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Academic Journals
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- 1From:The Urban Lawyer (Vol. 51, Issue 3) Peer-ReviewedI. Introduction Although the privilege against self-incrimination under the Fifth Amendment is a hallmark of American law, it is not absolute. Society's understanding of the Fifth Amendment has changed over the course...
- 2From:Rutgers Computer & Technology Law Journal (Vol. 48, Issue 2)The American justice system faced unique and complicated constitutional challenges in the wake of the Coronavirus pandemic, especially with respect to the Sixth Amendment's guarantees to witness confrontation and a...
- 3From:Victoria University of Wellington Law Review (Vol. 53, Issue 2) Peer-ReviewedThis article analyses the provisions of the Sexual Violence Legislation Act 2021 that offer witnesses in sexual cases access to pre-recorded cross-examination as an alternative method of giving evidence. The Act is...
- 4From:Brief (Vol. 51, Issue 4)One of the challenges in constructing an impactful cross-examination (cross) is creating content. Many trial attorneys can effectively identify issues in the discovery process but fail to communicate to the fact finder...
- 5From:Washington Law Review (Vol. 97, Issue 2)Crime victims are often instrumentalized within the criminal legal process in furtherance of state prosecutorial interests. This is a particularly salient issue concerning victims of gender-based violence (GBV) because...
- 6From:Prosecutor, Journal of the National District Attorneys Association (Vol. 56, Issue 2) Peer-ReviewedWhat is your favorite part of trial? Many of you will say closing argument. Some of you will say cross-examination of the accused. A few of you (myself included) might say voir dire, fascinated with the art of jury...
- 7From:Family Advocate (Vol. 44, Issue 4)There is almost nothing about cross-examination not already written, and the recipes for success are many. For those inclined to lists, one can find The Only Three Rules of Cross-Examination, the Seven Steps to...
- 8From:Vanderbilt Journal of Transnational Law (Vol. 55, Issue 2)Questioning witnesses is essential for both fact-finding and ensuring the defendant's right to confrontation in criminal trials. Part I introduces the recently released judicial interpretation on the Application of...
- 9From:Suffolk University Law Review (Vol. 55, Issue 1) Peer-ReviewedHearsay is admissible in administrative proceedings; the subjects of those proceedings have a right to cross-examine the witnesses against them. Together these basic principles of administrative adjudication form a...
- 10From:Family Advocate (Vol. 44, Issue 2)For a trial attorney, cross-examination is the most exciting part of any evidentiary proceeding. You, the lawyer, get to be the focus. You get to be the star. When conducted properly, cross-examination gives you complete...
- 11From:Vanderbilt Journal of Entertainment and Technology Law (Vol. 23, Issue 4) Peer-ReviewedFrom unlocking an iPhone to Facebook "tags," facial recognition technology has become increasingly commonplace in modern society. In the wake of the Black Lives Matter movement and call for police reform in the United...
- 12From:Suffolk Journal of Trial & Appellate Advocacy (Vol. 26, Issue 2)A student enrolled in a public educational institution has a legally recognized property interest in her education, and thus is entitled to due process when that interest is threatened. (1) Due process requirements for...
- 13From:Harvard Law Review (Vol. 134, Issue 7)Contract Law--University Disciplinary Proceedings--Third Circuit Holds Pennsylvania Law Guarantees a "Real, Live, and Adversarial Hearing."--Doe v. University of the Sciences, 961 F.3d 203 (3d Cir. 2020). For decades,...
- 14From:Criminal Justice (Vol. 36, Issue 1) Peer-ReviewedWhen the Federal Rules of Evidence took effect in 1975, Fed. R. Evid. 801(d)(1) (B) provided that prior consistent statements could be admitted as nonhearsay if the following conditions were met: (1) the declarant...
- 15From:American Criminal Law Review (Vol. 58, Issue 2)The Sixth Amendment's Confrontation Clause provides criminal defendants "an opportunity for effective cross-examination" at trial. Defendants--usually through their attorneys--must be able to question adverse witnesses...
- 16From:American Criminal Law Review (Vol. 58, Issue 2)In a criminal trial, the Sixth Amendment's Compulsory Process Clause protects a defendant's right to gather evidence in his favor. Similarly, the Confrontation Clause guards a defendant's right to effectively...
- 17From:Harvard Journal of Law & Technology (Vol. 34, Issue 1) Peer-ReviewedI. INTRODUCTION Technological advancement offers unique opportunities to address longstanding issues of accessibility and equality in the criminal justice system and to respond to challenges obstructing traditional...
- 18From:Melbourne University Law Review (Vol. 42, Issue 3) Peer-ReviewedThe ability to confront witnesses through cross-examination is conventionally understood as the most powerful means of testing evidence, and one of the most important features of the adversarial trial. Popularly feted,...
- 19From:Vanderbilt Journal of Entertainment and Technology Law (Vol. 22, Issue 3) Peer-ReviewedHow should the Confrontation Clause of the Sixth Amendment be interpreted as to machine witnesses? Courts across the country have resisted efforts to cross-examine the human agents who assist machines that generate data...
- 20From:Trial (Vol. 56, Issue 3)As most of us know, a successful cross-examination is rooted in careful preparation and is usually based on a strategic plan to poke holes in the defense. Whether you've been handling cross for 20 years or are just...