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 …

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 …

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 …

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 …

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), …

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 …

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.

Volume 3, Issue 1 Masthead, Njaj Editorial Board

Nebraska Journal on Advancing Justice

No abstract provided.

Modern Tribulations Of Modern Trials: Ai-Generated Content Of Deceased Victims At Sentencing And Family Law’S Cure From Ho’Oponopono & Restorative Justice, Ethan Michael Knoll

St. Mary's Law Journal

No abstract provided.

Between Blockchain And Black Markets: South Africa's Legal Readiness For Crypto-Driven Cyberfraud, Sagwadi Mabunda, Yassin Chande

Communications of the IIMA

This paper examines whether the proliferation of cryptocurrency-facilitated fraud warrants a reclassification of the terrestrial crime of fraud into the distinct statutory offence of cyberfraud under South African law. Engaging with established fraud typologies — exit scams, Initial Coin Offering (ICO) scams, Ponzi schemes, pump-and-dump schemes, and market manipulation — the article tests their definitional fit against both the common law of fraud and section 8 of the Cybercrimes Act 19 of 2020. Through a hypothetical composite scenario combining multiple fraud typologies, the article demonstrates that whilst cryptocurrency significantly amplifies the reach and complexity of fraudulent schemes, it functions primarily …

Expert In The Box: Keeping The Lid On Unchallenged Testimony, Derek L. Busch

Georgia Criminal Law Review

A juror with specialized knowledge carries the potential to infringe upon the trial rights of the accused, provided to them by the Sixth Amendment and incorporated to the states through the Fourteenth Amendment. These rights include the right to an impartial jury and the right of confrontation, recognized since the founding of the first colonies. When a juror possesses relevant professional expertise or background information regarding evidence adduced at trial, there is a risk in how the juror will use this personal knowledge in deliberations. Particularly, there is a concern the juror will use their knowledge to add information, rather …

Cultural Considerations: A Discussion Of Schematic Information Processing In African Plea Bargaining, Emma Joy Mcarthy

Pepperdine Dispute Resolution Law Journal

Plea bargaining is a prominent form of alternative dispute resolution: it is the method of resolution for nearly 98% of criminal convictions in the United States and is growing in popularity worldwide, including across the continent of Africa. In many ways, plea bargaining reflects traditional restorative justice models practiced in Africa prior to the introduction of adversarial and retributive Western practices. This comment discusses schematic information processing, exploring how cultural influences shape the schemas held by members of African nations in contrast to Western ways of thinking. A deep value for community and an emphasis on relationships is at the …

Status Quo Bias Dalam Reformasi Hukum Acara Pidana Di Indonesia: Kegagalan Penguatan Pengawasan Pengadilan (Judicial Scrutiny) Yang Lebih Optimal, Choky Risda Ramadhan, Abni Nur Aini, Dheliana Khairunisa

The Indonesian Journal of Socio-Legal Studies

Pretrial proceedings (Praperadilan), as a form of judicial scrutiny, function as a control mechanism over the actions of law enforcement officials to prevent abuses of power. This mechanism was introduced in the 1981 Criminal Procedure Code (Kitab Undang-Undang Hukum Acara Pidana, KUHAP) and re-regulated in the 2025 KUHAP. However, numerous studies and focus group discussion with legal scholars and law enforcement officers have documented structural weaknesses in Praperadilan, prompting calls to reform judicial scrutiny in order to more effectively limit law enforcement authority and protect the human rights of individuals involved in criminal proceedings. During the Reform era (2004–2025), proposals …

Predicting Less, Understanding More: Shifting The Use Of Machine Learning From Individual Prediction To Structural Insights In Systems That Affect Children And Families, Amanda J. Fairchild, Joshua Gupta-Kagan, Andrew Barclay

Faculty Scholarship

Machine learning algorithms have been deeply embedded across domains, valued for their capacity to analyze large-scale data and to support a range of descriptive and predictive tasks. Despite their versatility, most applications to date have focused on individual-level prediction at the expense of broader structural insights. This paper shifts that focus by using comprehensive demographic, juvenile justice, and other key data from child-serving agencies in one southern state to examine how juvenile and family court intake structures shape case outcomes in delinquency referrals. Specifically, we combine machine learning algorithms with a doubly robust, potential outcomes-based modeling procedure to estimate the …

Textual (In)Difference In State Search-And-Seizure Provisions, Quinn Yeargain

Northwestern University Law Review

Over the past 250 years, state constitutional drafters have refined the scope of rights and liberties protected by their constitutions’ texts. Today, all state constitutions include a search-and-seizure provision—and though only a minority follow the layout, text, and context of the Fourth Amendment to the U.S. Constitution, most of them bear a striking resemblance to it. However, textual variations abound. Some of them may seem minor, like using the word “possessions” instead of “effects,” or mandating that warrants describe their intended targets “as nearly as may be” instead of requiring that they “particularly describ[e]” them. But others, like the addition …

Masthead

Seattle University Law Review

No abstract provided.