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Articles 1 - 9 of 9
Full-Text Articles in Law
Law Library Blog (October 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (October 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Some Thoughts On The Evidentiary Aspects Of Technologically Produced Or Presented Evidence, Fredric I. Lederer
Some Thoughts On The Evidentiary Aspects Of Technologically Produced Or Presented Evidence, Fredric I. Lederer
Fredric I. Lederer
No abstract provided.
Courtroom Technology: For Trial Lawyers The Future Is Now, Fredric I. Lederer
Courtroom Technology: For Trial Lawyers The Future Is Now, Fredric I. Lederer
Fredric I. Lederer
No abstract provided.
Ehearsay, Jeffrey Bellin
Justice Begins Before Trial: How To Nudge Inaccurate Pretrial Rulings Using Behavioral Law And Economic Theory And Uniform Commercial Laws, Michael Gentithes
Justice Begins Before Trial: How To Nudge Inaccurate Pretrial Rulings Using Behavioral Law And Economic Theory And Uniform Commercial Laws, Michael Gentithes
William & Mary Law Review
Injustice in criminal cases often takes root before trial begins. Overworked criminal judges must resolve difficult pretrial evidentiary issues that determine the charges the State will take to trial and the range of sentences the defendant will face. Wrong decisions on these issues often lead to wrongful convictions. As behavioral law and economic theory suggests, judges who are cognitively busy and receive little feedback on these topics from appellate courts rely upon intuition, rather than deliberative reasoning, to resolve these questions. This leads to inconsistent rulings, which prosecutors exploit to expand the scope of evidentiary exceptions that almost always disfavor …
From Standardization To Formality: Unintended Consequences Of Police Standardization Reform Of Law Enforcement In China, Lianhan Zhang
From Standardization To Formality: Unintended Consequences Of Police Standardization Reform Of Law Enforcement In China, Lianhan Zhang
Maurer Theses and Dissertations
According to social construction theory, cases are not objective entities waiting to be discovered or revealed; they cannot exist without case-makers. Construction of a case is a subjective process of choosing, increasing, decreasing, selecting, and reshaping. Therefore, a natural gap exists between the constructed and the real world. This dissertation delves into the gap, not from the existing angle of selectiveness, but from the angle of compliance. The study uses empirical data to try to answer the following question: Since the police standardization reform of law enforcement—at least parts of them—aim at controlling the evidence-collecting process and at improving the …
Law Library Blog (April 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (April 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Between Brady Discretion And Brady Misconduct, Bennett L. Gershman
Between Brady Discretion And Brady Misconduct, Bennett L. Gershman
Dickinson Law Review (2017-Present)
The Supreme Court’s decision in Brady v. Maryland presented prosecutors with new professional challenges. In Brady, the Supreme Court held that the prosecution must provide the defense with any evidence in its possession that could be exculpatory. If the prosecution fails to timely turn over evidence that materially undermines the defendant’s guilt, a reviewing court must grant the defendant a new trial. While determining whether evidence materially undermines a defendant’s guilt may seem like a simple assessment, the real-life application of such a determination can be complicated. The prosecution’s disclosure determination can be complicated under the Brady paradigm because …
Uncovering Juror Racial Bias, Christian Sundquist
Uncovering Juror Racial Bias, Christian Sundquist
Articles
The presence of bias in the courtroom has the potential to undermine public faith in the adversarial process, distort trial outcomes, and obfuscate the search for justice. In Pena-Rodriguez v. Colorado (2017), the U.S. Supreme Court held for the first time that the Sixth and Fourteenth Amendments required post-verdict judicial inquiry in criminal cases where racial bias clearly served as a “significant motivating factor” in juror decision-making. Courts will nonetheless likely struggle in interpreting what constitutes a "clear statement of racial bias" and whether such bias constituted a "significant motivating factor" in a juror's verdict. This Article will examine how …