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Full-Text Articles in Law
Controlling The Contemporary Loanshark: The Law Of Illicit Lending And The Problem Of Witness Fear, Ronald Goldstock, Dan T. Coenen
Controlling The Contemporary Loanshark: The Law Of Illicit Lending And The Problem Of Witness Fear, Ronald Goldstock, Dan T. Coenen
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This Article discusses the origins of, practices typifying, and laws directed at contemporary loansharking. Loansharks prosper by exploiting their victims' fears, and in case after case this same fear threatens to silence key government witnesses. The result is problems for the prosecutor, who must attempt to protect his witnesses and develop alternative methods of proof. The Article explores prosecutorial difficulties caused by witness fear and identifies options the prosecutor may use in attempting to neutralize the problem.
Material Witness And Material Injustice, Ronald L. Carlson, Mark S. Voelpel
Material Witness And Material Injustice, Ronald L. Carlson, Mark S. Voelpel
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No serious student of the adversary system can ignore the grave threat to the integrity of the American witness process posed by this nation’s material witness statutes. These outmoded laws, some dating back to the territorial period of a state’s history, are not invoked in every case, perhaps not even routinely, but when dusted off and put into operation, these archaic statutes result in innocent citizens spending weeks – even months – in custody. To remedy such injustices the authors, after examining cases decided and legislation adopted during the last ten years, will propose a model material witness law that …