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Articles 1 - 3 of 3
Full-Text Articles in Law
Reflections On Client Perjury, Bennett L. Gershman
Reflections On Client Perjury, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
Most experienced prosecutors, judges, and defense attorneys would probably agree that perjury in the criminal justice system occurs often. Although the frequency of perjury has never empirically been demonstrated, it is not surprising that with so much at stake, prosecution and defense witnesses would be tempted to fabricate testimony to meet the exigencies of the case. Detecting and dealing with perjurious testimony, however, is another matter. Implicated are complex legal and ethical problems for both prosecutors and defense attorneys. The judiciary's response to these problems, moreover, has largely been formalistic, without enunciating sufficiently clear standards to guide future behavior.
Lying On The Stand Won't Cost You A Dime:Should Courts Recognize A Civil Action Intort For Perjury?
Lying On The Stand Won't Cost You A Dime:Should Courts Recognize A Civil Action Intort For Perjury?
Washington and Lee Law Review
No abstract provided.
Section 1983: Absolute Immunity For Pretrial Police Testimony, Jack Kaufman
Section 1983: Absolute Immunity For Pretrial Police Testimony, Jack Kaufman
Fordham Urban Law Journal
This Note discusses the development of the Supreme Court's approach to section 1983 immunity for trial witnesses. Central to this discussion is an overview of the history of common-law immunities for government officials, the history and purpose of section 1983, and the history of the Supreme Court's section 1983 immunity decisions. The author discusses the current disagreement in the circuits over extending section 1983 immunity to pretrial police testimony. The author also analyzes various possible answers to the question of whether to extend witness immunity under section 1983 to specific pretrial proceedings by applying the current Supreme Court "functional categories" …