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Full-Text Articles in Law
Taking The Fifth: How The Tenth Circuit Determined The Right Against Self-Incrimination Is "More Than A Trial Right" In Vogt V. City Of Hays, Daniel J. De Cecco
Taking The Fifth: How The Tenth Circuit Determined The Right Against Self-Incrimination Is "More Than A Trial Right" In Vogt V. City Of Hays, Daniel J. De Cecco
Pepperdine Law Review
In Vogt v. City of Hays, the United States Court of Appeals for the Tenth Circuit ruled that the Fifth Amendment right against self-incrimination is more than a trial right and applies to the use of compelled statements in probable cause hearings as well as in criminal trials. While the Self-Incrimination Clause states that the right applies “in a criminal case,” there is a circuit split regarding the definition of a “criminal case.” The Tenth Circuit joined the Second, Seventh, and Ninth Circuits in finding that the right against self-incrimination applies to more than a trial, relying on the common …
The Admissibility Of Confessions Compelled By Foreign Coercion: A Compelling Question Of Values In An Era Of Increasing International Criminal Cooperation, Geoffrey S. Corn, Kevin Cieply
The Admissibility Of Confessions Compelled By Foreign Coercion: A Compelling Question Of Values In An Era Of Increasing International Criminal Cooperation, Geoffrey S. Corn, Kevin Cieply
Pepperdine Law Review
This Article proceeds on a simple and clear premise: a confession extracted by torture or cruel, inhuman, or degrading treatment should never be admitted into evidence in a U.S. criminal trial. Whether accomplished through extending the Due Process or Self-Incrimination based exclusionary rules to foreign official coercion, or by legislative action, such exclusion is necessary to align evidentiary practice regarding confessions procured by foreign agents with our nation's fundamental values as reflected in the Fifth Amendment and our ratification of the CAT. This outcome is not incompatible with Connelly. Rather, this Article explores the limits of the Court's language in …
The Right Of The Prosecutor To Advance Notice Of The Defendant's Alibi Defense , Thomas J. Hickey
The Right Of The Prosecutor To Advance Notice Of The Defendant's Alibi Defense , Thomas J. Hickey
Pepperdine Law Review
No abstract provided.
Discovery By The Prosecution In Criminal Cases: Prudhomme Reconsidered , Jon R. Rolefson
Discovery By The Prosecution In Criminal Cases: Prudhomme Reconsidered , Jon R. Rolefson
Pepperdine Law Review
No abstract provided.
Tax Frauds And The Government's Right Of Access To Taxpayer's Books And Records , Ronald K. Van Wert
Tax Frauds And The Government's Right Of Access To Taxpayer's Books And Records , Ronald K. Van Wert
Pepperdine Law Review
No abstract provided.
Two Notes On Evidence: Privileges And Hearsay, J. W. Deese
Two Notes On Evidence: Privileges And Hearsay, J. W. Deese
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
What Standard Should Be Used To Determine A Valid Juvenile Waiver?, Martin Levy, Stephen Skacevic
What Standard Should Be Used To Determine A Valid Juvenile Waiver?, Martin Levy, Stephen Skacevic
Pepperdine Law Review
No abstract provided.
Davis V. United States: "Maybe I Should Talk To A Lawyer" Means Maybe Miranda Is Unraveling, Tom Chen
Davis V. United States: "Maybe I Should Talk To A Lawyer" Means Maybe Miranda Is Unraveling, Tom Chen
Pepperdine Law Review
No abstract provided.
Brogan V. United States “No” Means “No Defense”: Brogan's Elimination Of The “Exculpatory No” Doctrine, Karen Chapman
Brogan V. United States “No” Means “No Defense”: Brogan's Elimination Of The “Exculpatory No” Doctrine, Karen Chapman
Pepperdine Law Review
No abstract provided.
The Fifth Amendment Right Against Self-Incrimination: An In-Depth Look At Mckune V. Lile, Heidi Feldman
The Fifth Amendment Right Against Self-Incrimination: An In-Depth Look At Mckune V. Lile, Heidi Feldman
Pepperdine Law Review
No abstract provided.
You Have The Right To Remain Silent. Now Please Repeat Your Confession: Missouri V. Seibert And The Court's Attempt To Put An End To The Question-First Technique, Eric English
Pepperdine Law Review
No abstract provided.
"What Hath Hiibel Wrought?": The Constitutionality Of Compelled Self-Identification, Robert A. Hull
"What Hath Hiibel Wrought?": The Constitutionality Of Compelled Self-Identification, Robert A. Hull
Pepperdine Law Review
No abstract provided.
International Travel With A "Digital Briefcase": If Customs Officials Can Search A Laptop, Will The Right Against Self-Incrimination Contravene This Authority?, Ashley H. Verdon
International Travel With A "Digital Briefcase": If Customs Officials Can Search A Laptop, Will The Right Against Self-Incrimination Contravene This Authority?, Ashley H. Verdon
Pepperdine Law Review
No abstract provided.