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Full-Text Articles in Law
Can Prosecutors Bluff? Brady V. Maryland And Plea Bargaining, John G. Douglass
Can Prosecutors Bluff? Brady V. Maryland And Plea Bargaining, John G. Douglass
Law Faculty Publications
The author discusses the symbolic value of the Brady rule in the pretrial context in the U.S. criminal justice system. Brady's symbolic power remains stronger than its corrective power in post-trial motions. It serves as a constitutional reminder to prosecutors because they cannot serve as architects of unfairness. Most prosecutors disclose more Brady material in pretrial discovery than the constitutional rule actually demands. This indicates that prosecutors can bluff.
Confronting Death: Sixth Amendment Rights At Capital Sentencing, John G. Douglass
Confronting Death: Sixth Amendment Rights At Capital Sentencing, John G. Douglass
Law Faculty Publications
The Court's fragmentary approach has taken pieces of the Sixth Amendment and applied them to pieces of the capital sentencing process. The author contends that the whole of the Sixth Amendment applies to the whole of a capital case, whether the issue is guilt, death eligibility, or the final selection of who lives and who dies. In capital cases, there is one Sixth Amendment world, not two. In this Article, he argues for a unified theory of Sixth Amendment rights to govern the whole of a capital case. Because both Williams and the Apprendi-Ring-Booker line of cases purport to rest …
Update--Criminal Law & Procedure, Bruce G. Berner, David E. Vandercoy
Update--Criminal Law & Procedure, Bruce G. Berner, David E. Vandercoy
Law Faculty Publications
No abstract provided.
The Supreme Court And The Incredible Shrinking Fourth Amendment, Bruce G. Berner
The Supreme Court And The Incredible Shrinking Fourth Amendment, Bruce G. Berner
Law Faculty Publications
No abstract provided.
Evidentiary Use Of Other Crime Evidence: A Survey Of Recent Trends In Criminal Procedure, Susan Stuart
Evidentiary Use Of Other Crime Evidence: A Survey Of Recent Trends In Criminal Procedure, Susan Stuart
Law Faculty Publications
No abstract provided.
Police Interrogation: A Psychoanalytic View, Philipp Brockington
Police Interrogation: A Psychoanalytic View, Philipp Brockington
Law Faculty Publications
No abstract provided.