Review

No abstract provided.

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.

What Makes Rape A Crime?, Lynne Henderson

Scholarly Works

No abstract provided.