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A Synthesis Of The Science And Law Relating To Eyewitness Misidentifications And Recommendations For How Police And Courts Can Reduce Wrongful Convictions Based On Them, Henry F. Fradella Jan 2023

A Synthesis Of The Science And Law Relating To Eyewitness Misidentifications And Recommendations For How Police And Courts Can Reduce Wrongful Convictions Based On Them, Henry F. Fradella

Seattle University Law Review

The empirical literature on perception and memory consistently demonstrates the pitfalls of eyewitness identifications. Exoneration data lend external validity to these studies. With the goal of informing law enforcement officers, prosecutors, criminal defense attorneys, judges, and judicial law clerks about what they can do to reduce wrongful convictions based on misidentifications, this Article presents a synthesis of the scientific knowledge relevant to how perception and memory affect the (un)reliability of eyewitness identifications. The Article situates that body of knowledge within the context of leading case law. The Article then summarizes the most current recommendations for how law enforcement personnel should—and …


Remote Court: Principles For Virtual Proceedings During The Covid-19 Pandemic And Beyond, Alicia L. Bannon, Douglas Keith Apr 2021

Remote Court: Principles For Virtual Proceedings During The Covid-19 Pandemic And Beyond, Alicia L. Bannon, Douglas Keith

Northwestern University Law Review

Across the country, courts at every level have relied on remote technology to adapt the justice system to a once-a-century global pandemic. This Essay describes and assesses this unprecedented journey into virtual justice, paying particular attention to eviction proceedings. While many judges have touted remote court as a revolutionary innovation, the reality is more complex. Remote court has brought substantial time savings and convenience to those who are able to access and use the required technology, but it has also posed hurdles to individuals on the other side of the digital divide, particularly self-represented litigants. The remote court experience has …


Domestic Violence In Criminal Courts: The Larger Implications For Victims, Jason Johnson Nov 2020

Domestic Violence In Criminal Courts: The Larger Implications For Victims, Jason Johnson

Bridges: An Undergraduate Journal of Contemporary Connections

Academics have considered the treatment of domestic violence in Canada inadequate (Bell, Perez, Goodman, & Dutton, 2011) and “…an indicator of society's inattentiveness to violence against women…” (Garner & Maxwell, 2009, p. 44). Van Wormer (2009) further notes that there is still “…widespread dissatisfaction by battered women … and their advocates with the current system…” (p. 107). While much of the literature focuses on early aspects of the criminal justice system (police action, decision to prosecute, for e.g.), few authors have sought to understand victims opinions about the trial process (Hare, 2010; Smith, 2001). This paper conducts a literature review …


Gideon In The Desert: An Empirical Study Of Providing Counsel To Criminal Defendants In Rural Places, Andrew Davies, Alyssa Clark Aug 2019

Gideon In The Desert: An Empirical Study Of Providing Counsel To Criminal Defendants In Rural Places, Andrew Davies, Alyssa Clark

Maine Law Review

Access to counsel for criminal defendants is a continuing challenge in rural localities, notwithstanding the mandates of Sixth Amendment jurisprudence. In this Article, we first review the state of the law on access to counsel in criminal cases, noting the latitude allowed to state and local governments in their policy decisions. We then examine empirical approaches to measuring access to counsel and describe in detail both the law and the data on this issue from the state of Texas. We present exploratory analyses of those data comparing rural and urban places for various aspects of access to counsel, including rules …


Viewing Access To Justice For Rural Mainers Of Color Through A Prosecutorial Lens, Maybell Romero Aug 2019

Viewing Access To Justice For Rural Mainers Of Color Through A Prosecutorial Lens, Maybell Romero

Maine Law Review

Rural areas throughout the country, including those in Maine, are beginning to navigate the challenges and benefits of burgeoning communities of color. District Attorneys’ offices in the state, however, have done little to prepare for this major demographic shift. Maine district attorneys must expand their understanding of their duties to do justice and assure access to justice by better serving rural Mainers of color. While a number of scholars have focused on the legal challenges communities of color face in urban environments as well as those faced by what have been presumed to be White communities in rural areas, this …


Due Process Pringle V. Wolfe (Decided 28, 1996) Jul 2019

Due Process Pringle V. Wolfe (Decided 28, 1996)

Touro Law Review

No abstract provided.


Re-Sentencing Reform: A Comparative Analysis Of The Juvenile Justice System In The United States, United Kingdom, Colombia And Australia, Vianca I. Picart Sep 2018

Re-Sentencing Reform: A Comparative Analysis Of The Juvenile Justice System In The United States, United Kingdom, Colombia And Australia, Vianca I. Picart

ILSA Journal of International & Comparative Law

No abstract provided.


Hearsay In The Smiley Face: Analyzing The Use Of Emojis As Evidence, Erin Janssen Jun 2018

Hearsay In The Smiley Face: Analyzing The Use Of Emojis As Evidence, Erin Janssen

St. Mary's Law Journal

Abstract forthcoming


Injustice Under Law: Perpetuating And Criminalizing Poverty Through The Courts, Judge Lisa Foster May 2017

Injustice Under Law: Perpetuating And Criminalizing Poverty Through The Courts, Judge Lisa Foster

Georgia State University Law Review

Money matters in the justice system. If you can afford to purchase your freedom pretrial, if you can afford to immediately pay fines and fees for minor traffic offenses and municipal code violations, if you can afford to hire an attorney, your experience of the justice system both procedurally and substantively will be qualitatively different than the experience of someone who is poor. More disturbingly, through a variety of policies and practices—some of them blatantly unconstitutional—our courts are perpetuating and criminalizing poverty. And when we talk about poverty in the United States, we are still talking about race, ethnicity, and …


A Spectrum Of International Criminal Procedure: Shifting Patterns Of Power Distribution In International Criminal Courts And Tribunals, Jessica Peake Nov 2014

A Spectrum Of International Criminal Procedure: Shifting Patterns Of Power Distribution In International Criminal Courts And Tribunals, Jessica Peake

Pace International Law Review

Using the pure adversarial model expounded in part I (a) as the baseline for analysis, Parts II, III and IV of this article will explore the procedural evolution that has taken place at the International Criminal Tribunal for the Former Yugoslavia (II), the International Criminal Court (III) and the Extraordinary Chambers in the Courts of Cambodia (IV). Part V will then plot the structural and procedural shifts that have taken place at those courts onto the spectrum of procedure identified in part I (c), before concluding, in Part VI, with what these shifts teach us about the convergence of adversarial …


Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky Oct 2012

Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky

Pepperdine Law Review

No abstract provided.


The Invisible Pillar Of Gideon, Adam M. Gershowitz Jul 2005

The Invisible Pillar Of Gideon, Adam M. Gershowitz

Indiana Law Journal

In 1996, the State of South Carolina charged Larry McVay with common-law robbery. McVay, who was employed part-time and took home less than $160 per week after taxes, claimed that after paying his basic living expenses he had no money left with which to hire an attorney. A South Carolina court disagreed and denied McVay's requestfor appointed counsel. ' Seven years later, Scott Peterson was arrested for the murder of his wife and unborn child in California. Although Peterson owned a home, drove an expensive SUV, and was carrying $10,000 in cash when he was captured, he claimed to be …


Litigation In The United States And Mexico: A Comparative Overview, Robert M. Kossick, Jr. Mar 2000

Litigation In The United States And Mexico: A Comparative Overview, Robert M. Kossick, Jr.

University of Miami Inter-American Law Review

No abstract provided.


Grand Jury Jan 1995

Grand Jury

Touro Law Review

No abstract provided.


Right To Counsel Jan 1991

Right To Counsel

Touro Law Review

No abstract provided.


The Pattern Of Racketeering Element Of Rico Liability, Committee On Federal Courts Of The New York State Bar Association Jan 1990

The Pattern Of Racketeering Element Of Rico Liability, Committee On Federal Courts Of The New York State Bar Association

Touro Law Review

No abstract provided.


Civil Rights In Transition: Sections 1981 And 1982 Cover Discrimination On The Basis Of Ancestry And Ethnicity, Eileen Kaufman, Martin A. Schwartz Jan 1988

Civil Rights In Transition: Sections 1981 And 1982 Cover Discrimination On The Basis Of Ancestry And Ethnicity, Eileen Kaufman, Martin A. Schwartz

Touro Law Review

No abstract provided.


A Trial Court Working With Rule 1100, Merna B. Marshall, Joseph H. Reiter Jan 1978

A Trial Court Working With Rule 1100, Merna B. Marshall, Joseph H. Reiter

Villanova Law Review

No abstract provided.


Wealth, Bail, And The Equal Protection Of The Laws, Richard A. Cohen Jan 1977

Wealth, Bail, And The Equal Protection Of The Laws, Richard A. Cohen

Villanova Law Review

No abstract provided.


The Communication Of The Supreme Court's Criminal Procedure Decisions: A Preliminary Mapping, Stephen L. Wasby Jan 1973

The Communication Of The Supreme Court's Criminal Procedure Decisions: A Preliminary Mapping, Stephen L. Wasby

Villanova Law Review

No abstract provided.


Juveniles And Their Right To A Jury Trial, Timothy E. Foley Jan 1970

Juveniles And Their Right To A Jury Trial, Timothy E. Foley

Villanova Law Review

No abstract provided.


Recent Developments, Various Editors Jan 1967

Recent Developments, Various Editors

Villanova Law Review

No abstract provided.


In Re Gault: Understanding The Attorney's New Role, Glenn C. Equi, James D. Hutchinson, Barney B. Welsh Jan 1967

In Re Gault: Understanding The Attorney's New Role, Glenn C. Equi, James D. Hutchinson, Barney B. Welsh

Villanova Law Review

No abstract provided.


United States V. Tempia: The Questionable Application Of Miranda To The Military, James F. Falco Jan 1967

United States V. Tempia: The Questionable Application Of Miranda To The Military, James F. Falco

Villanova Law Review

No abstract provided.


The Uncertain Rules Of Timeliness In Petitions For The Writ Of Habeas Corpus, Edwin M. Goldsmith Iii Jan 1966

The Uncertain Rules Of Timeliness In Petitions For The Writ Of Habeas Corpus, Edwin M. Goldsmith Iii

Villanova Law Review

No abstract provided.


Power To Comment On The Issue Of Guilt: Trial By Jury Or Trial By Judge, Thomas F. Schilpp Jan 1964

Power To Comment On The Issue Of Guilt: Trial By Jury Or Trial By Judge, Thomas F. Schilpp

Villanova Law Review

No abstract provided.


New Trial In Federal Criminal Cases, Lester B. Orfield Jan 1957

New Trial In Federal Criminal Cases, Lester B. Orfield

Villanova Law Review

No abstract provided.


Contempt--Evasion Of Criminal Process As Contempt Of Court, T. W. Arnold Feb 1928

Contempt--Evasion Of Criminal Process As Contempt Of Court, T. W. Arnold

West Virginia Law Review

No abstract provided.


Special Interrogatories To The Jury--Their Nature And Purpose--Court's Discretion Relative To Their Submission, G. D. H. Feb 1927

Special Interrogatories To The Jury--Their Nature And Purpose--Court's Discretion Relative To Their Submission, G. D. H.

West Virginia Law Review

No abstract provided.