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Articles 1 - 3 of 3
Full-Text Articles in Law
A Case For Jury Determination Of Search And Seizure Law, Ronald J. Bacigal
A Case For Jury Determination Of Search And Seizure Law, Ronald J. Bacigal
Law Faculty Publications
In a criminal case the option to return a general verdict of acquittal invests the jury with the raw power to nullify many legal determinations, including the trial judge's ruling that a search is constitutional. While courts grudingly acknowledge the existence of an extra-legal jury nullification power, courts do not recognize any jury prerogative to determine the lawfulness of a search. The United States Supreme Court's discussion of the jury's role in interpreting and applying the fourth amendment consists of one terse statement that the legality of a search "is a question of fact and law for the court and …
Discovery Of Penalties, W. Hamilton Bryson
Discovery Of Penalties, W. Hamilton Bryson
University of Richmond Law Review
It is a well-established and fundamental principle of justice that no one may be compelled to subject himself to punishments nor to give evidence leading to that result. Nemo tenetur prodere seipsum is an ancient maxim. It was written directly into the Virginia Declaration of Rights in 1776, which states that in all "criminal prosecutions" no one can "be compelled to give evidence against himself." This idea was also incorporated into the United States Constitution in 1791 through the fifth amendment.
Discovery And The Privacy Act: Exemption (B)(11) To The Conditions Of Disclosure: What Qualifies As An "Order Of The Court"?, John W. Williams
Discovery And The Privacy Act: Exemption (B)(11) To The Conditions Of Disclosure: What Qualifies As An "Order Of The Court"?, John W. Williams
University of Richmond Law Review
On December 31, 1974, President Gerald Ford signed the landmark Privacy Act of 1974 into law. One of the key concepts of the Act is the principle of disclosure limitation, which limits the ability of the federal government to disclose the contents of per- sonal records in its possession. In the words of the Senate Governmental Operations Committee, this principle "is designed to pre- vent.., the wrongful disclosure and use of personal files held by Federal agencies."