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by Daniel J. Capra and Joseph Tartakovsky
Winter 2015 | Volume 99 Number 3In 2004, the Supreme Court, in Crawford v. Washington,1 restored the “original meaning” of the Sixth Amendment’s Confrontation Clause. The framers of that clause — which guarantees a criminal defendant the […]
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Justice Jackson’s post-Nuremberg legacy — his “dispassionate approach” to criminal procedure — continues to shape modern Fourth Amendment jurisprudence.
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by Michael P. Scharf and Benjamin Ferencz
Fall/Winter 2021-22 | Volume 105 Number 3During the Nuremberg Trials, Ferencz served as a principal trial lawyer for the U.S., working under chief prosecutors Justice Robert Jackson and Telford Taylor.
Point/Counterpoint
by N. Randy Smith and David R. Herndon
Spring 2016 | Volume 100 Number 1In some courtrooms, the practice of allowing jurors to pose questions to witnesses is gaining traction. Questioning witnesses allows jurors to clarify information and better understand the evidence and arguments […]
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by Richard Seltzer, Russell F. Canan, Molly Cannon and Heidi L. Hansberry
Spring 2016 | Volume 100 Number 1Just after midnight on a warm summer night, a Caucasian woman was walking alone on the streets of Washington, D.C. All of a sudden, three young men she had never […]
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by Brandon Garrett and Sandra Guerra Thompson
Summer 2021 | Volume 105 Number 2Maranda ODonnell was driving to her mother’s house to pick up her four-year-old daughter when she was stopped by police and arrested for driving with a suspended license. As was […]
Point/Counterpoint
by Robert D. Keeling and Ray Mangum
Summer 2021 | Volume 105 Number 2With the proliferation of social media platforms and other new technologies has come a renewed legal focus on privacy. Most of that focus has centered on data collection, storage, sharing, […]
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In my 14 years as a federal district judge, I estimate that I have sentenced well over 2,000 individuals.1 Sentencing is the most multifaceted, emotional, and challenging task a judge […]
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by SpearIt
Summer 2020 | Volume 104 Number 2With the Fourth Amendment gone, eyes are on the First // That’s why I’m spittin cyanide each and every verse These lyrics from American rap artist Paris’ 2003 album, Sonic […]
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Eyewitness evidence, in which a witness visually identifies the culprit, is a staple of criminal investigations. But its fallibility is notorious. As the National Academy of Sciences explained in an […]
