Law Commons^™

Comparative Research Of The Plea Leniency System Of China, Yuguang Lu

Maurer Theses and Dissertations

This dissertation mainly discusses the Plea Leniency System that was recently legislated in China. Plea Leniency had completed a 2-year tryout stage, and was officially legalized into the Criminal Procedure Law of China in Oct.2018. The application of pleading procedures seems inevitable around the world, and operates differently in each country. As a result, there exist both similarities and differences between Chinese Plea Leniency and American plea bargaining.

This dissertation contains comparative research, empirical research and case research. Chapters I to III will form the first half of my research. This part contains my retrospective research of pleading procedure’s past …

The Right Against Self-Incrimination Under Indian Constitution & The Admissibility Of Custodial Statements Under The Indian Evidence Act, 1872, Khagesh Gautam

Maurer Theses and Dissertations

This work argues that the constitutional validity of section 27 of the Indian Evidence Act, 1872 is highly suspect on the ground that it violates the right against self-incrimination protected by article 20(3) of the Indian Constitution. Section 27 codifies the doctrine of confirmation by subsequent recovery, an old British rule of admission according to which self-incriminatory custodial statements and/or confessions obtained by the police or the investigation agency are admissible into evidence on the ground that contents of such statement have been confirmed by recovery of incriminating physical evidence. Chapter I locates the Indian criminal justice system within the …

Dead Canaries In The Coal Mines: The Symbolic Assailant Revisited, Jeannine Bell

Articles by Maurer Faculty

The well-publicized deaths of several African-Americans—Tamir Rice, Philando Castile, and Alton Sterling among others—at the hands of police stem from tragic interactions predicated upon well-understood practices analyzed by police scholars since the 1950s. The symbolic assailant, a construct created by police scholar Jerome Skolnick in the mid-1960s to identify persons whose behavior and characteristics the police view as threatening, is especially relevant to contemporary policing. This Article explores the societal roots of the creation of a Black symbolic assailant in contemporary American policing.

The construction of African-American men as symbolic assailants is one of the most important factors characterizing police …

Cross-Sectional Challenges: Gender, Race, And Six-Person Juries, Jeannine Bell, Mona Lynch

Articles by Maurer Faculty

After two grand juries failed to indict the police officers that killed Michael Brown and Eric Garner in 2014, our nation has engaged in polarizing discussions about how juries reach their decision. The very legitimacy of our justice system has come into question. Increasingly, deep concerns have been raised concerning the role of race and gender in jury decision-making in such controversial cases. Tracing the roots of juror decision-making is especially complicated when jurors’ race and gender are factored in as considerations. This Article relies on social science research to explore the many cross-sectional challenges involved in the jurors’ decision …

Police Violence And Ferguson: (En)Racing Criminal Procedure, Jeannine Bell

Articles by Maurer Faculty

No abstract provided.

Delay In Process, Denial Of Justice: The Jurisprudence And Empirics Of Speedy Trials In Comparative Perspective, Jayanth K. Krishnan, C. Raj Kumar

Articles by Maurer Faculty

Criminal law scholars regularly maintain that American prisons are overcrowded and that defendants in custody wait long periods of time before having their cases brought to trial. A similar refrain is made of the penal process in India – the world’s largest democracy, an ally of the United States, and a country with a judiciary that has drawn upon American criminal procedure law. In fact, the situation in India is thought to be much worse. Accounts of prisoners languishing behind bars for several years – and sometimes decades – awaiting their day in court are not uncommon. And many Indian …

Revisiting Prosecutorial Disclosure, Alafair S. Burke

Indiana Law Journal

After the exoneration of more than 200 people based on post-conviction DNA evidence, a growing movement against wrongful convictions has called increased attention to the prosecutorial suppression of material exculpatory evidence. Commentators frequently study prosecutorial failures to disclose as a form of intentional misconduct, coloring both the description of the problem and the recommended solutions. This Article, in contrast, explores how even ethical prosecutors might fail to disclose exculpatory evidence because off laws in the Brady doctrine itself-specifically, the Court's limitation of the doctrine to "material" exculpatory evidence. The materiality standard amplifies cognitive biases that distort even an ethical prosecutor's …

Envisioning Post-Conviction Review For The Twenty-First Century, Joseph L. Hoffmann, Nancy J. King

Articles by Maurer Faculty

No abstract provided.

The Reasonable Policeman: Police Intent In Criminal Procedure, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.

Concluding Remarks, Joseph L. Hoffmann

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.

Reconcilable Differences: The Supreme Court Should Allow The Marriage Of Brady And Plea Bargaining, Andrew P. O'Brien

Indiana Law Journal

No abstract provided.

The Middle Class Fourth Amendment, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.

"Be Careful What You Ask For": The 2000 Presidential Election, The U.S. Supreme Court, And The Law Of Criminal Procedure, Craig M. Bradley, Joseph L. Hoffmann

Indiana Law Journal

No abstract provided.

Co-Opting Compassion: The Federal Victim's Rights Amendment, Lynne N. Henderson

Articles by Maurer Faculty

No abstract provided.

The Failure Of The Criminal Procedure Revolution: A Response, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.

Book Review. The Convergence Of The Continental And The Common Law Model Of Criminal Procedure, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.

A Theory Of Compulsory Process Clause Discovery Rights, Jean Montoya

Indiana Law Journal

No abstract provided.

Reforming The Criminal Trial, Craig M. Bradley

Indiana Law Journal

No abstract provided.

The Emerging International Consensus As To Criminal Procedure Rules, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.

Starting From Scratch: Rethinking Federal Habeas Review Of Death Penalty Cases, Joseph L. Hoffmann

Articles by Maurer Faculty

No abstract provided.

Criminal Procedure In The "Land Of Oz": Lessons For America, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.

Retroactivity And The Great Writ: How Congress Should Respond To Teague V. Lane, Joseph L. Hoffmann

Articles by Maurer Faculty

No abstract provided.

Enforcing The Rules Of Criminal Procedure: An American Perspective, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.

The Testimonial Component Of The Right Against Self-Incrimination, Charles G. Geyh

Articles by Maurer Faculty

No abstract provided.

The Wrongs Of Victim's Rights, Lynne N. Henderson

Articles by Maurer Faculty

No abstract provided.

Book Review. The Judicial Process: An Introductory Analysis Of The Courts Of The United States, England, And France By Henry J. Abraham, Bryant G. Garth

Articles by Maurer Faculty

No abstract provided.

Criminal Trials In Absentia: A Proposed Reform For Indiana, Myra L. Willis

Indiana Law Journal

No abstract provided.

Transfer Between Courts Under The Indiana Juvenile Code, Robert Batey

Indiana Law Journal

The National Debate and State Level Response: The New Indiana Juvenile Code, Symposium

Theory And Reform Of Criminal Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Potentiality Of Incarceration: A Proposed Standard For The Applicability Of Miranda To Nonfelony Offenses, Mark J. Roberts

Indiana Law Journal

No abstract provided.