Law Commons^™

Search For Truth Or Reality Show?, Peter Keane

Publications

No abstract provided.

Advising The Pro Se Defendant: The Trial Court's Duties Under Faretta, Myron Moskovitz

Publications

In Faretta v. California, the United States Supreme Court held that a defendant in a criminal trial has a constitutional right to represent himself-to act "pro se." "The Sixth Amendment does not provide merely that a defense shall be made for the accused; it grants to the accused personally the right to make his defense.

If a defendant chooses to represent himself, what, if anything, must the trial court do to assist him? Must the trial court advise him of his right to exercise peremptory challenges? To make evidentiary objections? To cross-examine prosecution witnesses? To subpoena his own witnesses? To …

The Battle To Establish An Adversarial Trial System In Italy, William T. Pizzi, Mariangela Montagna

Publications

No abstract provided.

Righting Victim Wrongs: Responding To Philosophical Criticisms Of The Nonspecific Victim Liability Defense, Aya Gruber

Publications

Modern criminal law is intensely one-sided in its treatment of victims and defendants. Crime victims and criminal defendants do not enter the trial process on an equal moral footing. Rather, from the beginning victims are assumed blameless, truthful, and even beyond doubt, while defendants are guilty, not worthy of credence, and immoral. This one-sided view of victims, however, is a fiction. As any other people, victims differ in their characterizations. Some are indeed trustworthy, truthful, blameless and ultimately innocent. Others, however, are bad actors themselves, have memory failures, falsely identify, provoke, and even lie. Some victims are in fact, and …