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Full-Text Articles in Law
Experience-Based Opinion Testimony: Strengthening The Law Opinion Rule, Anne Poulin
Experience-Based Opinion Testimony: Strengthening The Law Opinion Rule, Anne Poulin
Anne Poulin
No abstract provided.
Convictions Based On Lies: Defining Due Process Protection, Anne Poulin
Convictions Based On Lies: Defining Due Process Protection, Anne Poulin
Anne Poulin
The corrupting impact of false testimony on the justice system is profound and corrosive. The Supreme Court has long-since held that the due process clause protects against convictions based on testimony that the prosecutor knew or should have known was false. Despite this precedent, courts have undermined that constitutional protection by imposing demanding requirements of prosecution knowledge, narrowing the definition of false testimony, and holding defendants to an inappropriate standard of materiality. As a result, the law does not provide adequate protection from conviction based on lies. Courts must reinvigorate this area of the law. To provide appropriate protection, the …
Conflicts Of Interest In Criminal Cases: Should The Prosecution Have A Duty To Disclose?, Anne Poulin
Conflicts Of Interest In Criminal Cases: Should The Prosecution Have A Duty To Disclose?, Anne Poulin
Anne Poulin
No abstract provided.
Double Jeopardy And Multiple Punishment: Cutting The Gordian Knot, Anne Poulin
Double Jeopardy And Multiple Punishment: Cutting The Gordian Knot, Anne Poulin
Anne Poulin
Courts and commentators treat as axiomatic that the Double Jeopardy Clause protects against multiple punishment as well as reprosecution after acquittal and reprosecution after conviction. They struggle to define a double jeopardy jurisprudence that accommodates all three. By applying the same rules to both multiple punishment and successive prosecution, they undermine core double jeopardy protection. When a defendant claims multiple punishment, legislative will governs, and fragmentation of offenses is acceptable. Successive prosecution claims warrant greater protection. However, because courts apply the same rules to both issues, they inject legislative deference into successive prosecution analysis, reducing double jeopardy protection. Instead, protection …
Criminal Justice And Videoconferencing Technology: The Remote Defendant, Anne Poulin
Criminal Justice And Videoconferencing Technology: The Remote Defendant, Anne Poulin
Anne Poulin
This Article addresses the increasing use of videoconferencing to avoid bringing criminal defendants to court for certain proceedings. Unfortunately, courts use videoconferencing technology to bring criminal defendants to court without carefully evaluating the impact of that practice on the quality of justice. This Article evaluates the implications of using technology to have defendants appear through videoconferencing and argues against the practice. It brings to bear the literature from other fields, particularly communications and social psychology. That body of literature suggests that videoconferencing may have a negative impact on the way the defendant is perceived by those in court as well …
The Psychotherapist-Patient Privilege After Jaffee V. Redmond: Where Do We Go From Here?, Anne Poulin
The Psychotherapist-Patient Privilege After Jaffee V. Redmond: Where Do We Go From Here?, Anne Poulin
Anne Poulin
No abstract provided.
Prosecutorial Discretion And Selective Prosecution: Enforcing Protection After United States V. Armstrong, Anne Poulin
Prosecutorial Discretion And Selective Prosecution: Enforcing Protection After United States V. Armstrong, Anne Poulin
Anne Poulin
No abstract provided.
Female Delinquents: Defining Their Place In The Justice System, Anne Poulin
Female Delinquents: Defining Their Place In The Justice System, Anne Poulin
Anne Poulin
No abstract provided.
The Jury: The Criminal Justice System's Different Voice, Anne Poulin
The Jury: The Criminal Justice System's Different Voice, Anne Poulin
Anne Poulin
No abstract provided.
The Limits Of Double Jeopardy: A Course Into The Dark?, Anne Poulin
The Limits Of Double Jeopardy: A Course Into The Dark?, Anne Poulin
Anne Poulin
No abstract provided.
Double Jeopardy: Grady And Dowling Stir The Muddy Waters, Anne Poulin
Double Jeopardy: Grady And Dowling Stir The Muddy Waters, Anne Poulin
Anne Poulin
No abstract provided.
Supervision Of The Grand Jury: Who Watches The Guardian, Anne Poulin
Supervision Of The Grand Jury: Who Watches The Guardian, Anne Poulin
Anne Poulin
No abstract provided.
Evidentiary Use Of Silence And The Constitutional Privilege Against Self-Incrimination, Anne Poulin
Evidentiary Use Of Silence And The Constitutional Privilege Against Self-Incrimination, Anne Poulin
Anne Poulin
No abstract provided.