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Articles 1 - 16 of 16
Full-Text Articles in Law
The Right To Silence Helps The Innocent: A Response To Critics, Alex Stein
The Right To Silence Helps The Innocent: A Response To Critics, Alex Stein
Faculty Scholarship
No abstract provided.
Eyewitness Identification Reform In Massachusetts, Stanley Z. Fisher
Eyewitness Identification Reform In Massachusetts, Stanley Z. Fisher
Faculty Scholarship
This article traces the impact of the new scientific learning upon police eyewitness identification procedures in the Commonwealth of Massachusetts. Over the past 25 years, experimental psychologists have devised more reliable techniques for gathering eyewitness identification evidence than have been traditionally used by police. Massachusetts has over 350 autonomous municipal police departments, plus approximately 39 college campus police departments, the state police, and the MBTA (transit) Police Department. The decision how to investigate crime rests principally with the police chief responsible for each department. How does such a system of policing absorb new, scientifically superior methods of investigation?
Softening The Formality And Formalism Of The “Testimonial” Statement Concept, Robert P. Mosteller
Softening The Formality And Formalism Of The “Testimonial” Statement Concept, Robert P. Mosteller
Faculty Scholarship
In Crawford v. Washington (2004), the United States Supreme Court ruled that “testimonial” statements are the core, perhaps exclusive, concern of the Confrontation Clause. The Court began a process of defining the testimonial-statement concept but did not develop a comprehensive definition. In Crawford, the Court concluded that a statement was testimonial, which was tape recorded and obtained from a criminal suspect who was in police custody, had been given warnings under Miranda v. Arizona (1966), and was being interrogated by known governmental agents using what the Court termed “structured” questioning. One of the definitions the Court explicitly presented as a …
Cross Dressing And The Criminal, Bennett Capers
Cross Dressing And The Criminal, Bennett Capers
Faculty Scholarship
No abstract provided.
Signature Identification In The Light Of Science And Experience, Roger C. Park
Signature Identification In The Light Of Science And Experience, Roger C. Park
Faculty Scholarship
No abstract provided.
Fixing The Fatal Flaws In Oui Implied Consent Laws, Tina Wescott Cafaro
Fixing The Fatal Flaws In Oui Implied Consent Laws, Tina Wescott Cafaro
Faculty Scholarship
This Article explores the use of implied consent laws as a method of deterring and punishing alcohol-impaired driving. Part I introduces the history and purpose of implied consent laws. Part II discusses the inadequacies of current statutory implied consent provisions and their failure to effectively attain their designed purpose. This section also highlights two particularly detrimental aspects of the law as currently implemented: (1) the lack of uniformity in the application of the laws by individual states; and (2) the disparate treatment of persons who refuse to submit to BAC testing, both in terms of consequences of refusal to submit …
Impeachment With Evidence Of Prior Convictions, Roger C. Park
Impeachment With Evidence Of Prior Convictions, Roger C. Park
Faculty Scholarship
No abstract provided.
The Constable Blunders But Isnt Punished Does Hudson V Michigans Abolition Of The Exclusionary Rule Extend Beyond Knockandannounce Violations, Mark A. Summers
The Constable Blunders But Isnt Punished Does Hudson V Michigans Abolition Of The Exclusionary Rule Extend Beyond Knockandannounce Violations, Mark A. Summers
Faculty Scholarship
No abstract provided.
Beyond Manson And Lukolongo: A Critique Of American And Zambian Eyewitness Law With Recommendations For Reform In The Developing World, Nicholas A. Kahn-Fogel
Beyond Manson And Lukolongo: A Critique Of American And Zambian Eyewitness Law With Recommendations For Reform In The Developing World, Nicholas A. Kahn-Fogel
Faculty Scholarship
This article is a comparative analysis of U.S. and Zambian eyewitness law. I analyze the two countries' approaches to eyewitness law in the context of the longstanding debate on whether rules or standards best effectuate underlying social values. With regard to the United States, I conclude that either a rule or a standard for admission of eyewitness evidence could provide effective protection of defendants' due process rights while also promoting the societal interest in admitting reliable proof of guilt. I then conduct the first comprehensive analysis of Zambian eyewitness cases and conclude that Zambian eyewitness law is, in some ways, …
Addressing The Evidentiary Sources Of Wrongful Convictions: Categorical Exclusion Of Evidence In Capital Statutes, Rory K. Little
Addressing The Evidentiary Sources Of Wrongful Convictions: Categorical Exclusion Of Evidence In Capital Statutes, Rory K. Little
Faculty Scholarship
No abstract provided.
Science, Intersubjective Validity, And Judicial Legitimacy, Richard B. Katskee
Science, Intersubjective Validity, And Judicial Legitimacy, Richard B. Katskee
Faculty Scholarship
No abstract provided.
Exculpatory Evidence, Ethics, And The Road To The Disbarment Of Mike Nifong: The Critical Importance Of Full Open-File Discovery, Robert P. Mosteller
Exculpatory Evidence, Ethics, And The Road To The Disbarment Of Mike Nifong: The Critical Importance Of Full Open-File Discovery, Robert P. Mosteller
Faculty Scholarship
Mike Nifong, the prosecutor in the Duke lacrosse rape case, was disbarred by the North Carolina State Bar in June 2007 principally for withholding exculpatory DNA evidence and for making false statements about his conduct. This article relates the central details of his actions and the process that led to disbarment. Its key overall insight is that full open-file discovery was the figurative workhorse and hero in the Nifong disbarment saga. That saga was itself strongly affected by two earlier death penalty cases where prosecutors also failed to provide exculpatory information to the defense. The constitutional doctrine in Brady v. …
Proportionality In The Post-Hoc Analysis Of Pre-Litigation Preservation Decisions, Paul W. Grimm, Michael D. Berman, Conor R. Crowley, Leslie Wharton
Proportionality In The Post-Hoc Analysis Of Pre-Litigation Preservation Decisions, Paul W. Grimm, Michael D. Berman, Conor R. Crowley, Leslie Wharton
Faculty Scholarship
No abstract provided.
Discovery About Discovery: Does The Attorney-Client Privilege Protect All Attorney-Client Communications Relating To The Preservation Of Potentially Relevant Information?, Paul W. Grimm, Michael D. Berman, Leslie Wharton, Jenna Beck, Conor R. Crowley
Discovery About Discovery: Does The Attorney-Client Privilege Protect All Attorney-Client Communications Relating To The Preservation Of Potentially Relevant Information?, Paul W. Grimm, Michael D. Berman, Leslie Wharton, Jenna Beck, Conor R. Crowley
Faculty Scholarship
No abstract provided.
Crime, Legitimacy, And Testilying, Bennett Capers
Crime, Legitimacy, And Testilying, Bennett Capers
Faculty Scholarship
No abstract provided.
Constitutional Evidence Law, Alex Stein