Improbable Cause: A Case For Judging Police By A More Majestic Standard,
2010
Washington and Lee University School of Law
Improbable Cause: A Case For Judging Police By A More Majestic Standard, Melanie D. Wilson
Scholarly Articles
Several prior studies have demonstrated that police sometimes, if not often, lie in an attempt to avoid the effects of the exclusionary rule. This study of federal trial judges in the District of Kansas suggests that judges may be fostering this police perjury. Judges may unwittingly encourage police perjury because they subconsciously recognize that acknowledging perjury will probably result in release of a culpable defendant. Judges may also permit perjury because they cannot determine when police are lying. In either case, the Supreme Court majority's conception of the exclusionary rule naturally leads trial judges to deny defendants' motions to suppress. …
An Exclusionary Rule For Police Lies,
2010
Washington and Lee University School of Law
An Exclusionary Rule For Police Lies, Melanie D. Wilson
Scholarly Articles
Our legal system treats the police as if they are impartial fact gatherers, trained and motivated to gather facts both for and against guilt, rather than biased advocates attempting to disprove innocence, which is the reality. Because of its partiality in favor of officers, the criminal justice system lacks the appropriate structure to expose and effectively deter police lies, which distort the truth about criminal or unconstitutional conduct.
This Article, presented in three parts, argues that the current system should be changed to provide the structure necessary to promote honest police work. Specifically, it urges a modification to the exclusionary …
Modeling The Effects Of Peremptory Challenges On Jury Selection And Jury Verdicts,
2010
University of New Hampshire School of Law
Modeling The Effects Of Peremptory Challenges On Jury Selection And Jury Verdicts, Roger Allen Ford
Law Faculty Scholarship
Although proponents argue that peremptory challenges make juries more impartial by eliminating “extreme” jurors, studies testing this theory are rare and inconclusive. For this article, two formal models of jury selection are constructed, and various selection procedures are tested, assuming that attorneys act rationally rather than discriminate based on animus. The models demonstrate that even when used rationally, peremptory challenges can distort jury decision making and undermine verdict reliability. Peremptory challenges systematically shift jurors toward the majority view of the population by favoring median jurors over extreme jurors. If the population of potential jurors is skewed in favor of conviction …
International Bridges To Justice (Ibj) - Criminal Defence Training,
2010
Singapore Management University
International Bridges To Justice (Ibj) - Criminal Defence Training, Lien Centre For Social Innovation
Social Space
Criminal justice systems across the world continue to be plagued by problems such as arbitrary detention, torture and an inadequate knowledge of the rights of defendants. IBJ hopes to establish a legal resource hub for criminal defenders and justice practitioners across Asia by taking a collaborative and proactive approach with Asian governments and fostering leadership and innovation in the area of criminal justice reform.
The Expanding Definition Of Crime And Its Effect On The Individual: A Multilevel Modeling Analysis,
2010
University of Denver
The Expanding Definition Of Crime And Its Effect On The Individual: A Multilevel Modeling Analysis, Teresa A. Dalton
Electronic Theses and Dissertations
Incarceration is one of the most extreme exercises of state power. For the past twenty-five years the rates at which states have been locking up their residents have been growing at a distressing pace. While violent crime rates have been declining, arrest rates for lower-level crimes have been steadily rising. Two new indices are developed to explain the relationship between lower-level crime and violent crime--the punitive severity index (PSI) and the punitive progression index (PPI). The PSI is the ratio of low-level crime to violent crime, a static indicator of punitiveness, while the PPI is a measure of the rate …
Review Of “Sisters Outside: Radical Activists Working For Women Prisoners, By Jodie Michelle Lawston”,
2010
Chapman University
Review Of “Sisters Outside: Radical Activists Working For Women Prisoners, By Jodie Michelle Lawston”, Lisa A. Leitz
Peace Studies Faculty Articles and Research
Book review of Jodie Michelle Lawston's "Sisters Outside: Radical Activists Working for Women Prisoners".
The Spot Program: Hello Racial Profiling, Goodbye Fourth Amendment?,
2010
University of Maryland Francis King Carey School of Law
The Spot Program: Hello Racial Profiling, Goodbye Fourth Amendment?, Deborah L. Meyer
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
The Exclusionary Rule Applied To Coerced Statements From Nondefendants, 43 J. Marshall L. Rev. 795 (2010),
2010
UIC School of Law
The Exclusionary Rule Applied To Coerced Statements From Nondefendants, 43 J. Marshall L. Rev. 795 (2010), Victoria D. Noel
UIC Law Review
No abstract provided.
Thinking Like A Public Interest Lawyer: Theory, Practice, And Pedagogy,
2010
Brooklyn Law School
Thinking Like A Public Interest Lawyer: Theory, Practice, And Pedagogy, Jocelyn Simonson
Faculty Scholarship
No abstract provided.
Keeping It Real: Reforming The “Untried Conviction” Impeachment Rule,
2010
University of Maryland Francis King Carey School of Law
Keeping It Real: Reforming The “Untried Conviction” Impeachment Rule, Montré D. Carodine
Maryland Law Review
No abstract provided.
War And Peace In The Jury Room: How Capital Juries Reach Unanimity,
2010
University of Miami School of Law
War And Peace In The Jury Room: How Capital Juries Reach Unanimity, Scott E. Sundby
Articles
No abstract provided.
Photo Enforcement Programs: Are They Permissible Under The United States Constitution?, 43 J. Marshall L. Rev. 463 (2010),
2010
UIC School of Law
Photo Enforcement Programs: Are They Permissible Under The United States Constitution?, 43 J. Marshall L. Rev. 463 (2010), Paul Mcnaughton
UIC Law Review
No abstract provided.
International Criminal Courts And The Making Of Public International Law: New Roles For International Organizations And Individuals, 43 J. Marshall L. Rev. 603 (2010),
2010
UIC School of Law
International Criminal Courts And The Making Of Public International Law: New Roles For International Organizations And Individuals, 43 J. Marshall L. Rev. 603 (2010), Kenneth S. Gallant
UIC Law Review
No abstract provided.
Gps Monitoring May Cause Orwell To Turn In His Grave, But Will It Escape Constitutional Challenges? A Look At Gps Monitoring Of Domestic Violence Offenders In Illinois, 43 J. Marshall L. Rev. 845 (2010),
2010
UIC School of Law
Gps Monitoring May Cause Orwell To Turn In His Grave, But Will It Escape Constitutional Challenges? A Look At Gps Monitoring Of Domestic Violence Offenders In Illinois, 43 J. Marshall L. Rev. 845 (2010), Mary Ann Scholl
UIC Law Review
No abstract provided.
Everyone Knows Medellin; Has Anyone Heard Of O'Brien? Reconciling The United States And The International Community By Amending The Vccr, 43 J. Marshall L. Rev. 817 (2010),
2010
UIC School of Law
Everyone Knows Medellin; Has Anyone Heard Of O'Brien? Reconciling The United States And The International Community By Amending The Vccr, 43 J. Marshall L. Rev. 817 (2010), Steven M. Novak
UIC Law Review
No abstract provided.
Shari'ah And Choice: What The United States Should Learn From Islamic Law About The Role Of Victims' Families In Death Penalty Cases, 44 J. Marshall L. Rev. 1 (2010),
2010
UIC School of Law
Shari'ah And Choice: What The United States Should Learn From Islamic Law About The Role Of Victims' Families In Death Penalty Cases, 44 J. Marshall L. Rev. 1 (2010), Susan C. Hascall
UIC Law Review
No abstract provided.
The Child Declarant, The Confrontation Clause, And The Forfeiture Doctrine,
2010
The Catholic University of America, Columbus School of Law
The Child Declarant, The Confrontation Clause, And The Forfeiture Doctrine, Clifford S. Fishman
Scholarly Articles
The Confrontation Clause of the Sixth Amendment normally precludes the state from offering a child's "testimonial" hearsay statements into evidence if the child does not testify. An exception to that rule arises, however, if the defendant has engaged in misconduct that results in the forfeiture of the right to confront the child in court. In Giles v California, the United States Supreme Court attempted to clarify what a prosecutor must show in order to invoke the forfeiture doctrine. This Article examines the effect of Giles on the "testimonial" statement of a child declarant who does not testify at the defendant's …
Systemic Indigent Defense Litigation: A 2010 Update,
2010
The Catholic University of America, Columbus School of Law
Systemic Indigent Defense Litigation: A 2010 Update, Cara H. Drinan
Scholarly Articles
Part I of this Essay describes the systemic indigent defense suits in Michigan and New York, noting their similar but ultimately divergent paths. Part II addresses the question of how systemic litigation in the indigent defense arena is faring in the wake of the Michigan suit. Despite the Michigan setback, this kind of litigation may still be a powerful reform tool in certain jurisdictions. Moreover, in some jurisdictions there will always be the need for litigation simply because it is the only path to reform. I note three jurisdictions where litigation is either already happening in some fashion and/or where …
Why Did China Reform Its Death Penalty?,
2010
University of Washington School of Law
Why Did China Reform Its Death Penalty?, Kandis Scott
Washington International Law Journal
China recently reformed its death penalty laws, and as a result the government has executed fewer prisoners. The author explores possible reasons and policy concerns behind China's legal reform. These influences include international forces and domestic factors, such as the media, changed circumstances, compassion, and politics. Although hardly transparent, the underlying motivations for the revisions suggest that eventually China may abolish capital punishment, perhaps even before the United States does so.
The Quest For Victims' Justice In India,
2010
American University Washington College of Law
The Quest For Victims' Justice In India, Subhradipta Sarkar
Human Rights Brief
No abstract provided.
