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Full-Text Articles in Law
Evidence: Introduction, Paul F. Rothstein
Evidence: Introduction, Paul F. Rothstein
Georgetown Law Faculty Publications and Other Works
The United States Supreme Court's evidentiary ruling during 1971-72 manifested a hardening attitude toward criminal defendants. For example, police stop-and-frisk authority was broadened (and with it the use of evidence obtained therefrom); the scope of the immunity from criminal prosecution required to be granted by a governmental body before self-incriminatory statements can be compelled from a witness was narrowed; the right to have counsel at line-ups was limited to post-indictment or post-charge line-ups (with a consequent broadening of the use of counselless identification evidence); the preliminary burden of proof on the government to initially prove the voluntariness of confessions was …
The Second Circuit Review: Ix. Evidence: Introduction, Paul F. Rothstein
The Second Circuit Review: Ix. Evidence: Introduction, Paul F. Rothstein
Georgetown Law Faculty Publications and Other Works
The past year's developments in the law of evidence have been characterized by a hardening attitude toward criminal defendants. The United States Supreme Court's evidentiary rulings during the term covered by the Second Circuit Review (1971-72) manifested this trend (although not uniformly). For example, police stop-and-frisk authority was broadened (and with it the use of evidence obtained therefrom); the scope of the immunity from criminal prosecution required to be granted by a governmental body before self-incriminatory statements can be compelled from a witness was narrowed; the right to have counsel at line-ups was limited to postindictment or post-charge line-ups (with …
The Proposed Amendments To The Federal Rules Of Evidence, Paul F. Rothstein
The Proposed Amendments To The Federal Rules Of Evidence, Paul F. Rothstein
Georgetown Law Faculty Publications and Other Works
The Supreme Court has approved a uniform code of evidence for all federal courts. Amendments to the Supreme Court's rules are now pending in the House of Representatives. From the point of view of a specialist in the law of evidence, Professor Rothstein analyzes the differences between the Supreme Court's proposals and the House amendments and suggests solutions to these conflicts.
The Judiciary And Education Reform: A Reassessment, Judith C. Areen
The Judiciary And Education Reform: A Reassessment, Judith C. Areen
Georgetown Law Faculty Publications and Other Works
Professor Areen examines the judicial attempt to provide equal educational opportunity, and questions the basic premises upon which judicial intervention is based. The author concludes that judicial efforts to equalize educational opportunity have been misdirected. The goals sought to be attained by judicial intervention must be reconsidered before an effective education can be provided for all.