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Lilly V. Virginia: Silencing The "Firmly Rooted" Hearsay Exception With Regard To An Accomplice's Testimony And Its Rejuvenation Of The Confrontation Clause, Leslie Morsek
Akron Law Review
This Note examines the impact on the confrontation clause of introducing an accomplice's custodial statements which inculpate a defendant. Part II delves into the background of this issue by examining the confrontation clause's origin, the significance of hearsay with respect to the confrontation clause, and important cases in this area. Part III provides a statement of the facts, the procedural history, and the United States Supreme Court's decision in Lilly. Finally, Part IV analyzes the Lilly decision and its rejuvenation of the confrontation clause.
"His Brain Has Been Mismanaged With Great Skill": How Will Jurors Respond To Neuromimaging Testimony In Insanity Defense Cases?, Michael L. Perlin
"His Brain Has Been Mismanaged With Great Skill": How Will Jurors Respond To Neuromimaging Testimony In Insanity Defense Cases?, Michael L. Perlin
Akron Law Review
A review of the literature on neuroimaging, predictably, reveals a broad array of positions, promises and prophecies. Carter Snead argues that the ambition of cognitive neuroscientists is “to use the claims of their discipline and the new powers conferred by neuroimaging to overthrow retributive justice as a legitimate justification for criminal sanctions.” In this paper, I do not take sides on this debate. Rather, I discuss a related, but distinctly separate issue: which of these positions will jurors think is right, especially in the context of deciding insanity defense cases. The primary and robust debate that has taken place so …