Recently added articles from American Journal of Criminal Law:
Neuroscience Evidence, Legal Culture, and Criminal Procedure
Jul 01, 2006; ... I. Introduction We humans at some point developed the biological complexity and linguistic skills necessary to lie and to deceive. ' The ability to detect such acts reliably would undoubtedly be powerful evidence in any legal system interested in resolving contested factual disputes ...
Rethinking Plea Bargaining: The Practice and Reform of Prosecutorial Adjudication in American Criminal Procedure
Jul 01, 2006; ... I. Introduction This Article draws a distinction between two kinds of plea bargaining. In some instances, the practice of plea bargaining leads to what this Article calls de facto unilateral adjudication by the prosecution. In those cases, the prosecutor unilaterally decides who is ...
Reconsidering Spousal Privileges after Crawford
Jul 01, 2006; ... I. Introduction The Supreme Court's decision Crawford v. Washington1 has revitalized the Confrontation Clause in criminal proceedings by restricting the government's use of hearsay evidence where the out-of-court declarant does not testify at trial. It has lead increasingly to ...
Towards Attenuation: A "New" Due Process Limit on Pinkerton Conspiracy Liability
Apr 01, 2006; ... I. Introduction Pinkerton v. United States1 is reputedly one of the most venerable, well-settled, and unexamined precedents in American criminal law. Since 1946, under Pinkerton, a defendant can be held vicariously liable for the crimes of his co-conspirators, so long as they are ...
Congress Attempts to Shine a Light on a Dark Problem: An In-Depth Look at the Prison Rape Elimination Act of 2003
Apr 01, 2006; ... I have been sexually and physically assaulted several times, by several inmates. I am afraid to go to sleep, to shower, and just about everything else. I am afraid that when I am doing these things, I might die at any minute. Please sir, help me. Rodney, prisoner, 16 years ...