Criminal Procedure Commons^™

Hearsay In High Definition: Body-Worn Cameras And The Future Of Intimate Partner Violence Prosecutions, Kenechukwu Okocha

Working Papers

Technological advances in documenting police encounters with the public have outpaced evidentiary hearsay rules. Specifically, the rapid adoption of body-worn cameras (BWCs), fueled by racial justice and police reform advocates, has produced previously unavailable, vivid, and timely recordings of IPV victims’ accounts of abuse. Unfortunately, state and federal rules governing hearsay often prevent juries from considering these out-of-court statements. Such restrictions carry particular force in IPV cases, where victims frequently recant or decline to testify at trial due to abuser manipulation or distrust of the criminal justice system.

Courts and legislatures have eased some evidentiary restrictions in IPV cases in …

La Provocation En Droit Libanais Et En Droit Français, Naguib Hosni

Proche-Orient, Études juridiques

No abstract provided.

الجوانب الفنية للتفريد القضائي في قوانين الدول العربية, محمود محمود مصطفى

Proche-Orient, Études juridiques

No abstract provided.

خصائص قانون العقوبات في الدول الاشتراكية, محمود محمود مصطفى

Proche-Orient, Études juridiques

No abstract provided.

تعويض المجني عليه في الجريمة في قوانين الدول العربية, محمود محمود مصطفى

Proche-Orient, Études juridiques

No abstract provided.

Secret Et Procédure, Pierre Raynaud

Proche-Orient, Études juridiques

No abstract provided.

Le Secret En Procédure Civile Et Pénale Libanaise, Sélim Jahel

Proche-Orient, Études juridiques

No abstract provided.

Dyslexia: A Beginner’S Guide For Criminal Justice, Forensic Mental Health, And Legal Professionals, Jerrod Brown Ph.D., M.A., M.S., M.S., M.S., Amy Guillot, Morgan Rutkowski, Jeremiah B. Schimp, Jonathan Q. Ward, Kimberly Dodson, Shelley Mydra Dmft, Lmft, Amanda Fenrich, Joshua Kirven, Bettye Sue Hennington, Matthew Peacock, Janina Cich, Nicole Kimberley-Staeheli

Forensic Scholars Today

Dyslexia is a heritable, neurobiological learning disorder that persistently interferes with reading, spelling, and writing and is distinct from intellectual, visual, or hearing impairments. Although an estimated 15% to 20% of the general population may show symptoms of dyslexia, studies report that 41% to 62% of incarcerated individuals display dyslexia-related characteristics. This beginner’s guide introduces dyslexia for criminal justice, forensic mental health, and legal professionals. It reviews diagnostic considerations, including the distinction between dyslexia and low literacy, the varied cognitive profiles of dyslexia, and the influence of co-occurring conditions such as attention-deficit/hyperactivity disorder. The article frames the link between dyslexia …

Cruel By Design: Reclaiming The Eighth Amendment From The Feasible-Alternative Requirement, Heath C. Newman

University of Miami Law Review

For more than two centuries, the Eighth Amendment’s prohibition on “cruel and unusual punishments” has stood as a safeguard against the barbarous and excessive exercise of state power. Rooted in the English Bill of Rights of 1689 and adopted by Framers who denounced torturous punishments, the Amendment was designed to protect the condemned from needless suffering. Yet, under the Supreme Court’s modern method-of-execution jurisprudence, that protection no longer turns on whether the state’s chosen method will inflict extreme pain, but on whether the prisoner can identify a feasible alternative way to die. The feasible-alternative requirement—developed in Baze v. Rees, Glossip …

Dishonorable Machines: Why And How To Resist Trial By Ai Judges, Kyle Singhal

SMU Law Review Forum

Just as humans trust human doctors to treat human ills, we trust human judges to resolve human disputes. A doctor may employ artificial intelligence (AI) tools to aid in diagnosis, but the doctor ultimately decides what to prescribe, and the doctor bears accountability for that choice. This Article argues that judging demands the same boundary: AI may assist as a tool, but it must not replace human decision-making.

Perhaps unsurprisingly, in light of AI’s recent gains in its ability to process large quantities of seemingly complex material, some scholars and practitioners have contended otherwise, urging that at least some judging …

News That Will Not Break: How The First And Fourth Amendments Can Jointly Protect The Press From Secret Government Intrusions Into Newsgathering, Julianna Margolin

Fordham Law Review

The modern constitutional and statutory framework permits the U.S. government to obtain journalists’ confidential source information and work product by secretly serving third-party service providers with subpoenas. While the First Amendment protects journalists and the Fourth Amendment guards against unreasonable government searches, new technology and the involvement of third parties complicate the balance between independent newsgathering and government access.

This Note examines reporters’ privilege jurisprudence stemming from the seminal U.S. Supreme Court decision Branzburg v. Hayes, which declined to recognize a categorical privilege. This Note also explores the subpoena power in the digital age as it converges with privacy …

Mengenal Hcch 1970 Taking Evidence Abroad Convention, Priskila Pratita Penasthika

Jurnal Hukum & Pembangunan

Since mid-2023, the Supreme Court of the Republic of Indonesia has prioritised the strengthening and harmonisation of Indonesian civil procedural law to better align with international practices and standards. This initiative seeks to enhance the competitiveness of Indonesian judicial institutions in resolving commercial disputes through acceding to relevant private international law instruments. The HCCH 1970 Evidence Convention is among the key private international law instruments identified by the Supreme Court as a priority for Indonesia's accession. Nonetheless, academic literature in the Indonesian language on private international law instruments, particularly those issued by the Hague Conference on Private International Law (HCCH), …

Haruskan Debitur Mengatakan "Ya"? Menyoal Persetujuan Debitur Dalam Pengalihan Piutang Oleh Bank, Ihsanuddin Nursyie

Jurnal Hukum & Pembangunan

Financial Services Authority Regulation No. 26 of 2024 concerning the Expansion of Banking Business Activities requires the inclusion of an assignment of receivables clause in credit agreements and, where such a clause is not provided, requires the debtor’s consent before the assignment is carried out. This article analyzes the appropriateness of debtor consent as a protection instrument in the assignment of receivables through cessie. This research employs a doctrinal legal method by analyzing legislation, legal doctrines, and relevant literature. The findings indicate that debtor consent is not an inherent requirement of cessie, while the risks to debtor protection are more …

Dari Penafsiran Ke Konstruksi Konstitusi: Evolusi Putusan Mahkamah Konstitusi Tentang Keserentakan Pemilihan Umum, Khairul Fahmi, Desip Trinanda

Jurnal Hukum & Pembangunan

Abstract

The Constitutional Court's decisions regarding election simultaneity demonstrate a highly progressive development in constitutional reasoning. The Constitutional Court has issued at least three decisions related to the election simultaneity model: Decision Number 14/PUU-XI/2013, Decision Number 55/PUU-XVII/2019, and Decision Number 135/PUU-XXII/2024. So far, studies of these decisions have tended to be placed within the framework of constitutional interpretation. However, the Constitutional Court's stance in Decision Number 135/PUU-XXII/2024 goes beyond merely interpreting the constitution to also construct a constitutional provision on election simultaneity by separating national and local elections. Therefore, the focus of this article is the shift in the Constitutional …

Rekonstruksi Pengawasan Peradilan Substantif Atas Perjanjian Penundaan Penuntutan Korporasi Dalam Perspektif Civic Trust Dan Reintegrative Shaming, Merlin Swantamalo Magna, Ariesta Wibisono Anditya

Jurnal Hukum & Pembangunan

Law Number 20 of 2025 on the Criminal Procedure Code introduces the Deferred Prosecution Agreement (DPA) as a special mechanism for corporate offenders. Article 328(8) grants judges substantive authority to assess proportionality, the impact on the national economy, and the suspect's ability to meet the agreed conditions—yet provides no clear parameters. This absence risks legal uncertainty, judicial formalism, and abuse of power, while colliding with the presumption of innocence within Indonesia's civil-law tradition, in which judges have traditionally played a passive role. This study aims to construct a dogmatic framework for judges' substantive judicial-supervision authority in the DPA mechanism. Employing …

Justice Lost And Found Playlist, Njaj Editorial Board

Nebraska Journal on Advancing Justice

No abstract provided.

Oh No, Don't Let The Rain Come Down..., Mervyn Bennun

Nebraska Journal on Advancing Justice

No abstract provided.

The Failure Of Law Reform: Housing Codes, Bans On Retaliatory Eviction, And The Implied Warranty Of Habitability, David Ray Papke

Nebraska Journal on Advancing Justice

No abstract provided.

Unauthorized Practice Of Law Reform And Domestic Violence Advocacy: Advocate Perspectives On Legal Training, Cayley Balser, Stacy Jane

Nebraska Journal on Advancing Justice

No abstract provided.

Introduction, Katherine M. Houlden

Nebraska Journal on Advancing Justice

No abstract provided.