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Improbable Cause: A Case For Judging Police By A More Majestic Standard, Melanie D. Wilson 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, Melanie D. Wilson 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, Roger Allen Ford 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, Lien Centre for Social Innovation 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, Teresa A. Dalton 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”, Lisa A. Leitz 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?, Deborah L. Meyer 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), Victoria D. Noel 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, Jocelyn Simonson 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, Montré D. Carodine 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, Scott E. Sundby 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), Paul McNaughton 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), Kenneth S. Gallant 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), Mary Ann Scholl 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), Steven M. Novak 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), Susan C. Hascall 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, Clifford S. Fishman 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, Cara H. Drinan 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?, Kandis Scott 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, Subhradipta Sarkar 2010 American University Washington College of Law

The Quest For Victims' Justice In India, Subhradipta Sarkar

Human Rights Brief

No abstract provided.


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