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Articles 1 - 4 of 4
Full-Text Articles in Law
Sharpening The Tools Of An Adequate Defense: Providing For The Appointment Of Experts For Indigent Defendants In Child Death Cases Under Ake V. Oklahoma, Laurel Gilbert
San Diego Law Review
This Comment proposes that because of ongoing concerns regarding the reliability and validity of forensic science in the United States, the Due Process Clause constitutionally mandates the appointment of forensic experts for indigent defendants in criminal cases arising out of a child’s death if the prosecution relies on forensic evidence. Part II of this Comment provides an overview of the current law governing the admissibility of forensic expert testimony in criminal cases and explains why these admissibility standards create a need for the appointment of defense forensic experts to protect the rights of criminal defendants. Part III then discusses Due …
Reinforcing The Hague Convention On Taking Evidence Abroad After Blocking Statutes, Data Privacy Directives, And Aerospatiale, Brian Friederich
Reinforcing The Hague Convention On Taking Evidence Abroad After Blocking Statutes, Data Privacy Directives, And Aerospatiale, Brian Friederich
San Diego International Law Journal
There has always been tension between European countries and the United States on the topic of evidence gathering. Much of that tension stems from the inherent differences between common and civil policies and methods. Until the Hague Convention, the process for obtaining evidence abroad was cumbersome and unreliable. The Hague Convention sought to change that by providing signatory countries more effective methods of cooperating with each other in international litigation. However, the Hague Convention has not been able to achieve its purpose, at least not in the United States. U.S. courts have interpreted the Hague Convention as optional, meaning it …
Securing A Journalist's Testimonial Privilege In The International Criminal Court, Anastasia Heeger
Securing A Journalist's Testimonial Privilege In The International Criminal Court, Anastasia Heeger
San Diego International Law Journal
This Article argues that given the unique and significant contribution of journalists to uncovering and documenting war crimes, the ICC should amend its evidentiary rules to recognize a qualified journalist's privilege. In doing so, the ICC should clearly identify who may benefit from such a privilege, clarify a procedure for balancing the need of reportorial testimony against prosecution and defense interests, and, lastly provide for mandatory consultations between the court and affected news organizations or journalists before allowing the issuance of a subpoena. Such clarity will benefit not only journalists working in war zones and the ICC, but will provide …
Prior Inconsistent Statements As An Exception To The Hearsay Rule: An Analysis Of People V. Johnson, Kenneth Gleason
Prior Inconsistent Statements As An Exception To The Hearsay Rule: An Analysis Of People V. Johnson, Kenneth Gleason
San Diego Law Review
In February 1964, Edwin Johnson was indicted by the Yolo County Grand Jury for the crime of incest. The twofold basis of the indictment lay in the testimony of his 15-year-old daughter, Elaine, who stated that he had engaged in an act of sexual intercourse with her on January 11, 1964; and in the testimony of his wife, Eleanor, who claimed that she had observed occasions of sex play between her husband and daughter. At trial in January 1967, however, both witnesses denied that defendant had engaged in any illicit sexual relations with Elaine. To negate these denials, the prosecution, …