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Articles 2671 - 2700 of 3077
Full-Text Articles in Constitutional Law
Constitutional Law—Sixth Amendment—Significance Of Testimony Constitutes A Factor In Determining Right Of Confrontation, Brendan M. Donahue
Constitutional Law—Sixth Amendment—Significance Of Testimony Constitutes A Factor In Determining Right Of Confrontation, Brendan M. Donahue
University of Arkansas at Little Rock Law Review
No abstract provided.
Fifth Amendment Privilege For Producing Corporate Documents, Nancy J. King
Fifth Amendment Privilege For Producing Corporate Documents, Nancy J. King
Michigan Law Review
This Note argues that a person should be able to assert her fifth amendment privilege against self-incrimination when her act of producing corporate documents pursuant to a subpoena causes her to make testimonial admissions that are incriminating. Part I briefly examines the two approaches the Supreme Court has used to decide claims of self-incrimination for records production. First, it explains the Court's traditional entity doctrine which, by focusing on the nature of the documents and the capacity in which they are held, has prohibited records producers from invoking the fifth amendment privilege against self-incrimination if the records produced are those …
Section 3142(E) Of The 1984 Bail Reform Act: Rebuttable Presumption Or Mandatory Detention?, Evan Shapiro
Section 3142(E) Of The 1984 Bail Reform Act: Rebuttable Presumption Or Mandatory Detention?, Evan Shapiro
Buffalo Law Review
No abstract provided.
Constitutional Law—Criminal Procedure—Eighth Amendment Bars Execution Of The Insane, Jonathan Taylor
Constitutional Law—Criminal Procedure—Eighth Amendment Bars Execution Of The Insane, Jonathan Taylor
University of Arkansas at Little Rock Law Review
No abstract provided.
Criminal Procedure In A Conservative Age: A Time To Rediscover The Critical Nonconstitutional Issues, Richard S. Frase
Criminal Procedure In A Conservative Age: A Time To Rediscover The Critical Nonconstitutional Issues, Richard S. Frase
Journal of Legal Education
No abstract provided.
Attorney Loyalty And Client Perjury - A Postscript To Nix V. Whiteside, Bennett L. Gershman
Attorney Loyalty And Client Perjury - A Postscript To Nix V. Whiteside, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
How much, if at all, can a criminal defense lawyer cooperate in his or her client's decision to commit perjury? Courts, commentators, and bar committees have grappled with this question for years without offering clear or consistent guidelines. Any principled response must take into account some very hard questions. Under what circumstances, for instance, does the lawyer ever really "know" that his client's proposed testimony is false? Is it sufficient if the lawyer simply disbelieves his client's story, or that of his client's witnesses? Does it make any difference if the attorney learns of a plan to perjure during the …
Police Interrogation And Confessions, Yale Kamisar
Police Interrogation And Confessions, Yale Kamisar
Book Chapters
In the police interrogation room, where, until the second third of the century, police practices were unscrutinized and virtually unregulated, constitutional ideals collide with the grim realities of law enforcement.
Casenotes: Constitutional Criminal Procedure — Absent A Showing Of Prejudice To The Defendant, Due Process Is Not Violated By Prosecutor's Contact With Counsel For Defense Witness In An Effort To Prevent Perjury. United States V. Teague, 737 F.2d 378 (4th Cir. 1984), Cert. Denied, 105 S.Ct. 913 (1985), Dennis Patrick Mcglone
University of Baltimore Law Review
No abstract provided.
Casenotes: Constitutional Criminal Procedure — Despite Discrepancy Between Prior Description And Defendant's Actual Appearance, Eyewitness' Testimony Of Pretrial And In-Court Identifications Of Defendant Is Sufficient Evidence To Sustain A Conviction. Branch V. State, 305 Md. 177, 502 A.2d 496 (1986), Lisa Kristine Hoffman
University of Baltimore Law Review
No abstract provided.
The Federal Rules Of Criminal Procedure, James Boyd White
The Federal Rules Of Criminal Procedure, James Boyd White
Book Chapters
After the Federal Rules of Civil Procedure (1938) established a uniform set of procedures for the trial of civil cases in federal courts, Congress authorized the supreme court to make rules for the trial of federal criminal cases as well. With two Justices dissenting, the Supreme Court adopted the rules in 1944 and submitted them to Congress, which, by silence, approved them.
Compulsory Process, Right To, Peter K. Westen
Compulsory Process, Right To, Peter K. Westen
Book Chapters
The first state to adopt a constitution following the Declaration of Independence (New Jersey, 1776) guaranteed all criminal defendants the same ‘‘privileges of witnesses’’ as their prosecutors. Fifteen years later, in enumerating the constitutional rights of accused persons, the framers of the federal Bill of Rights bifurcated what New Jersey called the ‘‘privileges of witnesses’’ into two distinct but related rights: the Sixth Amendment right of the accused ‘‘to be confronted with the witnesses against him,’’ and his companion Sixth Amendment right to ‘‘compulsory process for obtaining witnesses in his favor.’’ The distinction between witnesses ‘‘against’’ the accused and witnesses …
The Death Penalty, Ellen Y. Suni
The Death Penalty, Ellen Y. Suni
Faculty Works
In 1977, the Missouri legislature adopted a comprehensive statutory scheme defining capital murder and prescribing procedures to be utilized in imposing the death penalty in this state. After making minor revisions in the scheme, the legislature substantially revamped the homicide statutes in 1983. Included in this revision were changes in the definition of the substantive offense and revisions in the grounds and procedures for imposition of the death penalty. These legislative revisions and judicial interpretations have substantially broadened the class of defendants to whom the death penalty is applicable and substantially decreased the likelihood of successful appeal from a sentence …
Administrative Search And Seizure Whither The Warrant, Jack M. Kress, Carole D. Iannelli
Administrative Search And Seizure Whither The Warrant, Jack M. Kress, Carole D. Iannelli
Villanova Law Review (1956 - )
No abstract provided.
Dui Roadblocks: Drunk Drivers Take A Toll On The Fourth Amendment, 19 J. Marshall L. Rev. 983 (1986), Lazaro Fernandez
Dui Roadblocks: Drunk Drivers Take A Toll On The Fourth Amendment, 19 J. Marshall L. Rev. 983 (1986), Lazaro Fernandez
UIC Law Review
No abstract provided.
Malley V. Briggs: The Court Offers A Civil Remedy For Fourth Amendment Violations On The Wake Of An Eroding Exclusionary Rule, 19 J. Marshall L. Rev. 1101 (1986), Ellen Keefe-Garner
Malley V. Briggs: The Court Offers A Civil Remedy For Fourth Amendment Violations On The Wake Of An Eroding Exclusionary Rule, 19 J. Marshall L. Rev. 1101 (1986), Ellen Keefe-Garner
UIC Law Review
No abstract provided.
Subpoenas To Criminal Defense Lawyers: Proposal For Limits, Ellen Y. Suni
Subpoenas To Criminal Defense Lawyers: Proposal For Limits, Ellen Y. Suni
Faculty Works
No abstract provided.
Hearsay Rule, Peter K. Westen
Hearsay Rule, Peter K. Westen
Book Chapters
The hearsay rule is a non constitutional rule of evidence which obtains in one form or another in every jurisdiction in the country. The rule provides that in the absence of explicit exceptions to the contrary, hearsay evidence of a matter in dispute is inadmissible as proof of the matter. Although jurisdictions define "hearsay" in different ways, the various definitions reflect a common principle: evidence that derives its relevance in a case from the belief of a person who is not present in court—and thus not under oath and not subject to cross-examination regarding his credibility—is of questionable probative value.
Compelling Testimony In Alaska: The Coming Rejection Of Use And Derivative Use Immunity, Jeff M. Feldman
Compelling Testimony In Alaska: The Coming Rejection Of Use And Derivative Use Immunity, Jeff M. Feldman
Articles
Until 1972, when the Supreme Court upheld a federal use andderivative use immunity statute in Kastigar v. United States, virtually every court that considered the issue of the compulsion of testimony favored transactional immunity. It appears that most courts interpreted the Supreme Court's 1892 decision in Counselman v. Hitchcock as finding only transactional immunity constitutional. Since Kastigar, the Alaska Supreme Court has had several opportunities totake sides in the debate over the grant of immunity constitutionally required to compel testimony. On each such occasion, the court has expressed a preference for transactional immunity, but has carefullyavoided resolving the …
Press-Enterprise Co. V. Superior Court Of California For The County Of Riverside, Lewis F. Powell Jr.
Press-Enterprise Co. V. Superior Court Of California For The County Of Riverside, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Bowers V. Hardwick, Lewis F. Powell Jr.
Bowers V. Hardwick, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Thornburgh V. American College Of Obstetricians And Gynecologists, Lewis F. Powell Jr.
Thornburgh V. American College Of Obstetricians And Gynecologists, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Batson V. Kentucky, Lewis F. Powell Jr.
Batson V. Kentucky, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Remedies To The Dilemma Of Death-Qualified Juries, Robert M. Berry
Remedies To The Dilemma Of Death-Qualified Juries, Robert M. Berry
University of Arkansas at Little Rock Law Review
No abstract provided.
The Admissibility Of Prior Silence To Impeach The Testimony Of Criminal Defendants, Rex A. Sharp
The Admissibility Of Prior Silence To Impeach The Testimony Of Criminal Defendants, Rex A. Sharp
University of Michigan Journal of Law Reform
This Note focuses on whether a defendant who was called as a witness at the prior, severed trial of a codefendant and refused to testify by invoking the fifth amendment can subsequently be impeached by this silence at his own trial. In addition to the obvious implications this issue has for severed criminal trials, the factors considered when deciding whether impeachment by silence should be allowed generally are in sharpest focus in this factual setting. Thus, the analysis of the constitutional and evidentiary questions this Note enlists to argue that impeachment by silence in this context is permissible applies as …
Casenotes: New Trials — Criminal Procedure — Constitutional Law — New Trial Not Warranted Unless Newly Discovered Evidence Satisfies Threshold Requirement Of Materiality To The Outcome Of The Case. Stevenson V. State, 299 Md. 297, 473 A.2d 450 (1984), Nicole Porter
University of Baltimore Law Review
No abstract provided.
Seizing Opportunity, Searching For Theory: Article I, Section 7, George R. Nock
Seizing Opportunity, Searching For Theory: Article I, Section 7, George R. Nock
Seattle University Law Review
Washington case law dealing with searches and seizures has now reached a developmental stage from which it can proceed either haphazardly or along any of several well-defined lines. The purpose of this Article is not to provide a compendium of Washington search-and-seizure cases. Rather, the Article analyzes the more recent (and some of the earlier) cases in which the Washington Supreme Court has interpreted article I, section 7, and suggests several alternative theoretical bases for the further development of Washington constitutional search-and-seizure jurisprudence.
Does A Criminal Defendant Have A Constitutional Right To Compel The Production Of Privileged Testimony Through Use Immunity, Louis M. Natali Jr.
Does A Criminal Defendant Have A Constitutional Right To Compel The Production Of Privileged Testimony Through Use Immunity, Louis M. Natali Jr.
Villanova Law Review (1956 - )
No abstract provided.
New York V. Quarles: The Dissolution Of Miranda, Mary M. Keating
New York V. Quarles: The Dissolution Of Miranda, Mary M. Keating
Villanova Law Review (1956 - )
No abstract provided.
Executive Targeting Of Congressmen As A Violation Of The Arrest Clause, Anita Bernstein
Executive Targeting Of Congressmen As A Violation Of The Arrest Clause, Anita Bernstein
Faculty Scholarship
No abstract provided.
The Capital Defendant's Right To Make A Personal Plea For Mercy: Common Law Allocution And Constitutional Mitigation, J. Thomas Sullivan
The Capital Defendant's Right To Make A Personal Plea For Mercy: Common Law Allocution And Constitutional Mitigation, J. Thomas Sullivan
Law Faculty Scholarship
No abstract provided.