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Articles 1 - 16 of 16
Full-Text Articles in Law
The Modest Impact Of The Modern Confrontation Clause, Jeffrey Bellin, Diana Bibb
The Modest Impact Of The Modern Confrontation Clause, Jeffrey Bellin, Diana Bibb
Faculty Publications
The Sixth Amendment's Confrontation Clause grants criminal defendants the right "to be confronted with the witnesses against" them. A strict reading of this text would transform the criminal justice landscape by prohibiting the prosecution's use of hearsay at trial. But until recently, the Supreme Court's interpretation of the Clause was closer to the opposite. By tying the confrontation right to traditional hearsay exceptions, the Court's longstanding precedents granted prosecutors broad freedom to use out-of-court statements to convict criminal defendants.
The Supreme Court's 2004 decision in Crawford v. Washington was supposed to change all that. By severing the link between the …
A Comparative Examination Of Police Interrogation Of Criminal Suspects In Australia, Canada, England And Wales, New Zealand, And The United States, Carol A. Brook, Bruno Fiannaca, David Harvey, Paul Marcus, Renee Pomerance, Paul Roberts
A Comparative Examination Of Police Interrogation Of Criminal Suspects In Australia, Canada, England And Wales, New Zealand, And The United States, Carol A. Brook, Bruno Fiannaca, David Harvey, Paul Marcus, Renee Pomerance, Paul Roberts
William & Mary Bill of Rights Journal
The interrogation process is central to the investigation and resolution of criminal matters throughout the world. It is fundamental to a comprehensive understanding of comparative criminal procedure to study and appreciate the different approaches to the interrogation process in different nations. This Article developed through a series of conversations between six international criminal justice professionals— practicing attorneys, scholars, and judges—regarding the interrogation practices and rules in their respective countries. Providing a comparative look at this important area, this Article examines the applicable practices and procedures in the common law nations of Australia, Canada, England and Wales, New Zealand, and the …
The Evidence Rules That Convict The Innocent, Jeffrey Bellin
The Evidence Rules That Convict The Innocent, Jeffrey Bellin
Faculty Publications
Over the past decades, DNA testing has uncovered hundreds of examples of the most important type of trial errors: innocent defendants convicted of serious crimes like rape and murder. The resulting Innocence Movement spurred reforms to police practices, forensic science, and criminal procedure. This Article explores the lessons of the Innocence Movement for American evidence law.
Commentators often overlook the connection between the growing body of research on convictions of the innocent and the evidence rules. Of the commonly identified causes of false convictions, only flawed forensic testimony has received sustained attention as a matter of evidence law. But other …
Reappraising The Legality Of Post-Trial Interviews, Fredric I. Lederer
Reappraising The Legality Of Post-Trial Interviews, Fredric I. Lederer
Fredric I. Lederer
No abstract provided.
Rights Warnings In The Armed Services, Fredric I. Lederer
Rights Warnings In The Armed Services, Fredric I. Lederer
Fredric I. Lederer
No abstract provided.
The Law Of Confessions - The Voluntariness Doctrine, Fredric I. Lederer
The Law Of Confessions - The Voluntariness Doctrine, Fredric I. Lederer
Fredric I. Lederer
No abstract provided.
Grave Crimes And Weak Evidence: Fact-Finding Evolution In International Criminal Law, Nancy Amoury Combs
Grave Crimes And Weak Evidence: Fact-Finding Evolution In International Criminal Law, Nancy Amoury Combs
Nancy Combs
International criminal courts carry out some of the most important work that a legal system can conduct: prosecuting those who have visited death and destruction on millions. Despite the significance of their work--or perhaps because of it--international courts face tremendous challenges. Chief among them is accurate fact-finding. With alarming regularity, international criminal trials feature inconsistent, vague, and sometimes false testimony that renders judges unable to assess with any measure of certainty who did what to whom in the context of a mass atrocity. This Article provides the first-ever empirical study quantifying fact-finding in an international criminal court. The study shines …
Franks V. Delaware: A Proposed Interpretation And Application, Peter A. Alces
Franks V. Delaware: A Proposed Interpretation And Application, Peter A. Alces
Peter A. Alces
No abstract provided.
Grave Crimes And Weak Evidence: Fact-Finding Evolution In International Criminal Law, Nancy Amoury Combs
Grave Crimes And Weak Evidence: Fact-Finding Evolution In International Criminal Law, Nancy Amoury Combs
Faculty Publications
International criminal courts carry out some of the most important work that a legal system can conduct: prosecuting those who have visited death and destruction on millions. Despite the significance of their work--or perhaps because of it--international courts face tremendous challenges. Chief among them is accurate fact-finding. With alarming regularity, international criminal trials feature inconsistent, vague, and sometimes false testimony that renders judges unable to assess with any measure of certainty who did what to whom in the context of a mass atrocity. This Article provides the first-ever empirical study quantifying fact-finding in an international criminal court. The study shines …
The Academy Standards Board For Firearms And Toolmarks, Robert M. Sanger
The Academy Standards Board For Firearms And Toolmarks, Robert M. Sanger
Robert M. Sanger
Good Faith, The Exclusionary Remedy, And Rule-Oriented Adjudication In The Criminal Process, Gerald G. Ashdown
Good Faith, The Exclusionary Remedy, And Rule-Oriented Adjudication In The Criminal Process, Gerald G. Ashdown
William & Mary Law Review
No abstract provided.
A New Era In The Evolution Of Scientific Evidence - A Primer On Evaluating The Weight Of Scientific Evidence, Edward J. Imwinkelried
A New Era In The Evolution Of Scientific Evidence - A Primer On Evaluating The Weight Of Scientific Evidence, Edward J. Imwinkelried
William & Mary Law Review
No abstract provided.
Franks V. Delaware: A Proposed Interpretation And Application, Peter A. Alces
Franks V. Delaware: A Proposed Interpretation And Application, Peter A. Alces
Faculty Publications
No abstract provided.
Reappraising The Legality Of Post-Trial Interviews, Fredric I. Lederer
Reappraising The Legality Of Post-Trial Interviews, Fredric I. Lederer
Faculty Publications
No abstract provided.
The Law Of Confessions - The Voluntariness Doctrine, Fredric I. Lederer
The Law Of Confessions - The Voluntariness Doctrine, Fredric I. Lederer
Faculty Publications
No abstract provided.
Rights Warnings In The Armed Services, Fredric I. Lederer
Rights Warnings In The Armed Services, Fredric I. Lederer
Faculty Publications
No abstract provided.