Law Commons^™

The Right To Silence As Protecting Mental Control, Dov Fox

Akron Law Review

This Article examines the idea that individuals have a moral and constitutional right of control over the use of their thoughts vis-à-vis the state. As a point of departure, I consider the prospect of a forensic neuroimaging device that was capable of eliciting recall and recognition from a criminal suspect without the suspect’s having even to answer an interrogator’s question. Reflection on government access to this sort of interrogation technique suggests that the state should be prohibited from either extracting a person’s thoughts without her consent or making use of her compelled thoughts to lay criminal blame upon her. Though …

Forensic Evidence And The Court Of Appeal For England And Wales, Lissa Griffin

Elisabeth Haub School of Law Faculty Publications

The Criminal Division of the Court of Appeal has extensively analyzed the role of forensic evidence. In doing so, the court has grappled with the admissibility and reliability of a broad range of forensic evidence, from DNA and computer forensics to medical and psychological proof, to more outlying subjects like facial mapping, fiber analysis, or voice identification. The court has analyzed these subjects from two perspectives: the admissibility of such evidence in the lower courts and the admissibility of such evidence as fresh evidence on appeal. In both contexts, the court has taken a practical approach to admitting forensic proof …

“What Happened To Me Can Happen To Anybody”—Women Exonerees Speak Out, Zieva Dauber Konvisser

Texas A&M Law Review

Only a few studies have investigated the psychological consequences of wrongful conviction; several others have examined the psychological consequences of incarceration and its impact on reentry and reintegration, primarily for men. For women who have been wrongfully convicted and subsequently released from prison into the free world, there are further indignities and unique issues: having to deal with the deep personal loss of murdered loved ones along with criminal charges; the absence of DNA evidence, making convictions harder to fight; stigmatization by prosecutors and the media; and unique emotional and medical needs.

This Article presents findings from in-depth interviews with …