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Full-Text Articles in Law
County Court Of Ulster County V. Allen And Sandstorm V. Montana: The Supreme Court Lends An Ear But Turns Its Face, John M. Schmolesky
County Court Of Ulster County V. Allen And Sandstorm V. Montana: The Supreme Court Lends An Ear But Turns Its Face, John M. Schmolesky
Faculty Articles
Because criminal verdicts provide no clue as to how the jury reached its decision, jury instructions are crucial indicators of how a deductive device operates. Deductive devices are mechanisms that allow or require the fact-finder to assume the existence of a fact when proof of other facts are shown. Any deductive device, whether permissive or mandatory, has pernicious possibilities that imperil the rationality of fact-finding. The controlling method of review for deductive devices in criminal cases simply require a rational connection between the basic fact and the presumed fact. However, the Supreme Court in Allen broke new ground in exempting …
Faces Without Features: The Surface Validity Of Criminal Inferences, Peter Lushing
Faces Without Features: The Surface Validity Of Criminal Inferences, Peter Lushing
Faculty Articles
This article will offer nonempirical grounds to show that instructed inferences operate as the dissenters believe, at least when the instruction does not explicitly refer to the evidence at trial, but to occurrences in general.