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5,943 full-text articles. Page 64 of 115.

Moving Beyond Miranda: Concessions For Confessions, Scott W. Howe 2016 Northwestern Pritzker School of Law

Moving Beyond Miranda: Concessions For Confessions, Scott W. Howe

Northwestern University Law Review

The law governing police interrogation provides perverse incentives. For criminal suspects, the law rewards obstruction and concealment. For police officers, it honors deceit and psychological aggression. For the courts and the rest of us, it encourages blindness and rationalization. This Article contends that the law could help foster better behaviors. The law could incentivize criminals to confess without police trickery and oppression. It could motivate police officers involved in obtaining suspect statements to avoid chicanery and duress. And, it could summon courts and the rest of us to speak more truthfully about whether suspect admissions are the product of informed, …


Constitutional Regulation Of Forensic Evidence, Brandon L. Garrett 2016 University of Virginia School of Law

Constitutional Regulation Of Forensic Evidence, Brandon L. Garrett

Washington and Lee Law Review

No abstract provided.


A Blueprint For Obtaining Judicial Notice Of A Fact That Need Not Be Proven At Trial, Cynthia Ford 2016 Alexander Blewett III School of Law at the University of Montana

A Blueprint For Obtaining Judicial Notice Of A Fact That Need Not Be Proven At Trial, Cynthia Ford

Faculty Journal Articles & Other Writings

No abstract provided.


Rescued From The Grave And Then Covered With Mud: Justice Scalia And The Unfinished Restoration Of The Confrontation Right, Richard D. Friedman 2016 University of Michigan Law School

Rescued From The Grave And Then Covered With Mud: Justice Scalia And The Unfinished Restoration Of The Confrontation Right, Richard D. Friedman

Articles

Some years before his death, when asked which was his favorite among his opinions, Antonin Scalia named Crawford v. Washington. It was a good choice. Justice Scalia's opinion in Crawford reclaimed the Confrontation Clause of the Sixth Amendment to the Constitution and restored it to its rightful place as one of the central protections of our criminal justice system. He must have found it particularly satisfying that the opinion achieved this result by focusing on the historical meaning of the text, and that it gained the concurrence of all but two members of the Court, from all ideological positions.


#Guilty? Sublet V. State And The Authentication Of Social Media Evidence In Criminal Proceedings, Elizabeth A. Flanagan 2016 Villanova University Charles Widger School of Law

#Guilty? Sublet V. State And The Authentication Of Social Media Evidence In Criminal Proceedings, Elizabeth A. Flanagan

Villanova Law Review (1956 - )

No abstract provided.


Pennsylvania Stacks The Deck Against Defendants In Commonwealth V. Alicia, Leaving False Confession Assessments To The Jury, Katherine Reamy 2016 Villanova University Charles Widger School of Law

Pennsylvania Stacks The Deck Against Defendants In Commonwealth V. Alicia, Leaving False Confession Assessments To The Jury, Katherine Reamy

Villanova Law Review (1956 - )

No abstract provided.


The Connected State Of Things: A Lawyer’S Survival Guide In An Internet Of Things World, Antigone Peyton 2016 Cloudigy Law PLLC

The Connected State Of Things: A Lawyer’S Survival Guide In An Internet Of Things World, Antigone Peyton

Catholic University Journal of Law and Technology

No abstract provided.


Wearable Devices As Admissible Evidence: Technology Is Killing Our Opportunity To Lie, Nicole Chauriye 2016 Catholic University of America, Columbus School of Law

Wearable Devices As Admissible Evidence: Technology Is Killing Our Opportunity To Lie, Nicole Chauriye

Catholic University Journal of Law and Technology

No abstract provided.


Causation In Cases Of Evidential Uncertainty: Juridical Techniques And Fundamental Issues, Ken Oliphant 2016 University of Bristol

Causation In Cases Of Evidential Uncertainty: Juridical Techniques And Fundamental Issues, Ken Oliphant

Chicago-Kent Law Review

This paper reviews from a comparative legal perspective the range of juridical techniques that have been developed in different legal systems to address perceived problems of uncertain alternative causation. It finds that the process of development has generally proceeded in an ad hoc and unprincipled fashion, without regard for overall coherence. It argues for a more principled legal approach in which the appropriate legal response (full liability, proportional liability or no liability) is adopted on the basis of a ranking of the different categories of cases in which problems of causal uncertainty can arise, reflecting the strength (or weakness) of …


Protecting Public Employee Trial Testimony, Joseph Deloney 2016 IIT Chicago-Kent College of Law

Protecting Public Employee Trial Testimony, Joseph Deloney

Chicago-Kent Law Review

In a number of jurisdictions around the United States, police officers and other public employees that regularly testify as part of their ordinary job duties can be placed in compromising positions. Because these types of employees regularly testify as part of their ordinary job duties, such testimony is considered “employee speech” and therefore unprotected by the First Amendment. Consequently, governmental employers can take adverse employment actions against an employee based on his or her truthful trial testimony without violating the employee’s First Amendment rights. Drawing from the Supreme Court’s 2014 decision in Lane v. Franks and other circuit court cases, …


David Brown Versus Louisiana, Charles Ogletree, Ronald Sullivan 2016 Fair Punishment Project

David Brown Versus Louisiana, Charles Ogletree, Ronald Sullivan

Amicus Briefs

No abstract provided.


The "Duh" Standard Is The Basic Premise In Montana's Rules Of Judicial Notice, Cynthia Ford 2016 Alexander Blewett III School of Law at the University of Montana

The "Duh" Standard Is The Basic Premise In Montana's Rules Of Judicial Notice, Cynthia Ford

Faculty Journal Articles & Other Writings

No abstract provided.


Precedent In Statutory Interpretation, Lawrence Solan 2016 Brooklyn Law School

Precedent In Statutory Interpretation, Lawrence Solan

Faculty Scholarship

No abstract provided.


Louisiana Rapper’S Case Speaks To Bigger Problems In The Criminal Justice System, Andrea L. Dennis, Erik Nelson, Michael Render 2016 University of Georgia School of Law

Louisiana Rapper’S Case Speaks To Bigger Problems In The Criminal Justice System, Andrea L. Dennis, Erik Nelson, Michael Render

Popular Media

This article published on April 25, 2016 at the Huffington Post examines the case of McKinley Phipps. He was sentenced to thirty years of hard labor for a crime that, to this day, he insists he did not commit. During the trial prosecutors used Phipps’s rap persona and lyrics - remixed for special effect - to carefully construct a story of Phipps’s guilt. The article discusses how Phipps lyrics and persona contributed to his conviction and the progress of his appeals.


Lost In A Maze Of Character Evidence: How The Federal Courts Lack A Cohesive Approach To Applying Federal Rule Of Evidence 404(B) In Drug Distribution Cases, Brian Byrne 2016 Pace University School of Law

Lost In A Maze Of Character Evidence: How The Federal Courts Lack A Cohesive Approach To Applying Federal Rule Of Evidence 404(B) In Drug Distribution Cases, Brian Byrne

Pace Law Review

The admission of a criminal defendant’s prior bad acts can be a powerful tool for attaining a conviction. The federal courts are currently divided as to whether the defendant’s prior drug use is admissible under Rule 404(b) of the Federal Rules of Evidence when the defendant is charged with distributing a controlled dangerous substance.

Part I of this Comment will briefly explore the historical roots of Rule 404(b). Part II will examine the permissible purposes for admitting prior bad acts under Rule 404(b). Part III will discuss the circuit split that has developed as to whether the defendant’s prior drug …


Billy Joel: The Minstrel Testifies Or How The Rules Of Evidence Handcuff The Piano Man, Hon. Richard A. Dollinger 2016 Touro University Jacob D. Fuchsberg Law Center

Billy Joel: The Minstrel Testifies Or How The Rules Of Evidence Handcuff The Piano Man, Hon. Richard A. Dollinger

Touro Law Review

No abstract provided.


State V. Carroll, 132 Nev. Adv. Op. 23 (Apr. 7, 2016), Jessie Folkestad 2016 Nevada Law Journal

State V. Carroll, 132 Nev. Adv. Op. 23 (Apr. 7, 2016), Jessie Folkestad

Nevada Supreme Court Summaries

Defendant Deangelo Carroll appealed from a conviction for conspiracy to commit murder and first-degree murder with use of a deadly weapon. The Supreme Court of Nevada found the district court erred in denying Carroll’s motion to suppress his statements to police because the police subjected Carroll to a custodial interrogation, without advising him of his Miranda rights. The Court affirmed however, finding the error harmless beyond a reasonable doubt.


Ohio V. Clark , Peter M. Torstensen Jr. 2016 Notre Dame Law School

Ohio V. Clark , Peter M. Torstensen Jr.

Notre Dame Law Review Reflection

The heart of the debate over the purpose of the Confrontation Clause is the manner in which confrontation was intended to secure a defendant’s rights—either through procedural fairness or ensuring evidentiary reliability. The eventual direction the Supreme Court takes will depend, in large part, on which of these visions of the Confrontation Clause ultimately prevails. Michigan v. Bryant marked a potential step in the direction of the Ohio v. Roberts vision, and Ohio v. Clark does not appear to have departed from the course set in Bryant. Thus, while Crawford v. Washington marked a sea change in the Court’s confrontation …


Copwatching, Jocelyn Simonson 2016 Brooklyn Law School

Copwatching, Jocelyn Simonson

Faculty Scholarship

No abstract provided.


Litigating From The Prison Of The Mind: A Cognitive Right To Post-Conviction Counsel, Ken Strutin 2016 New York State Defenders Association

Litigating From The Prison Of The Mind: A Cognitive Right To Post-Conviction Counsel, Ken Strutin

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.


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