Moving Beyond Miranda: Concessions For Confessions,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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),
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 ,
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,
2016
Brooklyn Law School
Litigating From The Prison Of The Mind: A Cognitive Right To Post-Conviction Counsel,
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.
